[House Report 118-190]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 118-190
======================================================================
ISAKSON-ROE EDUCATION OVERSIGHT EXPANSION ACT
_______
September 8, 2023.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Bost, from the Committee on Veterans' Affairs, submitted the
following
R E P O R T
[To accompany H.R. 3981]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 3981) to amend title 38, United States Code, to
improve the methods by which the Secretary of Veterans Affairs
conducts oversight of certain educational institutions, and for
other purposes, having considered the same, reports favorably
thereon with an amendment and recommends that the bill as
amended do pass.
CONTENTS
Page
Bill............................................................. 2
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Subcommittee Consideration....................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
Statement of General Performance Goals and Objectives............ 4
Earmarks and Tax and Tariff Benefits............................. 5
Committee Cost Estimate.......................................... 5
Budget Authority and Congressional Budget Office Estimate........ 5
Federal Mandates Statement....................................... 6
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
Statement on Duplication of Federal Programs..................... 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill as Reported............. 6
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Isakson-Roe Education Oversight
Expansion Act''.
SEC. 2. EXPANSION OF DEPARTMENT OF VETERANS AFFAIRS OVERSIGHT OF
CERTAIN EDUCATIONAL INSTITUTIONS.
(a) Additional Requirement for Approval.--Section 3675(b) of title
38, United States Code, is amended by adding at the end the following
new paragraph:
``(5) The educational institution agrees to, not later than
30 days after any date on which such educational institution
becomes subject to an action or event described in section
3673(e)(3) of this title, submit to the State approving agency,
or the Secretary when acting in the role of a State approving
agency, a notification of such action or event in such form and
containing such information as the Secretary determines
appropriate.''.
(b) Additional Requirement for Approval of Nonaccredited Courses.--
(1) In general.--Section 3676(c) of such title is amended--
(A) by redesignating paragraphs (14) through (16) as
paragraphs (15) through (17), respectively; and
(B) by inserting after paragraph (13) the following
new paragraph:
``(14) The institution agrees to, not later than 30 days
after any date on which such institution becomes subject to an
action or event described in section 3673(e)(3) of this title,
submit to the State approving agency, or the Secretary when
acting in the role of a State approving agency, a notification
of such action or event in such form and containing such
information as the Secretary determines appropriate.''.
(2) Conforming amendments.--Such title is further amended--
(A) in section 3672(b)(2)(C), by striking ``paragraph
(14) or (15)'' and inserting ``paragraph (15) or
(16)'';
(B) in section 3675(b)(3), by striking ``(14), (15),
and (16)'' and inserting ``(15), (16), and (17)'';
(C) in section 3679(d), by striking ``described in
paragraph (14) or (15)'' and inserting ``described in
paragraph (15) or (16)''; and
(D) in section 3680A(a)(4)(C)(iii), by striking
``section 3676(c)(14) and (15)'' and inserting
``section 3676(c)(15) and (16)''.
(c) Additional Grounds for Suspension of Approval.--Section
3679(f)(1) of such title is amended by adding at the end the following
new subparagraph:
``(I) Comply with the notification requirements under
sections 3675(b)(5) and 3676(c)(14) of this title, when
applicable.''.
(d) Deadline for Risk-based Surveys Database.--The Secretary of
Veterans Affairs shall establish the database required under section
3673A(c) of title 38, United States Code, by not later than 180 days
after the date of the enactment of this Act.
Purpose and Summary
H.R. 3981, the ``Isakson-Roe Education Oversight Expansion
Act of 2023,'' was introduced by Rep. Morgan McGarvey of
Kentucky on June 9, 2023. H.R. 3981, as amended, would require
schools to report any adverse actions taken against schools to
the State Approving Agencies (SAA) and the U.S. Department of
Veterans Affairs (VA) as part of their approval for G.I. Bill
benefits. Additionally, VA would be required to develop risk-
based surveys within 180 days of enactment. This legislation
aims to improve oversight, accountability, and access to
quality education for veterans, building on the success of the
Isakson-Roe Act.
Finally, the bill would also provide an offset for the cost
of these programs by extending the current rates for VA home
loan funding fees.
Background and Need for Legislation
Section 1: Short title
This Act may be cited as the ``Veterans Education Oversight
Expansion Act.''
Section 2: Department of Veterans Affairs oversight of certain
educational institutions
This section would implement a way to track important law-
enforcement, judicial, accreditor actions or events at eligible
schools, even though such actions or events, if known in a
timely manner, could and should trigger a review by the SAA or
VA.
The Committee believes it is not practical for VA or SAAs
to have knowledge of every adverse incident or situation that
occurs in every school. This is due to multiple oversight
entities, vast programs in different states and territories,
and significant actions not being made public. The Federal
Trade Commission, Department of Justice, state law enforcement,
and accrediting bodies are not obligated to implement mandatory
reporting measures for participating in Title 38 education
programs.
This section would require notifying SAAs of adverse
actions to lessen the impact on student veterans. This would
allow for timely reporting and prevent any issues that could
affect their eligibility for VA programs. This bill aims to
improve the accountability of educational institutions that
receive the G.I. Bill. Under the new legislation, schools would
be required to report any violations within 30 days or face
additional penalties. Additionally, VA would be required to
create a readily accessible, searchable database of the results
of risk-based surveys within 180 days of enactment, which would
help ensure that federal funds are being used appropriately to
benefit veteran populations. The Committee believes this is
important to track consistency.
Furthermore, the bill includes reporting requirements that
would allow VA and Congress to effectively oversee the
program's operations. The Committee believes it is important to
continue building on the success of the Isakson Roe Act and
ensure that the G.I. Bill remains a valuable resource for
veterans seeking meaningful education opportunities.
Hearings
On June 14, 2023, the Subcommittee on Economic Opportunity
held a legislative hearing on H.R. 3981 and other bills that
were pending before the subcommittee.
The following witnesses testified:
Mr. Joseph Garcia, Executive Director of Education
Service, U.S. Department of Veterans Affairs; Ms.
Melissa Cohen, Deputy Executive Director of Outreach,
Transition, and Economic Development, U.S. Department
of Veterans Affairs; Ms. Monica Diaz, Executive
Director, Office of Homeless Programs, U.S. Department
of Veterans Affairs; Mr. James Rodriguez, Assistant
Secretary for Veterans' Employment and Training
Service, U.S. Department of Labor; Mr. Paul Marone,
USERRA Policy Chief for Veterans' Employment and
Training Service, U.S. Department of Labor; Mr. Patrick
Murray, Director, National Legislative Service,
Veterans of Foreign Wars of the United States; Mr.
Ricardo Gomez, Employment and Education Policy
Associate, The American Legion; Mr. Matthew
Schwartzman, Director, Legislation and Military Policy,
Reserve Organization of America; Ms. Meredith M. Smith,
Government Relations Deputy Director, National Military
Family Association, and Mr. Kevin Hollinger,
Legislative Director, Enlisted Association of the
National Guard of the United States.
The following individuals and organizations submitted
statements for the record:
Helping Veterans and Families of Indiana, The
American Legion Department of California, Disabled
American Veterans Department of California, Veterans
Education Success, Nation's Finest, New England Center
and Home for Veterans, Representative Morgan McGarvey
of Kentucky, Volunteers of America of Los Angeles, U.S.
VETS Long Beach, Family & Community Services Inc., U.S.
VETS Prescott, U.S. VETS Inglewood, Veterans
Integration Centers, U.S. VETS Inland Empire, Operation
Dignity, and the Alston Wilkes Society.
Subcommittee Consideration
On July 19, 2023, the subcommittee on Economic Opportunity
held a markup on the legislation included in the text of this
bill. An amendment in the nature of a substitute to H.R. 3981
offered by Rep. McGarvey was adopted by voice vote and the bill
was ordered favorably forwarded to the full Committee on
Veterans Affairs. The amendment in the nature of a substitute
removed G.I. Bill restoration language that had a CBO
preliminary score in the double-digit millions.
Committee Consideration
On July 27, 2023, the full Committee met in open markup
session, a quorum being present, and ordered H.R. 3981, as
amended, be reported favorably to the House of Representatives
by voice vote. During consideration of the bill no amendments
were considered. A motion by Ranking Member Takano to report
H.R. 3981, as amended, favorably to the House of
Representatives was agreed to by voice vote.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, 1 recorded vote was taken on
amendments or in connection with ordering H.R. 3981 as amended,
reported to the House.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives of H.R. 3981, as amended, are to provide
additional opportunities for education and training for
veterans and improve the lives of veterans generally.
Earmarks and Tax and Tariff Benefits
H.R. 3981, as amended, does not contain any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Committee Cost Estimate
The Committee adopts as its own the Congressional Budget
Office cost estimate on this measure.
Budget Authority and Congressional Budget Office
Cost Estimate
H.R. 3981 would require educational institutions that offer
certain courses to people who are eligible for education
benefits administered by the Department of Veterans Affairs
(VA) to notify VA (or relevant state agencies) of specified
unfavorable events involving the institution. (Relevant state
agencies include those responsible for approving educational
institutions, programs, and courses to receive benefit payments
from VA.) Reportable events would include punitive actions by
state or federal agencies, heightened monitoring of federal
student aid, and the potential loss of accreditation.
Institutions that fail to report those events would become
ineligible to receive benefit payments from VA, which are
classified in the federal budget as direct spending. CBO
anticipates that almost all students with VA benefits who plan
to attend schools that do not comply would use their benefits
at other educational institutions instead. The cost of
attendance at the substitute institutions could be more or less
than the costs of the schools the students had planned to
attend. Thus, requiring those notifications would not
significantly affect the budget, CBO estimates.
The CBO staff contact for this estimate is Paul B.A.
Holland. The estimate was reviewed by Christina Hawley Anthony,
Deputy Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
Federal Mandates Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) is inapplicable to H.R. 3981.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
3981, as amended.
Applicability to Legislative Branch
The Committee finds that H.R. 3981, as amended, does not
relate to the terms and conditions of employment or access to
public services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Statement on Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 3981, as amended, would establish or reauthorize a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 would establish the short title of the bill as
``Veterans Education Oversight Expansion Act.''
Section 2. Department of Veterans Affairs oversight of certain
educational institutions
This section would amend section 3675(b) of title 38 of the
U.S. Code to require that no more than 30 days after an adverse
event that, in addition to the VA, that the SAA's must also be
notified of the event. This section would also include a
provision of risk-based surveys to provide oversight of the new
requirement.
This section would strengthen the reporting requirements of
educational entities that receive GI Bill education benefits.
Under this section, educational institutions would be required
to report any noncompliance within 30 days to avoid penalties.
Finally, this section would require VA to create a
previously mandated database of risk-based surveys within 180
days of enactment.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART III--READJUSTMENT AND RELATED BENEFITS
* * * * * * *
CHAPTER 36--ADMINISTRATION OF EDUCATIONAL BENEFITS
* * * * * * *
SUBCHAPTER II--STATE APPROVING AGENCIES
* * * * * * *
Sec. 3672. Approval of courses
(a) An eligible person or veteran shall receive the benefits
of this chapter and chapters 34 and 35 of this title while
enrolled in a course of education offered by an educational
institution only if (1) such course is approved as provided in
this chapter and chapters 34 and 35 of this title by the State
approving agency for the State where such educational
institution is located, or by the Secretary, or (2) such course
is approved (A) for the enrollment of the particular individual
under the provisions of section 3536 of this title or (B) for
special restorative training under subchapter V of chapter 35
of this title. Approval of courses by State approving agencies
shall be in accordance with the provisions of this chapter and
chapters 34 and 35 of this title and such other regulations and
policies as the State approving agency may adopt. Each State
approving agency shall furnish the Secretary with a current
list of educational institutions specifying courses which it
has approved, and, in addition to such list, it shall furnish
such other information to the Secretary as it and the Secretary
may determine to be necessary to carry out the purposes of this
chapter and chapters 34 and 35 of this title. Each State
approving agency shall notify the Secretary of the disapproval
of any course previously approved and shall set forth the
reasons for such disapproval.
(b)(1) The Secretary shall be responsible for the approval of
courses of education offered by any agency of the Federal
Government authorized under other laws to supervise such
education. The Secretary may approve any course in any other
educational institution in accordance with the provisions of
this chapter and chapters 34 and 35 of this title.
(2)(A) Subject to sections 3675(b)(1) and (b)(2), 3680A,
3684, and 3696 of this title, a program of education is deemed
to be approved for purposes of this chapter if a State
approving agency, or the Secretary when acting in the role of a
State approving agency, determines that the program is one of
the following programs:
(i) Except as provided in subparagraph (C) or (D), an
accredited standard college degree program offered at a
public or not-for-profit proprietary educational
institution that--
(I) is accredited by an agency or association
recognized for that purpose by the Secretary of
Education; and
(II) is approved and participates in a
program under title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.), unless
the Secretary has waived the requirement to
participate in a program under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.).
(ii) A flight training course approved by the Federal
Aviation Administration that is offered by a certified
pilot school that possesses a valid Federal Aviation
Administration pilot school certificate.
(iii) An apprenticeship program registered with the
Office of Apprenticeship (OA) of the Employment
Training Administration of the Department of Labor or a
State apprenticeship agency recognized by the Office of
Apprenticeship pursuant to the Act of August 16, 1937
(popularly known as the ``National Apprenticeship
Act''; 29 U.S.C. 50 et seq.).
(iv) A program leading to a secondary school diploma
offered by a secondary school approved in the State in
which it is operating.
(B) A licensure test offered by a Federal, State, or local
government is deemed to be approved for purposes of this
chapter.
(C) A course that is described in both subparagraph (A)(i) of
this paragraph and in [paragraph (14) or (15)] paragraph (15)
or (16) of section 3676(c) of this title shall not be deemed to
be approved for purposes of this chapter unless--
(i) a State approving agency, or the Secretary when
acting in the role of a State approving agency,
determines that the course meets the applicable
criteria in such paragraphs; or
(ii) the Secretary issues a waiver for such course
under section 3676(f)(1) of this title.
(D) A program that is described in subparagraph (A)(i) of
this paragraph and offered by an educational institution that
is at risk of losing accreditation shall not be deemed to be
approved for purposes of this chapter. For purposes of this
subparagraph, an educational institution is at risk of losing
accreditation if that educational institution has received from
the relevant accrediting agency or association a notice
described in section 3673(e)(2)(D) of this title.
(c)(1)(A) The State approving agency for a multi-State
apprenticeship program is--
(i) for purposes of approval of the program, the
State approving agency for the State in which the
headquarters of the apprenticeship program is located;
and
(ii) for all other purposes, the State approving
agency for the State in which the apprenticeship
program takes place.
(B) In this paragraph, the term ``multi-State apprenticeship
program'' means a non-Federal apprenticeship program operating
in more than one State that meets the minimum national program
standards, as developed by the Department of Labor.
(2) The period of a program of apprenticeship may be
determined based upon a specific period of time (commonly
referred to as a ``time-based program''), based upon the
demonstration of successful mastery of skills (commonly
referred to as a ``competency-based program''), or based upon a
combination thereof.
(3)(A) In the case of a competency-based program of
apprenticeship, State approving agencies shall determine the
period for which payment may be made for such a program under
chapters 30 and 35 of this title and chapter 1606 of title 10.
In determining the period of such a program, State approving
agencies shall take into consideration the approximate term of
the program recommended in registered apprenticeship program
standards recognized by the Secretary of Labor.
(B) The sponsor of a competency-based program of
apprenticeship shall provide notice to the State approving
agency involved of any such standards that may apply to the
program and the proposed approximate period of training under
the program.
(4) The sponsor of a competency-based program of
apprenticeship shall notify the Secretary upon the successful
completion of a program of apprenticeship by an individual
under chapter 30 or 35 of this title, or chapter 1606 of title
10, as the case may be.
(d)(1) Pursuant to regulations prescribed by the Secretary in
consultation with the Secretary of Labor, the Secretary and
State approving agencies shall actively promote the development
of apprenticeship and on the job training programs for the
purposes of sections 3677 and 3687 of this title and shall
utilize the services of disabled veterans' outreach program
specialists under section 4103A of this title to promote the
development of such programs. The Secretary of Labor shall
provide assistance and services to the Secretary, and to State
approving agencies, to increase the use of apprenticeships.
(2) In conjunction with outreach services provided by the
Secretary under chapter 77 of this title for education and
training benefits, each State approving agency shall conduct
outreach programs and provide outreach services to eligible
persons and veterans about education and training benefits
available under applicable Federal and State law.
(e) A program of education exclusively by correspondence, and
the correspondence portion of a combination correspondence-
residence course leading to a vocational objective, that is
offered by an educational institution (as defined in section
3452(c) of this title) may be approved only if (1) the
educational institution is accredited by an entity recognized
by the Secretary of Education, and (2) at least 50 percent of
those pursuing such a program or course require six months or
more to complete the program or course.
* * * * * * *
Sec. 3675. Approval of accredited courses
(a)(1) A State approving agency, or the Secretary when acting
in the role of a State approving agency, may approve accredited
programs (including non-degree accredited programs) not covered
by section 3672 of this title when--
(A) such courses have been accredited and approved by
a nationally recognized accrediting agency or
association;
(B) such courses are conducted under the Act of
February 23, 1917 (20 U.S.C. 11 et seq.);
(C) such courses are accepted by the State department
of education for credit for a teacher's certificate or
a teacher's degree; or
(D) such courses are approved by the State as meeting
the requirement of regulations prescribed by the
Secretary of Health and Human Services under sections
1819(f)(2)(A)(i) and 1919(f)(2)(A)(i) of the Social
Security Act (42 U.S.C. 1395i-3(f)(2)(A)(i) and
1396r(f)(2)(A)(i)).
(2)(A) For the purposes of this chapter, the Secretary of
Education shall publish a list of nationally recognized
accrediting agencies and associations which that Secretary
determines to be reliable authority as to the quality of
training offered by an educational institution.
(B) Except as provided in section 3672(e) of this title, a
State approving agency may utilize the accreditation of any
accrediting association or agency listed pursuant to
subparagraph (A) of this paragraph for approval of courses
specifically accredited and approved by such accrediting
association or agency.
(3)(A) An educational institution shall submit an application
for approval of courses to the appropriate State approving
agency. In making application for approval, the institution
(other than an elementary school or secondary school) shall
transmit to the State approving agency copies of its catalog or
bulletin which must be certified as true and correct in content
and policy by an authorized representative of the institution.
(B) Each catalog or bulletin transmitted by an institution
under subparagraph (A) of this paragraph shall--
(i) state with specificity the requirements of the
institution with respect to graduation;
(ii) include the information required under
paragraphs (6) and (7) of section 3676(b) of this
title; and
(iii) include any attendance standards of the
institution, if the institution has and enforces such
standards.
(b) As a condition of approval under this section, the State
approving agency, or the Secretary when acting in the role of a
State approving agency, must find the following:
(1) The educational institution keeps adequate
records, as prescribed by the State approving agency,
or the Secretary when acting in the role of a State
approving agency, to show the progress and grades of
the eligible person or veteran and to show that
satisfactory standards relating to progress and conduct
are enforced.
(2) The educational institution maintains a written
record of the previous education and training of the
eligible person or veteran that clearly indicates that
appropriate credit has been given by the educational
institution for previous education and training, with
the training period shortened proportionately.
(3) The educational institution and its approved
courses meet the criteria of paragraphs (1), (2), (3),
[(14), (15), and (16)] (15), (16), and (17) of section
3676(c) of this title (or, with respect to such
paragraphs (14) and (15), the requirements under such
paragraphs are waived pursuant to subsection (f)(1) of
section 3676 of this title).
(4) The educational institution is approved and
participates in a program under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.) or the
Secretary has waived the requirement under this
paragraph with respect to an educational institution
and submits to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of
the House of Representatives notice of such waiver.
(5) The educational institution agrees to, not later
than 30 days after any date on which such educational
institution becomes subject to an action or event
described in section 3673(e)(3) of this title, submit
to the State approving agency, or the Secretary when
acting in the role of a State approving agency, a
notification of such action or event in such form and
containing such information as the Secretary determines
appropriate.
(c)(1) A State approving agency may approve the
entrepreneurship courses offered by a qualified provider of
entrepreneurship courses.
(2) For purposes of this subsection, the term
``entrepreneurship course'' means a non-degree, non-credit
course of business education that enables or assists a person
to start or enhance a small business concern (as defined
pursuant to section 3(a) of the Small Business Act (15 U.S.C.
632(a))).
(3) Subsection (a) and paragraphs (1) and (2) of subsection
(b) shall not apply to--
(A) an entrepreneurship course offered by a qualified
provider of entrepreneurship courses; and
(B) a qualified provider of entrepreneurship courses
by reason of such provider offering one or more
entrepreneurship courses.
(4) Notwithstanding paragraph (3), a qualified provider of
entrepreneurship courses shall maintain such records as the
Secretary determines to be necessary to comply with reporting
requirements that apply under section 3684(a)(1) of this title
with respect to eligible persons and veterans enrolled in an
entrepreneurship course offered by the provider.
(d)(1) The Secretary shall submit to Congress an annual
report on any waivers issued pursuant to subsection (b)(4) or
section 3672(b)(2)(A)(i) of this title.
(2) Each report submitted under paragraph (1) shall include,
for the year covered by the report, the following:
(A) The name of each educational institution for
which a waiver was issued.
(B) The justification for each such waiver.
(C) The total number of waivers issued.
Sec. 3676. Approval of nonaccredited courses
(a) No course of education which has not been approved by a
State approving agency pursuant to section 3675 of this title,
which is offered by a public or private, profit or nonprofit,
educational institution shall be approved for the purposes of
this chapter unless the educational institution offering such
course submits to the appropriate State approving agency a
written application for approval of such course in accordance
with the provisions of this chapter.
(b) Such application shall be accompanied by not less than
two copies of the current catalog or bulletin which is
certified as true and correct in content and policy by an
authorized owner or official and includes the following:
(1) Identifying data, such as volume number and date
of publication;
(2) Names of the institution and its governing body,
officials and faculty;
(3) A calendar of the institution showing legal
holidays, beginning and ending date of each quarter,
term, or semester, and other important dates;
(4) Institution policy and regulations on enrollment
with respect to enrollment dates and specific entrance
requirements for each course;
(5) Institution policy and regulations relative to
leave, absences, class cuts, makeup work, tardiness and
interruptions for unsatisfactory attendance;
(6) Institution policy and regulations relative to
standards of progress required of the student by the
institution (this policy will define the grading system
of the institution, the minimum grades considered
satisfactory, conditions for interruption for
unsatisfactory grades or progress and a description of
the probationary period, if any, allowed by the
institution, and conditions of reentrance for those
students dismissed for unsatisfactory progress. A
statement will be made regarding progress records kept
by the institution and furnished the student);
(7) Institution policy and regulations relating to
student conduct and conditions for dismissal for
unsatisfactory conduct;
(8) Detailed schedules of fees, charges for tuition,
books, supplies, tools, student activities, laboratory
fees, service charges, rentals, deposits, and all other
charges;
(9) Policy and regulations of the institution
relative to the refund of the unused portion of
tuition, fees, and other charges in the event the
student does not enter the course or withdraws or is
discontinued therefrom;
(10) A description of the available space,
facilities, and equipment;
(11) A course outline for each course for which
approval is requested, showing subjects or units in the
course, type of work or skill to be learned, and
approximate time and clock hours to be spent on each
subject or unit; and
(12) Policy and regulations of the institution
relative to granting credit for previous educational
training.
(c) The appropriate State approving agency may approve the
application of such institution when the institution and its
non-accredited courses are found upon investigation to have met
the following criteria:
(1) The courses, curriculum, and instruction are
consistent in quality, content, and length with similar
courses in public schools and other private schools in
the State, with recognized accepted standards.
(2) There is in the institution adequate space,
equipment, instructional material, and instructor
personnel to provide training of good quality.
(3) Educational and experience qualifications of
directors, administrators, and instructors are
adequate.
(4) The institution maintains a written record of the
previous education and training of the eligible person
and clearly indicates that appropriate credit has been
given by the institution for previous education and
training, with the training period shortened
proportionately and the eligible person so notified.
(5) A copy of the course outline, schedule of
tuition, fees, and other charges, regulations
pertaining to absence, grading policy, and rules of
operation and conduct will be furnished the eligible
person upon enrollment.
(6) Upon completion of training, the eligible person
is given a certificate by the institution indicating
the approved course and indicating that training was
satisfactorily completed.
(7) Adequate records as prescribed by the State
approving agency are kept to show attendance and
progress or grades, and satisfactory standards relating
to attendance, progress, and conduct are enforced.
(8) The institution complies with all local, city,
county, municipal, State, and Federal regulations, such
as fire codes, building and sanitation codes. The State
approving agency may require such evidence of
compliance as is deemed necessary.
(9) The institution is financially sound and capable
of fulfilling its commitments for training.
(10) The institution, and any entity that owns the
institution, does not engage in substantial
misrepresentation described in section 3696(e) of this
title. The institution shall not be deemed to have met
this requirement until the State approving agency--
(A) has ascertained that no Federal
department or agency has taken a punitive
action, not including a settlement agreement,
against the school for misleading or deceptive
practices;
(B) has, if such an order has been issued,
given due weight to that fact; and
(C) has reviewed the complete record of
advertising, sales, or enrollment materials
(and copies thereof) used by or on behalf of
the institution during the preceding 12-month
period.
(11) The institution does not exceed its enrollment
limitations as established by the State approving
agency.
(12) The institution's administrators, directors,
owners, and instructors are of good reputation and
character.
(13) The institution has and maintains a policy for
the refund of the unused portion of tuition, fees, and
other charges in the event the eligible person fails to
enter the course or withdraws or is discontinued
therefrom at any time before completion and--
(A) in the case of an institution (other than
(i) a Federal, State, or local Government
institution or (ii) an institution described in
subparagraph (B)), such policy provides that
the amount charged to the eligible person for
tuition, fees, and other charges for a portion
of the course shall not exceed the approximate
pro rata portion of the total charges for
tuition, fees, and other charges that the
length of the completed portion of the course
bears to its total length; or
(B) in the case of an institution that is a
nonaccredited public educational institution,
the institution has and maintains a refund
policy regarding the unused portion of tuition,
fees, and other charges that is substantially
the same as the refund policy followed by
accredited public educational institutions
located within the same State as such
institution.
(14) The institution agrees to, not later than 30
days after any date on which such institution becomes
subject to an action or event described in section
3673(e)(3) of this title, submit to the State approving
agency, or the Secretary when acting in the role of a
State approving agency, a notification of such action
or event in such form and containing such information
as the Secretary determines appropriate.
[(14)] (15) In the case of a course designed to
prepare an individual for licensure or certification in
a State, the course--
(A) meets all instructional curriculum
licensure or certification requirements of such
State; and
(B) in the case of a course designed to
prepare an individual for licensure to practice
law in a State, is accredited by a specialized
accrediting agency for programs of legal
education or association recognized by the
Secretary of Education under subpart 2 of part
H of title IV of the Higher Education Act of
1965 (20 U.S.C. 1099b), from which recipients
of law degrees from such accredited programs
are eligible to sit for a bar examination in
any State.
[(15)] (16) In the case of a course designed to
prepare an individual for employment pursuant to
standards developed by a board or agency of a State in
an occupation that requires approval, licensure, or
certification, the course--
(A) meets such standards; and
(B) in the case of a course designed to
prepare an individual for licensure to practice
law in a State, is accredited by a specialized
accrediting agency for programs of legal
education or association recognized by the
Secretary of Education under subpart 2 of part
H of title IV of the Higher Education Act of
1965 (20 U.S.C. 1099b), from which recipients
of law degrees from such accredited programs
are eligible to sit for a bar examination in
any State.
[(16)] (17) Such additional criteria as may be deemed
necessary by the State approving agency if the
Secretary, in consultation with the State approving
agency and pursuant to regulations prescribed to carry
out this paragraph, determines such criteria are
necessary and treat public, private, and proprietary
for-profit educational institutions equitably.
(d) The Secretary may waive, in whole or in part, the
requirements of subsection (c)(13) of this section in the case
of an educational institution which--
(1) is a college, university, or similar institution
offering postsecondary level academic instruction that
leads to an associate or higher degree,
(2) is operated by an agency of a State or of a unit
of local government,
(3) is located within such State or, in the case of
an institution operated by an agency of a unit of local
government, within the boundaries of the area over
which such unit has taxing jurisdiction, and
(4) is a candidate for accreditation by a regional
accrediting association,
if the Secretary determines, pursuant to regulations which the
Secretary shall prescribe, that such requirements would work an
undue administrative hardship because the total amount of
tuition, fees, and other charges at such institution is
nominal.
(e) Notwithstanding any other provision of this title, a
course of education shall not be approved under this section if
it is to be pursued in whole or in part by independent study.
(f)(1) The Secretary may waive the requirements of paragraph
(14) or (15) of subsection (c) in the case of a course of
education offered by an educational institution (either
accredited or not accredited) if the Secretary determines all
of the following:
(A) The educational institution is not accredited by
an agency or association recognized by the Secretary of
Education.
(B) The course did not meet the requirements of such
paragraph at any time during the 2-year period
preceding the date of the waiver.
(C) The waiver furthers the purposes of the
educational assistance programs administered by the
Secretary or would further the education interests of
individuals eligible for assistance under such
programs.
(D) The educational institution does not provide any
commission, bonus, or other incentive payment based
directly or indirectly on success in securing
enrollments or financial aid to any persons or entities
engaged in any student recruiting or admission
activities or in making decisions regarding the award
of student financial assistance, except for the
recruitment of foreign students residing in foreign
countries who are not eligible to receive Federal
student assistance.
(2) Not later than 30 days after the date on which the
Secretary issues a waiver under paragraph (1), the Secretary
shall submit to Congress notice of such waiver and a
justification for issuing such waiver.
* * * * * * *
Sec. 3679. Disapproval of courses
(a)(1) Except as provided by paragraph (2), any course
approved for the purposes of this chapter which fails to meet
any of the requirements of this chapter (including failure to
comply with a risk-based survey under this chapter or secure an
affirmation of approval by the appropriate State approving
agency following the survey) shall be immediately disapproved
by the Secretary or the appropriate State approving agency. An
educational institution which has its courses disapproved by
the Secretary or a State approving agency will be notified of
such disapproval by a certified or registered letter of
notification and a return receipt secured.
(2) In the case of a course of education that would be
subject to disapproval under paragraph (1) solely for the
reason that the Secretary of Education withdraws the
recognition of the accrediting agency that accredited the
course, the Secretary of Veterans Affairs, in consultation with
the Secretary of Education, and notwithstanding the withdrawal,
may continue to treat the course as an approved course of
education under this chapter for a period not to exceed 18
months from the date of the withdrawal of recognition of the
accrediting agency, unless the Secretary of Veterans Affairs or
the appropriate State approving agency determines that there is
evidence to support the disapproval of the course under this
chapter. The Secretary shall provide to any veteran enrolled in
such a course of education notice of the status of the course
of education.
(3) In this section, the term ``risk-based survey'' means a
risk-based survey developed under section 3673A(a) of this
title.
(b) Each State approving agency shall notify the Secretary of
each course which it has disapproved under this section. The
Secretary shall notify the State approving agency of the
Secretary's disapproval of any educational institution under
chapter 31 of this title.
(c)(1) Notwithstanding any other provision of this chapter
and subject to paragraphs (3) through (6), the Secretary shall
disapprove a course of education provided by a public
institution of higher learning if the institution charges
tuition and fees for that course for covered individuals who
are pursuing the course with educational assistance under
chapter 30, 31, 33, or 35 of this title while living in the
State in which the institution is located at a rate that is
higher than the rate the institution charges for tuition and
fees for that course for residents of the State in which the
institution is located, regardless of the covered individual's
State of residence.
(2) For purposes of this subsection, a covered individual is
any individual as follows:
(A) A veteran who was discharged or released from a
period of not fewer than 90 days of service in the
active military, naval, air, or space service.
(B) An individual who is entitled to assistance
under--
(i) section 3311(b)(8) of this title; or
(ii) section 3319 of this title by virtue of
the individual's relationship to--
(I) a veteran described in
subparagraph (A); or
(II) a member of the uniformed
services described in section 3319(b)
of this title who is serving on active
duty.
(C) An individual who is entitled to rehabilitation
under section 3102(a) of this title.
(D) An individual who is entitled to assistance under
section 3510 of this title.
(3) If after enrollment in a course of education that is
subject to disapproval under paragraph (1) by reason of
paragraph (2)(A), (2)(B), or (2)(C) a covered individual
pursues one or more courses of education at the same public
institution of higher learning while remaining continuously
enrolled (other than during regularly scheduled breaks between
courses, semesters or terms) at that institution of higher
learning, any course so pursued by the covered individual at
that institution of higher learning while so continuously
enrolled shall also be subject to disapproval under paragraph
(1).
(4)(A) It shall not be grounds to disapprove a course of
education under paragraph (1) if a public institution of higher
learning requires a covered individual pursuing a course of
education at the institution to demonstrate an intent, by means
other than satisfying a physical presence requirement, to
establish residency in the State in which the institution is
located, or to satisfy other requirements not relating to the
establishment of residency, in order to be charged tuition and
fees for that course at a rate that is equal to or less than
the rate the institution charges for tuition and fees for that
course for residents of the State.
(B) To the extent feasible, the Secretary shall make publicly
available on the internet website of the Department a database
explaining any requirements described in subparagraph (A) that
are established by a public institution of higher learning for
an individual to be charged tuition and fees at a rate that is
equal to or less than the rate the institution charges for
tuition and fees for residents of the State in which the
institution is located. The Secretary shall disapprove a course
of education provided by such an institution that does not
provide the Secretary--
(i) an initial explanation of such requirements; and
(ii) not later than 90 days after the date on which
any such requirements change, the updated requirements.
(5) The Secretary may waive such requirements of paragraph
(1) as the Secretary considers appropriate.
(6) Disapproval under paragraph (1) shall apply only with
respect to educational assistance under chapters 30, 31, 33,
and 35 of this title.
(d) Notwithstanding any other provision of this chapter, the
Secretary or the applicable State approving agency shall
disapprove a course of education [described in paragraph (14)
or (15)] described in paragraph (15) or (16) of section 3676(c)
of this title unless the educational institution providing the
course of education--
(1) publicly discloses any conditions or additional
requirements, including training, experience, or
examinations, required to obtain the license,
certification, or approval for which the course of
education is designed to provide preparation; and
(2) makes each disclosure required by paragraph (1)
in a manner that the Secretary considers prominent (as
specified by the Secretary in regulations prescribed
for purposes of this subsection).
(e)(1) Notwithstanding any other provision of this chapter,
beginning on August 1, 2019, a State approving agency, or the
Secretary when acting in the role of the State approving
agency, shall disapprove a course of education provided by an
educational institution that has in effect a policy that is
inconsistent with any of the following:
(A) A policy that permits any covered individual to
attend or participate in the course of education during
the period beginning on the date on which the
individual provides to the educational institution a
certificate of eligibility for entitlement to
educational assistance under chapter 31, 33, or 35 of
this title and ending on the earlier of the following
dates:
(i) The date on which the Secretary provides
payment for such course of education to such
institution.
(ii) The date that is 90 days after the date
on which the educational institution certifies
for tuition and fees following receipt from the
student such certificate of eligibility.
(B) A policy that ensures that the educational
institution will not impose any penalty, including the
assessment of late fees, the denial of access to
classes, libraries, or other institutional facilities,
or the requirement that a covered individual borrow
additional funds, on any covered individual because of
the individual's inability to meet his or her financial
obligations to the institution due to the delayed
disbursement of a payment to be provided by the
Secretary under chapter 31 33, or 35 of this title.
(2) For purposes of this subsection, a covered individual is
any individual who is entitled to educational assistance under
chapter 31 1 33, or 35 of this title.
(3) The Secretary may waive such requirements of paragraph
(1) as the Secretary considers appropriate.
(4) It shall not be inconsistent with a policy described in
paragraph (1) for an educational institution to require a
covered individual to take the following additional actions:
(A) Submit a certificate of eligibility for
entitlement to educational assistance not later than
the first day of a course of education for which the
individual has indicated the individual wishes to use
the individual's entitlement to educational assistance.
(B) Submit a written request to use such entitlement.
(C) Provide additional information necessary to the
proper certification of enrollment by the educational
institution.
(f)(1) Except as provided by paragraph (5), a State approving
agency, or the Secretary when acting in the role of the State
approving agency, shall take an action described in paragraph
(4)(A) if the State approving agency or the Secretary, when
acting in the role of the State approving agency, determines
that an educational institution does not perform any of the
following:
(A) Prior to the enrollment of a covered individual
in a course of education at the educational
institution, provide the individual with a form that
contains information personalized to the individual
that describes--
(i) the estimated total cost of the course,
including tuition, fees, books, supplies, and
any other additional costs;
(ii) an estimate of the cost for living
expenses for students enrolled in the course;
(iii) the amount of the costs under clauses
(i) and (ii) that are covered by the
educational assistance provided to the
individual under chapter 30, 31, 32, 33, or 35
of this title, or chapter 1606 or 1607 of title
10, as the case may be;
(iv) the type and amount of Federal financial
aid not administered by the Secretary and
financial aid offered by the institution that
the individual may qualify to receive;
(v) an estimate of the amount of student loan
debt the individual would have upon graduation;
(vi) information regarding graduation rates;
(vii) job-placement rates for graduates of
the course, if available;
(viii) information regarding the acceptance
by the institution of transfer of credits,
including military credits;
(ix) any conditions or additional
requirements, including training, experience,
or examinations, required to obtain the
license, certification, or approval for which
the course of education is designed to provide
preparation; and
(x) other information to facilitate
comparison by the individual of aid packages
offered by different educational institutions.
(B) Not later than 15 days after the date on which
the institution (or the governing body of the
institution) determines tuition rates and fees for an
academic year that is different than the amount being
charged by the institution, provide a covered
individual enrolled in a course of education at the
educational institution with the form under
subparagraph (A) that contains updated information.
(C) Maintain policies to--
(i) inform each covered individual enrolled
in a course of education at the educational
institution of the availability of Federal
financial aid not administered by the Secretary
and financial aid offered by the institution;
and
(ii) alert such individual of the potential
eligibility of the individual for such
financial aid before packaging or arranging
student loans or alternative financing programs
for the individual.
(D) Maintain policies to--
(i) prohibit the automatic renewal of a
covered individual in courses and programs of
education; and
(ii) ensure that each covered individual
approves of the enrollment of the individual in
a course.
(E) Provide to a covered individual enrolled in a
course of education at the educational institution with
information regarding the requirements to graduate from
such course, including, to the maximum extent
practicable, information regarding when required
classes will be offered and a timeline to graduate.
(F) With respect to an accredited educational
institution, obtain the approval of the accrediting
agency for each new course or program of the
institution before enrolling covered individuals in
such courses or programs if the accrediting agency
determines that such approval is appropriate under the
substantive change requirements of the accrediting
agency regarding the quality, objectives, scope, or
control of the institution.
(G) Maintain a policy that--
(i) ensures that members of the Armed Forces,
including the reserve components and the
National Guard, who enroll in a course of
education at the educational institution may be
readmitted at such institution if such members
are temporarily unavailable or have to suspend
such enrollment by reason of serving in the
Armed Forces; and
(ii) otherwise accommodates such members
during short absences by reason of such
service.
(H) Designate an employee of the educational
institution to serve as a point of contact for covered
individuals and the family of such individuals needing
assistance with respect to academic counseling,
financial counseling, disability counseling, and other
information regarding completing a course of education
at such institution, including by referring such
individuals and family to the appropriate persons for
such counseling and information.
(I) Comply with the notification requirements under
sections 3675(b)(5) and 3676(c)(14) of this title, when
applicable.
(2) Except as provided by paragraph (5), a State approving
agency, or the Secretary when acting in the role of the State
approving agency, shall take an action described in paragraph
(4)(A) if the State approving agency, the Secretary, or any
Federal agency, determines that an educational institution, or
any person with whom the institution has an agreement to
provide educational programs, marketing, advertising,
recruiting or admissions services, does any of the following:
(A) Carries out deceptive or persistent recruiting
techniques, including on military installations, that
may include--
(i) misrepresentation (as defined in section
3696(e)(2)(B) of this title) or payment of
incentive compensation;
(ii) during any one-month period making three
or more unsolicited contacts to a covered
individual, including contacts by phone, email,
or in-person; or
(iii) engaging in same-day recruitment and
registration.
(B) Provides a commission, bonus, or other incentive
payment based directly or indirectly on success in
securing enrollments or financial aid to any persons or
entities engaged in any student recruiting or admission
activities or in making decisions regarding the award
of student financial assistance, except for the
recruitment of foreign students residing in foreign
countries who are not eligible to receive Federal
student assistance.
(C) In determining whether a violation of
subparagraph (B) has occurred, the State approving
agency, or the Secretary when acting in the place of
the State approving agency, shall construe the
requirements of this paragraph in accordance with the
regulations and guidance prescribed by the Secretary of
Education under section 487(a)(20) of the Higher
Education Act of 1965 (20 U.S.C. 1094(a)(20)).
(3) A State approving agency, or the Secretary when acting in
the role of the State approving agency, shall take an action
described in paragraph (4)(A) if the State approving agency or
the Secretary, when acting in the role of the State approving
agency, determines that an educational institution is the
subject of a negative action made by the accrediting agency
that accredits the institution, including any of the following:
(A) Accreditor sanctions.
(B) Accreditation probation.
(C) The loss of accreditation or candidacy for
accreditation.
(4)(A) An action described in this subparagraph is any of the
following:
(i) Submitting to the Secretary a recommendation that
the Secretary publish a warning on the internet website
of the Department described in section 3698(c)(2) of
this title, or such other similar internet website of
the Department, that describes how an educational
institution is failing to meet a requirement under
paragraph (1), (2), or (3).
(ii) Suspending the approval of the courses and
programs of education offered by the educational
institution by disapproving new enrollments of eligible
veterans and eligible persons in each course or program
of education offered by that educational institution.
(iii) Revoking the approval of the courses and
programs of education offered by the educational
institution by disapproving all enrollments of eligible
veterans and eligible persons in each course or program
of education offered by that educational institution
(B)(i) The Secretary shall establish guidelines to ensure
that the actions described in subparagraph (A) are applied in a
proportional and uniform manner by State approving agencies, or
the Secretary when acting in the role of the State approving
agency.
(ii) Each State approving agency and the Secretary, when
acting in the role of the State approving agency, shall adhere
to the guidelines established under clause (i).
(C) The State approving agency, in consultation with the
Secretary, or the Secretary when acting in the role of the
State approving agency, may limit an action described in
subparagraph (A)(ii) to individuals not enrolled at the
educational institution before the period described in such
subparagraph.
(5)(A) The Secretary may waive the requirements of paragraph
(1) or waive the requirements of paragraph (2) with respect to
an educational institution for a one-academic-year period
beginning in August of the year in which the waiver is made. A
single educational institution may not receive waivers under
this paragraph for more than 2 consecutive academic years.
(B) To be considered for a waiver under this paragraph, an
educational institution shall submit to the Secretary an
application prior to the first day of the academic year for
which the waiver is sought.
(6) Not later than October 1 of each year, the Secretary
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives the following reports:
(A) A report, which shall be made publicly available,
that includes the following:
(i) A summary of each action described in
paragraph (4)(A) made during the year covered
by the report, including--
(I) the name of the educational
institution;
(II) the type of action taken;
(III) the rationale for the action,
including how the educational
institution was not in compliance with
this subsection;
(IV) the length of time that the
educational institution was not in such
compliance; and
(V) whether the educational
institution was also not in compliance
with this subsection during any of the
2 years prior to the year covered by
the report.
(ii) A summary and justifications for the
waivers made under paragraph (5) during the
year covered by the report, including the total
number of waivers each educational institution
has received.
(B) A report containing the recommendations of the
Secretary with respect to any legislative actions the
Secretary determines appropriate to ensure that this
subsection is carried out in a manner that is
consistent with the requirements that educational
institutions must meet for purposes of other
departments or agencies of the Federal Government.
(7) This subsection shall not apply to an educational
institution--
(A) located in a foreign country; or
(B) that provides to a covered individual consumer
information regarding costs of the program of education
(including financial aid available to such covered
individual) using a form or template developed by the
Secretary of Education.
(8) In this subsection, the term ``covered individual'' means
an individual who is pursuing a course of education at an
educational institution under chapter 30, 31, 32, 33, or 35 of
this title, or chapter 1606 or 1607 of title 10.
SUBCHAPTER III--MISCELLANEOUS PROVISIONS
* * * * * * *
Sec. 3680A. Disapproval of enrollment in certain courses
(a) The Secretary shall not approve the enrollment of an
eligible veteran in any of the following:
(1) Any bartending course or personality development
course.
(2) Any sales or sales management course which does
not provide specialized training within a specific
vocational field.
(3) Any type of course which the Secretary finds to
be avocational or recreational in character (or the
advertising for which the Secretary finds contains
significant avocational or recreational themes) unless
the veteran submits justification showing that the
course will be of bona fide use in the pursuit of the
veteran's present or contemplated business or
occupation.
(4) Any independent study program except an
independent study program (including such a program
taken over open circuit television) that--
(A) is accredited by an accrediting agency or
association recognized by the Secretary of
Education under subpart 2 of part H of title IV
of the Higher Education Act of 1965 (20 U.S.C.
1099b);
(B) leads to--
(i) a standard college degree;
(ii) a certificate that reflects
educational attainment offered by an
institution of higher learning; or
(iii) a certificate that reflects
completion of a course of study offered
by--
(I) an area career and
technical education school (as
defined in subparagraphs (C)
and (D) of section 3(3) of the
Carl D. Perkins Career and
Technical Education Act of 2006
(20 U.S.C. 2302(3))) that
provides education at the
postsecondary level; or
(II) a postsecondary
vocational institution (as
defined in section 102(c) of
the Higher Education Act of
1965 (20 U.S.C. 1002(c))) that
provides education at the
postsecondary level; and
(C) in the case of a program described in
subparagraph (B)(iii)--
(i) provides training aligned with
the requirements of employers in the
State or local area where the program
is located, which may include in-demand
industry sectors or occupations; and
(ii) provides a student, upon
completion of the program, with a
recognized postsecondary credential
that is recognized by employers in the
relevant industry, which may include a
credential recognized by industry or
sector partnerships in the State or
local area where the industry is
located; and
(iii) meets such content and
instructional standards as may be
required to comply with the criteria
under [section 3676(c)(14) and (15)]
section 3676(c)(15) and (16) of this
title.
(b) Except to the extent otherwise specifically provided in
this title or chapter 106 of title 10, the Secretary shall not
approve the enrollment of an eligible veteran in any course of
flight training other than one given by an educational
institution of higher learning for credit toward a standard
college degree the eligible veteran is seeking.
(c) The Secretary shall not approve the enrollment of an
eligible veteran in any course to be pursued by radio.
(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).
(e) The Secretary may not approve the enrollment of an
eligible veteran in a course not leading to a standard college
degree offered by a proprietary profit or proprietary nonprofit
educational institution if--
(1) the educational institution has been operating
for less than two years;
(2) the course is offered at a branch of the
educational institution and the branch has been
operating for less than two years; or
(3) following either a change in ownership or a
complete move outside its original general locality,
the educational institution does not retain
substantially the same faculty, student body, and
courses as before the change in ownership or the move
outside the general locality (as determined in
accordance with regulations the Secretary shall
prescribe) unless the educational institution following
such change or move has been in operation for at least
two years.
(f)(1) Except as provided in paragraph (2), the Secretary may
not approve the enrollment of an eligible veteran in a course
as a part of a program of education offered by an educational
institution if the course is provided under contract by another
educational institution or entity and--
(A) the Secretary would be barred under subsection
(e) from approving the enrollment of an eligible
veteran in the course of the educational institution or
entity providing the course under contract; or
(B) the educational institution or entity providing
the course under contract has not obtained approval for
the course under this chapter.
(2)(A) In the case of a covered study-abroad course, the
Secretary may approve the course for a period of not more than
five years, if the contract or other written agreement under
which the course is offered provides that--
(i) the educational institution that offers a course
that is approved under this chapter agrees--
(I) to assume responsibility for the quality
and content of the covered study-abroad course;
and
(II) to serve as the certifying official for
the course for purposes of this chapter; and
(ii) the educational institution that offers the
covered study-abroad course agrees to seek the approval
of the course under this chapter by not later than five
years after the date of the agreement.
(B) In this paragraph, the term ``covered study-abroad
course'' means a course that--
(i) is provided as a part of a program of education
offered by an educational institution under a contract
or other written agreement by another educational
institution that offers a course that is approved under
this chapter;
(ii) is provided at a location in a foreign country;
and
(iii) has not been approved under this chapter.
(g) Notwithstanding subsections (e) and (f)(1), the Secretary
may approve the enrollment of an eligible veteran in a course
approved under this chapter if the course is offered by an
educational institution under contract with the Department of
Defense or the Department of Homeland Security and is given on
or immediately adjacent to a military base, Coast Guard
station, National Guard facility, or facility of the Selected
Reserve.
(h) In this section, the terms ``State or local area'',
``recognized postsecondary credential'', ``industry or sector
partnership'', and ``in-demand industry sector or occupation''
have the meaning given such terms in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
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