[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1767 Engrossed in House (EH)]
<DOC>
118th CONGRESS
2d Session
H. R. 1767
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to provide that educational
assistance paid under Department of Veterans Affairs educational
assistance programs to an individual who pursued a program or course of
education that was suspended or terminated for certain reasons shall
not be charged against the entitlement of the individual, 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 ``Student Veteran Benefit Restoration
Act''.
SEC. 2. TREATMENT BY DEPARTMENT OF VETERANS AFFAIRS OF EDUCATIONAL
INSTITUTIONS THAT VIOLATE CERTAIN PROHIBITIONS ON
ADVERTISING, SALES, AND ENROLLMENT PRACTICES.
(a) Restoration of Entitlement.--Section 3696 of title 38, United
States Code, is amended--
(1) by redesignating subsections (i) through (l) as
subsections (j) through (m), respectively; and
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Restoration of Entitlement.--Upon a final determination by
the Under Secretary for Benefits under subsection (g), including the
results of any appeal under subsection (i), that an educational
institution or the owner of an educational institution violated
subsection (a), (c), or (d), the Secretary may determine that any
payment of educational assistance to an individual who used, or was
enticed to use, entitlement to educational assistance under chapter 30,
31, 32, 33, or 35 of this title, or chapter 1606 or 1607 of title 10,
to pursue a course or program of education at such educational
institution during the time period when the violation occurred, and
who, by reason of such violation, was unable to continue such course or
program at such educational institution or was deprived (in the
determination of the Secretary) of the expected value of such used
entitlement, is not--
``(1) charged against any entitlement to educational
assistance of the individual; or
``(2) counted against the aggregate period for which
section 3695 of this title limits the receipt of educational
assistance by such individual.''.
(b) Repayment of Funds.--
(1) In general.--Subsection (h) of such section is
amended--
(A) in paragraph (4), by striking ``subsection
(i)'' and inserting ``subsection (j)''; and
(B) by adding at the end the following new
paragraph:
``(5)(A) In addition to any other enforcement action taken under
this subsection, upon a final determination by the Under Secretary for
Benefits under subsection (g) that an educational institution or the
owner of an educational institution violated subsection (a) or (c), the
Secretary shall require the educational institution to repay to the
Secretary all amounts of educational assistance under chapter 30, 31,
32, 33, or 35 of this title, or chapter 1606 or 1607 of title 10, paid
to the educational institution by or on behalf of an individual who
pursued a course or program of education at the educational institution
during the time period when the violation occurred.
``(B) As a condition of the approval of a course or program of
education under this chapter, the educational institution offering the
course or program shall agree that if Under Secretary of Benefits makes
a final determination under subsection (g) that the educational
institution or the owner of the educational institution violated
subsection (a) or (c), the educational institution shall make the
repayment required under subparagraph (A).
``(C) The Under Secretary shall establish a process for making a
determination regarding the amount an educational institution or an
owner of an educational institution is required to repay under
subparagraph (A) in the case of a violation of subsection (a) or (c).
Such process shall include--
``(i) clearly defined factors to be used to determine the
amount attributable to the violation, including the degree to
which individuals enrolled in a program of education offered by
the educational institution using entitlement to educational
assistance under chapter 30, 31, 32, 33, or 35 of this title or
chapter 1606 or 1607 of title 10 suffered a loss due to the
violation;
``(ii) a requirement that the Under Secretary provide
notice to the educational institution or the owner of the
educational institution that the Under Secretary is in the
process of making such a determination with respect to the
educational institution or owner; and
``(iii) a procedure under which the educational institution
or owner may provide such information to the Under Secretary as
the educational institution or owner determines appropriate
within a specified period of time outlined by the Secretary for
purposes of informing such determination.
``(D) A determination made pursuant to subparagraph (C) shall be--
``(i) made by the Under Secretary and may not be delegated;
and
``(ii) subject to review under section 7104(a) of this
title.''.
(2) Disapproval.--Section 3679 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(g) Notwithstanding any other provision of this chapter, in the
case of an educational institution that the Secretary determines is
required to repay to the Secretary an amount under section 3696(h)(5)
of this title and does not repay such amount, the Secretary shall
disapprove a course or program of education offered by the educational
institution until the educational institution repays to the Secretary
such amount.''.
(3) Reinstatement.--Paragraph (2) of subsection (k) of
section 3696, as redesignated by subsection (a)(1), is
amended--
(A) in subparagraph (E)--
(i) by striking ``that''; and
(ii) by striking ``and'' at the end;
(B) by redesignating subparagraph (F) as
subparagraph (G); and
(C) by inserting after subparagraph (E) the
following new subparagraph (F):
``(F) the educational institution repays any amount
required to be repaid under subsection (h)(5); and''.
SEC. 3. MODIFICATION OF CERTAIN HOUSING LOAN FEES.
The loan fee table in section 3729(b)(2) of title 38, United States
Code, is amended by striking ``November 15, 2031'' each place it
appears and inserting ``November 29, 2031''.
Passed the House of Representatives April 30, 2024.
Attest:
Clerk.
118th CONGRESS
2d Session
H. R. 1767
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to provide that educational
assistance paid under Department of Veterans Affairs educational
assistance programs to an individual who pursued a program or course of
education that was suspended or terminated for certain reasons shall
not be charged against the entitlement of the individual, and for other
purposes.