Ensuring the Best Schools for Veterans Act of 2022 - An Act - SECTION 1 SHORT TITLE

Oct 15, 2026

Ensuring the Best Schools for Veterans Act of 2022 amends title 38 by tightening how the Secretary of Veterans Affairs approves education enrollment for eligible veterans when student charges are largely covered by the institution or the Department. It sets limits based on whether more than 85 percent of enrolled students receive such assistance, adds waiver authority, and establishes a time-bound review process for educational institutions with initial and final decisions by the Under Secretary and the Secretary. It also specifies deadlines, applicability exceptions, and verification requirements for covered institutions.

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CategoryResearch & Report

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Pages4

Reading Time10 min

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SECTION 1. SHORT TITLE

SEC. 2. DETERMINATIONS RELATING TO PERCENTAGE OF STUDENTS WHO RECEIVE EDUCATIONAL ASSISTANCE BY DEPARTMENT OF VETERANS AFFAIRS

(a) IN GENERAL

(d)(1) Approval limit based on 85 percent

(d)(2) Waiver authority

(d)(3) Review process for determinations

(d)(4) Exceptions for certain approved-course mixes and enrollment percentages

(d)(5) Additional exceptions and case-by-case application

PUBLIC LAW 117–174—AUG. 26, 2022 ENSURING THE BEST SCHOOLS FOR VETERANS ACT OF 2022 136 STAT. 2104 PUBLIC LAW 117–174—AUG. 26, 2022 Aug. 26, 2022 [S. 4458] Ensuring the Best Schools for Veterans Act of 2022. 38 USC 101 note. Deadline. Waiver authority. Regulations. Review. Deadline. Applicability. Public Law 117–174 117th Congress An Act To amend title 38, United States Code, to improve the process by which the Secretary of Veterans Affairs determines whether an educational institution meets requirements relating to the percentage of students who receive educational assistance furnished by the Secretary, and for other purposes. 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 EDU CATIONAL 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 PUBLIC LAW 117–174—AUG. 26, 2022 136 STAT. 2105 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 enrollme

FAQs

What is the core approval restriction on veteran enrollment under this Act?

The Secretary may not approve enrollment of an eligible veteran, not already enrolled, in a course during periods when more than 85 percent of enrolled students have tuition, fees, or other charges paid by the educational institution or the Department under the specified authorities.

Does the Act allow waivers to the 85 percent requirement?

Yes. The Secretary may waive the paragraph (1) requirements in whole or in part if it is in the interest of the eligible veteran and the Federal Government, pursuant to regulations.

How can an educational institution challenge a determination that it does not meet the 85 percent-based requirements?

The institution may request a review within 30 days after the term, quarter, or semester starts, submit relevant information including mitigating circumstances, receive an initial decision within 30 days if feasible, and then request that the Secretary review the Under Secretary’s decision to issue a final decision sustaining, modifying, or overturning it.

Oct 15, 2026

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