Sec. 3. AMENDMENTS TO REQUIREMENTS FOR EDUCATIONAL INSTITUTIONS PARTICIPATING IN THE EDUCATIONAL ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS
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## SEC. 3 AMENDMENTS TO REQUIREMENTS FOR EDUCATIONAL INSTITUTIONS PARTICIPATING IN THE EDUCATIONAL ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS ###
(a)Waiver of Verification of Enrollment for Certain Educational Institutions Section 3313(l) of title 38, United States Code, is amended by adding at the end the following new paragraph: > > #### “(4) Waiver > > The Secretary may waive the requirements of this subsection for an educational institution that the Secretary has determined uses a flat tuition and fee structure that would make the use of a second verification under this subsection unnecessary.” > . ###
(b)Limitations on Authority to Disapprove of Courses ####
(1)In general Subsection
(f)of section 3679 of title 38, United States Code, is amended— #####
(A)in paragraph (2)(B)— ######
(i)by inserting “, except for the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance” after “assistance”; and ######
(ii)by adding at the end the following new subparagraph: > > ##### “(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)).” > ; #####
(B)by redesignating paragraph
(7)as paragraph (8); and #####
(C)by inserting after paragraph
(6)the following new paragraph (7): > > #### “(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.” > . ####
(2)Application date **[**[38 U.S.C. 3679 note](/us/usc/t38/s3679)**]** The Secretary of Veterans Affairs may not carry out subsection
(f)of section 3679 of title 38, United States Code, until August 1, 2022, except that, beginning on June 15, 2022, an educational institution may submit an application for a waiver under paragraph
(5)of such subsection. ####
(3)Conforming amendments Subsection
(c)of section 3696 of such title is amended— #####
(A)by inserting “(1)” before “An educational”; #####
(B)by inserting “, except for the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance” after “assistance”; and #####
(C)by adding at the end the following new paragraph: > > #### “(2) > > In determining whether a violation of paragraph
(1)has occurred, the Under Secretary for Benefits 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)).” > . ###
(c)Exemption of Foreign Schools From Certain Requirements ####
(1)Information relating to tests Section 3689(c) of title 38, United States Code, is amended by adding at the end the following new paragraph: > > #### “(3) > > Subparagraph
(G)of paragraph
(1)shall not apply with respect to an educational institution located in a foreign country.” > . ####
(2)Examination of records Section 3690(c) of title 38, United States Code, is amended— #####
(A)by striking “Notwithstanding” and inserting “(1) Except as provided in paragraph (2), notwithstanding”; and #####
(B)by adding at the end the following new paragraph: > > #### “(2) > > Paragraph
(1)does not apply to the records and accounts— > > > ##### “(A) > > of an educational institution located in a foreign country; and > > > ##### “(B) > > that pertain to an individual who is not receiving educational assistance under this chapter.” > .
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Sec. 3
AMENDMENTS TO REQUIREMENTS FOR EDUCATIONAL INSTITUTIONS PARTICIPATING IN THE EDUCATIONAL ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS
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