Veterans-Related Education Legislation
November 3, 2022
Enacted in the 117th Congress
Cassandria Dortch
Veterans’ educational assistance programs provide financial assistance to individuals, whose
Specialist in Education
eligibility is based on their or a family member’s experience in the uniformed services, while
Policy
they are enrolled in approved programs of education. The GI Bills—particularly the Post-9/11 GI

Bill—are the most popular veterans’ educational assistance programs. In FY2022, the U.S.
Department of Veterans Affairs (VA) estimated that over 800,000 participants received $10.2

billion in benefits. Congress and the Biden Administration have considered expanding the
benefits, facilitating benefit use, and reinforcing program integrity. This report describes statutory provisions enacted in the
117th Congress affecting veterans’ educational assistance programs.
The American Rescue Plan Act of 2021 (ARPA; P.L. 117-2)
 establishes a new program, the COVID-19 Veteran Rapid Retraining Assistance Program (VRRAP), for
which it appropriated $386 million; and
 requires that private, for-profit institutions of higher education derive at least 10% of revenues from non-
federal sources in order to participate in student aid programs administered by the Department of Education
(ED), closing the so called 90/10 loophole.
The Training in High-demand Roles to Improve Veteran Employment Act (THRIVE Act; P.L. 117-16)
 prohibits state approving agencies (SAAs) from being administered at a university that offers GI Bill-
approved programs of education;
 requires that SAAs conduct annual risk-based surveys of educational institutions that convert from for-
profit to public status for three years following the conversion;
 amends the actions required of SAAs when educational institutions engage in deceptive recruiting or
enrollment inducements; and
 requires the VA to make additional information available about the characteristics of educational and
training institutions (ETIs) on the GI Bill Comparison Tool.
The Colonel John M. McHugh Tuition Fairness for Survivors Act of 2021 (P.L. 117-68)
 requires that approved programs of education at public institutions of higher learning not charge eligible
Survivors’ and Dependents’ Educational Assistance Program (DEA) participants in excess of the in-state
tuition and fees rate, mirroring requirements for Post-9/11 GI Bill and Montgomery GI Bill-Active Duty
(MGIB-AD) participants; and
 requires that a program of education be disapproved for GI Bill purposes if participants are penalized for
delayed or late DEA payments, mirroring requirements for Post-9/11 GI Bill and Veterans Readiness &
Employment payments.
The Responsible Education Mitigating Options and Technical Extensions Act (REMOTE Act; P.L. 117-76)
 requires that the VA implement prohibitions on ETIs providing commissions or incentive compensation for
enrolling students or the financial aid received by enrolled students, in accordance with practices delineated
in U.S. Department of Education (ED) regulations and guidance;
 allows educational institutions to either provide the consumer information disclosures required in 38
U.S.C., Section 3698(c) or provide similar information using a template developed by ED;
 excludes the application of some program of education approval criteria to foreign students who are not
receiving GI Bill benefits and to foreign institutions;
 allows the VA to streamline the enrollment certification process for educational institutions on a flat-rate
tuition and fee structure;
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Veterans-Related Education Legislation Enacted in the 117th Congress

 codifies the VA policy of rounding out, by which GI Bill participants may achieve a full-time course load
in a participant’s last term of a program of education by enrolling in courses that are not required to
complete the program; and
 extended special authorities enacted to reduce educational and benefit disruptions related to the COVID-19
emergency to June 1, 2022.
The National Defense Authorization Act for Fiscal Year 2022 (P.L. 117-81) permits individuals enrolled at least half-time to
receive Montgomery GI Bill-Selected Reserve (MGIB-SR) and Department of Defense (DOD) Tuition Assistance (TA)
concurrently and through TA Top Up. Similar authority was available under the Post-9/11 GI Bill and MGIB-AD.
The Consolidated Appropriations Act of 2022 (P.L. 117-103) increases funding for the Veteran Employment Through
Technology Education Courses Pilot (VET TEC) from $45 million to $125 million in FY2022.
The Ensuring the Best Schools for Veterans Act of 2022 (P.L. 117-174) modifies the 85-15 rule, which generally requires
that no more than 85% of students in a program of education receive assistance from the VA or institution.
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Introduction
The U.S. Department of Veterans Affairs (VA) administers several veterans’ educational
assistance programs for servicemembers and veterans and their family members.1 The GI Bills2
are the most well-known and popular veterans’ educational assistance programs. The VA
estimated that it provided $10.2 billion in benefits to over 800,000 participants in FY2022.3 The
largest program, the Post-9/11 GI Bill, is estimated to account for approximately 82% of benefits
and 69% of participants.4
In recent years, Congress has held several oversight and legislative hearings on a variety of
subjects relating to the veterans’ education programs, including (but not limited to), improving
access and eligibility to benefits, automating claims processing to reduce payment delays,
educating eligible individuals about their benefits and choices, and trying to ensure benefits are
not wasted on poor quality programs of education.5
This report discusses measures enacted in the 117th Congress that made changes to the veterans’
educational assistance programs (see Table 1 below for the full list). Some of the laws that
enacted veterans’ educational assistance measures address only veterans’ education, while others
address a broader set of policies. The report presents a thematic discussion of the primary changes
adopted by offering contextual information on prior provisions and issues being addressed by
amendments and by describing the amendments.
Table 1. Enacted Laws with Provisions Affecting Veterans’ Educational Assistance
Programs: 117th Congress
Public Law
Title and Acronym
Enactment Date
P.L. 117-2
American Rescue Plan Act of 2021 (ARPA)a
March 11, 2021
P.L. 117-16
Training in High-demand Roles to Improve
June 8, 2021
Veteran Employment Act (THRIVE Act)
P.L. 117-68
Colonel John M. McHugh Tuition Fairness for
November 30, 2021
Survivors Act of 2021
P.L. 117-76
Responsible Education Mitigating Options and
December 21, 2021
Technical Extensions Act (REMOTE Act)
P.L. 117-81
National Defense Authorization Act for Fiscal
December 27, 2021
Year 2022
P.L. 117-103
Consolidated Appropriations Act, 2022
March 15, 2022
P.L. 117-138
Veterans Rapid Retraining Assistance Program
June 7, 2022
Restoration and Recovery Act of 2022

1 For a description of the veterans’ educational assistance programs, see CRS Report R42785, Veterans’ Educational
Assistance Programs and Benefits: A Primer.
2 GI Bill is a registered trademark of the U.S. Department of Veterans Affairs (VA).
3 U.S. Department of Veterans Affairs, FY2023 Budget Submission, pp. VBA-191 to VBA-192. The number of
participants is not an unduplicated count.
4 Ibid. The number of participants is not an unduplicated count.
5 See, for example, U.S. Congress, House Committee on Veterans’ Affairs, Subcommittee on Economic Opportunity,
Hearing: Modernizing Veteran Education in the Shadow of COVID-19, 117th Cong., 2nd sess., July 20, 2022; and U.S.
Congress, Senate Committee on Veterans’ Affairs, Hearing to Consider Pending Legislation, 117th Cong., 2nd sess.,
July 13, 2022.
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Public Law
Title and Acronym
Enactment Date
P.L. 117-174
Ensuring the Best Schools for Veterans Act of
August 26, 2022
2022
Source: CRS review of legislation enacted in the 117th Congress through October 2022.
a. ARPA was intended to provide COVID-19-related relief and economic stimulus.
The amendments build on or fix measures enacted in earlier Congresses and address policy issues
that have not been previously addressed. The key laws enacted prior to the 117th Congress and
referenced in this report are the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and
Benefits Improvement Act of 2020 (P.L. 116-315)6 and the Harry W. Colmery Veterans
Educational Assistance Act of 2017 (Forever GI Bill; P.L. 115-48).7 In the 117th Congress,
 additional funding is provided for a previously established pilot program that
provides educational assistance to veterans pursuing high-technology, computer-
related programs of education;
 amendments establish a new temporary benefit program in response to the
COVID-19 emergency;
 several provisions modify the criteria and processes used to approve programs of
education for GI Bill purposes in an effort to ensure the quality of such programs;
 amendments expand benefits to participants of the Survivors’ and Dependents’
Educational Assistance (DEA) and Montgomery GI Bill-Selected Reserve
(MGIB-SR) programs that duplicate benefits provided to Post-9/11 GI Bill
participants;
 amendments intend to improve the information available regarding approved
programs of education to prospective and current GI Bill participants;
 several amendments exempt foreign institutions and/or foreign students from
specified statutory requirements when they are not considered to affect the
integrity of the GI Bill programs;
 additional provisions make changes to specific aspects of the process by which
GI Bill participants receive benefit payments;
 an amendment extends special authorities enacted in response to the COVID-19
emergency; and
 a provision incorporates the veterans’ educational assistance programs into the
accountability system for the U.S. Department of Education’s (ED’s) federal
student aid programs.
New and Additional Funding for Temporary
Programs
Annual appropriations acts generally provide advanced mandatory funding for the veterans’
educational assistance programs based on expected eligibility and participation. During the 117th

6 For a brief summary of P.L. 116-315, see CRS In Focus IF11970, GI Bill Amendments Enacted in the 116th
Congress: Non-COVID-19-Related.
7 For a detailed summary of P.L. 115-48, see CRS Report R45205, Harry W. Colmery Veterans Educational Assistance
Act of 2017 (P.L. 115-48).
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Congress, a new program, the COVID-19 Veteran Rapid Retraining Assistance Program
(VRRAP), was established with dedicated funding, and additional funding was provided for a
previously funded program, the Veteran Employment Through Technology Education Courses
Pilot (VET TEC).
COVID-19 Veteran Rapid Retraining Assistance Program
To support the training of veterans unemployed as a consequence of the COVID-19 emergency,
P.L. 117-2, as amended by P.L. 117-16 and P.L. 117-138, established VRRAP and appropriated
$386 million for it.8 VRRAP is limited to training no more than 17,250 eligible veterans who
begin the training before December 11, 2022. Among the eligibility criteria, a veteran must be
unemployed due to the COVID-19 emergency, must be ineligible for a GI Bill,9 and must not be
receiving other unemployment or job assistance. VRRAP provides tuition and fees and a housing
stipend for up to 12 months for the pursuit of either a program of education that is below the
baccalaureate degree level and leads to a high-demand occupation, or a qualified nondegree
program in computer or information sciences. To help VRRAP participants find employment, the
VA must enter into a memorandum of understanding with a nonprofit organization(s) that
provides job placement services. The VA and the Government Accountability Office (GAO) must
report on the outcomes and effectiveness of the program to the committees on veterans’ affairs.
Interest in VRRAP among eligible individuals, program completions, and employment outcomes
have been lower than expected.10 Training provider participation has also been lower than
expected, possibly because the VA must withhold 25% of tuition and fees payments from such
providers until participants complete the program and another 25% until participants secure
related employment. It is likely that veteran participation is below the threshold limit because of
lower than expected training provider participation, which reduces choices for locations and
programs, and potentially because veteran unemployment declined from 5.0% in March 2021 to
2.4% in August 2022.11 The VA continues to advertise and promote the program.12

8 For more information, see the “COVID-19 Veteran Rapid Retraining Assistance Program (VRRAP)” section in CRS
Report R42785, Veterans’ Educational Assistance Programs and Benefits: A Primer.
9 A veteran who has transferred all of their remaining Post-9/11 GI Bill entitlement is considered ineligible for the Post-
9/11 GI Bill.
10 As of June 27, 2022, the VA had received 21,832 applications, approved 14,776 veterans for VRRAP, and allocated
$182.9 million to 6,425 participants. As of July 20, 2022, 1,607 veterans had completed their programs while using
VRRAP benefits and 333 had been employed. See U.S. Congress, House Committee on Veterans’ Affairs,
Subcommittee on Economic Opportunity, Modernizing Veteran Education in the Shadow of COVID-19, Testimony of
Mr. Ronald S. Burke, Deputy Under Secretary, Office of Policy and Oversight, Veterans Benefits Administration, U.S.
Department of Veterans Affairs, 117th Cong., 2nd sess., July 20, 2022.
11 U.S. Congress, House Committee on Veterans’ Affairs, Subcommittee on Economic Opportunity, Modernizing
Veteran Education in the Shadow of COVID-19, Testimony of Mr. Ronald S. Burke, Deputy Under Secretary, Office of
Policy and Oversight, Veterans Benefits Administration, U.S. Department of Veterans Affairs, 117th Cong., 2nd sess.,
July 20, 2022; and U.S. Bureau of Labor Statistics, “Unemployment rates for people 18 years and older by veteran
status, period of service, and sex, not seasonally adjusted,” press release, accessed on September 8, 2022,
https://www.bls.gov/charts/employment-situation/unemployment-rates-for-persons-18-years-and-older-by-veteran-
status.htm.
12 See, for example, U.S. Department of Veterans Affairs, YouTube channel, Veteran Rapid Retraining Assistance
Program (VRRAP); https://www.youtube.com/watch?v=wTle1WzB_Qc.
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Veteran Employment Through Technology Education Courses Pilot
Although the GI Bills may be used for a wide variety of programs of education, some programs
that lead to high-technology, computer-related jobs do not meet the GI Bill approval criteria for
programs of education. In response to this potential discrepancy, P.L. 115-48, as amended,
required the VA to implement a five-year pilot program providing eligible veterans and
servicemembers the opportunity to enroll in such high-technology programs of education. The
pilot program, VET TEC, received an appropriation of $15 million for each fiscal year during
which the VA implements the pilot program.13
VET TEC was launched in 2019. Because of high participation, FY2020 funding was fully
allocated to participants by May 2020, and FY2021 funding, available on October 1, 2020, was
fully allocated within 30 days.14 P.L. 116-315 increased VET TEC’s annual funding to $45
million starting in FY2021 and expanded eligibility. FY2021 funding was fully allocated to
participants by August 2021.15 P.L. 117-103 increased funding to $125 million in FY2022 but
maintained the FY2023 and FY2024 funding levels at $45 million each.
As of June 1, 2022, the VA had received over 65,000 applications for VET TEC, approved
43,968, and funded 7,550 participants.16 The average benefit per participant was $14,300 in
FY2021.17 Of the 6,159 students who completed their VET TEC participation, 5,020 completed
training and 2,325 secured meaningful employment within 180 days of training completion.
Meaningful employment is employment or promotion in a career intended by the program of
study, or self-employment for students who own/operate a business utilizing skills from their
program of study.18 The average salary of completers with meaningful employment was nearly
$61,000.19
Processes for Approving Programs of Education for
GI Bill Purposes
In the last several years, thousands of GI Bill participants have used their education entitlement
for programs of education that did not prepare them for the intended objective or did not provide
credits that could be transferred to other educational institutions for further education.20 As a

13 For more information, see the “High Technology Pilot Program” section in CRS Report R42785, Veterans’
Educational Assistance Programs and Benefits: A Primer.
14 U.S. Department of Veterans Affairs, “VET TEC’s funding is exhausted,” press release, May 12, 2020,
https://benefits.va.gov/gibill/; and U.S. Department of Veterans Affairs, Harry W. Colmery Veterans Educational
Assistance Act of 2017, Section 116 Update, August 10, 2021.
15 U.S. Department of Veterans Affairs, Harry W. Colmery Veterans Educational Assistance Act of 2017, Section 116
Update, August 2022.
16 Ibid.
17 U.S. Department of Veterans Affairs, FY2023 Budget Submission, p. VBA-192.
18 U.S. Department of Veterans Affairs, Veteran Employment Through Technology Education Courses (VET TEC)
Pilot Program Training Provider Application, VA FORM 22-0997, July 2018.
19 U.S. Department of Veterans Affairs, Harry W. Colmery Veterans Educational Assistance Act of 2017, Section 116
Update, August 2022.
20 From 2017 to 2020, GI Bill entitlement was restored for approximately 2,000 veterans because they were unable to
complete their program of education due to the educational institution closing and them not receiving credit for lost
training time toward completion of the program of education; see Benjamin Krause, “Is VA Playing Fair Denying
Forever GI Bill Restoration Requests?,” DisabledVeterans.org, January 14, 2020. For an example of an approved
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consequence, Congress and the Biden Administration have enacted additional and more clearly
defined standards for approving programs of education for GI Bill purposes to try to ensure
benefits are used for quality training and education.
Location of State Approving Agencies
Individuals may only receive GI Bill benefits while pursuing GI Bill-approved programs of
education. The VA contracts with state approving agencies (SAAs) to approve and review prior
approvals of many programs of education to ensure they meet statutory and regulatory
requirements for approval.
P.L. 116-315, as amended by P.L. 117-16, prohibits SAAs from being administered at, or co-
located with, a university or university system that offers programs of education that are subject
to GI Bill approval. The prohibition went into effect June 8, 2022.
Educational Institutions that Convert from For-Profit Status
Since the 1950s, federal laws have been enacted that are specifically intended to ensure students
do not receive federal educational assistance for the pursuit of poor quality education at for-profit
educational and training institutions (ETIs).21 In recent years, several for-profit colleges have
converted to nonprofit status. The Internal Revenue Service (IRS) has a process and criteria for
recognizing these conversions and providing such colleges with tax-exempt status. Likewise, ED
has a process and requirements for recognizing such conversions for purposes of IHE
participation in HEA Title IV aid programs. GAO has determined that these conversions may
pose a risk for taxpayers because
 some former owners or their family members, executives, or board members may
continue to play a role after the conversion and use their influence to improperly
benefit themselves financially at the expense of the college’s nonprofit mission;
and
 the conversion exempts the college from additional federal oversight and
accountability such as under ED’s 90/10 rule.22
In addition, GAO found that both the IRS and ED need to bolster their processes to ensure
conversions initially meet and continue to meet their criteria and requirements to ensure the
integrity of their respective systems.
P.L. 116-315 required that SAAs, or the VA when acting as an SAA, conduct annual risk-based
surveys of educational institutions that convert from for-profit to nonprofit status for three years
following the conversion. Risk-based surveys assess various legislative and VA-determined risk
factors to try to ensure that ETIs meet GI Bill statutory and regulatory provisions.

program of education that did not prepare participants for the intended objective, see The United States Attorney’s
Office, Northern District of Texas, “For-Profit Trade School Sentenced to Nearly 20 Years for Defrauding VA, Student
Veterans,” press release, September 22, 2021.
21 See, for example, Sections 2 and 5 of the Veterans’ Education and Training Amendments of 1950 (P.L. 81-610).
ETIs are educational institutions (e.g., secondary schools and colleges) and training establishments (e.g., providers of
on-the-job training).
22 U.S. Government Accountability Office (GAO), Higher Education: IRS and Education Could Better Address Risks
Associated with For-Profit College Conversions, GAO-21-500T, April 20, 2021.
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P.L. 117-16 expanded the requirement to for-profit institutions converting to public status. Both
provisions went into effect January 5, 2021.
Exemptions for Foreign Institutions and/or Foreign Students
Some of the standards required of ETIs and test providers to offer GI Bill-approved programs of
education were considered to unnecessarily limit foreign schools and affect treatment of foreign
students in domestic schools without increasing GI Bill oversight and integrity.23 In addition, it
was recognized that some of the GI Bill standards could leverage existing institutional eligibility
requirements for Higher Education Act (HEA) Title IV-participating institutions where applicable.
Misleading Advertising and Enrollment Practices
Beginning in 1952 and until P.L. 116-315 became effective in August 2021, programs of
education were disapproved for GI Bill purposes if they were offered by an educational institution
that utilized advertising, sales, or enrollment practices of any type that were determined to be
erroneous, deceptive, or misleading by the findings and results of a Federal Trade Commission
(FTC) investigation.24 The VA and SAAs were required to wait until an institution was formally
charged before moving forward with disapproval.25
Since 1992, an HEA statutory provision has required that a Title IV-participating IHE not provide
any commission or incentive compensation to persons or entities based directly or indirectly on
their success in enrolling students or the enrolled students’ obtaining financial aid.26 The HEA
permits IHEs to provide incentive compensation to individuals for the recruitment of foreign
students who are ineligible to receive federal student assistance. ED regulations and guidance
further distinguish activities that are and are not banned as they relate to enrollment commissions
and incentive compensation.27
VA Action
P.L. 116-315 clarified the prohibited advertising, sales, and enrollment practices for GI Bill
purposes and established an adjudicatory process for the VA to investigate suspected practices and
take action.28 The clarification included the same statutory text as an HEA provision regarding
enrollment commissions and incentive compensation for educational institutions with GI Bill-
approved programs of education, except that it did not provide the exemption for recruiting
foreign students.29 The P.L. 116-315 amendments took effect on August 1, 2021. Some observers

23 JD Supra, “New veterans education law reinstates foreign student recruitment carve-out to incentive payment ban,”
press release, December 24, 2021.
24 P.L. 82-550 only applied the requirement to nonaccredited courses. P.L. 93-508 extended the requirement to all
courses.
25 Rep. Takano, “Protect the GI Bill Act,” Considered under suspension of the rules, Congressional Record, vol. 165,
part 180 (November 12, 2019), p. H8751.
26 HEA §487(a)(20).
27 34 C.F.R. §668.14(22). For a detailed list of activities covered by the incentive compensation prohibition, see U.S.
Department of Education, 2017-2018 Federal Student Aid Handbook, vol. 2, pp. 59-62, Tables 1-3; and U.S.
Department of Education, “Higher Education: Program Integrity Questions and Answers—Incentive Compensation,”
http://www2.ed.gov/policy/highered/reg/hearulemaking/2009/compensation.html.
28 38 U.S.C. §3696.
29 38 U.S.C. §3696(c).
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were concerned that domestic educational institutions would be unable to recruit foreign students
and promote enrollment diversity.30
P.L. 117-76 established the exemption for recruiting foreign students. P.L. 117-76 further requires
that the VA implement the prohibition on commissions and incentive compensation in accordance
with ED’s regulations and guidance. The P.L. 117-76 amendments went into effect on December
21, 2021.
SAA Action
Also under amendments adopted through P.L. 116-315, SAAs, or the VA when acting as an SAA,
were required to take action against educational institutions that carry out deceptive or persistent
recruiting techniques or pay inducements to any individual, entity, or agent for securing
enrollments of GI Bill participants or obtaining access to GI Bill benefits.31 The action may result
in either providing warning to GI Bill participants or disapproval of the programs offered by these
institutions. The Secretary may waive the requirement for an SAA to take action toward an
educational institution for one academic year but no more than two consecutive academic years.
The requirement was intended to be applicable beginning on August 1, 2021.
In June 2021, P.L. 117-16 amended the P.L. 116-315 requirement for SAAs to take action with
respect to deceptive recruiting and enrollment inducements. Under these amendments,
 an entity under an agreement with the educational institution cannot engage in
such prohibited practices in the same way that the law previously prohibited the
institution from engaging in such prohibited practices;
 prohibited commissions, bonuses, and other incentive payments used by
educational institutions to secure enrollments or financial aid are redefined; and
 three SAA actions become available: providing a warning to GI Bill participants,
suspending new program enrollments, or disapproving all program enrollments.
P.L. 117-76 further amended provisions enacted through P.L. 116-315, as amended by P.L. 117-
16. The amendments enacted through P.L. 117-76 exempt certain practices and institutions from
adverse SAA actions. Specifically,
 educational institutions may provide commissions, bonuses, or other incentive
payments to recruit foreign students without threat of adverse action;
 educational institutions located in a foreign country are exempt from SAA action
for using deceptive or persistent recruiting techniques or enrollment incentives;
and
 educational institutions that use a template developed by ED to provide GI Bill
participants with consumer information regarding program costs and available
financial aid are exempt from SAA action for using deceptive or persistent
recruiting techniques or enrollment incentives.
In addition, provisions adopted through P.L. 117-76 require that the SAA implement the
prohibition on commissions and incentive compensation in accordance with ED’s regulations and
guidance. P.L. 117-76 also delayed implementation of the P.L. 116-315 requirements regarding

30 Congressman David Trone, “Responsible Education Mitigating Options and Technical Extensions (REMOTE) Act,”
press release, December 8, 2021, http://trone.house.gov/wp-content/uploads/2021/10/REMOTE-Act-One-Pager.pdf.
31 38 U.S.C. §3679(f)(2).
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deceptive recruiting and enrollment inducements until August 1, 2022. The VA implemented the
exemption for foreign institutions upon enactment.32
Approval Requirements for Licensing and Certification Testing
Prior to P.L. 117-76, statutory provisions established requirements for the approval of licensing
and certification tests. One requirement was that the entity offering the test agree to give the VA,
upon request, the test fee amount, results, and personal identifying information of any candidate
who applies for reimbursement from VA for a test fee.33 In addition, the Application for
Reimbursement of Licensing or Certification Test Fees (VA Form 22-0803) requires that
applicants authorize the release of their test information to the VA and include a copy of their test
results.
P.L. 117-76 made the above requirement inapplicable to an educational institution located in a
foreign country. The amendment went into effect upon enactment.
Compliance Surveys
The VA and SAAs conduct compliance surveys to try to prevent deficiencies and violations of GI
Bill statutory provisions, as well as to identify them and make corrections when they are found.
Prior to P.L. 117-76, ETIs were required to make records of progress and training, tuition and
charges, and other records available upon request by an SAA or the VA in order to monitor the
school’s compliance.34
P.L. 117-76 eliminated the requirement for educational institutions located in foreign countries to
provide records that pertain to a non-GI Bill participant.35 This change went into effect upon
enactment.
DEA Advantages that Duplicate Post-9/11 GI Bill Advantages
Educational institutions are required to provide certain advantages to eligible Post-9/11 GI Bill
participants. P.L. 117-68 extended two of these advantages to participants in the DEA. DEA is a
GI Bill program that provides educational assistance to the eligible children and spouses of
veterans and servicemembers who die in the line of duty; are missing, captured, or detained while
in the line of duty; are receiving treatment for a service-connected permanent and total disability
that will likely result in discharge; are permanently and totally disabled due to a service-
connected disability; or died while on active duty or as a result of a service-connected disability.36

32 Letter from Foreign Program Approvals Team, U.S. Department of Veterans Affairs to School Certifying Official,
Subject: United States Department of Veterans Affairs (VA) – P.L. 117-76, Responsible Education Mitigating Options
and Technical Extensions (REMOTE) Act of 2021, January 18, 2021.
33 38 C.F.R. §21.4268(c)(5).
34 38 U.S.C. §3690(c). The Buckley amendment (P.L. 93-380) requires that institutions receiving federal funds
administered by the U.S. Department of Education must obtain the student’s consent to release information from school
records. One exception to the law, however, is that information sought in connection with a student’s application for
receipt of financial aid is exempt. It has been determined that school records relating to VA benefits fall into the
“financial aid” category and are therefore exempt from the provisions of the Buckley amendment.
35 Letter from Foreign Program Approvals Team, U.S. Department of Veterans Affairs to School Certifying Official,
Subject: United States Department of Veterans Affairs (VA) – P.L. 117-76, Responsible Education Mitigating Options
and Technical Extensions (REMOTE) Act of 2021, January 18, 2021.
36 For more information, see the “Survivors’ and Dependents’ Educational Assistance Program (DEA)” section in CRS
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Required In-State Tuition Charges
For academic terms beginning after July 1, 2015, programs of education at public institutions of
higher learning (IHLs) that charge eligible Post-9/11 GI Bill and MGIB-AD participants in excess
of the in-state tuition and fees rate are disapproved for Post-9/11 GI Bill and MGIB-AD
purposes.37 The requirement was expanded to incorporate eligible Veteran Readiness and
Employment (VR&E) program participants for academic terms beginning after March 1, 2019.38
VR&E is a VA entitlement program that provides job training and other employment-related
services to veterans with service-connected disabilities.39 The public IHL may require the
participant to demonstrate intent to establish residency, by a means other than physical presence,
in order to qualify.
P.L. 117-68 expanded the in-state tuition requirement to incorporate all DEA participants for
academic terms beginning after August 1, 2022.
Delayed or Late GI Bill Payments
The VA has at times been delayed in making GI Bill benefit payments because of inclement
weather, information technology systems issues, high caseload volumes, missing certification
information, and other factors.40 Since August 1, 2019, a program of education is disapproved for
GI Bill purposes if it has a policy penalizing participants—including through related fees or
prohibiting attendance or facilities access—because of delayed or late Post-9/11 GI Bill or VR&E
benefit payments to the institution.41 Programs of education are not subject to disapproval if
participants are penalized when benefit payments are delayed more than 90 days after the date on
which the educational institution certifies tuition and fees following receipt of the student’s
certificate of eligibility.
P.L. 117-68 expanded the penalty prohibitions to incorporate DEA benefit payments for academic
terms beginning after August 1, 2022. Because DEA pays benefits directly to participants and not
the institution, schools do not need to develop a related policy for DEA participants according to
the VA.42

Report R42785, Veterans’ Educational Assistance Programs and Benefits: A Primer.
37 This requirement was initially established by the Veterans Access, Choice and Accountability Act of 2014 (Choice
Act; P.L. 113-146). For details on current Post-9/11 GI Bill and MGIB-AD participant eligibility, see the respective
Benefit Payments sections in CRS Report R42785, Veterans’ Educational Assistance Programs and Benefits: A
Primer.
38 The Department of Veterans Affairs Expiring Authorities Act of 2018 (P.L. 115-251).
39 For more information, see CRS Report RL34627, Veterans’ Benefits: The Veteran Readiness and Employment
Program.
40 See, for example, Jim Absher, “VA Implements Mandatory Overtime to Reduce Huge GI Bill Delay,” Military.com,
October 2, 2018; or Letter from Keith Wilson, Director, Education Service, U.S. Department of Veterans Affairs, to Sir
or Madam, February 8, 2011.
41 See the Veterans Benefits and Transition Act of 2018 (P.L. 115-407). The Secretary may waive the requirement as
appropriate.
42 Letter from U.S. Department of Veterans Affairs, Veterans Benefits Administration to Certifying Officials,
September Office Hours Takeaways – Resources Recap, October 20, 2022.
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85/15 Rule
During implementation of the original GI Bill in the 1940s, some ETIs were created solely to
enroll veterans and profit from the GI Bill without providing quality training.43 In response, the
Korean Conflict GI Bill, enacted by the Veterans’ Readjustment Assistance Act of 1952 (P.L. 82-
550), disapproved GI bill payments for new enrollments of veterans in nonaccredited courses
below the college level offered by a private educational institution if more than 85% of the
enrolled students had all or part of their educational charges paid to or for them by the
educational institution, VR&E, or the GI Bill. The provision is referred to as the 85/15 rule.
Prior to P.L. 117-174, the VA was generally prohibited, unless waivers or exemptions were made,
from paying GI Bill benefits (except DEA) to new enrollments in a program of education in
which over 85% of the full-time equivalent enrollment had all or part of their tuition, fees, and
other charges paid to or for them by the VA or the institution (i.e., supported students). Supported
students included, for example, GI Bill participants and students receiving institutional loans.
Participants enrolled before a program failed the 85/15 rule could remain continuously enrolled
and receive benefits. The following programs were exempt from the 85/15 requirement: farm
cooperative training; flying clubs operating under regulations of the Armed Forces as “non-
appropriated sundry fund activities”; high school (or equivalent) programs; refresher, remedial, or
deficiency courses; eligible programs offered under contract with the Department of Defense
(DOD) or the Department of Homeland Security (DHS); and programs at facilities that do not
assess tuition, fees, or other charges (e.g., on-the-job training). An ETI in which 35% or less of its
total enrollment are GI Bill participants was eligible to apply for a 35% exemption, whereby the
ETI did not need to regularly report its 85/15 calculations to the VA but did need to follow the
85/15 rule.44
Beginning around 2014, the VA increased compliance surveys, particularly of flight training
programs for which veterans were receiving relatively large Post-9/11 GI Bill benefit payments.45
Some of the programs were in violation of the 85/15 rule. As part of the compliance efforts, the
VA began clarifying or modifying its 85/15 rule guidance, especially that related to making
determinations of supported and unsupported students and defining applicable programs of
education. For example, the VA indicated that supported students included those on an
institutional payment plan that, among other criteria, did not explicitly require the students to pay
the balance of outstanding tuition, fees, or other charges by the end of the academic term or
quarter.46 In 2020, the VA intended to require that ETIs reapply biennially for their 35%
exemption by providing, among other information, 85/15 calculations for all programs of
education. The VA delayed implementation of some of the new guidance and the 35% exemption
reapplication following feedback from Congress and ETIs.47 Some ETIs indicated that the new

43 U.S. Congress, Senate Committee on Labor and Public Welfare, Special Subcommittee on Veterans’ Education and
Rehabilitation Benefits, Veterans Readjustment Assistance Act of 1952, Hearing on H.R. 7656, 82nd Cong., 2nd sess.,
June 10-13, and 17, 1952 (Washington, DC: GPO, 1952).
44 U.S. Department of Veterans Affairs, Full-time Equivalency (FTE), accessed on April 13, 2022,
https://benefits.va.gov/GIBILL/85_15/FTE.asp.
45 Alan Zarembo, “U.S. taxpayers stuck with the tab as helicopter flight schools exploit GI Bill loophole,” Los Angeles
Times, March 15, 2015; and U.S. Department of Veterans Affairs, VBA Quarterly Education Service Webinar,
December 3, 2014.
46 U.S. Department of Veterans Affairs, Supported and Non-Supported Students, accessed on April 13, 2022,
https://benefits.va.gov/GIBILL/85_15/FTE.asp.
47 U.S. Department of Veterans Affairs, “Important Update: 85/15 Information in the School Certifying Official
Handbook,” press release, December 16, 2020; U.S. Department of Veterans Affairs, “85/15 Rule Reporting Reset
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guidance and requirements were confusing and onerous and would result in veterans being unable
to enroll.48
P.L. 117-174 was intended to ensure proper oversight of programs of education, not burden
quality ETIs with excessive reporting requirements, and ensure GI Bill participants’ choices of
programs of education are not diminished.49 P.L. 117-174 amends the 85/15 rule such that
 a non-supported student includes one on an institutional 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 academic term or quarter;
 the VA must establish an adjudicatory process by which an educational institution
may appeal a GI Bill payment suspension to the VA Secretary and
Undersecretary within 30 days of the start of the applicable academic term or
quarter when failing a 85/15 determination;
 the list of exempt programs of education is expanded to include those that enroll
fewer than 10 supported students;
 the prior 35% exemption requiring VA approval is eliminated;
 the rule does not apply to any course offered by an ETI at which 35% or less of
the ETI’s total enrollment are GI Bill participants and that offers a majority of
courses approved under 38 U.S.C. Sections 3672 or 3675 (see Table 2);50 and
 the rule does not apply to any course offered by an ETI at which 35% or less of
the ETI’s total enrollment are GI Bill participants and that does not offer a
majority of courses approved under 38 U.S.C. Sections 3672 or 3675 (see Table
2), unless the VA, on a case by case basis, has reason to believe that the
enrollment of VA-supported students may be in excess of 85% of the total student
enrollment in a course.51
P.L. 117-174 went into effect for academic terms beginning on or after August 26, 2022.
In response to P.L. 117-74, the VA has proposed new regulations and provided guidance.52 Under
the guidance, a student on an institutional payment plan is an unsupported student if the payment
plan is publicly available to all students, requires repayment within 180 days of the end of the
academic term or quarter, and is repaid prior to the student enrolling in a subsequent term. The
guidance further states that ETIs are excluded from regularly reporting their 85/15 calculations if

Postponed to October 1,” press release, June 21, 2021; and Letter from Jon Tester, Chairman, Senate Committee on
Veterans’ Affairs, Jerry Moran, Ranking Member, Senate Committee on Veterans’ Affairs, and Mark Takano,
Chairman, House Committee on Veterans’ Affairs, to The Honorable Denis R. McDonough, Secretary of Veterans
Affairs, November 12, 2021.
48 Letter from Ted Mitchell, President, American Council on Education to Chair Takano, Ranking Member Bost, Chair
Levin, and Ranking Member Moore, March 15, 2022.
49 House Committee on Veterans’ Affairs Republicans, “House and Senate VA Committee Leaders Introduce Bill to
Simplify G.I. Bill Reporting Requirements,” press release, June 29, 2022, https://republicans-veterans.house.gov/news/
documentsingle.aspx?DocumentID=6027.
50 The ETI must certify to the VA on a biennial basis that it remains exempt. The VA cannot require that the exempt
ETI submit 85/15 calculations during the biennial period.
51 The ETI must certify to the VA on a biennial basis that it remains exempt. The VA cannot require that the exempt
ETI submit 85/15 calculations during the biennial period.
52 U.S. Department of Veterans Affairs, “85/15 Rule Calculations, Waiver Criteria, and Reports,” 87 Federal Register
61544-61548, October 12, 2022.
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their GI Bill student enrollment equals 35% or less of the ETI’s total enrollment and the courses
are not listed in 38 U.S.C. Sections 3672 or 3675.
Table 2. Courses Approved Under 38 U.S.C. Sections 3672 and 3675
Course Descriptions
“A program leading to a secondary school diploma offered by a secondary school approved in the state in which it
is operating.” (38 U.S.C. §3672(b)(2)(A)(iv))
“Accredited programs (including non-degree accredited programs) .. when .. such courses have been accredited
and approved by a nationally recognized accrediting agency or association .. which that Secretary [of Education]
determines to be reliable authority as to the quality of training offered by an educational institution.” (38 U.S.C.
§3675(a))
“Accredited programs (including non-degree accredited programs) . . when 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)).” (38 U.S.C. §3675(a)(1)(D))
“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.).” (38 U.S.C. §3672(b)(2)(A)(i i))
“A licensure test offered by a federal, state, or local government.” (38 U.S.C. §3672(b)(2)(B))
“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 .. 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.” (38 U.S.C. §3672(e))
“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.” (38 U.S.C. §3672(b)(2)(A)(i ))
“The entrepreneurship courses offered by a qualified provider of entrepreneurship courses.” (38 U.S.C.
§3675(c)(1))
Source: 38 U.S.C. Sections 3672 and 3675.
Notes: Additional statutory and regulatory requirements apply.
Outreach and Information Dissemination
In addition to federal actions intended to prevent misleading and deceptive advertising and
enrollment practices, Congress and the Biden Administration have established policies and
requirements with the intention of better informing GI Bill-eligible individuals of their benefits
and their choices for education and training.
Information Dissemination by Educational Institutions
Executive Order 13607 of April 27, 2012, established voluntary Principles of Excellence that
educational institutions could implement to ensure servicemembers and veterans and their family
members were well informed regarding their choices for education and training and financial
aid.53 For example, the Principles of Excellence encouraged schools to provide prospective
students with personalized information about program costs, available financial aid, potential

53 Executive Order 13607, “Establishing Principles of Excellence for Educational Institutions Serving Service
Members, Veterans, Spouses, and Other Family Members,” 77 Federal Register 25861-25864, May 2, 2012.
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debt, and educational plans. The principles also encouraged accommodations for servicemembers
and reservists absent due to service requirements, a designated point of contact for academic and
financial advising, accrediting entity approval of all new programs prior to enrolling students, and
the use of HEA Title IV-compliant institutional refund policies.
P.L. 116-315 generally required that educational institutions implement the Principles of
Excellence disclosures for GI Bill participants or risk programs of education being disapproved
for GI Bill purposes.54 It essentially made actions that were previously optional mandatory.
Specifically, SAAs, or the VA when acting as an SAA, must take action against educational
institutions that fail to
 provide specified consumer information (e.g., course costs and job placement
rates) to GI Bill participants prior to enrollment and at additional intervals;
 maintain policies to inform GI Bill participants of the availability of and their
eligibility for various forms of financial aid;
 maintain policies to prohibit automatic re-enrollment of GI Bill participants;
 maintain a policy to accommodate and ensure the readmission of servicemembers
when their service in the Armed Forces interrupts their attendance or enrollment;
 secure accrediting entity approval of new programs before enrolling GI Bill
participants if required by the accrediting entity; and
 designate a point of contact from which GI Bill participants can receive
counseling or referrals to counseling for academics, disabilities, or finances.
Taking action may result in providing warning to GI Bill participants or disapproving the
programs. The Secretary may waive the requirement for one academic year but no more than two
consecutive academic years. The requirement was intended to go into effect on June 15, 2021,
and be applicable beginning on August 1, 2021.
P.L. 117-76 exempts some institutions from such SAA action and modifies the allowable SAA
actions. Educational institutions located in a foreign country and educational institutions that
provide to GI Bill participants consumer information regarding program costs and available
financial aid using a template developed by ED are exempt. Under P.L. 117-16, the allowable
SAA actions are providing warning to GI Bill participants, suspending new enrollments, or
disapproving all enrollments in the programs. P.L. 117-76 delayed implementation of the
disclosure requirement to going into effect on June 15, 2022, and being applicable beginning on
August 1, 2022. The VA, however, implemented the changes for foreign institutions immediately
(i.e., as of January 2022).55
GI Bill Comparison Tool Enhancements
Since 2014, the VA has provided information on GI Bill-approved ETIs and available Post-9/11
GI Bill benefits through its online GI Bill Comparison Tool to help individuals make informed
decisions about their education and training.56 The tool was initially launched in response to

54 38 U.S.C. §3679(f)(1).
55 Letter from U.S. Department of Veterans Affairs, Foreign Program Approvals Team to School Certifying Official,
United States Department of Veterans Affairs (VA) – P.L. 117-76, Responsible Education Mitigating Options and
Technical Extensions (REMOTE) Act of 2021, January 18, 2022.
56 See the tool at https://www.va.gov/education/gi-bill-comparison-tool/.
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Executive Order 13607, and the requirements for the tool have been codified in 38 U.S.C. Section
3698(c).
P.L. 117-16 requires the VA to make additional information available by identifying which ETIs
are
 religiously affiliated IHEs,
 minority-serving institutions, as defined in HEA Title III and Title V, or
 gender-specific ETIs.
The requirements for the additional information go into effect June 8, 2023.
GI Bill Claims Processing
Veterans’ education claims processing involves the procedures and policies by which eligible
individuals, ETIs, and the VA make and process claims for educational assistance. The VA issues
certificates of eligibility to eligible individuals who apply for benefits. The VA issues benefit
payments based on enrollment certifications and other documentation submitted by eligible
individuals and ETIs.
Dual Certification
For the VA to process Post-9/11 GI Bill payments, educational institutions must certify a
participant’s enrollment, rate of pursuit, coursework, and tuition and fees charges. The VA pays to
participants their housing stipend based on rate of pursuit and other criteria and pays to the
educational institution the participant’s tuition and fees benefit based on tuition and fees charges
and other criteria. Beginning in 2010, the VA encouraged educational institutions to certify rate of
pursuit as early as possible, including before the academic term begins, and then tuition and fees
charges later when available.57 This dual certification is designed to ensure that housing stipends
are received in a timely manner. In 2017, the VA began encouraging educational institutions to
certify tuition and fees charges after the drop/add period in order to reduce tuition and fee
overpayments that occur when participants reduce their rate of pursuit.58
P.L. 116-315, as amended by P.L. 117-16, codified the VA policy, requiring dual certification by
educational institutions for the Post-9/11 GI Bill. The requirement went into effect on August 1,
2021. P.L. 117-76 allowed the VA to waive the dual certification requirement for educational
institutions on a flat rate tuition and fee structure because a delayed tuition and fees certification
would be unnecessary. The amendment went into effect on December 21, 2021.
Rounding Out
Statutory provisions limit GI Bill participants to benefits for courses that satisfy the requirements
outlined by the curriculum guide or graduation evaluation form for their program of education.59
For example, excessive free electives, successfully completed courses that are repeated, and
audited courses cannot be used to determine GI Bill benefit amounts. Since at least 2011, the VA

57 Letter from Keith M. Wilson, Director, Education Service, U.S. Department of Veterans Affairs, to School
Certifying Official, December 7, 2010.
58 U.S. Department of Veterans Affairs, VBA Education Service Quarterly Webinar, September 27, 2017.
59 38 U.S.C. §3680(a).
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has had a policy allowing GI Bill participants to round out an enrollment schedule with
nonrequired courses to achieve a full-time course load in a participant’s last term of a program of
education.60
Early in 2021, the VA announced a plan to eliminate rounding out by August 2021 to avoid
potential abuse and help participants retain entitlement for future use.61 Some Members of
Congress expressed concern that eliminating rounding out would reduce benefits in GI Bill
participants’ final terms and potentially make program completion more difficult.62 In June 2021,
the VA announced plans to retain rounding out but limit it to courses that are part of the approved
program of education (excluding repeated courses).63
P.L. 117-76 codified rounding out. Eligibility for it is limited to GI Bill participants who are in the
last term of the program of education and would be limited to half-time or less-than-half-time
enrollment based on the amount of courses required to complete the program. The VA may allow,
pursuant to regulations, a GI Bill participant to round out with courses that are part of the
approved program of education (excluding repeated courses). If the participant has completed all
of the courses that are part of the approved program of education, they may round out with
nonrequired courses. Rounding out, as enacted, went into effect for academic terms beginning on
or after January 1, 2022.
Concurrent Receipt of MGIB-SR and Tuition Assistance
MGIB-SR is the GI Bill intended as a federal incentive promoting membership and retention in
the Selected Reserves. The Selected Reserves can be involuntarily ordered to active duty and
have priority within the reserve components.64 MGIB-SR is a DOD program administered by the
VA. Since at least 1999, despite a general restriction on duplication of educational assistance,
DOD instructions established that receipt of MGIB-SR and Tuition Assistance (TA) did not
constitute a duplication of benefits when participants were enrolled at least half-time.65 The 1999
DOD instructions also prohibited MGIB-SR payments for less than half-time pursuit if TA were
available. In addition, prior to P.L. 117-81 MGIB-SR participants were not authorized for TA Top-
Up, which permits servicemembers to elect to receive GI Bill benefits to pay for tuition or related
charges above the amount paid through TA by their military service branch. Post-9/11 GI Bill and
MGIB-AD participants are authorized for TA Top-Up.
Effective May 4, 2021, DOD changed its policy allowing a reservist concurrent receipt of both
MGIB-SR and TA benefits for the same course if enrolled half-time or more.66 For any training

60 U.S. Department of Veterans Affairs, School Certifying Official Handbook, 1st Edition, May 15, 2011, pp. 39-41.
61 Steve Beynon, “This GI Bill Rule Change Could Cost Veterans Thousands of Dollars a Semester,” Military.com,
March 2021; and Letter from Education Service, U.S. Department of Veterans Affairs to GI Bill® Student, Subject:
Rounding Out Changes Starting August 1, June 1, 2021.
62 Steve Beynon, “This GI Bill Rule Change Could Cost Veterans Thousands of Dollars a Semester,” Military.com,
March 2021; and Leo Shane III, “VA dumps plans to stop students from adding nondegree classes to keep GI Bill
benefits,” Military Times, April 15, 2021.
63 Letter from Education Service, U.S. Department of Veterans Affairs to GI Bill® Student, Subject: Rounding Out
Changes Starting August 1, June 1, 2021.
64 For more information on the Selected Reserves, see CRS Report RL30802, Reserve Component Personnel Issues:
Questions and Answers.
65 U.S. Department of Defense, Montgomery GI Bill-Selected Reserve (MGIB-SR), DODI 1322.17, November 29,
1999.
66 U.S. Department of Veterans Affairs, VBA Education Service, “Important GI Bill Update: MGIB-SR Students Can
Use Tuition Assistance Concurrently,” press release, May 19, 2021.
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that started prior to May 4, 2021, the prohibition on concurrent receipt of MGIB-SR and TA is
still applicable.67
Section 559 of P.L. 117-81 permits individuals who are enrolled at least half-time to elect to
receive MGIB-SR benefits as if the individual were not also eligible to receive or already
receiving TA for such enrollment. It establishes that concurrent receipt of MGIB-SR and TA is not
a duplication of benefits if the individual is enrolled at least half-time. It also authorizes MGIB-
SR participants for TA Top-Up.
Special Authorities During the COVID-19
Emergency
The COVID-19 emergency disrupted programs of education, educational institutions, and
employment, negatively impacting the short-term finances of participants and their continued
pursuit of educational programs. In response, special authorities were enacted to reduce the effect
of such disruptions on participants by extending benefits or not reducing benefit levels from
March 1, 2020, through December 21, 2021. A description of the authorities is available in CRS
In Focus IF11685, Special Authorities for Veterans’ Educational Assistance Programs During the
COVID-19 Emergency.
P.L. 117-76 extended the special authorities for approximately five months to June 1, 2022.
Modification of the Department of Education’s 90/10
Rule for Federal Student Aid
ED administers the largest federal postsecondary student aid programs, as authorized by Title IV
of the HEA.68 For students to receive HEA Title IV aid, their IHE must meet several criteria.69 For
example, proprietary (private for-profit) IHEs must derive at least 10% of their revenues from
non-Title IV funds; this policy is known as the 90/10 rule.70 IHEs lose access to HEA Title IV
funds if they fail the 90/10 rule for two consecutive years. There have been several reports of
false or predatory marketing or advertising practices on the part of some proprietary IHEs
attempting to enroll GI Bill and DOD TA participants, in part to pass the 90/10 rule.71 Some
stakeholders have called the intention of some proprietary IHEs to use GI Bill and TA funds to
stay below the 90% threshold the 90/10 loophole.
P.L. 117-2 closes the 90/10 loophole by requiring that proprietary IHEs derive at least 10% of
revenues from nonfederal sources. Therefore, proprietary IHEs will be limited to receiving no

67 U.S. Department of Veterans Affairs, Education Service, August Office Hours: School Certifying Officials, August
18, 2021.
68 For more information, see CRS Report R43351, The Higher Education Act (HEA): A Primer.
69 For more information, see CRS Report R43159, Institutional Eligibility for Participation in Title IV Student
Financial Aid Programs.
70 For more information, see CRS Report R46773, The 90/10 Rule Under HEA Title IV: Background and Issues.
71 For example, see Michael Stratford, “For-Profit-College Marketer Settles Allegations of Predatory Practices,”
Chronicle of Higher Education, June 26, 2012; and Andy Thomason, “Defense Dept. Lifts Suspension of U. of Phoenix
from Tuition Assistance Program,” The Chronicle of Higher Education, January 15, 2016. Through TA programs,
military service branches may pay a certain amount of tuition and expenses for the off-duty education and training of
active duty and reserve personnel.
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more than 90% of revenue from federal sources that are disbursed or delivered to or on behalf of
a student to be used to attend the institution, including (but not limited to), such funds from HEA
Title IV aid, GI Bill assistance, and TA. ED has promulgated new regulations making the change
effective for institutional fiscal years beginning on or after January 1, 2023, consistent with the
effective date of the statutory changes to the 90/10 calculation.72 The ED regulations exclude
federal, non-HEA Title IV funds paid directly to a student for expenses other than tuition, fees,
and other institutional charges from the 90/10 calculation. In other words, funds such as the Post-
9/11 GI Bill housing stipend, which is paid to students for housing costs, will not generally be
designated as IHE revenue.

Author Information

Cassandria Dortch

Specialist in Education Policy

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
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copy or otherwise use copyrighted material.

72 U.S. Department of Education, Office of Postsecondary Education, “ Pell Grants for Prison Education Programs;
Determining the Amount of Federal Education Assistance Funds Received by Institutions of Higher Education (90/10);
Change in Ownership and Change in Control,” 87 Federal Register 65426, October 28, 2022.
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