Military and Veterans Education Protection Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require proprietary institutions of higher education to derive at least 10% of their revenue from sources other than title IV or federal educational assistance programs for military personnel and veterans, or become ineligible for title IV funding and participation in those programs. (Currently, this 90/10 rule requires these schools to derive at least 10% of their revenue from sources other than title IV or become ineligible for title IV funding.)
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4055 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 4055
To count revenues from military and veteran education programs toward
the limit on Federal revenues that certain proprietary institutions of
higher education are allowed to receive for purposes of section 487 of
the Higher Education Act of 1965, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 16, 2012
Ms. Speier (for herself, Mr. Jones, Mr. Cummings, Ms. DeLauro, Mr.
Quigley, Mr. Cooper, Mr. Grijalva, Mr. Honda, Mr. Polis, and Mr.
Ellison) introduced the following bill; which was referred to the
Committee on Education and the Workforce, and in addition to the
Committees on Armed Services and Veterans' Affairs, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To count revenues from military and veteran education programs toward
the limit on Federal revenues that certain proprietary institutions of
higher education are allowed to receive for purposes of section 487 of
the Higher Education Act of 1965, 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 ``Military and Veterans Education
Protection Act''.
SEC. 2. PROGRAM PARTICIPATION AGREEMENTS FOR PROPRIETARY INSTITUTIONS
OF HIGHER EDUCATION.
Section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094) is
amended--
(1) in subsection (a)(24)--
(A) by inserting ``that receives funds provided
under this title'' before ``, such institution''; and
(B) by striking ``other than funds provided under
this title, as calculated in accordance with subsection
(d)(1)'' and inserting ``other than Federal educational
assistance, as defined in subsection (d)(5) and
calculated in accordance with subsection (d)(1)''; and
(2) in subsection (d)--
(A) in the subsection heading, by striking ``Non-
Title IV'' and inserting ``Non-Federal Educational'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by inserting ``that receives funds
provided under this title'' before ``shall'';
(ii) in subparagraph (B)--
(I) in clause (i), by striking
``assistance under this title'' and
inserting ``Federal educational
assistance''; and
(II) in clause (ii)(I), by
inserting ``, or on a military base if
the administering Secretary for a
program of Federal educational
assistance under clause (ii), (iii), or
(iv) of paragraph (5)(B) has authorized
such location'' before the semicolon;
(iii) in subparagraph (C), by striking
``program under this title'' and inserting
``program of Federal educational assistance'';
(iv) in subparagraph (E), by striking
``funds received under this title'' and
inserting ``Federal educational assistance'';
and
(v) in subparagraph (F)--
(I) in clause (iii), by striking
``under this title'' and inserting ``of
Federal educational assistance''; and
(II) in clause (iv), by striking
``under this title'' and inserting ``of
Federal educational assistance'';
(C) in paragraph (2)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) Ineligibility.--
``(i) In general.--Notwithstanding any
other provision of law, a proprietary
institution of higher education receiving funds
provided under this title that fails to meet a
requirement of subsection (a)(24) for two
consecutive institutional fiscal years shall be
ineligible to participate in or receive funds
under any program of Federal educational
assistance for a period of not less than two
institutional fiscal years.
``(ii) Regaining eligibility.--To regain
eligibility to participate in or receive funds
under any program of Federal educational
assistance after being ineligible pursuant to
clause (i), a proprietary institution of higher
education shall demonstrate compliance with all
eligibility and certification requirements for
the program for a minimum of two institutional
fiscal years after the institutional fiscal
year in which the institution became
ineligible. In order to regain eligibility to
participate in any program of Federal
educational assistance under this title, such
compliance shall include meeting the
requirements of section 498 for such 2-year
period.
``(iii) Notification of ineligibility.--The
Secretary of Education shall determine when a
proprietary institution of higher education
that receives funds under this title is
ineligible under clause (i) and shall notify
all other administering Secretaries of the
determination.
``(iv) Enforcement.--Each administering
Secretary for a program of Federal educational
assistance shall enforce the requirements of
this subparagraph for the program concerned
upon receiving notification under clause (iii)
of a proprietary institution of higher
education's ineligibility.''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i)--
(aa) by striking ``In
addition'' and all that follows
through ``education fails'' and
inserting ``Notwithstanding any
other provision of law, in
addition to such other means of
enforcing the requirements of a
program of Federal educational
assistance as may be available
to the administering Secretary,
if a proprietary institution of
higher education that receives
funds provided under this title
fails''; and
(bb) by striking ``the
programs authorized by this
title'' and inserting ``all
programs of Federal educational
assistance''; and
(II) in clause (i), by inserting
``with respect to a program of Federal
educational assistance under this
title,'' before ``on the expiration
date'';
(D) in paragraph (4)(A), by striking ``sources
under this title'' and inserting ``Federal educational
assistance''; and
(E) by adding at the end the following:
``(5) Definitions.--In this subsection:
``(A) Administering secretary.--The term
`administering Secretary' means the Secretary of
Education, the Secretary of Defense, the Secretary of
Veterans Affairs, the Secretary of Homeland Security,
or the Secretary of a military department responsible
for administering the Federal educational assistance
concerned.
``(B) Federal educational assistance.--The term
`Federal educational assistance' means funds provided
under any of the following provisions of law:
``(i) This title.
``(ii) Chapter 30, 31, 32, 33, 34, or 35 of
title 38, United States Code.
``(iii) Chapter 101, 105, 106A, 1606, 1607,
or 1608 of title 10, United States Code.
``(iv) Section 1784a of title 10, United
States Code.''.
SEC. 3. DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS
ACTIONS ON INELIGIBILITY OF CERTAIN PROPRIETARY
INSTITUTIONS OF HIGHER EDUCATION FOR PARTICIPATION IN
PROGRAMS OF EDUCATIONAL ASSISTANCE.
(a) Department of Defense.--
(1) In general.--Chapter 101 of title 10, United States
Code, is amended by inserting after section 2008 the following
new section:
``Sec. 2008a. Ineligibility of certain proprietary institutions of
higher education for participation in Department of
Defense programs of educational assistance
``(a) In General.--Upon receipt of a notice from the Secretary of
Education under clause (iii) of section 487(d)(2)(A) of the Higher
Education Act of 1965 (20 U.S.C. 1094(d)(2)(A)) that a proprietary
institution of higher education is ineligible for participation in or
receipt of funds under any program of Federal educational assistance by
reason of such section, the Secretary of Defense shall ensure that no
educational assistance under the provisions of law specified in
subsection (b) is available or used for education at the institution
for the period of institutional fiscal years covered by such notice.
``(b) Covered Assistance.--The provisions of law specified in this
subsection are the provisions of law on educational assistance through
the Department of Defense as follows:
``(1) This chapter.
``(2) Chapters 105, 106A, 106A, 1606, 1607, and 1608 of
this title.
``(3) Section 1784a of this title.
``(c) Notice on Ineligibility.--(1) The Secretary of Defense shall
take appropriate actions to notify persons receiving or eligible for
educational assistance under the provisions of law specified in
subsection (b) of the application of the limitations in section
487(d)(2) of the Higher Education Act of 1965 to particular proprietary
institutions of higher education.
``(2) The actions taken under this subsection with respect to a
proprietary institution shall include publication, on the Internet
website of the Department of Defense that provides information to
persons described in paragraph (1), of the following:
``(A) The name of the institution.
``(B) The extent to which the institution failed to meet
the requirements of section 487(a)(24) of the Higher Education
Act of 1965.
``(C) The length of time the institution will be ineligible
for participation in or receipt of funds under any program of
Federal educational assistance by reason of section
487(d)(2)(A) of that Act.
``(D) The nonavailability of educational assistance through
the Department for enrollment, attendance, or pursuit of a
program of education at the institution by reason of such
ineligibility.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 101 of such title is amended by inserting
after the item relating to section 2008 the following new item:
``2008a. Ineligibility of certain proprietary institutions of higher
education for participation in Department
of Defense programs of educational
assistance.''.
(b) Department of Veterans Affairs.--
(1) In general.--Subchapter II of chapter 36 of title 38,
United States Code, is amended by inserting after section 3681
the following new section:
``Sec. 3681A. Ineligibility of certain proprietary institutions of
higher education for participation in Department of
Veterans Affairs programs of educational assistance
``(a) In General.--Upon receipt of a notice from the Secretary of
Education under clause (iii) of section 487(d)(2)(A) of the Higher
Education Act of 1965 (20 U.S.C. 1094(d)(2)(A)) that a proprietary
institution of higher education is ineligible for participation in or
receipt of funds under any program of Federal educational assistance by
reason of such section, the Secretary of Veterans Affairs shall ensure
that no educational assistance under the provisions of law specified in
subsection (b) is available or used for education at the institution
for the period of institutional fiscal years covered by such notice.
``(b) Covered Assistance.--The provisions of law specified in this
subsection are the provisions of law on educational assistance through
the Department under chapters 30, 31, 32, 33, 34, and 35 of this title.
``(c) Notice on Ineligibility.--(1) The Secretary of Veterans
Affairs shall take appropriate actions to notify persons receiving or
eligible for educational assistance under the provisions of law
specified in subsection (b) of the application of the limitations in
section 487(d)(2) of the Higher Education Act of 1965 to particular
proprietary institutions of higher education.
``(2) The actions taken under this subsection with respect to a
proprietary institution shall include publication, on the Internet
website of the Department that provides information to persons
described in paragraph (1), of the following:
``(A) The name of the institution.
``(B) The extent to which the institution failed to meet
the requirements of section 487(a)(24) of the Higher Education
Act of 1965.
``(C) The length of time the institution will be ineligible
for participation in or receipt of funds under any program of
Federal educational assistance by reason of section
487(d)(2)(A) of that Act.
``(D) The nonavailability of educational assistance through
the Department for enrollment, attendance, or pursuit of a
program of education at the institution by reason of such
ineligibility.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 36 of such title is amended by inserting
after the item relating to section 3681 the following new item:
``3681A. Ineligibility of certain proprietary institutions of higher
education for participation in Department
of Veterans Affairs programs of educational
assistance.''.
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Introduced in House
Introduced in House
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Armed Services, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Armed Services, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Armed Services, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Economic Opportunity.
Referred to the Subcommittee on Military Personnel.
Referred to the Subcommittee on Higher Education and Workforce Training.
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