Student Veteran Academic Counseling Enhancement Act or Student Veteran ACE Act - Directs the Secretary of Veterans Affairs (Secretary) to make educational counseling available to students pursuing an approved program of education while using educational assistance provided through the Department of Veterans Affairs (VA). Requires the Secretary to: (1) assign one educational counselor per 100 of such students in a geographical area, and (2) provide adequate opportunities for such counseling to such students in remote areas. Requires a student who is a veteran to receive such counseling, unless the student specifically declines, while allowing non-veteran students to elect to receive such counseling. Outlines counselor responsibilities, including assistance with applications for such educational assistance, as well as academic counseling and transition assistance. Requires each student to attend at least one counseling session per quarter, semester, or term, unless such attendance would place an undue hardship on the student. Requires an annual report from the Secretary to the congressional veterans committees on such counseling.
Directs the Secretary and the Secretary of Defense to provide individualized, one-on-one educational counseling to an individual considering pursuing a program of education with assistance furnished through the VA or the Department of Defense (DOD), unless such individual declines. Outlines counseling elements.
Repeals the fiscal year funding limit ($6 million) for VA contract educational and vocational counseling.
Requires the Secretary to establish a system to collect, process, and track complaints submitted by individuals enrolled in VA programs of education and reporting instances of fraud, waste, and abuse by the educational institutions with respect to benefits and services provided.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6101 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6101
To amend title 38, United States Code, to improve educational
counseling opportunities for veterans, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 11, 2012
Ms. Chu (for herself, Mr. Rangel, Ms. Loretta Sanchez of California,
Mr. Filner, and Mr. Jones) introduced the following bill; which was
referred to the Committee on Veterans' Affairs, and in addition to the
Committee on Armed Services, 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 amend title 38, United States Code, to improve educational
counseling opportunities for veterans, 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 Academic Counseling
Enhancement Act'' or the ``Student Veteran ACE Act''.
SEC. 2. EDUCATIONAL COUNSELING FOR VETERANS.
(a) In General.--Chapter 36 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 3698. Educational counseling
``(a) Provision of Counseling.--(1) The Secretary shall make
available educational counseling under this section to covered students
in accordance with paragraph (4).
``(2) An institution offering a program of education may only be
approved for purposes of this chapter if such institution transmits to
the Secretary information necessary for the Secretary to provide
educational counseling under this section, including information
relating to matriculation requirements, degree information, and
enrollment requirements and deadlines.
``(3) In carrying out paragraph (1), the Secretary shall--
``(A) assign one educational counselor per each 100 covered
students in a geographical area as determined by the Secretary;
and
``(B) provide covered students who are located in remote
areas that are not within a geographical area determined under
subparagraph (A) with adequate opportunities to receive
counseling under this section.
``(4)(A) A covered student who is a veteran shall automatically
receive educational counseling under this section unless the student
declines to receive such counseling pursuant to subparagraph (C).
``(B) A covered student who is not a veteran may elect to receive
educational counseling under this section.
``(C) The Secretary shall ensure that a covered student may decline
or elect to receive educational counseling under this section pursuant
to subparagraph (A) or (B), as the case may be, through a streamlined
process on the Internet Web site of the Department.
``(b) Scope of Counseling.--In providing educational counseling
under this section to covered students enrolled in an institution, an
educational counselor shall--
``(1) answer inquiries by such students regarding
educational assistance provided by the Department;
``(2) coordinate with the institution to resolve inquiries
described by paragraph (1), including inquiries regarding the
payment of such assistance;
``(3) assist such students with applications for such
assistance;
``(4) act as a liaison between the Department and the
institution;
``(5) provide academic counseling and transition
assistance, including--
``(A) discussing course work, academic goals,
degree progress, workload, and other relevant topics;
and
``(B) providing guidance on--
``(i) selecting courses;
``(ii) seeking--
``(I) additional financial
resources;
``(II) student support services;
``(III) tutoring; and
``(IV) job placement counseling;
and
``(iii) understanding benefits provided by
the Department and the requirements for
receiving educational assistance provided by
the Department; and
``(6) carry out relevant outreach activities.
``(c) Location of Counselors.--(1) An educational counselor may be
located--
``(A) on the campus or facility of an institution that
elects to allow such counselor to be located at the
institution; or
``(B) at a facility of the Department, including a Vet
Center established under section 1712A of this title or a
mobile Vet Center.
``(2) The Secretary shall ensure that an educational counselor is
able to provide counseling to covered students through the use of
interactive technology, including video conferencing using common
Internet applications.
``(d) Preference.--In hiring educational counselors under this
section, the Secretary shall apply the principles of preference for the
hiring of veterans established in subchapter I of chapter 33 of title
5.
``(e) Periodic Counseling Sessions.--(1) Except as provided by
paragraph (3), each covered student assigned an educational counselor
under this section shall attend at least one counseling session per
quarter, semester, or term, as the case may be, with such counselor.
``(2) Except as provided by paragraph (3), an educational counselor
shall notify the Secretary and the relevant institution of any covered
student who does not attend a counseling session under paragraph (1).
``(3)(A) The Secretary may waive the periodic counseling sessions
under paragraph (1) for a covered student if the Secretary determines
that such sessions would place an undue hardship on the student.
``(B) Paragraph (1) and (2) shall not apply to a covered student
who declines to receive educational counseling under this section
pursuant to subsection (a)(4)(A).
``(f) Annual Report.--The Secretary shall submit to the Committees
on Veterans' Affairs of the Senate and the House of Representatives an
annual report on the educational counseling provided under this
section, including the following information listed by each
institution:
``(1) The number of covered students who received such
counseling during the year covered by the report.
``(2) The number of covered students who declined such
counseling under subsection (a)(4) during such year.
``(3) The number of covered students issued a waiver under
subsection (e)(3) during such year.
``(4) For each quarter, semester, or term of the
institution covered by the report, the number of failing grades
earned by covered students receiving such counseling.
``(5) The graduation rate of covered students who received
such counseling as compared to the overall graduation rate of
students during such year.
``(g) Definitions.--In this section:
``(1) The term `covered student' means an individual
pursuing an approved program of education using educational
assistance under chapter 30, 32, 33, or 35 of this title or
chapter 1606 or 1607 of title 10.
``(2) The term `educational counselor' means an employee of
the Department who provides educational counseling under this
section.
``(3) The term `institution' means an institution that
offers an approved program of education.
``(4) The term `approved program of education' means a
program of education that may be pursued using educational
assistance under chapter 30, 32, 33, or 35 of this title or
chapter 1606 or 1607 of title 10.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
3697A the following new item:
``3698. Educational counseling.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 180 days after the date of the enactment of
this Act.
(d) Use of Current Programs.--The Secretary of Veterans Affairs
may--
(1) use a current program of the Department of Veterans
Affairs as of the date of the enactment of this Act, including
the VetSuccess on Campus program, to carry out section 3698 of
title 38, United States Code, as added by subsection (a), if
the Secretary determines such program meets the requirements of
such section; or
(2) expand such a current program to carry out such section
3698.
(e) Cooperation and Consultation.--The Secretary of Veterans
Affairs shall consult and cooperate with the Secretary of Defense, the
Secretary of Education, and any other appropriate head of a Federal
department or agency in carrying out the amendments made by this Act.
SEC. 3. TRAINING AND COUNSELING SO VETERANS AND MEMBERS OF THE ARMED
FORCES CAN MAKE INFORMED DECISIONS ABOUT EDUCATION.
(a) In General.--Chapter 36 of title 38, United States Code, is
further amended by adding after section 3698, as added by section 2(a),
the following new section:
``Sec. 3699. Required one-on-one educational counseling
``(a) Provision of Counseling Required.--(1) The Secretary of
Veterans Affairs shall provide individualized, one-on-one educational
counseling to an individual considering pursuing a program of education
with assistance furnished under this chapter or any of chapters 30
through 35 of this title unless the individual declines to receive such
counseling. The Secretary shall ensure that an individual may decline
to receive such counseling through a streamlined process on the
Internet Web site of the Department of Veterans Affairs.
``(2) The Secretary of Defense shall provide individualized, one-
on-one educational counseling to an individual considering pursuing a
program of education with assistance furnished under chapter 106A or
1606 of title 10 unless the individual declines to receive such
counseling. The Secretary shall ensure that an individual may decline
to receive such counseling through a streamlined process on the
Internet Web site of the Department of Defense.
``(b) Time and Manner of Counseling.--(1) Counseling provided under
subsection (a) to an individual described in such subsection
considering a program of education shall be provided at or before the
individual enrolls in such program as follows:
``(A) To such individuals who have received fewer than \1/
3\ of the credits necessary to complete the program of
education, a complete version of such counseling.
``(B) To such individuals who have received \1/3\ or more
of the credits necessary to complete the program of education,
a condensed version of such counseling as the Secretary of
Veterans Affairs or the Secretary of Defense, as the case may
be, considers appropriate.
``(2) To the extent practicable, counseling provided under
subsection (a) to an individual described in paragraph (1)(A) of this
subsection shall be provided in person.
``(3) The Secretary of Veterans Affairs and the Secretary of
Defense shall each establish, by regulation, procedures by which
individuals may receive counseling provided under subsection (a) when
receipt of such counseling in person is not practicable.
``(c) Elements.--A complete version of counseling provided under
subsection (b)(1) for an individual shall include the following:
``(1) An overview of educational assistance available to
the individual under this chapter and chapters 30 through 35 of
this title or under chapters 106A and 1606 of title 10, as the
case may be.
``(2) Development of a personalized academic and career
plan.
``(3) An overview of the information disclosed and made
readily available under section 3672(f)(1) of this title
relevant to the academic and career plan developed under
paragraph (2).
``(4) A discussion of how enrollment in the program of
education at the educational institution will affect the
individual's academic and career plan and the financial
implications for such individual of such enrollment.
``(5) An introduction to the College Navigator Internet Web
site of the Department of Education.
``(d) Qualified Counselors.--Counseling provided under subsection
(a) may only be provided by properly trained counselors, as determined
by the Secretary of Veterans Affairs and the Secretary of Defense.
``(e) Use of Information Disclosed by Educational Institutions.--In
providing educational assistance under this section, the Secretary of
Veterans Affairs and the Secretary of Defense shall, to the degree
practicable, use the information disclosed and made readily available
under section 3672(f)(1) of this title.
``(f) Links to College Navigator Internet Web Site of Department of
Education.--The Secretary of Veterans Affairs and the Secretary of
Defense shall provide links on the Internet Web sites of the Department
of Veterans Affairs of the Department of Defense, respectively, to the
College Navigator Internet Web site of the Department of Education in
such a manner as the Secretary of Veterans Affairs and the Secretary of
Defense consider appropriate to inform veterans and members of the
Armed Forces of the availability of and the benefits of using the
College Navigator Internet Web site.''.
(b) Clerical Amendment.--The table of sections for chapter 36 of
such title, as amended by section 2(b), is amended by adding at the end
the following new item:
``3699. Required one-on-one educational counseling.''.
(c) Clarification.--
(1) Heading of section 3697a of title 38.--Section 3697A of
such title is amended, in the heading, by adding ``by
election'' at the end.
(2) Table of sections.--The table of sections for chapter
36 of such title is amended by amending the item relating to
section 3697A to read as follows:
``3697A. Educational and vocational counseling by election.''.
(d) Effective Date.--Section 3697B of such title, as added by
paragraph (1), shall take effect on August 1, 2013, and shall apply
with respect to individuals considering pursuing programs of education
as described in subsection (a) of such section after such date.
SEC. 4. REPEAL OF LIMITATION ON PAYMENTS FOR CONTRACT EDUCATIONAL AND
VOCATIONAL COUNSELING PROVIDED BY SECRETARY OF VETERANS
AFFAIRS.
Section 3697 of title 38, United States Code, is amended--
(1) by striking subsection (b);
(2) in subsection (a), by striking ``(a) Subject to
subsection (b) of this section, educational'' and inserting
``Educational''; and
(3) by striking ``section 3697A'' and inserting ``sections
3697A, 3698, or 3699''.
SEC. 5. VETERANS' EDUCATION CONSUMER COMPLAINT TRACKING SYSTEM.
(a) In General.--Chapter 36 of title 38, United States Code, is
further amended by inserting after section 3693 the following new
section:
``Sec. 3693A. Complaint tracking system
``(a) Establishment.--Not later than 180 days after the date of the
enactment of this section, the Secretary shall establish a system to
collect, process, and track complaints submitted to the Secretary by
individuals who are enrolled in programs of education at educational
institutions to report instances of fraud, waste, and abuse by such
institutions with respect to the benefits and services provided by such
institutions to such individuals.
``(b) Requirements.--This system established under subsection (a)
shall meet the following requirements:
``(1) The system shall create an individual case number for
each complaint processed and tracked in the system.
``(2) The system shall allow for the reporting of
complaints, disaggregated by educational institution.
``(3) The system shall allow for the reporting of
complaints, disaggregated by topic or subject matter.
``(4) The system shall allow for the submittal of
complaints by--
``(A) Internet Web site; and
``(B) telephone via a toll-free number that is
available every day at all hours.
``(5) The system shall allow for the sharing of complaints
with the following:
``(A) The educational institutions that are the
subjects of the complaints.
``(B) The Secretary of Education.
``(C) The Secretary of Defense.
``(D) State approving agencies.
``(E) Nationally or regionally recognized
accrediting agencies and associations.
``(F) Such other Federal agencies as the Secretary
of Veterans Affairs considers appropriate.
``(c) Outreach.--The Secretary shall conduct such outreach as may
be necessary to inform individuals described in subsection (a) of the
system and process established under such subsection.
``(d) Consideration by State Approving Agencies.--Whenever a State
approving agency considers whether to approve a course of education of
an educational institution under this chapter, the State approving
agency shall review and take into consideration the complaints
processed and tracked by the system established under subsection (a)
regarding the educational institution.
``(e) Privacy.--(1) Whenever a complaint is shared under subsection
(b)(5), the complaint shall be anonymized, unless the complainant gives
permission to the Secretary to share the complainant's identity.
``(2) The Secretary may not share a complaint under subsection
(b)(5) with an educational institution if the complainant requests that
such complaint not be shared with an educational institution.''.
(b) 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 3693 the following new item:
``3693A. Complaint tracking system.''.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR H4787)
Referred to the Committee on Veterans' Affairs, and in addition to the Committee on Armed Services, 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 Veterans' Affairs, and in addition to the Committee on Armed Services, 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 Military Personnel.
Referred to the Subcommittee on Economic Opportunity.
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