Military and Veterans Educational Reform Act of 2012 - Allows the Secretary of Veterans Affairs (Secretary) or a state approving agency (SAA) to approve, for purposes of veterans' educational assistance provided through the Department of Veterans Affairs (VA), a course that leads to an associate or higher degree only when such course is an eligible program offered by an institution of higher education that has entered into and is complying with a program approved by the Secretary of Education under the Higher Education Act of 1965. Provides conditions under which the Secretary or a SAA may approve a course that does not lead to an associate or higher degree.
Prohibits the approval of a non-degree course of education unless, among other things, the course is determined to further the purposes of the VA program. Provides additional requirements for the VA approval of nonaccredited courses. Requires additional requirements imposed by SAAs to be approved by the Secretary prior to use under the VA program.
Provides additional requirements for the approval of programs of educational assistance for persons enlisting for active duty.
Requires educational institutions to inform participants on matters relating to accreditation and educational outcomes as a condition of approval under educational assistance programs offered by the VA and Department of Defense (DOD).
Directs an educational institution with 20 or more VA program participants enrolled, prior to approval, to provide adequate academic and student support services, including remediation, tutoring, and job placement counseling.
Requires each SAA, as a condition of receiving VA reimbursement for program approval activities, to conduct education and outreach activities to assist participants in making well-informed choices about their education and successful transition into an educational environment. Requires SAAs to conduct annual audits of institutions that have VA program participants. Directs the Secretary to conduct mandatory annual compliance reviews of such institutions.
Directs the Secretary to provide individualized, one-on-one counseling to veterans and members of the Armed Forces who are considering a program of education with assistance through the VA or DOD.
Requires the Secretaries of VA and DOD to each establish a process whereby individuals are able to submit complaints regarding educational institutions relevant to the provision of educational assistance, including complaints regarding misrepresentation, fraud, waste, and abuse.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2179 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 2179
To amend title 38, United States Code, to improve oversight of
educational assistance provided under laws administered by the
Secretary of Veterans Affairs and the Secretary of Defense, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2012
Mr. Webb (for himself, Mr. Harkin, Mr. Brown of Massachusetts, Mr.
Carper, and Mrs. McCaskill) introduced the following bill; which was
read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to improve oversight of
educational assistance provided under laws administered by the
Secretary of Veterans Affairs and the Secretary of Defense, 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 Educational
Reform Act of 2012''.
SEC. 2. ADDITIONAL REQUIREMENTS FOR APPROVAL OF EDUCATIONAL PROGRAMS
FOR PURPOSES OF EDUCATIONAL ASSISTANCE UNDER LAWS
ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS AND
SECRETARY OF DEFENSE.
(a) Automatic Approval by Secretary of Veterans Affairs of Degree
Programs Approved by Secretary of Education.--Clause (i) of section
3672(b)(2)(A) of title 38, United States Code, is amended to read as
follows:
``(i) A course that is described by section 3675(a) of this
title.''.
(b) Approval by Secretary of Veterans Affairs of Non-Degree
Programs Approved by Secretary of Education.--
(1) In general.--Section 3675 of such title is amended--
(A) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively;
(B) by striking subsection (a); and
(C) by inserting before subsection (c), as
redesignated by subparagraph (A), the following new
subsections:
``(a) The Secretary or a State approving agency may only approve a
course that leads to an associate or higher degree when such course is
an eligible program (as defined in section 481 of the Higher Education
Act of 1965 (20 U.S.C. 1088)) offered by an institution of higher
education (as defined in section 102 of such Act (20 U.S.C. 1002)) that
has entered into, and is complying with, a program participation
agreement under section 487 of such Act (20 U.S.C. 1094).
``(b)(1) The Secretary or a State approving agency may approve a
course that does not lead to an associate or higher degree when--
``(A) such course--
``(i) is an eligible program (as defined in section
481 of the Higher Education Act of 1965 (20 U.S.C.
1088)) offered by an institution of higher education
(as defined in section 102 of such Act (20 U.S.C.
1002)) that has entered into, and is complying with, a
program participation agreement under section 487 of
such Act (20 U.S.C. 1094);
``(ii) in the case of a course designed to prepare
individuals for licensure or certification, meets the
instructional curriculum licensure or certification
requirements of the State in which the institution is
located; and
``(iii) in the case of a course designed to prepare
an individual for employment by a State board or agency
in an occupation that requires approval or licensure
for such employment, is approved or licensed by such
State board or agency;
``(B) such course is accepted by the State department of
education for credit for a teacher's certificate; or
``(C) such course is 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)).
``(2)(A) An educational institution shall submit an application for
approval of courses to the appropriate State approving agency. In
making application for approval, the institution (other than an
elementary school or secondary school) shall transmit to the State
approving agency copies of its catalog or bulletin which must be
certified as true and correct in content and policy by an authorized
representative of the institution.
``(B) Each catalog or bulletin transmitted by an institution under
subparagraph (A) of this paragraph shall--
``(i) state with specificity the requirements of the
institution with respect to graduation;
``(ii) include the information required under paragraphs
(6) and (7) of section 3676(b) of this title; and
``(iii) include any attendance standards of the
institution, if the institution has and enforces such
standards.''.
(2) Conforming amendments.--Such title is amended--
(A) in section 3452(g), by striking ``under the
provisions of section 3675 of this title'';
(B) in section 3501(11), by striking ``under the
provisions of section 3675 of this title'';
(C) in section 3672(b)(2)(A), by striking
``3675(b)(1) and (b)(2)'' and inserting ``3675(c)(1)
and (c)(2)''; and
(D) in the heading for section 3675, by striking
``accredited courses'' and inserting ``courses approved
by Secretary of Education''.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 36 of such title is amended by striking
the item relating to section 3675 and inserting the following
new item:
``3675. Approval of courses approved by Secretary of Education.''.
(c) Approval by Secretary of Veterans Affairs of Non-Degree
Programs Not Approved by Secretary of Education.--
(1) In general.--Subsection (a) of section 3676 of such
title is amended to read as follows:
``(a) No course of education which has not been approved by the
Secretary or a State approving agency under section 3675 of this title
shall be approved for the purposes of this chapter unless--
``(1) the course--
``(A) does not lead to an associate or higher
degree;
``(B) was not an eligible program (as defined in
section 481 of the Higher Education Act of 1965 (20
U.S.C. 1088)) at any time during the most recent two-
year period; and
``(C) is a course that the Secretary or State
approving agency determines, in accordance with this
section and such regulations as the Secretary shall
prescribe and on a case-by-case basis, that approval of
which would further the purposes of this chapter or any
of chapters 30 through 35 of this title; and
``(2) the educational institution offering such course
submits to the appropriate State approving agency a written
application for approval of such course in accordance with the
provisions of this chapter.''.
(2) Additional requirements.--Subsection (c) of section
3676 of such title is amended--
(A) by redesignating paragraph (14) as paragraph
(21); and
(B) by inserting after paragraph (13) the following
new paragraphs:
``(14) Such courses providing less than 600 clock hours of
instruction, or its equivalent, have verified completion and
placement rates of at least 70 percent.
``(15) Courses that prepare individuals for licensure or
certification have verified that the course's instructional
curriculum appropriately includes the licensure or
certification requirements in the State in which the
institution deems such curriculum does.
``(16) Courses for which a State board or agency in the
State in which the course is designed to prepare a student
requires approval or licensure for employment in the recognized
occupation in the State is approved or licensed by such State
board or agency.
``(17) In the case of an educational institution that
advertises job placement rates as a means of attracting
students to enroll in a course of education offered by the
educational institution, the application contains any other
information necessary to substantiate the truthfulness of such
advertisements.
``(18) The educational institution does not provide any
commission, bonus, or other incentive payment based directly or
indirectly on success in securing enrollments or financial aid
to any persons or entities engaged in any student recruiting or
admission activities or in making decisions regarding the award
of student financial assistance, except for the recruitment of
foreign students residing in foreign countries who are not
eligible to receive Federal student assistance.
``(19) The educational institution does not make any
misrepresentations (as defined in section 668.71 of title 34,
Code of Federal Regulations (or any corresponding similar
regulation or ruling)) regarding the nature of its educational
program, the nature of its financial charges, or the
employability of its graduates (as defined in sections 668.72
through 668.74 of such title, respectively (or any
corresponding similar regulations or rulings)).
``(20) The educational institution has provided information
necessary to substantiate that it complies with the
requirements set forth under section 600.9 of title 34 Code of
Federal Regulations (or any corresponding similar regulation or
ruling).''.
(3) Requirement that additional requirements imposed by
state approving agencies be approved by secretary of veterans
affairs.--Paragraph (21) of such subsection, as redesignated by
paragraph (2)(A), is amended by inserting ``and approved by the
Secretary'' before the period at the end.
(4) Conforming amendments.--Section 3676 of such title is
amended--
(A) in the heading for such section, by striking
``nonaccredited courses'' and inserting ``courses not
approved by Secretary of Education''; and
(B) in subsection (c), in the matter before
paragraph (1), by striking ``non-accredited''.
(5) Clerical amendment.--The table of sections at the
beginning of chapter 36 of such title is amended by striking
the item relating to section 3675 and inserting the following
new item:
``3676. Approval of courses not approved by Secretary of Education.''.
(d) Additional Requirements for Approval of Programs for
Educational Assistance for Persons Enlisting for Active Duty.--Section
2143 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``to subsection (b)''
and inserting ``to subsections (b) and (c)'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c)(1) Except as provided in paragraph (2), a person entitled to
assistance under this chapter may only use such assistance for
educational expenses incurred for an eligible program (as defined in
section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088))
that--
``(A) is offered by an institution of higher education (as
defined in section 102 of such Act (20 U.S.C. 1002)) that has
entered into, and is complying with, a program participation
agreement under section 487 of such Act (20 U.S.C. 1094);
``(B) in the case of a program designed to prepare
individuals for licensure or certification, meets the
instructional curriculum licensure or certification
requirements of the State in which the institution is located;
and
``(C) in the case of a program designed to prepare
individuals for employment by a State board or agency in an
occupation that requires approval or licensure for such
employment, is approved or licensed by such State board or
agency.
``(2) The Secretary may, in accordance with regulations the
Secretary shall prescribe, authorize the use of educational assistance
awarded under this chapter for educational expenses incurred for a
program of education that is not described in paragraph (1) if such
program--
``(A) is accredited and approved by a nationally recognized
accrediting agency or association;
``(B) was not an eligible program described in paragraph
(1) at any time during the most recent two-year period; and
``(C) is a program that the Secretary determines, on a
case-by-case basis, that approval of which would further the
purposes of the program established under section 2141 of this
title.''.
(e) Effective Date.--The amendments made by this section shall take
effect on August 1, 2013.
SEC. 3. REQUIREMENT THAT EDUCATIONAL INSTITUTIONS INFORM STUDENTS OF
MATTERS RELATING TO ACCREDITATION AND OUTCOMES AS
CONDITION OF APPROVAL FOR PURPOSES OF EDUCATIONAL
ASSISTANCE UNDER LAWS ADMINISTERED BY SECRETARY OF
VETERANS AFFAIRS AND SECRETARY OF DEFENSE.
(a) Educational Assistance Under Laws Administered by Secretary of
Veterans Affairs.--Section 3672 of title 38, United States Code, is
amended--
(1) by adding at the end the following new subsection:
``(f)(1) A course of education that is offered by an educational
institution may not be approved under this chapter unless the
educational institution discloses and makes readily available the
information described in paragraph (2) to--
``(A) each individual considering enrolling in the course
of education at or before the moment at which the individual
applies for enrollment in such course of education;
``(B) each student who is enrolled in the course of
education each year the student is so enrolled; and
``(C) the public.
``(2) The information described in this paragraph with respect to
an educational institution or a course of education of the educational
institution is the following:
``(A) The names of associations, agencies, or governmental
bodies which accredit, approve, or license the educational
institution and its courses of education and the procedures
under which any current or prospective student may obtain or
review upon request a copy of the documents describing the
educational institution's accreditation, approval, or
licensing.
``(B) Whether the educational institution is a public
educational institution, a private nonprofit educational
institution, or a private for-profit educational institution.
``(C) The rates of graduation of students who enroll in the
course of education and the average dropout rate of all
students enrolled in the course of education.
``(D) The percentage of students enrolled in the course of
education who complete the course within--
``(i) the standard period for completion of such
course of education;
``(ii) 150 percent of such period; and
``(iii) 200 percent of such period.
``(E) The median educational debt incurred by students who
complete the course of education.
``(F) The cohort default rate, as defined in section 435(m)
of the Higher Education Act of 1965 (20 U.S.C. 1085(m)), of the
educational institution.
``(G) The rates of job placement of students who complete
the course of education, as applicable, and the types of
employment obtained by such students.
``(H) For any job for which the course of education is
designed to prepare a student, the relevant licensing or
certification requirements for such job in the State for which
the course is designed to prepare the student to obtain such
license or certificate and the examination and licensure test
pass rates, as applicable.
``(I) The tuition and fees for programs of education at the
educational institution.
``(J) The percentage of students enrolled in programs of
education at the educational institution who have submitted a
complaint under section 3697C(a) of this title.
``(K) With respect to the information reported under
subparagraphs (C) through (J), indicators of how the
educational institution compares with the averages of all
public educational institutions with similar courses of
education in the State in which the educational institution is
located.
``(L) A description of the procedures by which student may
submit complaints regarding educational institutions to
applicable Federal and State agencies, including State
approving agencies and accrediting agencies or associations and
such contact information as may be necessary to submit such
complaints.
``(M) A description of the process established under
section 3697C(a) of this title and such contact information as
may be necessary to submit a complaint in accordance with such
process.
``(N) The policies established by the educational
institution regarding transfer of course credit, including the
following:
``(i) Any established criteria the educational
institution uses regarding the transfer of course
credit earned at another educational institution.
``(ii) A list of educational institutions that will
accept transfer of course credit for specific programs
of education offered by the educational institution.
``(iii) A list of educational institutions from
which the educational institution will accept transfer
of course credit for specific programs offered by that
educational institution.
``(iv) Any changes by the educational institution
in such policies and established criteria that first
took effect in the most recent one-year period.
``(O) A statement of the requirements of any refund
policies of the educational institution.
``(P) A statement of the requirements for officially
withdrawing from a course of education at the educational
institution.
``(Q) The standards which a student must maintain in order
to be considered to be making satisfactory progress in a course
of education at the educational institution.
``(R) A description of the services available at the
educational institution that are tailored specifically to meet
the needs of individuals receiving assistance under this
chapter, any of chapters 30 through 35 of this title, or
chapter 106A or 1606 of title 10, including services provided
under section 3679A(a) of this title.
``(S) In the case of an educational institution that
advertises job placement rates as a means of attracting
students to enroll in the educational institution, such
information as may be necessary to substantiate the
truthfulness of the claims made in such advertising.
``(3) The information disclosed and made readily available under
paragraph (1) to individuals and students described in subparagraphs
(A) and (B) of such paragraph, respectively, shall be disclosed and
made readily available--
``(A) in language that can be easily understood by such
individuals and students; and
``(B) in a uniform manner that is appropriate for such
individuals and students, including by publications, mailings,
and electronic media.''; and
(2) in subsection (b)(2)(A), as amended by section 2(b)(2),
in the matter before clause (i), by inserting ``subsection (f)
and'' after ``Subject to''.
(b) Educational Assistance for Persons Enlisting for Active Duty.--
(1) In general.--Chapter 106A of title 10, United States
Code, is amended by inserting after section 2149 the following
new section:
``Sec. 2149A. Disclosure requirements of educational institutions
``The Secretary may not provide a payment of educational expenses
under an educational assistance program established under section 2141
of this title for instruction at an accredited institution (as defined
in section 2143 of this title) unless such institution discloses and
makes readily available the information described in paragraph (2) of
section 3672(f) of title 38 as described in paragraph (3) of such
section to--
``(1) each individual considering enrolling in the course
of education at or before the moment at which the individual
applies for enrollment in such course of education;
``(2) each student who is enrolled in the course of
education each year the student is so enrolled; and
``(3) the public.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 106A of such title is amended by adding at
the end the following new item:
``2149A. Disclosure requirements of educational institutions.''.
(c) Effective Date.--Subsection (f) of section 3672 of title 38,
United States Code, as added by subsection (a)(1), and section 2149A of
title 10, United States Code, as added by subsection (b)(1), shall take
effect on August 1, 2013.
SEC. 4. ADDITIONAL REQUIREMENTS OF EDUCATIONAL INSTITUTIONS FOR SUPPORT
OF VETERANS AND MEMBERS OF ARMED FORCES.
(a) Requirements.--
(1) In general.--Subchapter I of chapter 36 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 3679A. Additional requirements
``(a) Provision of Counseling and Services.--(1) An educational
institution with 20 or more covered individuals enrolled in programs of
education at the educational institution may not be approved under this
chapter unless the educational institution provides adequate academic
and student support services (as determined by the Secretary),
including remediation, tutoring, and career and job placement
counseling services to such covered individuals.
``(2) The Secretary may, on a case-by-case basis, waive the
requirement to provide services under paragraph (1) for an educational
institution for an academic year if--
``(A) the Secretary determines that the educational
institution has demonstrated that providing such services
during such academic year would lead to severe financial
hardship; and
``(B) the educational institution submits to the Secretary
a plan to provide such services during the following academic
year.
``(b) Minimum Standards for Employment of Points of Contact.--
Except as provided in paragraph (2), an educational institution may not
be approved under this chapter unless the educational institution
employs a number of full-time equivalent employees that the Secretary
considers adequate, but not less than one full-time equivalent
employee, who--
``(1) acts as a point of contact for covered individuals on
matters relating to educational assistance available to
individuals under this chapter and chapters 30 through 35 of
this title and under chapters 106A and 1606 of title 10;
``(2) is knowledgeable about such educational assistance
and such other financial aid, admissions, counseling and
referral services, and matters relating to postsecondary
education as are important to the educational success of
covered individuals; and
``(3) is available to assist covered individuals on a full-
time basis.
``(c) Covered Individual Defined.--In this section, the term
`covered individual', with respect to enrollment in a program of
education, means an individual who is receiving educational assistance
under this chapter or any of chapters 30 through 35 of this title or
under chapters 106A and 1606 of title 10 for such program of
education.''.
(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 3679 the following new item:
``3679A. Additional requirements.''.
(b) Conforming Amendment.--Section 3672(b)(2)(A) of such title (as
amended by section 3(a)(2)) is further amended by striking ``and 3696''
and inserting ``3696, and 3679A''.
(c) Effective Date.--Section 3679A of such title, as added by
paragraph (1), shall take effect on August 1, 2013.
SEC. 5. STATE APPROVING AGENCIES.
(a) Education and Outreach.--
(1) In general.--Subchapter I of chapter 36 of title 38,
United States Code, is amended by inserting after section 3674A
the following new section:
``Sec. 3674B. Education and outreach
``(a) Education and Outreach Required.--As a condition on receipt
of reimbursement expenses under section 3674 of this title, each State
approving agency shall conduct such education and outreach activities
for individuals who are eligible to receive or are receiving
educational assistance under this chapter or any of chapters 30 through
35 of this title as the Secretary considers appropriate to assist such
individuals in making well-informed choices about their education and
successfully transitioning into an educational environment.
``(b) Coordination.--Each State approving agency conducting
outreach activities under subsection (a) shall coordinate with the
Secretary of Defense to ensure, as the Secretary of Defense considers
appropriate, that information on educational assistance available under
this chapter and chapters 30 through 35 of this title is made readily
available as part of the Transition Assistance Program (TAP) of the
Department of Defense in the State of the State approving agency.
``(c) Manner.--Information made available as part of education and
outreach activities under this section shall be made--
``(1) in language that can be easily understood by
individuals described in paragraph (1);
``(2) in a uniform and easily accessible manner; and
``(3) through such means as may be appropriate and
effective, including through publications, mailings, and
electronic media.''.
(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 3674A the following new
item:
``3674B. Education and outreach.''.
(b) Audits.--Section 3673(d) of such title is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) Each year, each State approving agency, as a condition of
receiving reimbursement of expenses under section 3674 of this title,
shall conduct such audits as the Secretary considers appropriate,
including unannounced audits and audits using risk-based approaches, of
educational institutions in the State of the State approving agency
that have students enrolled in programs of education at the educational
institutions who are receiving educational assistance under this
chapter or any of chapters 30 through 35 of this title (without regard
to whether the Secretary or the State approving agency approved the
courses offered) in such State--
``(A) to detect misrepresentation, fraud, waste, and abuse;
``(B) to ensure full compliance with the provisions of this
chapter; and
``(C) for such other purposes as the Secretary considers
appropriate.''.
(c) Reports.--Section 3674(a)(3) of such title is amended--
(1) by inserting ``(A)'' before ``Each State''; and
(2) by adding at the end the following new subparagraph:
``(B) Each report submitted under subparagraph (A) shall include
the following:
``(i) The number of visits made by the agency to
educational institutions, including the number of such visits
that were made without the prior knowledge of such educational
institution.
``(ii) A description of the audits carried out by the
agency under section 3673(d)(2) of this title and the findings
of the agency, including with respect to any substantiated
findings of misrepresentation, fraud, waste, abuse, or failure
to comply with an applicable requirement of this chapter and
the steps taken by the agency to address such fraud, waste,
abuse, or failure to comply.
``(iii) A description of the outreach and training
activities conducted by the agency under section 3674B of this
title.''.
(d) Effective Date.--The amendments made by this section shall take
effect on August 1, 2013.
SEC. 6. MANDATORY COMPLIANCE REVIEWS.
(a) In General.--Section 3693 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(c) In addition to the annual compliance surveys conducted under
subsection (a), the Secretary shall also conduct a compliance review,
in accordance with such regulations as the Secretary shall prescribe,
of an educational institution described in such subsection whenever the
Secretary finds any of the following:
``(1) The number of student enrollments at, or the rate of
student enrollments of, the educational institution has
increased rapidly.
``(2) The student dropout rate of the institution has
increased rapidly.
``(3) The cohort default rate, as defined in section 435(m)
of the Higher Education Act of 1965 (20 U.S.C. 1085(m)), of the
educational institution has increased rapidly or is
consistently higher than the average of cohort default rate of
comparable educational institutions.
``(4) The number of substantiated complaints filed under
section 3697C(a)(1) of this title with respect to the
educational institution have increased rapidly or is
consistently higher than the number of substantiated complaints
filed with respect to other comparable educational
institutions.
``(5) The educational institution is the subject of a civil
lawsuit in Federal or State court, is charged with a crime
under Federal or State law, or is the subject of an official
investigation of a State or Federal agency for misconduct.
``(6) The educational institution has significant growth in
revenue resulting from tuition, including tuition paid with
assistance provided under this chapter, chapters 30 through 35
of this title, or chapters 106A or 1606 of title 10, which
cannot be attributed to changes made to such chapters by Acts
of Congress or changes to the administration of such chapters.
``(7) Such other findings as the Secretary considers
warrant conducting a compliance survey under subsection (a).''.
(b) Effective Date.--Subsection (c) of such section, as added by
subsection (a), shall take effect on August 1, 2013.
SEC. 7. TRAINING AND COUNSELING SO VETERANS AND MEMBERS OF THE ARMED
FORCES CAN MAKE INFORMED DECISIONS ABOUT EDUCATION.
(a) In General.--Subchapter II of chapter 36 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 3697B. 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 all individuals considering pursuing a program of
education with assistance furnished under this chapter or any of
chapters 30 through 35 of this title.
``(2) The Secretary of Defense shall provide individualized, one-
on-one educational counseling to all individuals considering pursuing a
program of education with assistance furnished under chapter 106A or
1606 of title 10.
``(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
website 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 Website of Department of
Education.--The Secretary of Veterans Affairs and the Secretary of
Defense shall provide links on the Internet websites of the Department
of Veterans Affairs of the Department of Defense, respectively, to the
College Navigator Internet website 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 website.''.
(b) Clerical Amendment.--The table of sections for chapter 36 of
such title is amended by adding at the end the following new item:
``3697B. 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. 8. COORDINATION AND OVERSIGHT OF EDUCATIONAL ASSISTANCE PROGRAMS.
(a) In General.--Subchapter II of chapter 36 of title 38, United
States Code, as amended by section 6, is further amended by adding at
the end the following new section:
``Sec. 3697C. Coordination and oversight
``(a) Development of Centralized Complaints Process.--(1) Not later
than 180 days after the date of the enactment of the Military and
Veterans Educational Reform Act of 2012, the Secretary of Veterans
Affairs and the Secretary of Defense shall each establish, by
regulation, a process whereby persons are able to submit to the
Secretaries, including by submitting via State approving agencies,
complaints regarding educational institutions relevant to the provision
of educational assistance provided under this chapter and chapters 30
through 35 of this title and under chapters 106A and 1606 of title 10,
including complaints regarding misrepresentation, fraud, waste, and
abuse.
``(2) The process required by paragraph (1) shall include
procedures to address complaints in a timely manner, including review
and investigation of such complaints.
``(3) Each year, the Secretary of Veterans Affairs and the
Secretary of Defense shall each compile the information they collect
under this subsection and share such information with each other and
the Secretary of Education, as otherwise allowed under law.
``(b) Information Sharing Between Secretary of Veterans Affairs,
Secretary of Defense, and Secretary of Education.--(1) Not later than
180 days after the date of the enactment of the Military and Veterans
Educational Reform Act of 2012, the Secretary of Veterans Affairs and
the Secretary of Defense shall each establish, by regulation, a process
by which information may be reported by their respective departments to
the Secretary of Education and each other regarding information with
respect to substantiated acts by educational institutions of
misrepresentation, fraud, waste, or abuse or failure to comply with an
applicable requirement of this chapter or other information considered
appropriate by the reporting Secretary by an educational institution at
which an individual is enrolled in a program of education for which the
individual receives educational assistance under this chapter, any of
chapters 30 through 35 of this title, or chapter 106A or 1606 of title
10 relevant to the purpose and effective implementation of Federal
programs of educational assistance provided under such chapters.
``(2) Not later than 180 days after the date of the enactment of
the Military and Veterans Educational Reform Act of 2012, the Secretary
of Education shall establish a process by which the Secretary of
Education notifies the Secretary of Veterans Affairs and the Secretary
of Defense of the following with respect to educational institutions:
``(A) Substantiated acts by educational institutions of
misrepresentation, fraud, waste, or abuse.
``(B) Loss of accreditation.
``(C) Loss of eligibility under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.).
``(D) Has been reported by a Federal or State agency or a
nationally recognized accrediting agency or association as
failing to comply with, or has a significant risk of failing to
comply with, a provision of Federal or State law or a
requirement that is a condition for accreditation established
by a nationally recognized accrediting agency or association.
``(E) Such other information as the Secretary of Education
considers appropriate.
``(c) Annual Report on Educational Assistance Provided by
Department of Veterans Affairs and Department of Defense.--(1) Not less
frequently than once each year, the Secretary of Veterans Affairs and
the Secretary of Defense shall each submit to Congress a report on the
provision of educational assistance under this chapter and chapters 30
through 35 of this title and under chapters 106A and 1606 of title 10,
respectively.
``(2) Each report submitted under subsection (a) shall include, for
the period covered by the report and disaggregated by for-profit and
not-for-profit educational institutions, the following:
``(A) The number of individuals who received assistance
under laws administered by the respective Secretary.
``(B) The amounts of assistance provided.
``(C) A description of any complaints reported under
subsection (a) to the respective Secretary or State approving
agencies by such individuals with respect to the receipt or use
of educational assistance under laws administered by the
respective Secretary.
``(D) All substantiated reports of misrepresentation,
waste, fraud, abuse, or other acts that are inconsistent with
the requirements of this chapter by an educational institution
at which an individual is enrolled in a program of education
for which the individual is receiving educational assistance
under a law administered by the respective Secretary.
``(E) A list of educational institutions which had courses
of education that were approved under this chapter in the
previous year but were found, in the year covered by the
report, not in compliance with a requirement of such chapter.
``(F) Such recommendations for legislative or regulatory
action as the respective Secretary considers appropriate to
improve the provision of educational assistance under the laws
administered by the respective Secretary.
``(G) An assessment of the academic performance of
individuals who received educational assistance described in
paragraph (1), including graduation rates and dropout rates.
``(H) A list of educational institutions that were approved
under this chapter, disaggregated by educational institutions
approved under section 3676 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 36 of such title, as amended by section 6, is further amended
by adding at the end the following new item:
``3697C. Coordination and oversight.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1541-1542)
Read twice and referred to the Committee on Veterans' Affairs.
Committee on Veterans' Affairs. Hearings held. Hearings printed: S.Hrg. 112-567.
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