Servicemember Education Reform and Vocational Enhancement Act of 2013 or the SERVE Act of 2013 - Authorizes the Secretary of Veterans Affairs 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. Provides conditions under which the VA Secretary or an SAA may approve a course that does not lead to an associate or higher degree or is not approved by the Secretary of Education.
Requires educational institutions that enroll veterans to: (1) provide, upon the request of the VA Secretary, information about their educational programs, including accreditation, tuition, and graduation rates for disclosure to veterans; and (2) provide academic or career counseling to such veterans.
Requires each SAA, as a condition of receiving VA reimbursement for program approval activities, to conduct education and outreach activities to assist veterans in making well-informed choices about their education and successful transition into an educational environment. Requires: (1) SAAs to conduct annual audits of educational institutions that have VA program participants, and (2) the VA Secretary to conduct mandatory compliance reviews of such institutions.
Requires the VA Secretary, in cooperation with specified federal officials and state agencies, to commence a five-state pilot program to assess the feasibility and advisability of developing policy, processes, and best practices to: (1) ensure the availability of educational assistance providing on-job or vocational training for military personnel who served on active duty on or after September 11, 2001, and (2) encourage veterans to pursue such educational assistance. Requires the VA Secretary, under such pilot program, to conduct outreach to members of the Armed Forces and veterans on the availability of such educational assistance, the benefits of such assistance, and the process for obtaining such assistance.
Requires reports by the VA Secretary and the Secretary of Defense (DOD) under the post 9/11 educational assistance program to: (1) be disaggregated by for-profit and not-for-profit educational institutions; (2) include all substantiated reports of misrepresentation, waste, fraud, abuse by educational institutions at which veterans are enrolled in an educational program administered by VA or DOD; and (3) provide a list of all previously approved educational institutions serving veterans that are no longer in compliance with VA or DOD requirements for educational assistance programs.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1717 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1717
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
November 14, 2013
Mr. Kaine (for himself and Mr. Chambliss) 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 ``Servicemember Education Reform and
Vocational Enhancement Act of 2013'' or the ``SERVE Act of 2013''.
SEC. 2. ADDITIONAL REQUIREMENTS FOR APPROVAL OF COURSES OF EDUCATION
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
(18); and
(B) by inserting after paragraph (13) the following
new paragraphs:
``(14) 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.
``(15) 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.
``(16) 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.
``(17) 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)).''.
(3) 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''.
(4) 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, 2014.
SEC. 3. REQUIREMENT THAT EDUCATIONAL INSTITUTIONS FURNISH SECRETARY OF
VETERANS AFFAIRS WITH INFORMATION NECESSARY TO PROVIDE
EDUCATION INFORMATION TO VETERANS.
Section 3698 of title 38, United States Code, is amended--
(1) redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Authority To Obtain Information From Educational
Institutions.--(1) If the Secretary determines that the Secretary
requires information from an educational institution to provide
information pursuant to subsection (b)(5), the Secretary may request
such information from such educational institution.
``(2) The Secretary may not approve a course offered by an
educational institution under this chapter if such educational
institution fails to comply with a request made by the Secretary under
paragraph (1).''.
SEC. 4. REQUIREMENT THAT EDUCATIONAL INSTITUTIONS PROVIDE ACADEMIC OR
CAREER COUNSELING TO VETERANS AND MEMBERS OF ARMED
FORCES.
(a) Academic and Career Counseling.--
(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. Provision of academic or career counseling
``(a) In General.--(1) An educational institution with a covered
individual enrolled in programs of education at the educational
institution may not be approved under this chapter unless the
educational institution provides academic or career counseling to each
covered individual enrolled in a program of education at the
educational institution.
``(2) Counseling provided under paragraph (1) to a covered
individual shall be provided before the educational institution
receives any amount from the Secretary for the individual's pursuit of
a program of education.
``(3) At a minimum, the academic or career counseling provided
under paragraph (1) shall include the following:
``(A) An overview of the educational assistance resources
available to the individual at the educational institution.
``(B) Discussion of how enrollment in the individual's
program of education will further the student's academic or
career goals.
``(4) The Secretary shall encourage educational institutions to
assist covered individuals in developing a personalized academic and
career plan as part of individualized, one-on-one educational
counseling provided under paragraph (1).
``(b) Waiver.--The Secretary may, on a case-by-case basis, waive
the requirement to provide academic or career counseling under
paragraph (1) for an educational institution for an academic year if--
``(1) the Secretary determines that the educational institution has
demonstrated that providing such counseling during such academic year
would lead to severe financial hardship; and
``(2) the educational institution submits to the Secretary a plan
to provide such counseling during the following academic year.
``(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. Provision of academic or career counseling.''.
(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, 2014.
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, 2014.
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 student dropout rate of the institution has
increased rapidly.
``(2) 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.
``(3) The number of substantiated complaints filed with the
centralized complaint system established under section 4 of
Executive Order 13607 (77 Fed. Reg. 25863) 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.
``(4) 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.
``(5) 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.
``(6) 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, 2014.
SEC. 7. PILOT PROGRAM ON FACILITATING PURSUIT OF PROGRAMS OF
APPRENTICESHIP AND OTHER ON-JOB TRAINING WITH EDUCATIONAL
ASSISTANCE UNDER POST-9/11 EDUCATIONAL ASSISTANCE.
(a) Pilot Program Required.--The Secretary of Veterans Affairs, in
cooperation with the Secretary of Defense, the Secretary of Education,
the Secretary of Labor, and such State agencies as the Secretary of
Veterans Affairs considers appropriate, shall commence a pilot program
to assess the feasibility and advisability of developing policy,
processes, and best practices--
(1) to ensure the availability of covered programs of
education to veterans seeking to pursue such programs with
educational assistance under chapter 33 of title 38, United
States Code; and
(2) to encourage veterans to pursue covered programs of
education with educational assistance under such chapter.
(b) Covered Programs of Education.--For purposes of this section, a
covered program of education is--
(1) a program of apprenticeship or other on-job training;
or
(2) a program of vocational training that is developed with
the intent and the ability to place veterans in positions of
employment with identified companies in specific career fields.
(c) Locations.--The Secretary of Veterans Affairs shall carry out
the pilot program in five States selected by the Secretary for purposes
of the pilot program.
(d) Outreach.--Under the pilot program, the Secretary of Veterans
Affairs shall conduct outreach as follows:
(1) To members of the Armed Forces and veterans through the
Transition Assistance Program (TAP), veterans service
organizations, one-stop centers, workforce investment boards
and agencies, the Disabled Veterans' Outreach Program, local
employment representatives, education and employment centers of
the Department of Veterans Affairs, and such other methods,
programs, and venues as the Secretary of Veterans Affairs
considers appropriate on--
(A) the availability of educational assistance
under chapter 33 of title 38, United States Code, for
the pursuit of a covered program of education;
(B) the benefits of pursuing a covered program of
education; and
(C) the process for obtaining such assistance.
(2) To members of the business community and nonprofit
organizations on any tax, financial, or other incentives or
benefits as may be available--
(A) for providing programs of apprenticeship or
other on-job training to individuals eligible for
educational assistance under such chapter to pursue
such programs; or
(B) for cooperating with or supporting a program
described in subsection (b)(2).
(e) Definitions.--In this section;
(1) One-stop center.--The term ``one-stop center'' means a
center described in section 134(c) of the Workforce Investment
Act of 1998 (29 U.S.C. 2864(c)).
(2) Veterans service organization.--The term ``veterans
service organization'' means an organization recognized by the
Secretary of Veterans Affairs for the representation of
veterans under section 5902 of title 38, United States Code.
SEC. 8. EXPANSION OF REPORTING REQUIREMENTS.
Section 3325 of title 38, United States Code, is amended--
(1) in subsection (a)(1), by inserting ``and chapters 106A
and 1606 of title 10'' after ``this chapter'';
(2) in subsection (b), in the matter before paragraph (1),
by inserting ``, disaggregated by for-profit and not-for-profit
educational institutions'' after ``this section'';
(3) in subsection (c), in the matter before paragraph (1),
by inserting ``, disaggregated by for-profit and not-for-profit
educational institutions'' after ``this section'';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following new
subsection (d):
``(d) Contents of Reports of Both Secretaries.--Each secretary
shall include in each report submitted under this section, for the
period covered by the report and disaggregated by for-profit and not-
for-profit educational institutions, the following:
``(1) All substantiated reports of misrepresentation,
waste, fraud, abuse, or other acts that are inconsistent with
the requirements of chapter 36 of this title 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, including complaints filed with the centralized
complaint system established under section 4 of Executive Order
13607 (77 Fed. Reg. 25863).
``(2) A list of educational institutions which had courses
of education that were approved under chapter 36 of this title
in the previous year but were found, in the year covered by the
report, not in compliance with a requirement of such
chapter.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S8054-8055)
Read twice and referred to the Committee on Veterans' Affairs.
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