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1 2 3 4 5 6

TITLE XVIEDUCATIONAL ASSISTANCE FOR MEMBERS OF THE ARMED FORCES, VETERANS, AND OTHERS
SEC. 1601 [ARM12801]. SHORT TITLE.

This title may be cited as the GI Bill Consumer

7 Awareness Act of 2012. 8 9 10 11 12 13 14

SEC. 1602 [ARM12801]. PUBLICATION BY SECRETARY OF VETERANS AFFAIRS OF INFORMATION ABOUT EDUCATIONAL INSTITUTIONS.

(a) PUBLICATION. (1) IN

GENERAL.Subchapter

II of chapter 36

of title 38, United States Code, is amended by adding at the end the following new sections:

15 3697B. Publication of information about edu16 17

cational institutions

(a) PUBLICATION

OF

INFORMATION.The Sec-

18 retary shall, on an ongoing basis, make available to vet19 erans, members of the Armed Forces, and other individ20 uals eligible to receive or receiving assistance under this 21 chapter, any of chapters 30 through 35 of this title, or 22 any covered Department of Defense educational assistance 23 program or authorities the information described in sub-

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2 1 section (d) in language that can be easily understood by 2 such veterans, members, and other individuals. 3 (b) COLLECTION OF INFORMATION.(1) In order to

4 make the information described in subsection (d) available 5 as required by subsection (a), the Secretary shall take 6 such actions as may be necessary to obtain such informa7 tion. 8 (2) If the Secretary requires, for purposes of this

9 section, information that has been reported by an edu10 cational institution to the Secretary of Education, the Sec11 retary of Defense, the Secretary of Labor, or the heads 12 of other Federal agencies under a provision of law other 13 than under this section or section 3679A of this title, the 14 Secretary shall obtain such information from such Sec15 retary or head rather than the educational institution. 16 (3) Making information available under subsection

17 (a) shall not be required in a case in which the number 18 of students in a category is insufficient to yield statis19 tically reliable information or the results would reveal per20 sonally identifiable information about an individual stu21 dent. 22 23 (c) PARTNERSHIP WITH SECRETARY
CATION AND OF

EDU-

SECRETARY

OF

DEFENSE.(1) The Sec-

24 retary shall carry out subsections (a) and (b) in consulta-

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3 1 tion and cooperation with the Secretary of Education and 2 the Secretary of Defense. 3 (2) If the Secretary of Education or the Secretary

4 of Defense incur any costs in consulting or cooperating 5 with the Secretary of Veterans Affairs under paragraph 6 (1), the Secretary of Veterans Affairs shall reimburse the 7 Secretary concerned, from amounts appropriated to the 8 Secretary of Veterans Affairs, for such costs. 9 (d) INFORMATION.The information described in

10 this subsection is as follows: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) An explanation of the different types of accreditation available to educational institutions and programs of education. (2) A general overview of Federal student aid programs, the implications of incurring student loan debt, and discussion of how receipt of educational assistance under this chapter or any of chapters 30 through 35 of this title may enable students to complete programs of education without incurring significant educational debt. (3) For each educational institution at which an individual is enrolled in a program of education for which the individual receives assistance under this chapter, any of chapters 30 through 35 of this title, or any covered Department of Defense edu-

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4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cational assistance program or authorities, and for the most recent academic year for which information is available, the following: (A) The percentage of students who enroll in the first term of a program of education of the educational institution who on the date that is 1 year after the date of enrolling are not enrolled in any program of education at the educational institution. (B) The percentage of students enrolled in a program of education offered by the educational institution who complete the program of education within the normal time for completion of such program and the percentage of students enrolled in a program of education offered by the educational institution who complete the program of education within 150 percent of such period, disaggregated by students who receive and dont receive assistance for pursuit of the program of education under this chapter, any of chapters 30 through 35 of this title, or any covered Department of Defense educational assistance program or authorities. (C) The number of degrees and certificates awarded by the educational institution

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5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 and the number of students enrolled in programs of education at the educational institution that lead to a degree or a certificate. (D) The number of students enrolled in a program of education of the educational institution. (E) The rates of job placement of students who complete a program of education offered by the educational institution that prepares students for gainful employment in a recognized occupation and for other programs if such rates are available for such other programs. (F) The mean of the wages the students described in subparagraph (E) receive from their first positions of employment obtained after completing a program of education offered by the educational institution. (G) A description of the accreditation of the educational institution, if any, and the names of any national or regional accrediting agencies that have accredited the educational institution.

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6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (H) For each program of education offered by the educational institution, the following: (i) The percentage of students who enroll in the first term of the program of education who on the date that is 1 year after the date of enrolling are not enrolled in any program of education at the educational institution. (ii) The percentage of students enrolled in the program of education who complete the program of education within the normal time for completion of such program and the percentage of students enrolled in the program of education who complete the program of education within 150 percent of such period, disaggregated by students who receive and dont receive assistance for pursuit of the program of education under this chapter, any of chapters 30 through 35 of this title, or any covered Department of Defense educational assistance program or authorities. (iii) The number of degrees or certificates awarded by the educational insti-

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7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 tution to individuals who enrolled in the program of education. (iv) The number of students enrolled in the program of education. (v) If the program of education is designed to prepare a student for a particular occupation, whether such occupation generally requires licensing or certification in the State in which the educational institution is located and if so, whether successfully completing such program of education generally qualifies an individual (I) to obtain such licensing or certification; (II) to take an examination that is generally required to obtain such licensing or certification; or (III) to meet such other preconditions as may be necessary for employment in such occupation in such State. (vi) If the program of education is designed to prepare a student for a particular occupation that generally requires

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8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 licensing or certification in the State in which the educational institution is located, the percentage of students who completed such program of education who obtained such licensing or certification. (vii) The rates of job placement of students who complete the program of education for programs of education that prepare students for gainful employment in a recognized occupation and for other programs if such rates are available for such other programs. (viii) The mean of the wages the students described in clause (vii) receive from their first positions of employment obtained after completing the program of education. (ix) A description of the accreditation of the program of education, if any, and the names of any national or regional accrediting agencies that have accredited the program of education. (I) An explanation of the following: (i) Whether academic credits awarded by the educational institution are trans-

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9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ferable to public educational institutions in the State in which the educational institution is located. (ii) Any articulation agreements the educational institution may have with any other educational institutions. (iii) How the educational institution may or may not accept academic credit awarded by another educational institution, including whether the educational institution accepts the transfer of academic credits from the following: (I) The Army/American Council on Education Registry Transcript System. (II) The Sailor-Marine American Council on Education Registry Transcript. (III) The Community College of the Air Force. (IV) The United States Coast Guard Institute. (J) The average tuition and fees for all programs of education at the educational institution leading to a baccalaureate degree or less-

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10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 er degree, license, or certificate and the average tuition and fees charged by public educational institutions for similar programs of education, disaggregated by State. (K) The median amount of debt from Federal student loans under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), and to the degree practicable, private student loans, held upon completion of a program of education by an individual who received assistance under chapter 30, 32, 33, or 34 of this title for pursuit of such program of education at the educational institution. (L) 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. (M) With respect to the information reported under subparagraphs (K) and (L), indicators of how the educational institution compares with all public educational institutions offering comparable programs of education. (N) Whether the educational institution is a public, private nonprofit, or private for-profit institution.

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11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (O) The number of veterans enrolled in programs of education at the educational institution who are receiving assistance under this chapter, chapters 30 through 35 of this title, or any covered Department of Defense educational assistance programs or authorities for pursuit of such programs of education. (P) A description of the benefits and assistance veterans described in subparagraph (K) may be entitled to under the laws of the State or States in which the veterans receive instruction from the educational institution. (Q) A description of the educational institutions participation, if any, in the Yellow Ribbon G.I. Education Enhancement Program established under section 3317(a) of this title. (R) If the educational institution charges a lower rate of tuition for students who reside in the same State as the educational institution (i) identification of the requirements for students to obtain in-State status for such lower rate of tuition; and (ii) a list of educational institutions located or incorporated in the same State

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12 1 2 as the educational institution that waive such requirements for veterans.

3 3697C. Department of Defense educational assist4 5

ance programs and authorities

In this chapter, the term covered Department of

6 Defense educational assistance programs and authorities 7 means the programs and authorities as follows: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) The programs to assist military spouses in achieving education and training to expand employment and portable career opportunities under section 1784a of title 10. (2) The authority to pay tuition for off-duty training or education of members of the armed forces under section 2007 of title 10. (3) The program of educational assistance for members of the Selected Reserve under chapter 1606 of title 10. (4) The program of educational assistance for reserve component members supporting contingency operations and certain other operations under chapter 1607 of title 10. (5) Any other program or authority of the Department of Defense for assistance in education or training carried out under the laws administered by the Secretary of Defense that is designated by the

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13 1 2 3 4 5 6 Secretary of Defense, by regulation, for purposes of this chapter.. (2) CLERICAL

AMENDMENT.The

table of sec-

tions at the beginning of chapter 36 of such title is amended by inserting after the item relating to section 3697A the following new item:
3697B. Publication of information about educational institutions. 3697C. Department of Defense educational assistance programs and authorities..

7 8 9 10 11 12 13 14 15

(3) EFFECTIVE

DATE.The

amendments made

by this subsection shall take effect on the date that is 180 days after the date of the enactment of this Act, and not later than such date, the Secretary of Veterans Affairs shall begin making information available as described in subsection (a) of section 3697B of title 38, United States Code (as added by such amendments). (b) TRAINING
FOR

EMPLOYEES

OF

DEPARTMENT

OF

16 VETERANS AFFAIRS EDUCATION CALL CENTERS.Not 17 later than one year after the date of the enactment of this 18 Act, the Secretary of Veterans Affairs shall ensure that 19 appropriate employees of each of the education call centers 20 of the Department of Veterans Affairs receive appropriate 21 training regarding the information made available under 22 section 3697B of title 38, United States Code (as added 23 by subsection (a)).

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14 1 2 3 4 5 6 7 8
SEC. 1603 [ARM12801]. 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

ERANS

BY

SECRETARY

OF

VETBY

AFFAIRS
OF

OF

DEGREE PROGRAMS APPROVED

9 SECRETARY

EDUCATION.Clause (i) of section

10 3672(b)(2)(A) of title 38, United States Code, is amended 11 to read as follows: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (i) A course that is described by section 3675(a) of this title.. (b) APPROVAL
FAIRS OF BY

SECRETARY

OF

VETERANS AFBY

NON-DEGREE PROGRAMS APPROVED EDUCATION.

GENERAL.Section

SEC-

RETARY OF

(1) IN amended

3675 of such title is

(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

26 only approve a course that leads to an associate or higher

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15 1 degree when such course is an eligible program (as defined 2 in section 481 of the Higher Education Act of 1965 (20 3 U.S.C. 1088)) offered by an institution of higher edu4 cation (as defined in section 102 of such Act (20 U.S.C. 5 1002)) that has entered into, and is complying with, a pro6 gram participation agreement under section 487 of such 7 Act (20 U.S.C. 1094). 8 (b)(1) The Secretary or a State approving agency

9 may approve a course that does not lead to an associate 10 or higher degree when 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (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

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16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (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 teachers 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. 1395i3(f)(2)(A)(i) and 1396r(f)(2)(A)(i)). (2)(A) An educational institution shall submit an

17 application for approval of courses to the appropriate 18 State approving agency. In making application for ap19 proval, the institution (other than an elementary school 20 or secondary school) shall transmit to the State approving 21 agency copies of its catalog or bulletin which must be cer22 tified as true and correct in content and policy by an au23 thorized representative of the institution. 24 (B) Each catalog or bulletin transmitted by an insti-

25 tution under subparagraph (A) shall

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17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (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 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
AMENDMENTS.Such

title is

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 sec-

tions at the beginning of chapter 36 of such title is

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18 1 2 amended by striking the item relating to section 3675 and inserting the following new item:
3675. Approval of courses approved by Secretary of Education..

3 4

(c) APPROVAL
FAIRS OF

BY

SECRETARY

OF

VETERANS AFBY

NON-DEGREE PROGRAMS NOT APPROVED

5 SECRETARY OF EDUCATION. 6 7 8 (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 ap-

9 proved by the Secretary or a State approving agency under 10 section 3675 of this title shall be approved for the pur11 poses of this chapter unless 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (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-bycase basis, that approval of which would further the purposes of this chapter or any of chapters 30 through 35 of this title; and

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19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (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 courses 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

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20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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

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21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 REQUIRE-

MENTS 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 sec-

tions at the beginning of chapter 36 of such title is

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22 1 2 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) ASSISTANCE UNDER CERTAIN DEPARTMENT

OF

4 DEFENSE EDUCATIONAL ASSISTANCE PROGRAMS AVAIL5 6 7 8

ABLE FOR

USE ONLY AT CERTAIN INSTITUTIONS.

GENERAL.Chapter

(1) IN

101 of title 10,

United States Code, is amended by inserting after section 2006 the following new section:

9 2006a. Assistance for education and training: avail10 11 12

ability of certain assistance for use only at certain institutions

(a) IN GENERAL.Effective as of August, 1, 2013,

13 an individual eligible for assistance under a Department 14 of Defense educational assistance program or authority 15 covered by this section may, except as provided in sub16 section (b), only use such assistance for a course of edu17 cation when 18 19 20 21 22 23 24 (1) such course (A) 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

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23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 participation agreement under section 487 of such Act (20 U.S.C. 1094); (B) 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 (C) 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; (2) such course is accepted by the State department of education for credit for a teachers certificate; or (3) 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. 1395i3(f)(2)(A)(i) and 1396r(f)(2)(A)(i)). (b) WAIVER.The Secretary of Defense may, by

24 regulation, authorize the use of educational assistance 25 under a Department of Defense educational assistance

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24 1 program or authority covered by this section for edu2 cational expenses incurred for a course of education that 3 is not described in subsection (a) if the course 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) is accredited and approved by a nationally recognized accrediting agency or association; (2) was not an eligible program described in subsection (a) at any time during the most recent two-year period; (3) is a program that the Secretary determines would further the purposes of the educational assistance programs or authorities covered by this section, or would further the education interests of students eligible for assistance under the such programs or authorities; (4) in the case of a program consisting of less than 600 clock hours of instruction, or its equivalent, has verified completion and placement rates of at least 70 percent; (5) in the case of a program that prepares individuals for licensure or certification, has instructional curriculum that appropriately includes the licensure or certification requirements in the State in which the institution deems such curriculum does; (6) in the case of a program designed to prepare a student for employment in a recognized occu-

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25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 pation requiring approval or licensure for employment by a State board or agency, the program is approved or licensed by such State board or agency; and (7) the institution providing the program 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. (c) DEFINITION.In this section, the term Depart-

16 ment of Defense educational assistance programs and au17 thorities covered by this section means the programs and 18 authorities as follows: 19 20 21 22 23 24 25 (1) The programs to assist military spouses in achieving education and training to expand employment and portable career opportunities under section 1784a of this title. (2) The authority to pay tuition for off-duty training or education of members of the armed forces under section 2007 of this title.

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26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (3) The program of educational assistance for members of the Selected Reserve under chapter 1606 of this title. (4) The program of educational assistance for reserve component members supporting contingency operations and certain other operations under chapter 1607 of this title. (5) Any other program or authority of the Department of Defense for assistance in education or training carried out under the laws administered by the Secretary of Defense that is designated by the Secretary, by regulation, for purposes of this section.. (2) CLERICAL
AMENDMENT.The

table of sec-

tions at the beginning of chapter 101 of such title is amended by inserting after the item relating to section 2006 the following new item:
2006a. Assistance for education and training: availability of certain assistance for use only at certain institutions..

18

(e) EFFECTIVE DATE.The amendments made by

19 this section shall take effect on August 1, 2013.

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27 1 2 3 4 5
SEC. 1604 [ARM12801]. ADDITIONAL REQUIREMENTS OF EDUCATIONAL INSTITUTIONS FOR SUPPORT OF VETERANS AND MEMBERS OF THE ARMED FORCES.

(a) ADDITIONAL REQUIREMENTS UNDER TITLE

6 38. 7 8 9 (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:

10 3679A. Additional requirements 11 (a) AFFIRMATIVE REQUIREMENTS.A course of

12 education of an educational institution may not be ap13 proved under this chapter unless the educational institu14 tion carries out the following: 15 16 17 18 19 20 21 22 23 24 25 26 (1) Compiling and disclosing to the Secretary such information as the Secretary may require to carry out section 3697B of this title to the extent that such information is available to the educational institution. (2) If more than 10 veterans or members of the Armed Forces are enrolled in a course of education at the educational institution, ensuring that at least one full-time equivalent employee of the educational institution is knowledgeable about benefits and assistance available to veterans and members of the Armed Forces under laws administered by the

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28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Secretary of Veterans Affairs and the Secretary of Defense. (3) Ensuring that appropriate employees of the educational institution are trained and qualified to handle assistance provided under this chapter, chapters 30 through 35 of this title, and covered Department of Defense educational assistance programs and authorities. (4) If more than 10 veterans or members of the Armed Forces are enrolled in a course of education at the educational institution, providing academic advising and support services to veterans, including remediation, tutoring, career and placement counseling services, and referrals to centers for readjustment counseling and related mental health services for veterans under section 1712A of this title (known as vet centers). (5) Offering training for members of the faculty of the educational institution on matters that are relevant to veterans and members of the Armed Forces who are enrolled in courses of education at the educational institution. (6) Agreeing to abide by the policies developed under section 3696(b) of this title.

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29 1 2 3 4 5 6 7 8 (7) Establishing a point of contact for veterans enrolled in courses of education at the educational institution who can (A) assist such veterans in adjusting to student life at the educational institution; or (B) provide referrals to groups or organizations that provide such assistance. (b) PROHIBITIONS.A course of education of an

9 educational institution may not be approved under this 10 chapter if the educational institution 11 12 13 14 15 16 17 18 19 20 21 22 (1) requires a student enrolled in the course of education to waive the students right to legal recourse under any otherwise applicable provision of Federal or State law; or (2) requires a student enrolled in the course of education to submit to arbitration or imposes onerous legal notice provisions in the case of a dispute with the educational institution.. (2) CLERICAL
AMENDMENT.The

table of sec-

tions 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..

23

(b)

CONFORMING

AMENDMENT.Section

24 3672(b)(2)(A) of such title is amended by striking and 25 3696 and inserting 3696, and 3697B.

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30 1 (c) EFFECTIVE DATE.Section 3679A of title 38,

2 United States Code (as added by subsection (a)), shall 3 take effect on the date that is 180 days after the date 4 of the enactment of this Act. 5 6 7 8
SEC. 1605 [ARM12801]. PROTECTIONS FOR VETERANS AND MEMBERS OF THE ARMED FORCES ATTENDING EDUCATIONAL INSTITUTIONS.

(a) POLICIES TO CURB AGGRESSIVE RECRUITING.

9 Section 3696 of title 38, United States Code, is amend10 ed 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) in subsection (a) (A) by inserting , including utilizing third-party lead generators that gather names of prospective students through the use deceptive or misleading acts or practices before the period at the end; and (B) by inserting (1) before The Secretary; (2) by redesignating subsections (b) and (c) as paragraphs (2) and (3), respectively; (3) in paragraph (3), as redesignated by paragraph (2), by striking under subsection (a) each place it appears and inserting under paragraph (1);

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31 1 2 3 4 5 (4) by striking this section each place it appears and inserting this subsection; and (5) by adding at the end the following new subsection (b): (b) Not later than 90 days after the date of the en-

6 actment of the GI Bill Consumer Awareness Act of 2012, 7 the Secretary of Veterans Affairs and the Secretary of De8 fense shall jointly develop policies to curb aggressive re9 cruiting of veterans and members of the Armed Forces 10 by educational institutions.. 11 (b) PROHIBITION
ON

INDUCEMENTS.Such section

12 is further amended by adding at the end the following new 13 subsection: 14 (c) The Secretary shall not approve a course offered

15 by an educational institution if the educational institution 16 uses inducements or provides any gratuity, favor, dis17 count, entertainment, hospitality loan, transportation, 18 lodging, meals, or other item having a monetary value of 19 more than a de minimis amount to any individual or entity 20 (other than salaries paid to employees or fees paid to con21 tractors in conformity with all applicable provisions of law) 22 for the purpose of securing enrollments.. 23 (c) WORKING GROUP.

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32 1 2 3 (1) IN
GENERAL.Chapter

36 of such title is

amended by inserting after section 3692 the following new section:

4 3692A. Working group 5 (a) ESTABLISHMENT.Not later than 60 days after

6 the date of the enactment of the GI Bill Consumer Aware7 ness Act of 2012, the Secretary of Veterans Affairs and 8 the Secretary of Defense shall jointly, in consultation with 9 the Secretary of Education, establish a working group 10 11 12 13 14 15 16 17 18 19 20 (1) to coordinate consumer protection efforts of the Department of Veterans Affairs and the Department of Defense with respect to educational assistance provided under this chapter, chapters 30 through 35 of this title, and covered Department of Defense educational assistance programs and authorities; and (2) to develop policies related to postsecondary education marketing and recruitment of veterans and members of the Armed Forces. (b) DUTIES.In coordinating efforts and devel-

21 oping policies under subsection (a), the working group 22 shall 23 24 25 (1) survey veterans and members of the Armed Forces who have received educational assistance described in subsection (a)(1) to obtain feed-

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33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 back on the educational assistance received and on the program of education for which such assistance was received; (2) review marketing and recruitment practices carried out by educational institutions to determine whether the advertising practices of such institutions might be detrimental to veterans and members of the Armed Forces, including a review of Internet websites used for marketing and advertising campaigns targeted towards veterans and members of the Armed Forces; and (3) monitor the overall postsecondary education market for developments that affect veterans and members of the Armed Forces. (c) CONSULTATION.In carrying out its duties

16 under this section, the working group shall consult with 17 appropriate Federal agencies (including the Department 18 of Education and the Consumer Federal Protection Bu19 reau), consumer protection groups, veterans service orga20 nizations, military service organizations, representatives of 21 educational institutions, and representatives of such other 22 groups or organizations as the Secretaries consider appro23 priate.

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34 1 (d) EXEMPTION FROM FACA.The Federal Advi-

2 sory Committee Act (5 U.S.C. App.) shall not apply to 3 the working group established under subsection (a). 4 5 (e)
FINED.In

VETERANS

SERVICE

ORGANIZATION

DE -

this section, the term veterans service organi-

6 zation means any organization recognized by the Sec7 retary for the representation of veterans under section 8 5902 of this title.. 9 10 11 12 (2) CLERICAL
AMENDMENT.The

table of sec-

tions at the beginning of chapter 36 of such title is amended by inserting after the item relating to section 3692 the following new item:
3692A. Working group..

13 14 15 16 17 18 19 20 21 22 23 24

(3) REPORT.Not later than 180 days after the date of the enactment of this Act, the working group established under section 3692A of title 38 United States Code (as added by paragraph (1)), shall submit to Congress a report on the activities of the working group under such section, including the following: (A) The findings of the working group. (B) The actions taken by the working group. (C) The policies developed by the working group.

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35 1 2 3 4 5 6 7 8 (D) Recommendations for such legislative and regulatory action as may be necessary to coordinate as described in paragraph (1) of section 3692A(a) of such title and develop policies as described in paragraph (2) of such section. (d) POLICIES
TWEEN FAIRS, ON OF

CONFLICTS

OF OF

INTEREST BEVETERANS AFEDUCATIONAL

EMPLOYEES

DEPARTMENT DEFENSE,

DEPARTMENT

OF

AND

9 INSTITUTIONS.Section 3683 of such title is amended by 10 adding at the end the following new subsection: 11 (e) The Secretary of Veterans Affairs and the Sec-

12 retary of Defense shall develop policies for employees of 13 the Department of Veterans Affairs and the Department 14 of Defense, respectively, regarding conflicts of interest be15 tween employees of such departments and educational in16 stitutions.. 17 18 19 20 21
SEC. 1606 [ARM12801]. ASSESSMENT OF QUALITY AND DELIVERY OF CAREER TO INFORMATION OF AND

COUNSELING

MEMBERS

ARMED

FORCES AND VETERANS.

(a) IN GENERAL.Not later than 180 days after the

22 date of the enactment of this Act, the Secretary of Defense 23 and the Secretary of Veterans Affairs shall, in collabora24 tion with the Secretary of Labor and the Secretary of 25 Education, assess the quality and delivery of career infor-

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36 1 mation and counseling provided to members of the Armed 2 Forces and veterans enrolled in (or planning to enroll in) 3 programs of education with assistance under the Depart4 ment of Defense educational assistance programs and au5 thorities covered by this section or any of chapters 30 6 through 36 of title 38, United States Code. Such assess7 ment shall address, at minimum, the following: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) Whether such information and counseling is relevant to the labor markets in which such members or veterans plan to relocate, if applicable. (2) Whether such information and counseling identifies careers that are available in in-demand occupations and industries in such labor markets. (3) Whether such information and counseling identifies the education and credentials required for such careers. (4) Whether assessments provided to such members and veterans as part of such counseling of the skills and credentials of such members and veterans match such skills and credentials with the skills and credentials required for jobs in the civilian workforce. (5) Whether the assessments described in paragraph (4) identify the additional skills or credentials members and veterans described in such paragraph

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37 1 2 3 4 5 6 7 8 9 10
ERY

may need for employment in jobs in the civilian workforce. (6) Whether such information identifies the education and training programs that provide the skills necessary for such careers in such labor markets. (7) Whether such information is provided in a timely manner. (b) COLLABORATION WITH
THE

ONE-STOP DELIV-

SYSTEM AND TRANSITION ASSISTANCE PROGRAMS.

11 In carrying out subsection (a), the Secretary of Defense 12 and the Secretary of Veterans Affairs shall, in collabora13 tion with the Secretary of Labor, determine how programs 14 that provide education and career counseling services to 15 members of the Armed Forces and veterans under laws 16 administered by the Secretary of Defense and the Sec17 retary of Veterans Affairs should 18 19 20 21 22 23 24 25 (1) collaborate and improve information sharing with one-stop delivery systems established under section 134(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c)), including collaboration through electronic means, to provide the information described in subsection (a) to the members of the Armed Forces before such members transition from service in the Armed Forces to civilian life; and

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38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 (2) coordinate with (A) each other; (B) the Transition Assistance Program (TAP) of the Department of Defense; (C) the services provided under sections 1142, 1143, and 1144 of title 10, United States Code; (D) the programs established under section 235(b) of the VOW to Hire Heroes Act of 2011 (Public Law 11256; 38 U.S.C. 4214 note); and (E) the demonstration project established under section 4114 of title 38, United States Code. (c) REPORT.Not later than 180 days after the date

16 of the enactment of this Act, the Secretary of Defense and 17 the Secretary of Veterans Affairs shall submit to the ap18 propriate committees of Congress a report on the assess19 ment completed under subsection (a), including rec20 ommendations for such legislative, regulatory, and admin21 istrative action as the Secretaries consider necessary to 22 improve the provision of career information relevant to 23 programs of education pursued by members of the Armed 24 Forces and veterans to such members and veterans. 25 (d) DEFINITIONS.In this section:

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39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 (1) The term appropriate committees of Congress means (A) the Committee on Armed Services, the Committee on Veterans Affairs, and the Committee on Health, Education, Labor, and Pensions of the Senate; and (B) the Committee on Armed Services, the Committee on Veterans Affairs, and the Committee on Education and the Workforce of the House of Representatives (2) The term Department of Defense educational assistance programs and authorities covered by this section has the meaning given the term covered Department of Defense educational assistance programs and authorities in section 3697C of title 38, United States Code (as added by section 1603 of this Act).
SEC. 1607 [ARM12801]. EXPANSION OF ELIGIBILITY FOR EDUCATIONAL SELING. AND VOCATIONAL COUN-

Section 3697A(b) of title 38, United States Code, is

22 amended 23 24 25 (1) by striking paragraphs (2) and (3); (2) in paragraph (1), by adding or at the end; and

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40 1 2 3 4 5 6 7 8 9 (3) by adding at the end the following new paragraph (2): (2) is serving on active duty in any State with the Armed Forces and has served in the Armed Forces on active duty for not fewer than 180 days..
SEC. 1608 [ARM12801]. SUBMITTAL OF COMPLAINTS REGARDING PROGRAMS OF EDUCATION AND EDUCATIONAL ASSISTANCE.

(a) IN GENERAL.Chapter 36 of title 38, United

10 States Code, is amended by inserting after section 3693 11 the following new section: 12 3693A. Complaint process 13 (a) SUBMITTAL
OF

COMPLAINTS.The Secretary

14 shall establish procedures for submittal to the Secretary 15 of complaints by a students who are pursuing programs 16 of education with assistance under this chapter, any of 17 chapters 30 through 35 of this title, or any covered De18 partment of Defense educational assistance programs or 19 authorities regarding such programs of education or such 20 assistance. 21 (b) DATABASE.The Secretary shall establish a

22 database to store complaints submitted under subsection 23 (a) to enable the Secretary

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41 1 2 3 4 5 6 7 8 9 10 11 (1) to improve the provision of assistance under this chapter and chapters 30 through 35 of this title; (2) to improve the provision of educational and vocational counseling under section 3697A of this title; and (3) to identify problems with the programs of education or assistance described in subsection (a) that warrant further investigation by the Secretary.. (b) CLERICAL AMENDMENT.The table of sections

12 at the beginning of chapter 36 of such title is amended 13 by inserting after the item relating to section 3693 the 14 following new item:
3693A. Complaint process..

15 16 17 18 19 20

SEC. 1609 [ARM12801]. COLLECTION AND DISSEMINATION OF BEST PRACTICES FOR PROVISION BY EDUCATIONAL INSTITUTIONS OF ASSISTANCE TO STUDENTS WHO ARE VETERANS OR MEMBERS OF THE ARMED FORCES.

(a) IN GENERAL.Not later than one year after the

21 date of the enactment of this Act and two and four years 22 thereafter, the Secretary of Veterans Affairs shall, in col23 laboration with the Secretary of Education and the Sec24 retary of Defense, collect and disseminate information 25 about best practices for the provision by educational insti-

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42 1 tutions of assistance to students who are veterans and stu2 dents who are members of the Armed Forces to help them 3 successfully enter, persist in, and complete programs of 4 education. 5 6 (b) CONSULTATION WITH VETERANS SERVICE ORGANIZATIONS.In

carrying out subsection (a), the Sec-

7 retary of Veterans Affairs shall consult with veterans serv8 ice organizations and educational institutions. 9 10 11
SEC. 1610 [ARM12810]. DEDICATED POINTS OF CONTACT FOR SCHOOL CERTIFYING OFFICIALS.

Section 3684 of title 38, United States Code, is

12 amended by adding at the end the following new sub13 section: 14 (d) Not later than 90 days after the date of the en-

15 actment of the GI Bill Consumer Awareness Act of 2012, 16 the Secretary shall ensure that the Department employs 17 personnel dedicated to assisting personnel of educational 18 institutions who are charged with submitting reports or 19 certifications to the Secretary under this section.. 20 21 22 23 24
SEC. 1611 [ARM12801]. REPORT ON NUMBER OF RECIPIENTS OF EDUCATIONAL ASSISTANCE UNDER LAWS ADMINISTERED ERANS AFFAIRS. BY SECRETARY OF VET-

(a) IN GENERAL.Not later than 180 days after the

25 date of the enactment of this Act, the Secretary of Vet-

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43 1 erans Affairs shall submit to the Committee on Veterans 2 Affairs of the Senate and the Committee on Veterans Af3 fairs of the House of Representatives a report on the re4 ceipt of educational assistance under laws administered by 5 the Secretary during the last academic year ending before 6 the submittal of the report. 7 (b) ELEMENTS.The report required by subsection

8 (a) shall include the following, for the period covered by 9 the report: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) A list of all educational institutions at which an individual is enrolled in a program of education for which the individual receives assistance under a law administered by the Secretary. (2) For each educational institution listed under paragraph (1), the number of individuals who receive assistance under a law administered by the Secretary to pursue a program of education at the educational institution. (3) For each educational institution listed under paragraph (1), the total amount of assistance paid under laws administered by the Secretary to individuals enrolled in programs of education at the educational institution for pursuit of such programs and paid to the educational institution for the education of individuals.

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44 1 2 3 4
SEC. 1612 [ARM12801]. PERFORMANCE METRICS FOR DEPARTMENT OF DEFENSE EDUCATION AND WORKFORCE TRAINING PROGRAMS.

(a) ESTABLISHMENT

OF

METRICS.Not later than

5 180 days after the date of the enactment of this Act, the 6 Secretary of Defense shall, in consultation with the Sec7 retary of Education and the Secretary of Labor, establish 8 metrics for tracking the successful completion of education 9 and workforce training programs carried out under laws 10 administered by the Secretary of Defense. 11 (b) REPORT
ON

METRICS.Not later than 180 days

12 after the date of the enactment of this Act, the Secretary 13 of Defense shall submit to the congressional defense com14 mittees a report on the metrics establish under subsection 15 (a), including a description of each such metric. 16 (c) ANNUAL ASSESSMENT.Not later than one year

17 after the date of the enactment of this Act and not less 18 frequently than once each year thereafter, the Secretary 19 of Defense shall submit to the congressional defense com20 mittees an assessment of the education and workforce 21 training programs described in subsection (a) using the 22 metrics established under such subsection. 23 24
SEC. 1613 [ARM12801]. PRIVACY.

Nothing in this title or any of the amendments made

25 by this title shall be construed to authorize the Secretary 26 of Veterans Affairs, the Secretary of Defense, the Sec-

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45 1 retary of Education, or the Secretary of Labor to release 2 to the public information about an individual that is other3 wise prohibited by a provision of law. 4 5 6 7 8 9 10 11 12 13 14 15
SEC. 1614 [ARM12801]. DEFINITIONS.

In this title: (1) EDUCATIONAL

OF EDUCATION.The INSTITUTION AND PROGRAM

terms educational institu-

tion and program of education have the meanings given such terms in section 3501 of title 38, United States Code. (2) VETERANS
SERVICE ORGANIZATION.The

term veterans service organization means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of such title.