S 2206 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 2206CommentsClose CommentsPermalink

To amend title 38, United States Code, to require the Secretary of Veterans Affairs to provide educational counseling to individuals eligible for educational assistance under laws administered by the Secretary before such individuals receive such assistance, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

March 20, 2012CommentsClose CommentsPermalink

Mr. LAUTENBERG (for himself, Mr. RUBIO, Mr. BROWN of Massachusetts, Mr. MERKLEY, Ms. MIKULSKI, and Mr. HARKIN) introduced the following bill; which was read twice and referred to the Committee on Veterans’ AffairsCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend title 38, United States Code, to require the Secretary of Veterans Affairs to provide educational counseling to individuals eligible for educational assistance under laws administered by the Secretary before such individuals receive such assistance, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘GI Educational Freedom Act of 2012’.CommentsClose CommentsPermalink

SEC. 2. REQUIREMENT FOR PROVISION OF EDUCATIONAL COUNSELING TO INDIVIDUALS BEFORE SUCH INDIVIDUALS RECEIVE EDUCATIONAL ASSISTANCE PROVIDED UNDER LAWS ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS.

(a) In General- Section 3697A of title 38, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (b) the following new subsection (c):CommentsClose CommentsPermalink





‘(c)(1) Except as provided in paragraph (2), in the case of an individual described in subsection (b)(1), the counseling services described in subsection (a) shall be required to be provided to the individual before the individual receives the educational assistance described in such subsection.CommentsClose CommentsPermalink





‘(2) The requirement to provide counseling services under paragraph (1) shall not apply with respect to an individual described in such paragraph who communicates to the Secretary, before receiving educational assistance described in such paragraph, that the individual declines the counseling services provided under such paragraph.CommentsClose CommentsPermalink





‘(3) For each individual to whom the Secretary provides counseling services under paragraph (1), the Secretary shall provide to the individual, as part of such services and to the degree that information necessary to carry out this paragraph is available to the Secretary, the following:CommentsClose CommentsPermalink





‘(A) An explanation of the different types of accreditation and State certification and licensure available to educational institutions and programs of education and a discussion of how such accreditation, certification, and licensure can be important for meeting preconditions of employment.CommentsClose CommentsPermalink





‘(B) A discussion of how the various policies of educational institutions regarding the transfer of academic credit can affect the individual and what kinds of issues are commonly encountered by students trying to transfer academic credit.CommentsClose CommentsPermalink





‘(C) An overview of Federal student aid programs, the implications of incurring student loan debt, and discussion of how receipt of Federal student aid can enable a student to complete a program of education without incurring significant educational debt.CommentsClose CommentsPermalink





‘(D) A comprehensive assessment of the type and amount of educational assistance available to the individual under Federal law and under the laws of the State in which the individual resides and of any other State of the individual’s choosing.CommentsClose CommentsPermalink





‘(E) If the individual has not developed an academic plan, a discussion about the importance of developing an academic plan.CommentsClose CommentsPermalink





‘(F) A comprehensive list of educational institutions located in the State in which the individual resides and in any other State of the individual’s choosing.CommentsClose CommentsPermalink





‘(G) For each educational institution listed under subparagraph (F), the following information, if available, in a format that allows for easy comparison of educational institutions:CommentsClose CommentsPermalink





‘(i) Whether financial assistance is available to a student enrolled in a program of education at the educational institution under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).CommentsClose CommentsPermalink





‘(ii) The number of veterans enrolled in a program of education at the educational institution who received educational assistance under a law administered by the Secretary in the most recently completed academic year.CommentsClose CommentsPermalink





‘(iii) A list of--CommentsClose CommentsPermalink





‘(I) academic and student support services provided by the educational institution to students enrolled in programs of education at the educational institution, including job placement and career counseling services; andCommentsClose CommentsPermalink





‘(II) special services or benefits currently provided by the educational institution that address the unique needs of veterans.CommentsClose CommentsPermalink





‘(iv) With respect to the three-year period ending at the end of the most recently completed academic year, the median amount of student loan debt held upon completion of a program of education at the educational institution by veterans described in clause (ii).CommentsClose CommentsPermalink





‘(v) 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.CommentsClose CommentsPermalink





‘(vi) With respect to the three-year period ending at the end of the most recently completed academic year--CommentsClose CommentsPermalink





‘(I) the average number of veterans who received a degree from the educational institution for completing a program of education;CommentsClose CommentsPermalink





‘(II) the average number of people who received a degree from the educational institution for completing a program of education;CommentsClose CommentsPermalink





‘(III) the average number of veterans enrolled in programs of education at the educational institution; andCommentsClose CommentsPermalink





‘(IV) the average number of people enrolled in programs of education at the educational institution.CommentsClose CommentsPermalink





‘(vii) In the case of an educational institution that offers a program of education designed to prepare people for a State licensure exam, the percentage of such students who take and pass such exam.CommentsClose CommentsPermalink





‘(viii) For each program of education at the educational institution, the average amount of tuition and fees the educational institution charges a student for completing the program of education within normal time (as defined in section 668.41(a) of title 34, Code of Federal Regulations (or any corresponding similar regulation or ruling)), the typical costs for books and supplies (unless those costs are included as part of tuition and fees), and the cost of room and board, if applicable, and a calculation of how much of such costs can be covered by educational assistance available to the individual under laws administered by the Secretary.CommentsClose CommentsPermalink





‘(ix) A description of the status of the accreditation of the educational institution and each program of education offered by the educational institution and a discussion of the significance of such status.CommentsClose CommentsPermalink





‘(x) The median, for all veterans described in subsection (b)(1) who complete a program of education at the education institution that is an eligible program of training to prepare students for gainful employment in a recognized occupation (as described in section 102(b)(1)(A)(i) of the Higher Education Act of 1965 (20 U.S.C. 1002(b)(1)(A)(i))), of the duration of each period beginning on the date on which a veteran completes a program of education at the educational institution and the date on which the veteran first obtains employment after completing such program.CommentsClose CommentsPermalink





‘(xi) The median, for all people who complete a program of education at the education institution that is an eligible program of training to prepare students for gainful employment in a recognized occupation (as described in section 102(b)(1)(A)(i) of the Higher Education Act of 1965 (20 U.S.C. 1002(b)(1)(A)(i))), of the duration of each period beginning on the date on which a person completes a program of education at the educational institution and the date on which the person first obtains employment after completing such program.CommentsClose CommentsPermalink





‘(xii) The percentages of veterans and the percentages of people enrolled in programs of education at the educational institution who obtain a degree or certificate within--CommentsClose CommentsPermalink





‘(I) the normal time for completion of, or graduate from, the veteran’s or person’s program, as the case may be;CommentsClose CommentsPermalink





‘(II) 150 percent of the normal time for completion of, or graduation from, the veteran’s or person’s program, as the case may be; andCommentsClose CommentsPermalink





‘(III) 200 percent of the normal time for completion of, or graduation from, the veteran’s or person’s program, as the case may be.CommentsClose CommentsPermalink





‘(xiii) The number of students enrolled in a program of education at the educational institution and the number of such students who submit a complaint to the Secretary under section 3693A(a) of this title.CommentsClose CommentsPermalink





‘(xiv) Whether the educational institution has been reported by a Federal or State agency or a nationally or regionally recognized accrediting agency or association as failing to comply with, or has a significant risk of failing to comply with, a provision of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).CommentsClose CommentsPermalink





‘(xv) A description of the topics or subjects of the most numerous complaints filed during the most recent three-year period under section 3693A of this title with respect to the educational institution.CommentsClose CommentsPermalink





‘(xvi) With respect to each of clauses (i) through (xiv), how the educational institution compares with other educational institutions as follows:CommentsClose CommentsPermalink





‘(I) If the educational institution is a four-year educational institution, how the educational institution compares with the average of all four-year educational institutions.CommentsClose CommentsPermalink





‘(II) If the educational institution is a two-year educational institution, how the educational institution compares with the average of all two-year educational institutions.CommentsClose CommentsPermalink





‘(III) If the educational institution is a less than two-year educational institution, how the educational institution compares with the average of all less than two-year educational institutions.CommentsClose CommentsPermalink





‘(xvii) Such other information as the Secretary considers appropriate to assist the individual in selecting an educational institution or training establishment as described in subsection (a)(1).CommentsClose CommentsPermalink





‘(4) The Secretary may obtain such information as the Secretary requires to carry paragraph (3) from the Secretary of Education, the Secretary of Defense, and the heads of such other Federal agencies as the Secretary considers appropriate.CommentsClose CommentsPermalink





‘(5) The Secretary shall make available to the public on an Internet website such information provided under paragraph (3) as the Secretary considers appropriate.CommentsClose CommentsPermalink





‘(6) Making information available under paragraphs (3) and (5) shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about a student.’.CommentsClose CommentsPermalink





(b) Effective Date- Subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act and subsection (c) of section 3697A of such title, as added by such subsection, shall apply with respect to individuals who apply for educational assistance described in subsection (b)(1) of such section on or after such date.CommentsClose CommentsPermalink

SEC. 3. REPEAL OF LIMITATION ON PAYMENTS FOR CONTRACT EDUCATIONAL AND VOCATIONAL COUNSELING PROVIDED BY SECRETARY OF VETERANS AFFAIRS.

Section 3697 of title 38, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking subsection (b); andCommentsClose CommentsPermalink





(2) in subsection (a), by striking ‘(a) Subject to subsection (b) of this section, educational’ and inserting ‘Educational’.CommentsClose CommentsPermalink

SEC. 4. VETERANS’ EDUCATION CONSUMER COMPLAINT TRACKING SYSTEM.

(a) In General- Chapter 36 of title 38, United States Code, is amended by inserting after section 3693 the following new section:CommentsClose CommentsPermalink

‘Sec. 3693A. Complaint tracking system

‘(a) Establishment- Not later than 180 days after the date of the enactment of this section, the Secretary shall establish a system to collect, process, and track complaints submitted to the Secretary by individuals who are enrolled in programs of education at educational institutions to report instances of fraud, waste, and abuse by such institutions with respect to the benefits and services provided by such institutions to such individuals.CommentsClose CommentsPermalink





‘(b) Requirements- This system established under subsection (a) shall meet the following requirements:CommentsClose CommentsPermalink





‘(1) The system shall create an individual case number for each complaint processed and tracked in the system.CommentsClose CommentsPermalink





‘(2) The system shall allow for the reporting of complaints, disaggregated by educational institution.CommentsClose CommentsPermalink





‘(3) The system shall allow for the reporting of complaints, disaggregated by topic or subject matter.CommentsClose CommentsPermalink





‘(4) The system shall allow for the submittal of complaints by--CommentsClose CommentsPermalink





‘(A) Internet website; andCommentsClose CommentsPermalink





‘(B) telephone via a toll-free number that is available every day at all hours.CommentsClose CommentsPermalink





‘(5) The system shall allow for the sharing of complaints with the following:CommentsClose CommentsPermalink





‘(A) The educational institutions that are the subjects of the complaints.CommentsClose CommentsPermalink





‘(B) The Secretary of Education.CommentsClose CommentsPermalink





‘(C) The Secretary of Defense.CommentsClose CommentsPermalink





‘(D) State approving agencies.CommentsClose CommentsPermalink





‘(E) Nationally or regionally recognized accrediting agencies and associations.CommentsClose CommentsPermalink





‘(F) Such other Federal agencies as the Secretary of Veterans Affairs considers appropriate.CommentsClose CommentsPermalink





‘(c) Outreach- The Secretary shall conduct such outreach as may be necessary to inform individuals described in subsection (a) of the system and process established under such subsection.CommentsClose CommentsPermalink





‘(d) Consideration by State Approving Agencies- Whenever a State approving agency considers whether to approve a course of education of an educational institution under this chapter, the State approving agency shall review and take into consideration the complaints processed and tracked by the system established under subsection (a) regarding the educational institution.CommentsClose CommentsPermalink





‘(e) Privacy- (1) Whenever a complaint is shared under subsection (b)(5), the complaint shall be anonymized, unless the complainant gives permission to the Secretary to share the complainant’s identity.CommentsClose CommentsPermalink





‘(2) The Secretary may not share a complaint under subsection (b)(5) with an educational institution if the complainant requests that such complaint not be shared with an educational institution.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapter 36 of such title is amended by inserting after the item relating to section 3693 the following new item:CommentsClose CommentsPermalink





‘3693A. Complaint tracking system.’.CommentsClose CommentsPermalink