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Donate NowS.2241 - GI Bill Consumer Awareness Act of 2012
A bill to ensure that veterans have the information and protections they require to make informed decisions regarding use of Post-9/11 Educational Assistance, and for other purposes.
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S 2241 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 2241CommentsClose CommentsPermalink

To ensure that veterans have the information and protections they require to make informed decisions regarding use of Post-9/11 Educational Assistance, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

March 27, 2012CommentsClose CommentsPermalink

March 27, 2012CommentsClose CommentsPermalink

Mrs. MURRAY (for herself, Mr. AKAKA, Mr. BEGICH, Mr. BROWN of Ohio, Mr. ROCKEFELLER, Mr. COONS, Mr. HARKIN, Mr. INOUYE, Mr. LEAHY, and Mr. WHITEHOUSE) introduced the following bill; which was read twice and referred to the Committee on Veterans’ AffairsCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To ensure that veterans have the information and protections they require to make informed decisions regarding use of Post-9/11 Educational 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 Bill Consumer Awareness Act of 2012’.CommentsClose CommentsPermalink

SEC. 2. PUBLICATION BY SECRETARY OF VETERANS AFFAIRS AND SECRETARY OF DEFENSE OF INFORMATION ABOUT EDUCATIONAL INSTITUTIONS.
(a) Publication by Secretary of Veterans Affairs-CommentsClose CommentsPermalink

(1) IN GENERAL- Subchapter II of chapter 36 of title 38, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘Sec. 3697B. Publication of information about educational institutions
‘(a) Publication of Information- The Secretary shall, on an ongoing basis, make available to veterans, members of the Armed Forces, and other individuals eligible to receive or receiving assistance under this chapter or any of chapters 30 through 35 of this title or chapters 106A or 1606 of title 10 the information described in subsection (d) in language that can be easily understood by such veterans, members, and other individuals.CommentsClose CommentsPermalink
‘(b) Collection of Information- (1) In order to make the information described in subsection (d) available as required by subsection (a), the Secretary shall take such actions as may be necessary to obtain such information.CommentsClose CommentsPermalink
‘(2) If the Secretary requires, for purposes of this section, information that has been reported by an educational institution to the Secretary of Education, the Secretary of Defense, the Secretary of Labor, or the heads of other Federal agencies under a provision of law other than under this section or section 3679A of this title, the Secretary shall obtain such information from such Secretary or head rather than the educational institution.CommentsClose CommentsPermalink
‘(3) Making information available under subsection (a) 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 an individual student.CommentsClose CommentsPermalink
‘(c) Partnership With Secretary of Education and Secretary of Defense- (1) The Secretary shall carry out subsections (a) and (b) in consultation and cooperation with the Secretary of Education and the Secretary of Defense.CommentsClose CommentsPermalink
‘(2) If the Secretary of Education or the Secretary of Defense incur any costs in consulting or cooperating with the Secretary of Veterans Affairs under paragraph (1), the Secretary of Veterans Affairs shall reimburse the Secretary concerned, from amounts appropriated to the Secretary of Veterans Affairs, for such costs.CommentsClose CommentsPermalink
‘(d) Information- The information described in this subsection is as follows:CommentsClose CommentsPermalink
‘(1) An explanation of the different types of accreditation available to educational institutions and programs of education.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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 or any of chapters 30 through 35 of this title or chapter 106A or 1606 of title 10 and for the most recent academic year for which information is available, the following:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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 don’t receive assistance for pursuit of the program of education under this chapter or any of chapters 30 through 35 of this title or chapter 106A or 1606 of title 10.CommentsClose CommentsPermalink
‘(C) The number of degrees and certificates awarded by the educational institution and the number of students enrolled in programs of education at the educational institution that lead to a degree or a certificate.CommentsClose CommentsPermalink
‘(D) The number of students enrolled in a program of education of the educational institution.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(H) For each program of education offered by the educational institution, the following:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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 don’t receive assistance for pursuit of the program of education under this chapter or any of chapters 30 through 35 of this title or chapter 106A or 1606 of title 10.CommentsClose CommentsPermalink
‘(iii) The number of degrees or certificates awarded by the educational institution to individuals who enrolled in the program of education.CommentsClose CommentsPermalink
‘(iv) The number of students enrolled in the program of education.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(I) to obtain such licensing or certification;CommentsClose CommentsPermalink
‘(II) to take an examination that is generally required to obtain such licensing or certification; orCommentsClose CommentsPermalink
‘(III) to meet such other preconditions as may be necessary for employment in such occupation in such State.CommentsClose CommentsPermalink
‘(vi) If the program of education is designed to prepare a student for a particular occupation that generally requires 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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(I) An explanation of the following:CommentsClose CommentsPermalink
‘(i) Whether academic credits awarded by the educational institution are transferable to public educational institutions in the State in which the educational institution is located.CommentsClose CommentsPermalink
‘(ii) Any articulation agreements the educational institution may have with any other educational institutions.CommentsClose CommentsPermalink
‘(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:CommentsClose CommentsPermalink
‘(I) The Army/American Council on Education Registry Transcript System.CommentsClose CommentsPermalink
‘(II) The Sailor-Marine American Council on Education Registry Transcript.CommentsClose CommentsPermalink
‘(III) The Community College of the Air Force.CommentsClose CommentsPermalink
‘(IV) The United States Coast Guard Institute.CommentsClose CommentsPermalink
‘(J) The average tuition and fees for all programs of education at the educational institution leading to a baccalaureate degree or lesser degree, license, or certificate and the average tuition and fees charged by public educational institutions for similar programs of education, disaggregated by State.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink‘(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.CommentsClose CommentsPermalink‘(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.CommentsClose CommentsPermalink
‘(N) Whether the educational institution is a public, private nonprofit, or private for-profit institution.CommentsClose CommentsPermalink
‘(O) The number of veterans enrolled in programs of education at the educational institution who are receiving assistance under this chapter and chapters 30 through 35 of this title and chapters 106A and 1606 of title 10 for pursuit of such programs of education.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(Q) A description of the educational institution’s participation, if any, in the Yellow Ribbon G.I. Education Enhancement Program established under section 3317(a) of this title.CommentsClose CommentsPermalink
‘(R) If the educational institution charges a lower rate of tuition for students who reside in the same State as the educational institution--CommentsClose CommentsPermalink
‘(i) identification of the requirements for students to obtain in-State status for such lower rate of tuition; andCommentsClose CommentsPermalink
‘(ii) a list of educational institutions located or incorporated in the same State as the educational institution that waive such requirements for veterans.’.CommentsClose CommentsPermalink
(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 3697A the following new item:CommentsClose CommentsPermalink
‘3697B. Publication of information about educational institutions.’.CommentsClose CommentsPermalink
(3) EFFECTIVE DATE-
Section 3697B of title 38, United States Code , as added by paragraph (1), 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 such section.CommentsClose CommentsPermalink(b) Training for Employees of Department of Veterans Affairs Education Call Centers- Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall ensure that appropriate employees of each of the education call centers of the Department of Veterans Affairs receive appropriate training regarding the information made available under
section 3697B of title 38, United States Code , as added by subsection (a)(1).CommentsClose CommentsPermalink(c) Publication by Secretary of Defense-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Defense shall, on an ongoing basis, make available to individuals eligible to receive or receiving assistance under the Military Spouse Career Advancement Account (MyCAA) program of the Department of Defense the information described in paragraph (4) in language that can be easily understood by such individuals.CommentsClose CommentsPermalink
(2) COLLECTION OF INFORMATION-CommentsClose CommentsPermalink
(A) IN GENERAL- In order to make the information described in paragraph (4) available as required by paragraph (1), the Secretary shall take such actions as may be necessary to obtain such information, including by requiring educational institutions to provide, as a condition of participating in such program, such information as the Secretary considers necessary to carry out this subsection.CommentsClose CommentsPermalink
(B) COLLECTION FROM OTHER FEDERAL AGENCIES- If the Secretary of Defense requires, for purposes of this section, information that has been reported by an educational institution to the Secretary of Education, the Secretary of Veterans Affairs, the Secretary of Labor, or the heads of other Federal agencies under a provision of law other than under this subsection, the Secretary of Defense shall obtain such information from such Secretary or head rather than the educational institution.CommentsClose CommentsPermalink
(C) PRIVACY- Making information available under paragraph (1) 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 an individual student.CommentsClose CommentsPermalink
(3) PARTNERSHIP WITH SECRETARY OF EDUCATION- The Secretary of Defense shall carry out paragraphs (1) and (2) in consultation and cooperation with the Secretary of Education.CommentsClose CommentsPermalink
(4) INFORMATION- The information described in this paragraph is as follows:CommentsClose CommentsPermalink
(A) An explanation of the different types of accreditation available to educational institutions and programs of education.CommentsClose CommentsPermalink
(B) A general overview of Federal student aid programs and the implications of incurring student loan debt.CommentsClose CommentsPermalink
(C) For each educational institution at which an individual is enrolled in a program of education and receives assistance under the Military Spouse Career Advancement Account (MyCAA) program of the Department of Defense for pursuit of such program of education, the following:CommentsClose CommentsPermalink
(i) 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.CommentsClose CommentsPermalink
(ii) The percentage of students who transfer from one program of education offered by the educational institution to another program of education offered by the educational institution.CommentsClose CommentsPermalink
(iii) 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.CommentsClose CommentsPermalink
(iv) The mean of the wages the students described in clause (iii) receive from their first positions of employment obtained after completing a program of education offered by the educational institution.CommentsClose CommentsPermalink
(v) 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.CommentsClose CommentsPermalink
(vi) For each program of education offered by the educational institution, the following:CommentsClose CommentsPermalink
(I) 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--CommentsClose CommentsPermalink
(aa) to obtain such licensing or certification;CommentsClose CommentsPermalink

(bb) to take an examination that is generally required to obtain such licensing or certification; orCommentsClose CommentsPermalink

(cc) to meet such other preconditions as may be necessary for employment in such occupation in such State.CommentsClose CommentsPermalink

(II) If the program of education is designed to prepare a student for a particular occupation that generally requires 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.CommentsClose CommentsPermalink

(III) The rates of job placement of students who complete the program of education for programs of education that prepares students for gainful employment in a recognized occupation and for other programs if such rates are available for such other programs.CommentsClose CommentsPermalink

(IV) The mean of the wages the students described in subclause (III) receive from their first positions of employment obtained after completing the program of education.CommentsClose CommentsPermalink

(vii) An explanation of the following:CommentsClose CommentsPermalink

(I) Whether academic credits awarded by the educational institution are transferable to public educational institutions in the State in which the educational institution is located.CommentsClose CommentsPermalink

(II) Any articulation agreements the educational institution may have with any other educational institutions.CommentsClose CommentsPermalink

(III) How the educational institution may or may not accept academic credit awarded by another educational institution.CommentsClose CommentsPermalink

(viii) Whether the educational institution is a public, private nonprofit, or private for-profit institution.CommentsClose CommentsPermalink

(ix) If the educational institution is accredited, whether the educational institution has received disciplinary complaints from the accrediting agency that awarded such accreditation and the adjudication status of such complaints.CommentsClose CommentsPermalink

SEC. 3. ADDITIONAL REQUIREMENTS OF EDUCATIONAL INSTITUTIONS FOR SUPPORT OF VETERANS AND MEMBERS OF THE ARMED FORCES.
(a) Additional Requirements Under Title 38-CommentsClose CommentsPermalink

(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:CommentsClose CommentsPermalink

‘Sec. 3679A. Additional requirements
‘(a) Affirmative Requirements- A course of education of an educational institution may not be approved under this chapter unless the educational institution carries out the following:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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 Secretary of Veterans Affairs and the Secretary of Defense.CommentsClose CommentsPermalink
‘(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 chapters 106A and 1606 of title 10.CommentsClose CommentsPermalink
‘(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’).CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(6) Agreeing to abide by the policies developed under section 3696(b) of this title.CommentsClose CommentsPermalink
‘(7) Establishing a point of contact for veterans enrolled in courses of education at the educational institution who can--CommentsClose CommentsPermalink
‘(A) assist such veterans in adjusting to student life at the educational institution; orCommentsClose CommentsPermalink
‘(B) provide referrals to groups or organizations that provide such assistance.CommentsClose CommentsPermalink
‘(b) Prohibitions- A course of education of an educational institution may not be approved under this chapter if the educational institution--CommentsClose CommentsPermalink
‘(1) requires a student enrolled in the course of education to waive the student’s right to legal recourse under any otherwise applicable provision of Federal or State law; orCommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
‘3679A. Additional requirements.’.CommentsClose CommentsPermalink
(3) CONFORMING AMENDMENT- Section 3672(b)(2)(A) of such title is amended by striking ‘and 3696’ and inserting ‘3696, and 3697B’.CommentsClose CommentsPermalink
(4) EFFECTIVE DATE- Section 3679A of such title, as added by paragraph (1), shall take effect on the date that is 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(b) Memorandums of Understanding Between Department of Defense and Educational Institutions-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 106A of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
‘Sec. 2149A. Memorandums of understanding with educational institutions
‘(a) In General- The Secretary shall seek to enter into a memorandum of understanding, not later than one year after the date of the enactment of the GI Bill Consumer Awareness Act of 2012, with each educational institution at which an individual is enrolled in a program of education for which the individual receives assistance under this chapter.CommentsClose CommentsPermalink
‘(b) Elements- Each memorandum of understanding entered into under subsection (a) shall require the educational institution with which the Secretary enters into the understanding to carry out paragraphs (2) through (7) of section 3679A(a) of title 38.CommentsClose CommentsPermalink
‘(c) Ban on Recruiting on Military Installations- No individual who represents an educational institution described in subsection (a) may enter a military facility of the United States for purposes of recruiting students for the educational institution if the educational institution has not entered into a memorandum of understanding with the Secretary under such subsection.’.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 106A of such title is amended by adding at the end the following new item:CommentsClose CommentsPermalink
‘2149A. Memorandums of understanding with educational institutions.’.CommentsClose CommentsPermalink
SEC. 4. PROTECTIONS FOR VETERANS AND MEMBERS OF THE ARMED FORCES ATTENDING EDUCATIONAL INSTITUTIONS.
(a) Policies To Curb Aggressive Recruiting-

(1) in subsection (a)--CommentsClose CommentsPermalink

(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; andCommentsClose CommentsPermalink

(B) by inserting ‘(1)’ before ‘The Secretary’;CommentsClose CommentsPermalink

(2) by redesignating subsections (b) and (c) as paragraphs (2) and (3), respectively;CommentsClose CommentsPermalink

(3) in paragraph (3), as redesignated by paragraph (2), by striking ‘under subsection (a)’ each place it appears and inserting ‘under paragraph (1)’;CommentsClose CommentsPermalink

(4) by striking ‘this section’ each place it appears and inserting ‘this subsection’; andCommentsClose CommentsPermalink

(5) by adding at the end the following new subsection (b):CommentsClose CommentsPermalink

‘(b) Not later than 90 days after the date of the enactment of the GI Bill Consumer Awareness Act of 2012, the Secretary of Veterans Affairs and the Secretary of Defense shall jointly develop policies to curb aggressive recruiting of veterans and members of the Armed Forces by educational institutions.’.CommentsClose CommentsPermalink
(b) Prohibition on Inducements- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink

‘(c) The Secretary shall not approve a course offered by an educational institution if the educational institution uses inducements or provides any gratuity, favor, discount, entertainment, hospitality loan, transportation, lodging, meals, or other item having a monetary value of more than a de minimis amount to any individual or entity (other than salaries paid to employees or fees paid to contractors in conformity with all applicable provisions of law) for the purpose of securing enrollments.’.CommentsClose CommentsPermalink
(c) Working Group-CommentsClose CommentsPermalink

(1) IN GENERAL- Chapter 36 of such title is amended by inserting after section 3692 the following new section:CommentsClose CommentsPermalink

‘Sec. 3692A. Working group
‘(a) Establishment- Not later than 60 days after the date of the enactment of the GI Bill Consumer Awareness Act of 2012, the Secretary of Veterans Affairs and the Secretary of Defense shall jointly, in consultation with the Secretary of Education, establish a working group--CommentsClose CommentsPermalink
‘(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 chapters 106A and 1606 of title 10; andCommentsClose CommentsPermalink
‘(2) to develop policies related to postsecondary education marketing and recruitment of veterans and members of the Armed Forces.CommentsClose CommentsPermalink
‘(b) Duties- In coordinating efforts and developing policies under subsection (a), the working group shall--CommentsClose CommentsPermalink
‘(1) survey veterans and members of the Armed Forces who have received educational assistance described in subsection (a)(1) to obtain feedback on the educational assistance received and on the program of education for which such assistance was received;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(3) monitor the overall postsecondary education market for developments that affect veterans and members of the Armed Forces.CommentsClose CommentsPermalink
‘(c) Consultation- In carrying out its duties under this section, the working group shall consult with appropriate Federal agencies (including the Department of Education and the Consumer Federal Protection Bureau), consumer protection groups, veterans service organizations, military service organizations, representatives of educational institutions, and representatives of such other groups or organizations as the Secretaries consider appropriate.CommentsClose CommentsPermalink
‘(d) Exemption From FACA- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working group established under subsection (a).CommentsClose CommentsPermalink
‘(e) Veterans Service Organization Defined- In this section, the term ‘veterans service organization’ means any organization recognized by the Secretary for the representation of veterans under section 5902 of this title.’.CommentsClose CommentsPermalink
(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 3692 the following new item:CommentsClose CommentsPermalink
‘3692A. Working group.’.CommentsClose CommentsPermalink
(3) REPORT- Not later than 180 days after the date of the enactment of this Act, the working group established under section 3692A of such title, as added by paragraph (1), shall submit to Congress a report on the activities of the working group under such section, including the following:CommentsClose CommentsPermalink
(A) The findings of the working group.CommentsClose CommentsPermalink
(B) The actions taken by the working group.CommentsClose CommentsPermalink
(C) The policies developed by the working group.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Policies on Conflicts of Interest Between Employees of Department of Veterans Affairs, Department of Defense, and Educational Institutions- Section 3683 of such title is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(e) The Secretary of Veterans Affairs and the Secretary of Defense shall develop policies for employees of the Department of Veterans Affairs and the Department of Defense, respectively, regarding conflicts of interest between employees of such departments and educational institutions.’.CommentsClose CommentsPermalink
SEC. 5. ASSESSMENT OF QUALITY AND DELIVERY OF CAREER INFORMATION AND COUNSELING TO MEMBERS OF ARMED FORCES AND VETERANS.
(a) In General- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall, in collaboration with the Secretary of Labor and the Secretary of Education, assess the quality and delivery of career information and counseling provided to members of the Armed Forces and veterans enrolled in (or planning to enroll in) programs of education with assistance under chapter 106A or 1606 of title 10, United States Code, or any of chapters 30 through 36 of title 38, United States Code. Such assessment shall address, at minimum, the following:CommentsClose CommentsPermalink

(1) Whether such information and counseling is relevant to the labor markets in which such members or veterans plan to relocate, if applicable.CommentsClose CommentsPermalink

(2) Whether such information and counseling identifies careers that are available in in-demand occupations and industries in such labor markets.CommentsClose CommentsPermalink

(3) Whether such information and counseling identifies the education and credentials required for such careers.CommentsClose CommentsPermalink

(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.CommentsClose CommentsPermalink

(5) Whether the assessments described in paragraph (4) identify the additional skills or credentials members and veterans described in such paragraph may need for employment in jobs in the civilian workforce.CommentsClose CommentsPermalink

(6) Whether such information identifies the education and training programs that provide the skills necessary for such careers in such labor markets.CommentsClose CommentsPermalink

(7) Whether such information is provided in a timely manner.CommentsClose CommentsPermalink

(b) Collaboration With the One-Stop Delivery System and Transition Assistance Programs- In carrying out subsection (a), the Secretary of Defense and the Secretary of Veterans Affairs shall, in collaboration with the Secretary of Labor, determine how programs that provide education and career counseling services to members of the Armed Forces and veterans under laws administered by the Secretary of Defense and the Secretary of Veterans Affairs should--CommentsClose CommentsPermalink

(1) collaborate and improve information sharing with one-stop delivery systems established under section 134(c) of the Workforce Investment Act of 1998 (

(2) coordinate with--CommentsClose CommentsPermalink

(A) each other;CommentsClose CommentsPermalink

(B) the Transition Assistance Program (TAP) of the Department of Defense;CommentsClose CommentsPermalink

(C) the services provided under sections 1142, 1143, and 1144 of title 10, United States Code;CommentsClose CommentsPermalink

(D) the programs established under section 235(b) of the VOW to Hire Heroes Act of 2011 (

(E) the demonstration project established under

(c) Report-CommentsClose CommentsPermalink

(1) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on the assessment completed under subsection (a), including recommendations for such legislative, regulatory, and administrative action as the Secretaries consider necessary to improve the provision of career information relevant to programs of education pursued by members of the Armed Forces and veterans to such members and veterans.CommentsClose CommentsPermalink

(2) APPROPRIATE COMMITTEES OF CONGRESS- In this subsection, the term ‘appropriate committees of Congress’ means--CommentsClose CommentsPermalink

(A) the Committee on Armed Services, the Committee on Veterans’ Affairs, and the Committee on Health, Education, Labor, and Pensions of the Senate; andCommentsClose CommentsPermalink

(B) the Committee on Armed Services, the Committee on Veterans’ Affairs, and the Committee on Education and the Workforce of the House of Representatives.CommentsClose CommentsPermalink

SEC. 6. EXPANSION OF ELIGIBILITY FOR EDUCATIONAL AND VOCATIONAL COUNSELING.

(1) by striking paragraphs (2) and (3);CommentsClose CommentsPermalink

(2) in paragraph (1), by adding ‘or’ at the end; andCommentsClose CommentsPermalink

(3) by adding at the end the following new paragraph (2):CommentsClose CommentsPermalink

‘(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.’.CommentsClose CommentsPermalink
SEC. 7. SUBMITTAL OF COMPLAINTS REGARDING PROGRAMS OF EDUCATION AND EDUCATIONAL ASSISTANCE.
(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 process
‘(a) Submittal of Complaints- The Secretary shall establish procedures for submittal to the Secretary of complaints by a students who are pursuing programs of education with assistance under this chapter, any of chapters 30 through 35 of this title, or chapters 106A or 1606 of title 10 regarding such programs of education or such assistance.CommentsClose CommentsPermalink
‘(b) Database- The Secretary shall establish a database to store complaints submitted under subsection (a) to enable the Secretary--CommentsClose CommentsPermalink
‘(1) to improve the provision of assistance under this chapter and chapters 30 through 35 of this title;CommentsClose CommentsPermalink
‘(2) to improve the provision of educational and vocational counseling under section 3697A of this title; andCommentsClose CommentsPermalink
‘(3) to identify problems with the programs of education or assistance described in subsection (a) that warrant further investigation by the Secretary.’.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 process.’.CommentsClose CommentsPermalink
SEC. 8. 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 date of the enactment of this Act and two and four years thereafter, the Secretary of Veterans Affairs shall, in collaboration with the Secretary of Education and the Secretary of Defense, collect and disseminate information about best practices for the provision by educational institutions of assistance to students who are veterans and students who are members of the Armed Forces to help them successfully enter, persist in, and complete programs of education.CommentsClose CommentsPermalink

(b) Consultation With Veterans Service Organizations- In carrying out subsection (a), the Secretary of Veterans Affairs shall consult with veterans service organizations and educational institutions.CommentsClose CommentsPermalink

SEC. 9. REPEAL OF LIMITATION ON PAYMENTS FOR CONTRACT EDUCATIONAL AND VOCATIONAL COUNSELING.

(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. 10. DEDICATED POINTS OF CONTACT FOR SCHOOL CERTIFYING OFFICIALS.

‘(d) Not later than 90 days after the date of the enactment of the GI Bill Consumer Awareness Act of 2012, the Secretary shall ensure that the Department employs personnel dedicated to assisting personnel of educational institutions who are charged with submitting reports or certifications to the Secretary under this section.’.CommentsClose CommentsPermalink
SEC. 11. REPORT ON NUMBER OF RECIPIENTS OF EDUCATIONAL ASSISTANCE UNDER LAWS ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS.
(a) In General- Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the receipt of educational assistance under laws administered by the Secretary of Veterans Affairs during the last academic year ending before the submittal of the report.CommentsClose CommentsPermalink

(b) Elements- The report required by subsection (a) shall include the following, for the period covered by the report:CommentsClose CommentsPermalink

(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 of Veterans Affairs.CommentsClose CommentsPermalink

(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.CommentsClose CommentsPermalink

(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.CommentsClose CommentsPermalink

SEC. 12. PERFORMANCE METRICS FOR DEPARTMENT OF DEFENSE EDUCATION AND WORKFORCE TRAINING PROGRAMS.
(a) Establishment of Metrics- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretary of Education and the Secretary of Labor, establish metrics for tracking the successful completion of education and workforce training programs carried out under laws administered by the Secretary of Defense.CommentsClose CommentsPermalink

(b) Report on Metrics- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the metrics establish under subsection (a), including a description of each such metric.CommentsClose CommentsPermalink

(c) Annual Assessment- Not later than one year after the date of the enactment of this Act and not less frequently than once each year thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress an assessment of the education and workforce training programs described in subsection (a) using the metrics established under such subsection.CommentsClose CommentsPermalink

(d) Appropriate Committees of Congress- In this section, the term ‘appropriate committees of Congress’ means--CommentsClose CommentsPermalink

(1) the Committee on Armed Services and the Committee on Appropriations of the Senate; andCommentsClose CommentsPermalink

(2) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.CommentsClose CommentsPermalink

SEC. 13. PRIVACY.
Nothing in this title or any of the amendments made by this title shall be construed to authorize the Secretary of Veterans Affairs, the Secretary of Defense, the Secretary of Education, or the Secretary of Labor to release to the public information about an individual that is otherwise prohibited by a provision of law.CommentsClose CommentsPermalink

SEC. 14. DEFINITIONS.
In this Act:CommentsClose CommentsPermalink

(1) EDUCATIONAL INSTITUTION AND PROGRAM OF EDUCATION- The terms ‘educational institution’ and ‘program of education’ have the meanings given such terms in

(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.CommentsClose CommentsPermalink

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U.S. Congress - Text of S.2241 as Introduced in Senate GI Bill Consumer Awareness Act of 2012



