[Congressional Record Volume 165, Number 180 (Tuesday, November 12, 2019)]
[House]
[Pages H8746-H8751]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROTECT THE GI BILL ACT
Mr. TAKANO. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 4625) to amend title 38, United States Code, to require that
educational institutions abide by certain principles as a condition of
approval for purposes of the educational assistance programs of the
Department of Veterans Affairs, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4625
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Protect
the GI Bill Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Clarification of educational assistance for individuals who
pursue an approved program of education leading to a
degree while on active duty.
Sec. 3. Verification of enrollment for purposes of receipt of Post-9/11
Educational Assistance benefits.
Sec. 4. Clarification regarding the dependents to whom entitlement to
educational assistance may be transferred under the Post
9/11 Educational Assistance Program.
Sec. 5. Expansion of reasons for which a course of education may be
disapproved.
Sec. 6. Oversight of educational institutions subject to Government
action for purposes of the educational assistance
programs of the Department of Veterans Affairs.
Sec. 7. Additional requirement for approval of educational institutions
for purposes of the educational assistance programs of
the Department of Veterans Affairs.
Sec. 8. Clarification of accreditation for law schools for purposes of
the educational assistance programs of the Department of
Veterans Affairs.
Sec. 9. Clarification of grounds for disapproval of a course for
purposes of the educational assistance programs of the
Department of Veterans Affairs.
Sec. 10. Requirements for educational institutions participating in the
educational assistance programs of the Department of
Veterans Affairs.
Sec. 11. Overpayments to eligible persons or veterans.
Sec. 12. Improvements to limitation on certain advertising, sales, and
enrollment practices.
Sec. 13. Additional limitation on certain advertising, sales, and
enrollment practices of educational institutions.
Sec. 14. Charge to entitlement to educational assistance for
individuals who do not transfer credits from certain
closed or disapproved programs of education.
SEC. 2. CLARIFICATION OF EDUCATIONAL ASSISTANCE FOR
INDIVIDUALS WHO PURSUE AN APPROVED PROGRAM OF
EDUCATION LEADING TO A DEGREE WHILE ON ACTIVE
DUTY.
Section 3313(e) of title 38, United States Code, is
amended--
(1) in the heading, by inserting ``for a Period of More
Than 30 Days'' after ``Active Duty'';
(2) in paragraph (1), by inserting ``for a period of more
than 30 days'' after ``active duty''; and
(3) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``for a period of more than 30 days'' after
``active duty''.
SEC. 3. VERIFICATION OF ENROLLMENT FOR PURPOSES OF RECEIPT OF
POST-9/11 EDUCATIONAL ASSISTANCE BENEFITS.
(a) In General.--Section 3313 of title 38, United States
Code, as amended by section 2, is further amended by adding
at the end the following new subsection:
``(l) Verification of Enrollment.--(1) The Secretary shall
require--
``(A) each educational institution to submit to the
Secretary verification of each individual who is enrolled in
a course or program of education at the educational
institution and is receiving educational assistance under
this chapter for each month during which the individual is so
enrolled and receiving such educational assistance; and
``(B) each individual who is enrolled in a course or
program of education and is receiving educational assistance
under this chapter to submit to the Secretary verification of
such enrollment for each month during which the individual is
so enrolled and receiving such educational assistance.
``(2) Verification under this subsection shall be in an
electronic form prescribed by the Secretary.
``(3) If an individual fails to submit the verification
required under paragraph (1)(B) for two consecutive months,
the Secretary may not make a monthly stipend payment to the
individual under this section until the individual submits
such verification.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on August 1, 2020.
SEC. 4. CLARIFICATION REGARDING THE DEPENDENTS TO WHOM
ENTITLEMENT TO EDUCATIONAL ASSISTANCE MAY BE
TRANSFERRED UNDER THE POST 9/11 EDUCATIONAL
ASSISTANCE PROGRAM.
(a) In General.--Section 3319(c) of title 38, United States
Code, is amended to read as follows:
``(c) Eligible Dependents.--
``(1) Transfer.--An individual approved to transfer an
entitlement to educational assistance under this section may
transfer the individual's entitlement to an eligible
dependent or a combination of eligible dependents.
``(2) Definition of eligible dependent.--For purposes of
this subsection, the term `eligible dependent' has the
meaning given the term `dependent' under paragraph (2) of
section 1072 of title 10.''.
(b) Applicability.--The amendment made by subsection (a)
shall apply with respect to educational assistance payable
under chapter 33 of title 38, United States Code, before, on,
or after the date of the enactment of this Act.
SEC. 5. EXPANSION OF REASONS FOR WHICH A COURSE OF EDUCATION
MAY BE DISAPPROVED.
(a) In General.--Section 3672(b)(2) of title 38, United
States Code, is amended--
(1) in subparagraph (A)(i), by inserting or ``or (D)''
after ``subparagraph (C)''; and
(2) by adding at the end the following new subparagraph:
``(D) A program that is described in subparagraph (A)(i) of
this paragraph and offered by an educational institution that
is at risk of losing accreditation shall not be deemed to be
approved for purposes of this chapter. For purposes of this
subparagraph, an educational institution is at risk of losing
accreditation if that educational institution has received
from the relevant accrediting agency or association a notice
described in section 3673(e)(2)(D) of this title.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date that is 180 days after the date
of the enactment of this Act.
SEC. 6. OVERSIGHT OF EDUCATIONAL INSTITUTIONS SUBJECT TO
GOVERNMENT ACTION FOR PURPOSES OF THE
EDUCATIONAL ASSISTANCE PROGRAMS OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 3673 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(e) Notice of Government Action.--(1)(A) If the Secretary
receives notice under paragraph (2), or otherwise becomes
aware of an action or event described in paragraph (3), with
respect to an educational institution, the Secretary shall
transmit such notice or provide notice of such action or
event to the State approving agency for the State where the
educational institution is located by not later than 30 days
after the date on which the Secretary receives such notice or
becomes aware of such action or event. A State approving
agency shall perform a risk-based oversight survey to the
educational institution by not later than 60 days after
receiving notice under this subparagraph.
``(B) If a State approving agency receives notice as
described in paragraph (2), or otherwise becomes aware of an
action or event described in paragraph (3), with respect to
an educational institution, the State approving agency shall
perform a risk-based oversight survey to the educational
institution by not later than 60 days after receiving such
notice or otherwise becoming aware of such action or event.
``(2) Notice under this paragraph is any of the following:
``(A) Notice from the Secretary of Education of an event
under paragraph (3)(A).
[[Page H8747]]
``(B) Notice of an event under paragraph (3)(B).
``(C) Notice from a State of an action take by that State
under paragraph (3)(C).
``(D) Notice provided by an accrediting agency or
association of an action described in paragraph (3)(D) taken
by that agency or association.
``(E) Notice that the Secretary of Education has placed the
educational institution on provisional status.
``(3) An action or event under this paragraph is any of the
following:
``(A) The receipt by an educational institution of payments
under the heightened cash monitoring payment method pursuant
to section 487(c)(1)(B) of the Higher Education Act of 1965
(20 U.S.C. 1094).
``(B) Final punitive action taken by the Attorney General,
the Federal Trade Commission, or any other Federal department
or agency against an educational institution relating to
misconduct or misleading marketing practices, as defined by
the Secretary of Veterans Affairs.
``(C) Final punitive action taken by a State against an
educational institution.
``(D) The loss, or risk of loss, by an educational
institution of an accreditation from an accrediting agency or
association, including notice of probation, suspension, an
order to show cause, or revocation of accreditation.
``(E) The placement of an educational institution on
provisional status by the Secretary of Education.
``(4) If a State approving agency disapproves or suspends
an educational institution, the State approving agency shall
provide notice of such disapproval or suspension to the
Secretary and to the other State approving agencies.
``(5) This subsection shall be carried out using amounts
made available pursuant to section 3674(a)(4) of this title
as long as such amounts remain available.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on August 1, 2020.
SEC. 7. ADDITIONAL REQUIREMENT FOR APPROVAL OF EDUCATIONAL
INSTITUTIONS FOR PURPOSES OF THE EDUCATIONAL
ASSISTANCE PROGRAMS OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Section 3675 of title 38, United States
Code, is amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(4) The educational institution is approved and
participates in a program under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.) or the
Secretary has waived the requirement under this paragraph
with respect to an educational institution and submits to the
Committees on Veterans' Affairs of the Senate and House of
Representatives notice of such waiver.''.
(2) by adding at the end the following new subsection:
``(d) The Secretary shall submit to Congress an annual
report on any waivers issued pursuant to subsection (b)(4) or
section 3672(b)(2)(A)(i) of this title. Each such report
shall include, for the year covered by the report--
``(1) the name of each educational institution for which a
waiver was issued;
``(2) the justification for each such waiver; and
``(3) the total number of waivers issued.''.
(b) Requirement for Approval of Standard College Degree
Programs.--Clause (i) of subparagraph (A) of paragraph (2) of
subsection (b) of section 3672 of such title is amended to
read as follows:
``(i) Except as provided in subparagraph (C) or (D), an
accredited standard college degree program offered at a
public or not-for-profit proprietary educational institution
that--
``(I) is accredited by an agency or association recognized
for that purpose by the Secretary of Education; and
``(II) is approved and participates in a program under
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070
et seq.), unless the Secretary has waived the requirement to
participate in a program under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.).''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on August 1, 2020.
SEC. 8. CLARIFICATION OF ACCREDITATION FOR LAW SCHOOLS FOR
PURPOSES OF THE EDUCATIONAL ASSISTANCE PROGRAMS
OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Paragraphs (14)(B) and (15)(B) of section
3676(c) of title 38, United States Code, are each amended by
striking ``an accrediting agency'' both places it appears and
inserting ``a specialized accrediting agency''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on August 1, 2020.
SEC. 9. CLARIFICATION OF GROUNDS FOR DISAPPROVAL OF A COURSE
FOR PURPOSES OF THE EDUCATIONAL ASSISTANCE
PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 3679(a)(1) of title 38, United
States Code, is amended by inserting ``(including failure to
comply with a risk-based survey under section 3673(d) of this
title and secure an affirmation of approval by the
appropriate State approving agency following the survey)''
after ``requirements of this chapter''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on August 1, 2020.
SEC. 10. REQUIREMENTS FOR EDUCATIONAL INSTITUTIONS
PARTICIPATING IN THE EDUCATIONAL ASSISTANCE
PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 3679 of title 38, United States
Code, as amended by section 6, is further amended by adding
at the end the following new subsection:
``(f)(1) Except as provided by paragraph (5), a State
approving agency, or the Secretary when acting in the role of
the State approving agency, may take an action described in
paragraph (4)(A) if the State approving agency or the
Secretary determines that an educational institution does not
perform any of the following:
``(A) Prior to the enrollment of a covered individual in a
course of education at the educational institution, provide
the individual with a form that contains information
personalized to the individual that describes--
``(i) the estimated total cost of the course, including
tuition, fees, books, supplies, and any other additional
costs;
``(ii) an estimate of the cost for living expenses for
students enrolled in the course;
``(iii) the amount of the costs under clauses (i) and (ii)
that are covered by the educational assistance provided to
the individual under chapter 30, 32, 33, or 35 of this title,
or chapter 1606 or 1607 of title 10, as the case may be;
``(iv) the type and amount of Federal financial aid not
administered by the Secretary and financial aid offered by
the institution that the individual may qualify to receive;
``(v) an estimate of the amount of student loan debt the
individual would have upon graduation;
``(vi) information regarding graduation rates;
``(vii) job-placement rates for graduates of the course, if
available;
``(viii) information regarding the acceptance by the
institution of transfer of credits, including military
credits;
``(ix) any conditions or additional requirements, including
training, experience, or examinations, required to obtain the
license, certification, or approval for which the course of
education is designed to provide preparation; and
``(x) other information to facilitate comparison by the
individual of aid packages offered by different educational
institutions.
``(B) Not later than 15 days after the date on which the
institution (or the governing body of the institution)
determines tuition rates and fees for an academic year that
is different than the amount being charged by the
institution, provide a covered individual enrolled in a
course of education at the educational institution with the
form under subparagraph (A) that contains updated
information.
``(C) Maintain policies to--
``(i) inform each covered individual enrolled in a course
of education at the educational institution of the
availability of Federal financial aid not administered by the
Secretary and financial aid offered by the institution; and
``(ii) alert such individual of the potential eligibility
of the individual for such financial aid before packaging or
arranging student loans or alternative financing programs for
the individual.
``(D) Maintain policies to--
``(i) prohibit the automatic renewal of a covered
individual in courses and programs of education; and
``(ii) ensure that each covered individual approves of the
enrollment of the individual in a course.
``(E) Provide to a covered individual enrolled in a course
of education at the educational institution with information
regarding the requirements to graduate from such course,
including information regarding when required classes will be
offered and a timeline to graduate.
``(F) With respect to an accredited educational
institution, obtain the approval of the accrediting agency
for each new course or program of the institution before
enrolling covered individuals in such courses or programs if
the accrediting agency determines that such approval is
appropriate under the substantive change requirements of the
accrediting agency regarding the quality, objectives, scope,
or control of the institution.
``(G) Maintain a policy that--
``(i) ensures that members of the Armed Forces, including
the reserve components and the National Guard, who enroll in
a course of education at the educational institution may be
readmitted at such institution if such members are
temporarily unavailable or have to suspend such enrollment by
reason of serving in the Armed Forces; and
``(ii) otherwise accommodates such members during short
absences by reason of such service.
``(H) Designate an employee of the educational institution
to serve as a point of contact for covered individuals and
the family of such individuals needing assistance with
respect to academic counseling, financial counseling,
disability counseling, and other information regarding
completing a course of education at such institution,
including by referring such individuals and family to the
appropriate persons for such counseling and information.
``(2) Except as provided by paragraph (5), a State
approving agency, or the Secretary when acting in the role of
the State approving agency, may take an action described in
[[Page H8748]]
paragraph (4)(A) if the State approving agency, the
Secretary, or the Federal Trade Commission, determines that
an educational institution does any of the following:
``(A) Carries out deceptive or persistent recruiting
techniques, including on military installations, that may
include--
``(i) misrepresentation (as defined in section
3696(e)(2)(B) of this title) or payment of incentive
compensation;
``(ii) during any one-month period making three or more
unsolicited contacts to a covered individual, including
contacts by phone, email, or in-person; or
``(iii) engaging in same-day recruitment and registration.
``(B) Pays inducements, including 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, or its
agents including third party lead generators or marketing
firms other than salaries paid to employees or fees paid to
contractors in conformity with all applicable laws for the
purpose of securing enrollments of covered individuals or
obtaining access to educational assistance under this title,
with the exception of scholarships, grants, and tuition
reductions provided by the educational institution.
``(3) A State approving agency, or the Secretary when
acting in the role of the State approving agency, may take an
action described in paragraph (4)(A) if the State approving
agency or the Secretary determines that an educational
institution is the subject of a negative action made by the
accrediting agency that accredits the institution, including
any of the following:
``(A) A show cause order.
``(B) Accreditor sanctions.
``(C) Accreditation probation.
``(D) The loss of accreditation or candidacy for
accreditation.
``(4)(A) An action described in this subparagraph is any of
the following:
``(i) Publishing a warning on the internet website of the
Department described in section 3698(c)(2) of this title, or
such other similar internet website of the Department, that
describes how an educational institution is failing to meet a
requirement under paragraph (1) or (2).
``(ii) Prohibiting the pursuit by an individual of a course
of education at an educational institution under chapter 30,
32, 33, or 35 of this title during the period beginning on
the date of such prohibition and ending on a date specified
by the State approving agency, in consultation with the
Secretary, or the Secretary when acting in the role of the
State approving agency, unless the individual was enrolled at
the institution before such period.
``(B) The Secretary shall establish guidelines to ensure
that the actions described in subparagraph (A) are applied in
a proportional and uniform manner by State approving
agencies, or the Secretary when acting in the role of the
State approving agency.
``(5)(A) The Secretary may waive the requirements of
paragraph (1) or waive the requirements of paragraph (2) with
respect to an educational institution for a one-academic-year
period beginning in August of the year in which the waiver is
made. A single educational institution may not receive
waivers under this paragraph for more than two consecutive
academic years.
``(B) To be considered for a waiver under this paragraph,
an educational institution shall submit to the Secretary an
application prior to the first day of the academic year for
which the waiver is sought.
``(6) On an annual basis, the Secretary shall submit to the
Committees on Veterans' Affairs of the House of
Representatives and the Senate the following reports:
``(A) A report, which shall be made publicly available,
that includes the following:
``(i) A summary of each action described in paragraph
(4)(A) made during the year covered by the report,
including--
``(I) the name of the educational institution;
``(II) the type of action taken;
``(III) the rationale for the action, including how the
educational institution was not in compliance with this
subsection;
``(IV) the length of time that the educational institution
was not in such compliance; and
``(V) whether the educational institution was also not in
compliance with this subsection during any of the two years
prior to the year covered by the report.
``(ii) A summary and justifications for the waivers made
under paragraph (5) during the year covered by the report,
including the total number of waivers each educational
institution has received.
``(B) A report containing the recommendations of the
Secretary with respect to any legislative actions the
Secretary determines appropriate to ensure that this
subsection is carried out in a manner that is consistent with
the requirements that educational institutions must meet for
purposes of other departments or agencies of the Federal
Government.
``(7) In this subsection, the term `covered individual'
means an individual who is pursuing a course of education at
an educational institution under chapter 30, 32, 33, or 35 of
this title.''.
(b) Application Date.--The amendment made by this section
shall take effect on June 15, 2020, and shall apply to an
educational institution beginning on August 1, 2020, except
that an educational institution may submit an application for
a waiver under subsection (f)(5) of section 3679 of title 38,
United States Code, as added by subsection (a), beginning on
June 15, 2020.
SEC. 11. OVERPAYMENTS TO ELIGIBLE PERSONS OR VETERANS.
Subsection (b) of section 3685 of title 38, United States
Code, is amended to read as follows:
``(b) Any overpayment by an educational institution to a
veteran or eligible person shall constitute a liability of
the educational institution to the United States if--
``(1) the Secretary finds that the overpayment has been
made as the result of--
``(A) the willful or negligent failure of an educational
institution to report, as required under this chapter or
chapter 34 or 35 of this title, to the Department of Veterans
Affairs excessive absences from a course, or discontinuance
or interruption of a course by the veteran or eligible
person; or
``(B) the willful or negligent false certification by an
educational institution; or
``(2) the payment is made pursuant to--
``(A) section 3313(h) of this title;
``(B) section 3317 of this title; or
``(C) section 3680(d) of this title.''.
SEC. 12. IMPROVEMENTS TO LIMITATION ON CERTAIN ADVERTISING,
SALES, AND ENROLLMENT PRACTICES.
(a) Substantial Misrepresentation.--
(1) In general.--Subsection (a) of section 3696 of title
38, United States Code, is amended to read as follows:
``(a) The Secretary, or a State approving agency acting in
the role of the Secretary, shall not approve the enrollment
of an eligible veteran or eligible person in any course
offered by an institution, or by an entity that owns the
institution, engaged in substantial misrepresentation
described in subsection (e)(1).''.
(2) Definitions.--Such section is further amended by adding
at the end the following new subsection:
``(e)(1) Substantial misrepresentation described in this
paragraph is substantial misrepresentation by an educational
institution, a representative of the institution, or any
person with whom the institution has an agreement to provide
educational programs, marketing, advertising, recruiting or
admissions services, concerning any of the following:
``(A) The nature of the educational program of the
institution, including misrepresentation regarding--
``(i) the particular type, specific source, or nature and
extent, of the accreditation of the institution or a course
of education at the institution;
``(ii) whether a student may transfer course credits to
another institution;
``(iii) conditions under which the institution will accept
transfer credits earned at another institution;
``(iv) whether successful completion of a course of
instruction qualifies a student--
``(I) for acceptance to a labor union or similar
organization; or
``(II) to receive, to apply to take, or to take an
examination required to receive a local, State, or Federal
license, or a nongovernmental certification required as a
precondition for employment, or to perform certain functions
in the States in which the educational program is offered, or
to meet additional conditions that the institution knows or
reasonably should know are generally needed to secure
employment in a recognized occupation for which the program
is represented to prepare students;
``(v) the requirements for successfully completing the
course of study or program and the circumstances that would
constitute grounds for terminating the student's enrollment;
``(vi) whether the courses of education at the institution
are recommended or have been the subject of unsolicited
testimonials or endorsements by--
``(I) vocational counselors, high schools, colleges,
educational organizations, employment agencies, members of a
particular industry, students, former students, or others; or
``(II) officials of a local or State government or the
Federal Government;
``(vii) the size, location, facilities, or equipment of the
institution;
``(viii) the availability, frequency, and appropriateness
of the courses of education and programs to the employment
objectives that the institution states the courses and
programs are designed to meet;
``(ix) the nature, age, and availability of the training
devices or equipment of the institution and the
appropriateness to the employment objectives that the
institution states the courses and programs are designed to
meet;
``(x) the number, availability, and qualifications,
including the training and experience, of the faculty and
other personnel of the institution;
``(xi) the availability of part-time employment or other
forms of financial assistance;
``(xii) the nature and availability of any tutorial or
specialized instruction, guidance and counseling, or other
supplementary assistance the institution ill provide students
before, during, or after the completion of a course of
education;
``(xiii) the nature or extent of any prerequisites
established for enrollment in any course of education;
``(xiv) the subject matter, content of the course of
education, or any other fact related to the degree, diploma,
certificate of completion, or any similar document that the
student is to be, or is, awarded upon completion of the
course of education; and
[[Page H8749]]
``(xv) whether the degree that the institution will confer
upon completion of the course of education has been
authorized by the appropriate State educational agency,
including with respect to cases where the institution fails
to disclose facts regarding the lack of such authorization in
any advertising or promotional materials that reference such
degree.
``(B) The financial charges of the institution, including
misrepresentation regarding--
``(i) offers of scholarships to pay all or part of a course
charge;
``(ii) whether a particular charge is the customary charge
at the institution for a course;
``(iii) the cost of the program and the refund policy of
the institution if the student does not complete the program;
``(iv) the availability or nature of any financial
assistance offered to students, including a student's
responsibility to repay any loans, regardless of whether the
student is successful in completing the program and obtaining
employment; and
``(v) the student's right to reject any particular type of
financial aid or other assistance, or whether the student
must apply for a particular type of financial aid, such as
financing offered by the institution.
``(C) The employability of the graduates of the
institution, including misrepresentation regarding--
``(i) the relationship of the institution with any
organization, employment agency, or other agency providing
authorized training leading directly to employment;
``(ii) the plans of the institution to maintain a placement
service for graduates or otherwise assist graduates to obtain
employment;
``(iii) the knowledge of the institution about the current
or likely future conditions, compensation, or employment
opportunities in the industry or occupation for which the
students are being prepared;
``(iv) job market statistics maintained by the Federal
Government in relation to the potential placement of the
graduates of the institution; and
``(v) other requirements that are generally needed to be
employed in the fields for which the training is provided,
such as requirements related to commercial driving licenses
or permits to carry firearms, and failing to disclose factors
that would prevent an applicant from qualifying for such
requirements, such as prior criminal records or preexisting
medical conditions.
``(2) In this subsection:
``(A) The term `misleading statement' includes any
communication, action, omission, or intimation made in
writing, visually, orally, or through other means, that has
the likelihood or tendency to mislead the intended recipient
of the communication under the circumstances in which the
communication is made. Such term includes the use of student
endorsements or testimonials for an educational institution
that a student gives to the institution either under duress
or because the institution required the student to make such
an endorsement or testimonial to participate in a program of
education.
``(B) The term `misrepresentation' means any false,
erroneous, or misleading statement, action, omission, or
intimation made directly or indirectly to a student, a
prospective student, the public, an accrediting agency, a
State agency, or to the Secretary by an eligible institution,
one of its representatives, or any person with whom the
institution has an agreement to provide educational programs,
marketing, advertising, recruiting or admissions services.
``(C) The term `substantial misrepresentation' means
misrepresentation in which the person to whom it was made
could reasonably be expected to rely, or has reasonably
relied, to that person's detriment.''.
(b) Referral.--Subsection (c) of such section is amended by
striking the last sentence and inserting the following: ``The
findings and results of any such investigations shall be
referred to the State approving agency, or the Secretary when
acting in the role of the State approving agency, who shall
take appropriate action in such cases not later than 60 days
after the date of such referral.''.
(c) Requirements for Nonaccredited Courses.--Paragraph (10)
of section 3676(c) of such title is amended to read as
follows:
``(10) The institution, and any entity that owns the
institution, does not engage in substantial misrepresentation
described in section 3696(e) of this title. The institution
shall not be deemed to have met this requirement until the
State approving agency--
``(A) has ascertained that no Federal department or agency
has taken a punitive action, not including a settlement
agreement, against the school for misleading or deceptive
practices;
``(B) has, if such an order has been issued, given due
weight to that fact; and
``(C) has reviewed the complete record of advertising,
sales, or enrollment materials (and copies thereof) used by
or on behalf of the institution during the preceding 12-month
period.''.
(d) Application Date.--The amendments made by this section
shall apply to an educational institution beginning on August
1 2020.
SEC. 13. ADDITIONAL LIMITATION ON CERTAIN ADVERTISING, SALES,
AND ENROLLMENT PRACTICES OF EDUCATIONAL
INSTITUTIONS.
(a) In General.--Section 3696(a) of title 38, United States
Code, as amended by section 11, is further amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) Not later than 120 days after a State or Federal
department or agency takes final punitive action against an
educational institution relating to practices described in
paragraph (1), the Secretary or the relevant State approving
agency may--
``(A) take an action described in subsection (f)(4)(A) of
section 3679 of this title; or
``(B) disapprove under such section each course offered by
that educational institution.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on August 1, 2020.
SEC. 14. CHARGE TO ENTITLEMENT TO EDUCATIONAL ASSISTANCE FOR
INDIVIDUALS WHO DO NOT TRANSFER CREDITS FROM
CERTAIN CLOSED OR DISAPPROVED PROGRAMS OF
EDUCATION.
(a) In General.--Subsection (c) of section 3699 of title
38, United States Code, is amended to read as follows:
``(c) Period Not Charged.--(1) The period for which, by
reason of this subsection, educational assistance is not
charged against entitlement or counted toward the applicable
aggregate period under section 3695 of this title shall not
exceed the aggregate of--
``(A) the portion of the period of enrollment in the course
from which the individual did not receive credit or with
respect to which the individual lost training time, as
determined under subsection (b)(2); and
``(B) the period by which a monthly stipend is extended
under section 3680(a)(2)(B) of this title.
``(2)(A) An individual described in subparagraph (B) who
transfers fewer than 12 credits from a program of education
that is closed or disapproved as described in subsection
(b)(1) shall be deemed to be an individual who did not
receive such credits, as described in subsection (b)(2),
except that the period for which such individual's
entitlement is not charged shall be the entire period of the
individual's enrollment in the program of education. In
carrying out this subparagraph, the Secretary, in
consultation with the Secretary of Education, shall establish
procedures to determine whether the individual transferred
credits to a comparable course or program of education.
``(B) An individual described in this subparagraph is an
individual who is enrolled in a course or program of
education closed or discontinued as described in subsection
(b)(1) during the period beginning on the date that is 120
days before the date of such closure or discontinuance and
ending on the date of such closure or discontinuance, as the
case may be.
``(C) This paragraph shall apply with respect to a course
or program of education closed or discontinued before
September 30, 2023.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on August 1, 2020.
SEC. 15. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Takano) and the gentleman from Tennessee (Mr. David P.
Roe) each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. TAKANO. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and to insert extraneous material on H.R. 4625, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. TAKANO. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in support of H.R. 4625, as amended, the
Protect the GI Bill Act.
In 2009, before passage of the Post-9/11 Veterans Educational
Assistance Improvements Act of 2010--the Post-9/11 GI Bill--the
Department of Veterans Affairs supplied educational benefits to over
14,000 veterans and paid schools over $36 million in educational
benefits.
Now, VA provides educational benefits to over 600,000 veterans and
pays institutions of higher learning over $11 billion to cover the
tuition, fees, and books for veterans on an annual basis.
The increased educational benefits enacted through the Post-9/11 GI
Bill and the Harry W. Colmery Forever GI Bill of 2017 have made
pursuing an education a viable path for many veterans
[[Page H8750]]
across the country. Schools across this country have embraced the
influx of students to their campuses with open arms; and, in return,
veterans have brought their knowledge, expertise, and ideas into the
classroom and, eventually, the workforce.
Since 2010, most institutions of higher learning have provided
student veterans with a means to upward economic mobility through
traditional education and vocational training.
However, a small number of predatory schools have sought to expand
their coffers by targeting veterans for their educational benefits,
providing subpar educations in return. Not only do veterans lose
precious time and benefits from being misled by these malicious actors,
but it also costs taxpayers millions of dollars each year, which is why
we must pass the Protect the GI Bill Act today.
The Protect the GI Bill Act would hold all schools to standards set
forth by the principles of excellence outlined in Executive Order No.
13607. By codifying the principles of excellence, we are ensuring that
schools can no longer misrepresent their student outcomes, job
placement rates, and graduation requirements when marketing to veterans
and members of the military.
The Protect the GI Bill Act also ensures that schools are upfront and
honest regarding the cost of attendance, scholarships available for
veterans before they take loans, and whether additional training is
needed after graduation to pass State-based licensure or certification
tests. This will allow veterans to make informed choices about the
schools they want to attend to start their new careers and ensure that
institutions are more accountable to veterans.
This legislation also includes Congressman Bilirakis' Student Veteran
Empowerment Act, Congresswoman Susie Lee's Forever GI Bill Class
Evaluation Act, Congresswoman Susan Davis' Reserve and Guard GI Bill
Housing Fairness Act, and Congressman Foster's GI Bill Education
Fairness Act.
This bipartisan legislation empowers State approving agencies to
conduct targeted, risk-based surveys; eliminates waste in the Post-9/11
GI Bill program; ensures that spouses of servicemembers in the Reserves
and Guard are not penalized when servicemembers are called to duty; and
clarifies that servicemembers can transfer their education benefits to
stepchildren, foster and adopted children, and other minor dependents.
As amended, the Protect the GI Bill Act also protects veterans by
stopping them from incurring debt from Post-9/11 GI Bill overpayments.
According to a GAO report, in fiscal year 2014, the VA paid
approximately $10.8 billion in education assistance through the Post-9/
11 GI Bill and made approximately $416 million in overpayments to
veterans in about 6,000 schools. Approximately one in four veterans
received an overpayment in fiscal year 2014.
Now, saddling veterans with unexpected debt is an injustice that we
cannot perpetuate. This bill delays payments to schools, mandates that
veterans confirm their enrollment each month, and prohibits late
payment charges to students who are receiving GI Bill benefits.
The Protect the GI Bill Act would also allow more veterans to restore
their educational benefits in cases where schools they attend close,
are disapproved by a State approving agency, or are discontinued for
other reasons outside of their control.
Current law only allows veterans to restore their education benefits
if they attend schools that close or are disapproved by State approving
agencies and if these veterans do not transfer any credits to another
school or institution.
This requires these veterans to restart their education to restore
the benefits, which could erode their motivation and cost taxpayers
more money. There is no reason that veterans should be forced to repeat
basic classes or core credits in order to regain their educational
benefits.
This bill allows veterans to restore their education benefits while
transferring up to 12 credits to another school.
The expansion of eligibility in this bill is retroactive and will
allow thousands of veterans to recover their educational benefits upon
the enactment of this much needed bill.
Madam Speaker, if our goal as a legislative body is to improve
veterans' economic opportunities and end veteran homelessness, we must
empower veterans to develop new and marketable skill sets in community
colleges, universities, and trade schools.
We must also be good fiduciaries of taxpayer funds by enacting
rigorous standards and providing adequate oversight of institutions who
seek to collect funds from veterans' educational benefits, which is why
I support this bill.
This bill also has the support of the Student Veterans of America and
Veterans Education Success.
I want to thank Representative Levin for his hard work on this
excellent bill. I would also like to thank Representative Bilirakis,
Representative Lee, Representative Davis, and Representative Foster for
their contributions to this bill, and I urge my colleagues to support
it.
Madam Speaker, I reserve the balance of my time.
{time} 1615
Mr. DAVID P. ROE of Tennessee. Madam Speaker, I yield myself such
time as I may consume.
Madam Speaker, I rise today in support of H.R. 4625, as amended, the
Protect the GI Bill Act.
Earlier this year, we celebrated the 75th anniversary of the original
World War II GI Bill that helped launch the modern middle class. In the
past 75 years, the GI Bill has helped millions of transitioning
servicemembers get the training and education they need to be
successful and help grow our economy. I used the GI Bill myself when I
got out of the military.
Part of our role on the Veterans' Affairs Committee is to protect the
GI Bill's important legacy and ensure that the incredible benefit the
GI Bill provides remains available for veterans for generations to
come.
The Protect the GI Bill Act would advance that goal by putting
important protections in place to help student veterans make the right
choice when using their GI Bill benefits by helping regulators flag
and, if necessary, remove bad schools and programs from being eligible
for the GI Bill.
This bill would also double down on our support for student veterans
whose school has closed before they finish their program by restoring
their GI Bill entitlement if the student is unable to transfer their
credits to another institution.
I thank my friend and fellow long-term committee member, Congressman
Gus Bilirakis from Florida, for his hard work on this bill. Gus is the
ranking member of the Subcommittee on Economic Opportunity, and this
bill includes the text of his bill, H.R. 4085, the Student Veteran
Empowerment Act, and builds off his work in the 113th Congress to
create the GI Bill Comparison Tool.
I would also like to thank Student Veterans of America, Veterans of
Foreign Wars, and, especially, Veterans Education Success for their
help in crafting this legislation. Their expert advice and counsel are
critical to ensuring that we preserve the legacy of the GI Bill for
another 75 years and beyond.
Madam Speaker, I reserve the balance of my time.
Mr. TAKANO. Madam Speaker, I yield 3 minutes to the gentleman from
Illinois (Mr. Foster), my good friend.
Mr. FOSTER. Madam Speaker, I thank the gentleman for yielding.
I thank Chairman Takano, Ranking Member Roe, and members of the House
Committee on Veterans' Affairs for their steadfast commitment to the
men and women of our armed services and for their work on H.R. 4625,
the Protect the GI Bill Act.
Included in this bill is legislation of mine that I have been working
on with Representative McMorris Rodgers for some years now to remedy
the bureaucratic oversight affecting military families across the
country.
Under current law, the Department of Defense includes wards and
foster children in their definition of an ``eligible child'' who is
authorized to receive their parents' unused GI education benefits.
However, the Department of Veterans Affairs does not. Unfortunately,
this misalignment has led to a nightmare for some members of the armed
services and their families.
This issue first came to my attention when a constituent, Sergeant
First
[[Page H8751]]
Class Angela Dees, and her son, Christopher, reached out to my office
to share their story.
Regrettably, their story is not unique, and they are not alone. To
date, nearly 100 wards and foster children were initially approved by
the Department of Defense for the transfer of GI education benefits,
and money was paid out to their schools. Then, midsemester, the
Department of Veterans Affairs revoked their benefits. The students and
their families were notified that they would have to repay tuition
expenses.
These families now face unexpected and crippling debts. They aren't
just stuck with bigger loan payments but with outstanding bills. In
many cases, the students even had to drop out of school.
Children of the men and women who serve honorably should not be
denied the benefits that they were promised because of bureaucratic
oversight. These servicemen and -women have honored the promise that
they made to serve our country, and we need to honor the promises we
make to them.
This legislation would correct this discrepancy and prevent this
situation from happening in the future. Doing so would allow foster
children and wards like Christopher, who were approved for GI education
benefits only to have them revoked, to receive the education funding
that they were promised.
I urge my colleagues to join me and vote ``yes'' on this critical
piece of legislation.
Mr. DAVID P. ROE of Tennessee. Madam Speaker, I yield 4 minutes to
the gentleman from Florida (Mr. Bilirakis), my good friend, a tireless
working member of the Veterans' Affairs Committee. I know of no one on
our committee who works harder for veterans, whether it is on PTSD or
the benefits they have earned, than Gus Bilirakis.
Mr. BILIRAKIS. Madam Speaker, I thank the ranking member and the
chairman. I appreciate them working with us on this very good bill.
Also, Chairman Levin, who is not here at the time, does an outstanding
job, and I look forward to working with him on many more bills.
Madam Speaker, as Ranking Member Roe just mentioned, one of the most
important jobs of the House Committee on Veterans' Affairs is defending
and protecting programs like the GI Bill that continue to provide life-
changing education and training benefits to our Nation's veterans and
servicemembers. I am proud that provisions in H.R. 4625 will continue
this goal and are a byproduct of several bipartisan hearings that I
have led with Chairman Levin to improve oversight of the GI Bill.
I am also pleased that this package includes all the provisions from
my bill, H.R. 4085, the Student Veteran Empowerment Act. My bill is
designed to limit overpayment of GI Bill funds to students and schools,
improve oversight of the GI Bill program by VA and State approving
agencies, and, most importantly, extend the restoration of entitlement
for student veterans impacted by school closures.
This last section extends benefits we originally provided to a
limited number of students in the Forever GI Bill to all students. It
extends to all students; that is important. It is critical to ensure
that a student's entitlement is not lost when a school closes or is
disapproved before the student completes their education.
My provisions in this bill would make important structural
improvements regarding GI Bill oversight and accountability. These
changes are important so that we can do all we can to prevent
unnecessary school closures and ensure that a student's hard-earned
benefits are used on training and education programs that will set up
the veteran for long-term economic success.
Again, like Dr. Roe, I thank the veterans service organizations for
their advice and suggestions, especially Veterans Education Success.
I also thank the bill's sponsor, as I said before, the chairman of
the Economic Opportunity Subcommittee, my friend from California,
Mike Levin. It has been my distinct pleasure, as the ranking member, to
work with him on this bill and on other issues that come before our
subcommittee. He is a thoughtful legislator, and I thank him for
including the provisions of my bill in this legislation before us.
I urge passage of this great bill, H.R. 4625.
Mr. TAKANO. Madam Speaker, I yield myself such time as I may consume.
Let me just say that this bill, the Protect the GI Bill Act, contains
so many elements offered by both sides of the aisle. I have to point
out, for the Record, the coincidence of having the interests of foster
children being protected by a man named Bill Foster. There are not
enough people in here to get that joke, but I thought that was worth
pointing out.
The language in this bill also contains enhancements to the
authorities of State approving agencies. One of the broken parts of how
our schools, our for-profit schools or all schools, get approved, get
their programs approved, is because our State approving agencies lack
sufficient authority to intervene when they know that a certain for-
profit operation that has had a shady history is about to open in their
State. This legislation would allow a State approving agency to act
before a bad-acting for-profit school is actually charged, formally
charged.
Madam Speaker, I have no further speakers, and I am prepared to
close. I reserve the balance of my time.
Mr. DAVID P. ROE of Tennessee. Madam Speaker, I have no further
speakers, and I, too, am ready to close. I yield myself the balance of
my time.
I do want to say that this bill is indicative of how, when we work
together, we can solve problems. You heard various issues from both
sides of the aisle that were brought to bear and worked in the
subcommittee and committee to solve these problems for constituents all
across the country.
Madam Speaker, I encourage all Members to support this bill, and I
yield back the balance of my time.
Mr. TAKANO. Madam Speaker, I yield myself the balance of my time.
I urge all of my colleagues to join me in passing H.R. 4625, as
amended. Indeed, both sides of the aisle worked carefully together, and
I am pleased to recommend that we pass this bill on suspension. I yield
back the balance of my time.
Mr. SABLAN. Madam Speaker, I rise in support of H.R. 4625, the
Protect the GI Bill Act, which restores education benefits for veterans
impacted by recent for-profit school closures and provides the VA
additional tools to keep schools who violate the terms of their GI Bill
funding accountable.
For the past 75 years, the VA estimates the GI Bill has helped more
than 25 million veterans and their families nationwide including the
Marianas achieve their educational and career goals.
In recent years however, closures of several for-profit schools have
left many veterans with degrees and credits that are not recognized or
transferable and facing serious hardships from diminished GI Bill funds
that also help pay for housing and other living expenses.
The Protect the GI Bill Act would help the victims of school closures
by reinstating lost benefits and barring schools who do not meet
quality standards for receiving GI Bill funds. Under H.R. 4625, schools
would also be required to inform veterans of the actual cost of
attendance including how much their benefits cover, as well as
graduation and job placement rates. The bill requires VA and State
Approving Agencies to take swift action on schools in violation of GI
Bill requirements including suspension of new enrollments as well as
bans on deceptive practices like automatic re-enrollment without the
veteran's permission.
Passage of H.R. 4625 is critical to preventing future victims of
school closures and ensuring veterans and their eligible family members
receive a quality education for their hard-earned GI Bill benefits.
I thank the gentleman from California, Mr. Levin, for his leadership
on this legislation and urge my colleagues to support H.R. 4625.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Takano) that the House suspend the rules
and pass the bill, H.R. 4625, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________