[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1607 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1607
To require the Secretary of Veterans Affairs to improve how the
Department of Veterans Affairs discloses to individuals entitled to
educational assistance from the Department risks associated with using
such assistance at particular educational institutions and to restore
entitlement of students to such assistance who are pursuing programs of
education at educational institutions that are subject to Federal or
State civil enforcement action, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 13, 2021
Mr. Schatz (for himself, Mr. Rounds, Mr. Portman, and Mr. Coons)
introduced the following bill; which was read twice and referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To require the Secretary of Veterans Affairs to improve how the
Department of Veterans Affairs discloses to individuals entitled to
educational assistance from the Department risks associated with using
such assistance at particular educational institutions and to restore
entitlement of students to such assistance who are pursuing programs of
education at educational institutions that are subject to Federal or
State civil enforcement action, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Veterans Transparency and
Protection Act of 2021''.
SEC. 2. IMPROVING TRANSPARENCY AND ACCOUNTABILITY OF EDUCATIONAL
INSTITUTIONS FOR PURPOSES OF VETERANS EDUCATIONAL
ASSISTANCE.
(a) Requirement Relating to G.I. Bill Comparison Tool.--
(1) Requirement to maintain tool.--The Secretary of
Veterans Affairs shall maintain the G.I. Bill Comparison Tool
that was established pursuant to Executive Order 13607 (77 Fed.
Reg. 25861; relating to establishing principles of excellence
for educational institutions serving service members, veterans,
spouses, and other family members) and in effect on the day
before the date of the enactment of this Act, or successor
tool, to provide relevant and timely information about programs
of education approved under chapter 36 of title 38, United
States Code, and the educational institutions that offer such
programs.
(2) Data retention.--The Secretary shall ensure that
historical data that is reported via the tool maintained under
paragraph (1) remains easily and prominently accessible on the
benefits.va.gov website, or successor website, for a period of
not less than seven years from the date of initial publication.
(b) Providing Timely and Relevant Education Information to
Veterans, Members of the Armed Forces, and Other Individuals.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs,
in coordination with the Secretary of Education, shall make
such changes to the tool maintained under subsection (a) as the
Secretary determines appropriate to ensure that such tool is an
effective and efficient method for providing information
pursuant to section 3698(b)(5) of title 38, United States Code.
(2) Modification of scope of comprehensive policy on
providing education information.--Section 3698 of title 38,
United States Code, is amended--
(A) in subsection (a), by striking ``veterans and
members of the Armed Forces'' and inserting
``individuals entitled to educational assistance under
laws administered by the Secretary of Veterans
Affairs''; and
(B) in subsection (b)(5)--
(i) by striking ``veterans and members of
the Armed Forces'' and inserting ``individuals
described in subsection (a)''; and
(ii) by striking ``the veteran or member''
and inserting ``the individual''.
(3) G.I. bill comparison tool required disclosures.--
Paragraph (1) of subsection (c) of such section is amended--
(A) by striking subparagraph (B) and inserting the
following:
``(B) for each individual described in subsection (a)
seeking information provided under subsection (b)(5)--
``(i) the name of each Federal student aid program,
and a description of each such program, from which the
individual may receive educational assistance; and
``(ii) for each program named and described
pursuant to clause (i), the amount of educational
assistance that the individual may be eligible to
receive under the program; and''; and
(B) in subparagraph (C)--
(i) in clause (i), by inserting ``and a
definition of each type of institution'' before
the semicolon;
(ii) by striking clause (v) and inserting
the following:
``(v) the average total cost, the average tuition,
the average cost of room and board, the average cost
and the average fees to earn a certificate, and
associate's degree, a bachelor's degree, a postdoctoral
degree, and any other degree or credential the
institution awards;'';
(iii) in clause (xii), by striking the
period at the end and inserting a semicolon;
and
(iv) by adding at the end the following new
clauses:
``(xiii) program, degree, and certificate
completion rates, disaggregated by individuals who are
veterans, individuals who are members of the Armed
Forces, and individuals who are neither veterans nor
members of the Armed Forces;
``(xiv) transfer-out rates, disaggregated by
individuals who are veterans, individuals who are
members of the Armed Forces, and individuals who are
neither veterans nor members of the Armed Forces;
``(xv) credentials available and the average time
for completion of each credential;
``(xvi) employment rate and median income of
graduates of the institution in general, disaggregated
by--
``(I) specific credential;
``(II) individuals who are veterans;
``(III) individuals who are members of the
Armed Forces; and
``(IV) individuals who are neither veterans
nor members of the Armed Forces;
``(xvii) percentage of individuals who received
educational assistance under this title to pursue a
program of education at the institution who did not
earn a credential within six years of commencing such
program of education;
``(xviii) the median amount of debt incurred from a
Federal student loan made, insured, or guaranteed under
title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.) by an individual who pursued a program of
education at the institution with educational
assistance under this title, disaggregated by--
``(I) individuals who received a credential
and individuals who did not; and
``(II) individuals who are veterans,
individuals who are members of the Armed
Forces, and individuals who are neither
veterans nor members of the Armed Forces;
``(xix) whether the institution participates in
Federal student aid programs, and if so, which
programs;
``(xx) the average number of individuals enrolled
in the institution per year, disaggregated by--
``(I) individuals who are veterans;
``(II) individuals who are members of the
Armed Forces; and
``(III) individuals who are neither
veterans nor members of the Armed Forces; and
``(xxi) a list of each civil settlement or finding
resulting from a Federal or State action in a court of
competent jurisdiction against the institution for
violation of a provision of Federal or State law that
materially affects the education provided at the
institution or is the result of illicit activity,
including deceptive marketing or misinformation
provided to prospective students or current
enrollees.''.
(4) Clarity of information provided.--Paragraph (2) of such
subsection is amended--
(A) by inserting ``(A)'' before ``To the extent'';
and
(B) by adding at the end the following new
subparagraph:
``(B) The Secretary shall ensure that information provided under
subsection (b)(5) is provided in a manner that is easy and accessible
to individuals described in subsection (a), especially with respect to
information described in paragraph (1)(C)(xxii).''.
(c) Improvements for Student Feedback.--
(1) In general.--Subsection (b)(2) of such section is
amended--
(A) by amending subparagraph (A) to read as
follows:
``(A) providing institutions of higher learning up
to 30-days to review and respond to any feedback and
address issues regarding the feedback before the
feedback is published'';
(B) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (C), by striking the period at
the end and inserting a semicolon; and
(D) by adding at the end the following new
subparagraphs:
``(D) for each institution of higher learning that
is approved under this chapter, retains, maintains, and
publishes all of such feedback for the entire duration
that the institution of higher is approved under this
chapter; and
``(E) is easily accessible to individuals described
in subsection (a) and to the general public.''.
(2) Accessibility from g.i. bill comparison tool.--The
Secretary shall ensure that--
(A) the feedback tracked and published under
subsection (b)(2) of such section, as amended by
paragraph (1), is prominently displayed in the tool
maintained under subsection (a) of this section; and
(B) when such tool displays information for an
institution of higher learning, the applicable feedback
is also displayed for such institution of higher
learning.
(d) Training for Provision of Education Counseling Services.--
(1) In general.--Not less than one year after the date of
the enactment of this Act, the Secretary shall ensure that
personnel employed or contracted by the Department of Veteran
Affairs to provide education benefits counseling, vocational or
transition assistance, or similar functions, including
employees or contractors of the Department who provide such
counseling or assistance as part of the Transition Assistance
Program, are trained on how--
(A) to use properly the tool maintained under
subsection (a); and
(B) to provide appropriate educational counseling
services to veterans, members of the Armed Forces, and
other individuals.
(2) Transition assistance program defined.--In this
subsection, the term ``Transition Assistance Program'' means
the program of counseling, information, and services under
section 1142 of title 10, United States Code.
SEC. 3. RESTORATION OF ENTITLEMENT TO VETERANS EDUCATIONAL ASSISTANCE
AND OTHER RELIEF FOR VETERANS AFFECTED BY CIVIL
ENFORCEMENT ACTIONS AGAINST EDUCATIONAL INSTITUTIONS.
(a) In General.--Section 3699(b)(1) of title 38, United States
Code, is amended--
(1) in subparagraph (A), by striking ``; or'' and inserting
a semicolon;
(2) in subparagraph (B)(ii), by striking ``; and'' and
inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) a Federal or State civil enforcement action
against the education institution; or
``(D) an action taken by the Secretary; and''.
(b) Mechanism.--The Secretary of Veterans Affairs shall establish a
simple mechanism that can be used by an individual described in
subsection (b)(1) of section 3699 of such title by reason of
subparagraph (C) or (D) of such subsection, as added by subsection
(a)(3) of this section, to obtain relief under section 3699(a) of such
title.
(c) Partial Restoration of Entitlements.--Subsection (a) of such
section is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) in the matter before subparagraph (A), as redesignated
by paragraph (1), by striking ``Any payment'' and inserting
``(1) Subject to paragraph (2), any payment''; and
(3) by adding at the end the following new paragraph (2):
``(2) A payment of educational assistance described in subsection
(b) by reason of subparagraph (C) or (D) of paragraph (1) of such
subsection may be charged against the entitlement to educational
assistance of the individual concerned--
``(A) if the individual requests such charge; and
``(B) to such percentage of charge as the individual may
specify, except that such percentage may not be less than zero
or more than 100.''.
(d) Conforming Amendments.--
(1) Section heading.--The heading for section 3699 of such
title is amended by striking ``or disapproval of educational
institution'' and inserting ``of, disapproval of, or civil
enforcement actions against educational institutions''.
(2) Subsection heading.--The heading for subsection (a) of
such section is amended by striking ``or Disapproval'' and
inserting ``, Disapproval, Civil Enforcement Actions, and Other
Actions by Secretary of Veterans Affairs''.
(3) Table of sections.--The table of sections at the
beginning of chapter 36 of such title is amended by striking
the item relating to section 3699 and inserting the following
new item:
``3699. Effects of closure of, disapproval of, or civil enforcement
actions against educational
institutions.''.
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