,,ii #aacth ,,congress #ast ,session ,s4 #agag ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ad1 #bjac,mr4 ,kaine 7for himself and ,mr4 ,chambliss7 introduced the following bill2 which was read twice and referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to amend title #ch1 ,united ,states ,code1 to improve oversight of educational assistance provided under laws administered by the ,secretary of ,veterans ,affairs and the ,secretary of ,defense1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,servicemember ,education ,reform and ,vocational ,enhancement ,act of #bjac or the ,,serve ,act of #bjac4 #b4 ,additional requirements for approval of courses of education for purposes of educational assistance under laws administered by ,secretary of ,veterans ,affairs and ,secretary of ,defense 7a7 ,automatic approval by ,secretary of ,veterans ,affairs of degree programs approved by ,secretary of ,education ,clause 7i7 of section #cfgb7;b77#b77;,a7 of title #ch1 ,united ,states ,code1 is amended to read as follows3 7i7 ,a course that is described by section #cfge7;a7 of this title4 4 7b7 ,approval by ,secretary of ,veterans ,affairs of non-,degree programs approved by ,secretary of ,education 7#a7 ,in general ,section #cfge of such title is amended-- 7,a7 by redesignating subsections 7b7 and 7c7 as subsections 7c7 and 7d71 respectively2 7,b7 by striking subsection 7a72 and 7,c7 by inserting before subsection 7c71 as redesignated by subparagraph 7,a71 the following new subsections3 7a7 ,the ,secretary or a ,state approving agency may only approve a course that leads to an associate or higher degree when such course is an eligible program 7as defined in section #dha of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhh77 offered by an institution of higher education 7as defined in section #ajb of such ,act 7#bj ,u4,s4,c4 #ajjb77 that has entered into1 and is complying with1 a program participation agreement under section #dhg of such ,act 7#bj ,u4,s4,c4 #ajid74 7b7 7#a7 ,the ,secretary or a ,state approving agency may approve a course that does not lead to an associate or higher degree when-- 7,a7 such course-- 7i7 is an eligible program 7as defined in section #dha of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhh77 offered by an institution of higher education 7as defined in section #ajb of such ,act 7#bj ,u4,s4,c4 #ajjb77 that has entered into1 and is complying with1 a program participation agreement under section #dhg of such ,act 7#bj ,u4,s4,c4 #ajid72 7ii7 in the case of a course designed to prepare individuals for licensure or certification1 meets the instructional curriculum licensure or certification requirements of the ,state in which the institution is located2 and 7iii7 in the case of a course designed to prepare an individual for employment by a ,state board or agency in an occupation that requires approval or licensure for such employment1 is approved or licensed by such ,state board or agency2 7,b7 such course is accepted by the ,state department of education for credit for a teacher's certificate2 or 7,c7 such course is approved by the ,state as meeting the requirement of regulations prescribed by the ,secretary of ,health and ,human ,services under sections #ahai7;f77#b77;,a77i7 and #aiai7;f77#b77;,a77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i-#c7;f77#b77;,a77i7 and #acifr7f77#b77;,a77i774 7#b7 7,a7 ,an educational institution shall submit an application for approval of courses to the appropriate ,state approving agency4 ,in making application for approval1 the institution 7other than an elementary school or secondary school7 shall transmit to the ,state approving agency copies of its catalog or bulletin which must be certified as true and correct in content and policy by an authorized representative of the institution4 7,b7 ,each catalog or bulletin transmitted by an institution under subparagraph 7,a7 of this paragraph shall-- 7i7 state with specificity the requirements of the institution with respect to graduation2 7ii7 include the information required under paragraphs 7#f7 and 7#g7 of section #cfgf7;b7 of this title2 and 7iii7 include any attendance standards of the institution1 if the institution has and enforces such standards4 4 7#b7 ,conforming amendments ,such title is amended-- 7,a7 in section #cdeb7;g71 by striking under the provisions of section #cfge of this title2 7,b7 in section #ceja7aa71 by striking under the provisions of section #cfge of this title2 7,c7 in section #cfgb7;b77#b77;,a71 by striking #cfge7;b77#a7 and 7b77#b7 and inserting #cfge7;c77#a7 and 7c77#b72 and 7,d7 in the heading for section #cfge1 by striking accredited courses and inserting courses approved by ,secretary of ,education4 7#c7 ,clerical amendment ,the table of sections at the beginning of chapter #cf of such title is amended by striking the item relating to section #cfge and inserting the following new item3 #cfge4 ,approval of courses approved by ,secretary of ,education4 4 7c7 ,approval by ,secretary of ,veterans ,affairs of non-,degree programs not approved by ,secretary of ,education 7#a7 ,in general ,subsection 7a7 of section #cfgf of such title is amended to read as follows3 7a7 ,no course of education which has not been approved by the ,secretary or a ,state approving agency under section #cfge of this title shall be approved for the purposes of this chapter unless-- 7#a7 the course-- 7,a7 does not lead to an associate or higher degree2 7,b7 was not an eligible program 7as defined in section #dha of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhh77 at any time during the most recent two-year period2 and 7,c7 is a course that the ,secretary or ,state approving agency determines1 in accordance with this section and such regulations as the ,secretary shall prescribe and on a case-by-case basis1 that approval of which would further the purposes of this chapter or any of chapters #cj through #ce of this title2 and 7#b7 the educational institution offering such course submits to the appropriate ,state approving agency a written application for approval of such course in accordance with the provisions of this chapter4 4 7#b7 ,additional requirements ,subsection 7c7 of section #cfgf of such title is amended-- 7,a7 by redesignating paragraph 7#ad7 as paragraph 7#ah72 and 7,b7 by inserting after paragraph 7#ac7 the following new paragraphs3 7#ad7 ,courses that prepare individuals for licensure or certification have verified that the course's instructional curriculum appropriately includes the licensure or certification requirements in the ,state in which the institution deems such curriculum does4 7#ae7 ,courses for which a ,state board or agency in the ,state in which the course is designed to prepare a student requires approval or licensure for employment in the recognized occupation in the ,state is approved or licensed by such ,state board or agency4 7#af7 ,in the case of an educational institution that advertises job placement rates as a means of attracting students to enroll in a course of education offered by the educational institution1 the application contains any other information necessary to substantiate the truthfulness of such advertisements4 7#ag7 ,the educational institution does not make any misrepresentations 7as defined in section #ffh4ga of title #cd1 ,code of ,federal ,regulations 7or any corresponding similar regulation or ruling77 regarding the nature of its educational program1 the nature of its financial charges1 or the employability of its graduates 7as defined in sections #ffh4gb through #ffh4gd of such title1 respectively 7or any corresponding similar regulations or rulings774 4 7#c7 ,conforming amendments ,section #cfgf of such title is amended-- 7,a7 in the heading for such section1 by striking nonaccredited courses and inserting courses not approved by ,secretary of ,education2 and 7,b7 in subsection 7c71 in the matter before paragraph 7#a71 by striking non-accredited4 7#d7 ,clerical amendment ,the table of sections at the beginning of chapter #cf of such title is amended by striking the item relating to section #cfge and inserting the following new item3 #cfgf4 ,approval of courses not approved by ,secretary of ,education4 4 7d7 ,additional requirements for approval of programs for educational assistance for persons enlisting for active duty ,section #badc of title #aj1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking to subsection 7b7 and inserting to subsections 7b7 and 7c72 7#b7 by redesignating subsection 7c7 as subsection 7d72 and 7#c7 by inserting after subsection 7b7 the following new subsection 7c73 7c7 7#a7 ,except as provided in paragraph 7#b71 a person entitled to assistance under this chapter may only use such assistance for educational expenses incurred for an eligible program 7as defined in section #dha of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhh77 that-- 7,a7 is offered by an institution of higher education 7as defined in section #ajb of such ,act 7#bj ,u4,s4,c4 #ajjb77 that has entered into1 and is complying with1 a program participation agreement under section #dhg of such ,act 7#bj ,u4,s4,c4 #ajid72 7,b7 in the case of a program designed to prepare individuals for licensure or certification1 meets the instructional curriculum licensure or certification requirements of the ,state in which the institution is located2 and 7,c7 in the case of a program designed to prepare individuals for employment by a ,state board or agency in an occupation that requires approval or licensure for such employment1 is approved or licensed by such ,state board or agency4 7#b7 ,the ,secretary may1 in accordance with regulations the ,secretary shall prescribe1 authorize the use of educational assistance awarded under this chapter for educational expenses incurred for a program of education that is not described in paragraph 7#a7 if such program-- 7,a7 is accredited and approved by a nationally recognized accrediting agency or association2 7,b7 was not an eligible program described in paragraph 7#a7 at any time during the most recent two-year period2 and 7,c7 is a program that the ,secretary determines1 on a case-by-case basis1 that approval of which would further the purposes of the program established under section #bada of this title4 4 7e7 ,effective date ,the amendments made by this section shall take effect on ,august #a1 #bjad4 #c4 ,requirement that educational institutions furnish ,secretary of ,veterans ,affairs with information necessary to provide education information to veterans ,section #cfih of title #ch1 ,united ,states ,code1 is amended-- 7#a7 redesignating subsection 7f7 as subsection 7g72 and 7#b7 by inserting after subsection 7e7 the following new subsection 7f73 7f7 ,authority ,to obtain information from educational institutions 7#a7 ,if the ,secretary determines that the ,secretary requires information from an educational institution to provide information pursuant to subsection 7b77#e71 the ,secretary may request such information from such educational institution4 7#b7 ,the ,secretary may not approve a course offered by an educational institution under this chapter if such educational institution fails to comply with a request made by the ,secretary under paragraph 7#a74 4 #d4 ,requirement that educational institutions provide academic or career counseling to veterans and members of ,armed ,forces 7a7 ,academic and career counseling 7#a7 ,in general ,subchapter ,i of chapter #cf of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #cfgi;,a4 ,provision of academic or career counseling 7a7 ,in general 7#a7 ,an educational institution with a covered individual enrolled in programs of education at the educational institution may not be approved under this chapter unless the educational institution provides academic or career counseling to each covered individual enrolled in a program of education at the educational institution4 7#b7 ,counseling provided under paragraph 7#a7 to a covered individual shall be provided before the educational institution receives any amount from the ,secretary for the individual's pursuit of a program of education4 7#c7 ,at a minimum1 the academic or career counseling provided under paragraph 7#a7 shall include the following3 7,a7 ,an overview of the educational assistance resources available to the individual at the educational institution4 7,b7 ,discussion of how enrollment in the individual's program of education will further the student's academic or career goals4 7#d7 ,the ,secretary shall encourage educational institutions to assist covered individuals in developing a personalized academic and career plan as part of individualized1 one-on-one educational counseling provided under paragraph 7#a74 7b7 ,waiver ,the ,secretary may1 on a case-by-case basis1 waive the requirement to provide academic or career counseling under paragraph 7#a7 for an educational institution for an academic year if-- 7#a7 the ,secretary determines that the educational institution has demonstrated that providing such counseling during such academic year would lead to severe financial hardship2 and 7#b7 the educational institution submits to the ,secretary a plan to provide such counseling during the following academic year4 7c7 ,covered individual defined ,in this section1 the term covered individual1 with respect to enrollment in a program of education1 means an individual who is receiving educational assistance under this chapter or any of chapters #cj through #ce of this title or under chapters #ajf;,a and #afjf of title #aj for such program of education4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #cf of such title is amended by inserting after the item relating to section #cfgi the following new item3 #cfgi;,a4 ,provision of academic or career counseling4 4 7b7 ,conforming amendment ,section #cfgb7;b77#b77;,a7 of such title 7as amended by section #c7;a77#b77 is further amended by striking and #cfif and inserting #cfif1 and #cfgi;,a4 7c7 ,effective date ,section #cfgi;,a of such title1 as added by paragraph 7#a71 shall take effect on ,august #a1 #bjad4 #e4 ,state approving agencies 7a7 ,education and outreach 7#a7 ,in general ,subchapter ,i of chapter #cf of title #ch1 ,united ,states ,code1 is amended by inserting after section #cfgd;,a the following new section3 #cfgd;,b4 ,education and outreach 7a7 ,education and outreach required ,as a condition on receipt of reimbursement expenses under section #cfgd of this title1 each ,state approving agency shall conduct such education and outreach activities for individuals who are eligible to receive or are receiving educational assistance under this chapter or any of chapters #cj through #ce of this title as the ,secretary considers appropriate to assist such individuals in making well-informed choices about their education and successfully transitioning into an educational environment4 7b7 ,coordination ,each ,state approving agency conducting outreach activities under subsection 7a7 shall coordinate with the ,secretary of ,defense to ensure1 as the ,secretary of ,defense considers appropriate1 that information on educational assistance available under this chapter and chapters #cj through #ce of this title is made readily available as part of the ,transition ,assistance ,program 7,,tap7 of the ,department of ,defense in the ,state of the ,state approving agency4 7c7 ,manner ,information made available as part of education and outreach activities under this section shall be made-- 7#a7 in language that can be easily understood by individuals described in paragraph 7#a72 7#b7 in a uniform and easily accessible manner2 and 7#c7 through such means as may be appropriate and effective1 including through publications1 mailings1 and electronic media4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #cf of such title is amended by inserting after the item relating to section #cfgd;,a the following new item3 #cfgd;,b4 ,education and outreach4 4 7b7 ,audits ,section #cfgc7;d7 of such title is amended-- 7#a7 by inserting 7#a7 before ,the ,secretary2 and 7#b7 by adding at the end the following new paragraph3 7#b7 ,each year1 each ,state approving agency1 as a condition of receiving reimbursement of expenses under section #cfgd of this title1 shall conduct such audits as the ,secretary considers appropriate1 including unannounced audits and audits using risk-based approaches1 of educational institutions in the ,state of the ,state approving agency that have students enrolled in programs of education at the educational institutions who are receiving educational assistance under this chapter or any of chapters #cj through #ce of this title 7without regard to whether the ,secretary or the ,state approving agency approved the courses offered7 in such ,state-- 7,a7 to detect misrepresentation1 fraud1 waste1 and abuse2 7,b7 to ensure full compliance with the provisions of this chapter2 and 7,c7 for such other purposes as the ,secretary considers appropriate4 4 7c7 ,reports ,section #cfgd7;a77#c7 of such title is amended-- 7#a7 by inserting 7,a7 before ,each ,state2 and 7#b7 by adding at the end the following new subparagraph3 7,b7 ,each report submitted under subparagraph 7,a7 shall include the following3 7i7 ,the number of visits made by the agency to educational institutions1 including the number of such visits that were made without the prior knowledge of such educational institution4 7ii7 ,a description of the audits carried out by the agency under section #cfgc7;d77#b7 of this title and the findings of the agency1 including with respect to any substantiated findings of misrepresentation1 fraud1 waste1 abuse1 or failure to comply with an applicable requirement of this chapter and the steps taken by the agency to address such fraud1 waste1 abuse1 or failure to comply4 7iii7 ,a description of the outreach and training activities conducted by the agency under section #cfgd;,b of this title4 4 7d7 ,effective date ,the amendments made by this section shall take effect on ,august #a1 #bjad4 #f4 ,mandatory compliance reviews 7a7 ,in general ,section #cfic of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7c7 ,in addition to the annual compliance surveys conducted under subsection 7a71 the ,secretary shall also conduct a compliance review1 in accordance with such regulations as the ,secretary shall prescribe1 of an educational institution described in such subsection whenever the ,secretary finds any of the following3 7#a7 ,the student dropout rate of the institution has increased rapidly4 7#b7 ,the cohort default rate1 as defined in section #dce7m7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhe7m771 of the educational institution has increased rapidly or is consistently higher than the average of cohort default rate of comparable educational institutions4 7#c7 ,the number of substantiated complaints filed with the centralized complaint system established under section #d of ,executive ,order #acfjg 7#gg ,fed4 ,reg4 #behfc7 with respect to the educational institution have increased rapidly or is consistently higher than the number of substantiated complaints filed with respect to other comparable educational institutions4 7#d7 ,the educational institution is the subject of a civil lawsuit in ,federal or ,state court1 is charged with a crime under ,federal or ,state law1 or is the subject of an official investigation of a ,state or ,federal agency for misconduct4 7#e7 ,the educational institution has significant growth in revenue resulting from tuition1 including tuition paid with assistance provided under this chapter1 chapters #cj through #ce of this title1 or chapters #ajf;,a or #afjf of title #aj1 which cannot be attributed to changes made to such chapters by ,acts of ,congress or changes to the administration of such chapters4 7#f7 ,such other findings as the ,secretary considers warrant conducting a compliance survey under subsection 7a74 4 7b7 ,effective date ,subsection 7c7 of such section1 as added by subsection 7a71 shall take effect on ,august #a1 #bjad4 #g4 ,pilot program on facilitating pursuit of programs of apprenticeship and other on-job training with educational assistance under ,post-#i_/aa ,educational ,assistance 7a7 ,pilot program required ,the ,secretary of ,veterans ,affairs1 in cooperation with the ,secretary of ,defense1 the ,secretary of ,education1 the ,secretary of ,labor1 and such ,state agencies as the ,secretary of ,veterans ,affairs considers appropriate1 shall commence a pilot program to assess the feasibility and advisability of developing policy1 processes1 and best practices-- 7#a7 to ensure the availability of covered programs of education to veterans seeking to pursue such programs with educational assistance under chapter #cc of title #ch1 ,united ,states ,code2 and 7#b7 to encourage veterans to pursue covered programs of education with educational assistance under such chapter4 7b7 ,covered programs of education ,for purposes of this section1 a covered program of education is-- 7#a7 a program of apprenticeship or other on-job training2 or 7#b7 a program of vocational training that is developed with the intent and the ability to place veterans in positions of employment with identified companies in specific career fields4 7c7 ,locations ,the ,secretary of ,veterans ,affairs shall carry out the pilot program in five ,states selected by the ,secretary for purposes of the pilot program4 7d7 ,outreach ,under the pilot program1 the ,secretary of ,veterans ,affairs shall conduct outreach as follows3 7#a7 ,to members of the ,armed ,forces and veterans through the ,transition ,assistance ,program 7,,tap71 veterans service organizations1 one-stop centers1 workforce investment boards and agencies1 the ,disabled ,veterans' ,outreach ,program1 local employment representatives1 education and employment centers of the ,department of ,veterans ,affairs1 and such other methods1 programs1 and venues as the ,secretary of ,veterans ,affairs considers appropriate on-- 7,a7 the availability of educational assistance under chapter #cc of title #ch1 ,united ,states ,code1 for the pursuit of a covered program of education2 7,b7 the benefits of pursuing a covered program of education2 and 7,c7 the process for obtaining such assistance4 7#b7 ,to members of the business community and nonprofit organizations on any tax1 financial1 or other incentives or benefits as may be available-- 7,a7 for providing programs of apprenticeship or other on-job training to individuals eligible for educational assistance under such chapter to pursue such programs2 or 7,b7 for cooperating with or supporting a program described in subsection 7b77#b74 7e7 ,definitions ,in this section2 7#a7 ,one-stop center ,the term one-stop center means a center described in section #acd7;c7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhfd7;c774 7#b7 ,veterans service organization ,the term veterans service organization means an organization recognized by the ,secretary of ,veterans ,affairs for the representation of veterans under section #eijb of title #ch1 ,united ,states ,code4 #h4 ,expansion of reporting requirements ,section #ccbe of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a71 by inserting and chapters #ajf;,a and #afjf of title #aj after this chapter2 7#b7 in subsection 7b71 in the matter before paragraph 7#a71 by inserting 1 disaggregated by for-profit and not-for-profit educational institutions after this section2 7#c7 in subsection 7c71 in the matter before paragraph 7#a71 by inserting 1 disaggregated by for-profit and not-for-profit educational institutions after this section2 7#d7 by redesignating subsection 7d7 as subsection 7e72 and 7#e7 by inserting after subsection 7c7 the following new subsection 7d73 7d7 ,contents of reports of both secretaries ,each secretary shall include in each report submitted under this section1 for the period covered by the report and disaggregated by for-profit and not-for-profit educational institutions1 the following3 7#a7 ,all substantiated reports of misrepresentation1 waste1 fraud1 abuse1 or other acts that are inconsistent with the requirements of chapter #cf of this title by an educational institution at which an individual is enrolled in a program of education for which the individual is receiving educational assistance under a law administered by the respective ,secretary1 including complaints filed with the centralized complaint system established under section #d of ,executive ,order #acfjg 7#gg ,fed4 ,reg4 #behfc74 7#b7 ,a list of educational institutions which had courses of education that were approved under chapter #cf of this title in the previous year but were found1 in the year covered by the report1 not in compliance with a requirement of such chapter4 4