Library / Laws / 113th / s / S. 2837 / Introduced in Senate
II
113th CONGRESS
2d Session
S. 2837
IN THE SENATE OF THE UNITED STATES
September 17 (legislative day, September 16), 2014Mr. Carper introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
A BILL
To count revenues from military and veteran education programs toward the limit on Federal revenues
that certain proprietary institutions of higher education are allowed to
receive for purposes of section 487 of the Higher Education Act of 1965,
and for other purposes.
1.
Short
title
This Act may be cited as
the Military and Veterans Education
Protection Act.
2.
Program
participation agreements for proprietary institutions of higher
education
Section 487 of the
Higher Education Act of 1965 (20 U.S.C. 1094) is amended—
(1) in subsection
(a)(24)—
(A) by inserting
that receives funds provided under this title before ,
such institution; and
(B) by striking
other than funds provided under this title, as calculated in accordance
with subsection (d)(1) and inserting other than Federal
educational assistance, as defined in subsection (d)(5) and calculated in
accordance with subsection (d)(1); and
(2) in subsection
(d)—
(A) in the subsection
heading, by striking Non-Title IV and inserting
Non-Federal
educational;
(B) in paragraph
(1)—
(i) in
the matter preceding subparagraph (A), by inserting that receives funds
provided under this title before shall;
(ii) in
subparagraph (B)—
(I) in clause (i), by
striking assistance under this title and inserting
Federal educational assistance; and
(II) in clause
(ii)(I), by inserting , or on a military base if the administering
Secretary for a program of Federal educational assistance under clause
(ii),
(iii), or (iv) of paragraph (5)(B) has authorized such location before
the semicolon;
(iii) in subparagraph
(C), by striking program under this title and inserting
program of Federal educational assistance;
(iv) in
subparagraph (E), by striking funds received under this title
and inserting Federal educational assistance; and
(v) in
subparagraph (F)—
(I) in clause (iii),
by striking under this title and inserting of Federal
educational assistance; and
(II) in clause (iv),
by striking under this title and inserting of Federal
educational assistance;
(C) in paragraph
(2)—
(i) by
striking subparagraph (A) and inserting the following:
(A)
Ineligibility
(i)
In
general
Notwithstanding any
other provision of law, a proprietary institution of higher
education receiving
funds provided under this title that fails to meet a requirement of
subsection
(a)(24) for two consecutive institutional fiscal years shall be
ineligible to
participate in or receive funds under any program of Federal
educational
assistance for a period of not less than two institutional fiscal
years.
(ii)
Regaining
eligibility
To regain
eligibility to participate in or receive funds under any program of
Federal
educational assistance after being ineligible pursuant to clause
(i), a
proprietary institution of higher education shall demonstrate
compliance with
all eligibility and certification requirements for the program for
a minimum of
two institutional fiscal years after the institutional fiscal year
in which the
institution became ineligible. In order to regain eligibility to
participate in
any program of Federal educational assistance under this title,
such compliance
shall include meeting the requirements of section 498 for such
2-year
period.
(iii)
Notification
of ineligibility
The
Secretary of Education shall determine when a proprietary
institution of higher
education that receives funds under this title is ineligible under
clause (i)
and shall notify all other administering Secretaries of the
determination.
(iv)
Enforcement
Each administering Secretary for a program
of Federal educational assistance shall enforce the requirements of
this
subparagraph for the program concerned upon receiving notification
under clause
(iii) of a proprietary institution of higher education's
ineligibility.
;
and
(ii) in
subparagraph (B)—
(I) in the matter
preceding clause (i)—
(aa) by
striking In addition and all that follows through
education fails and inserting Notwithstanding any other
provision of law, in addition to such other means of enforcing the
requirements
of a program of Federal educational assistance as may be available to the
administering Secretary, if a proprietary institution of higher education
that
receives funds provided under this title fails; and
(bb) by
striking the programs authorized by this title and inserting
all programs of Federal educational assistance; and
(II) in clause (i),
by inserting with respect to a program of Federal educational assistance
under this title, before on the expiration date;
(D) in paragraph
(4)(A), by striking sources under this title and inserting
Federal educational assistance; and
(E) by adding at the
end the following:
(5)
Definitions
In
this subsection:
(A)
Administering
Secretary
The term administering Secretary means the
Secretary of Education, the Secretary of Defense, the Secretary of
Veterans
Affairs, the Secretary of Homeland Security, or the Secretary of a
military
department responsible for administering the Federal educational
assistance
concerned.
(B)
Federal
educational assistance
The term Federal educational
assistance means funds provided under any of the following provisions of
law:
(i) This
title.
(ii) Chapter 30, 31,
32, 33, 34, or 35 of title 38, United States Code.
(iii) Chapter 101,
105, 106A, 1606, 1607, or 1608 of title 10, United States Code.
(iv) Section 1784a of
title 10, United States
Code.
.
3.
Department of
Defense and Department of Veterans Affairs actions on ineligibility of
certain
proprietary institutions of higher education for participation in programs
of
educational assistance
(a)
Department of
Defense
(1)
In
general
Chapter 101 of title 10, United States Code, is amended
by inserting after section 2008 the following new section:
2008a.
Ineligibility
of certain proprietary institutions of higher education for
participation in
Department of Defense programs of educational assistance
(a)
In
general
Upon receipt of a notice from the Secretary of Education
under clause (iii) of section 487(d)(2)(A) of the Higher Education
Act of 1965
(20 U.S.C. 1094(d)(2)(A)) that a proprietary institution of higher
education is
ineligible for participation in or receipt of funds under any
program of
Federal educational assistance by reason of such section, the
Secretary of
Defense shall ensure that no educational assistance under the
provisions of law
specified in subsection (b) is available or used for education at
the
institution for the period of institutional fiscal years covered by
such
notice.
(b)
Covered
assistance
The provisions of law specified in this subsection are
the provisions of law on educational assistance through the
Department of
Defense as follows:
(1) This
chapter.
(2) Chapters 105,
106A, 1606, 1607, and 1608 of this title.
(3) Section 1784a of
this title.
(c)
Notice on
ineligibility
(1) The Secretary of
Defense shall take appropriate actions to notify persons receiving
or eligible
for educational assistance under the provisions of law specified in
subsection
(b) of the application of the limitations in section 487(d)(2) of
the Higher
Education Act of 1965 to particular proprietary institutions of
higher
education.
(2) The actions taken under this
subsection with respect to a proprietary institution shall include
publication,
on the Internet website of the Department of Defense that provides
information
to persons described in paragraph (1), of the following:
(A) The name of the institution.
(B) The extent to which the institution
failed to meet the requirements of section 487(a)(24) of the Higher
Education
Act of 1965.
(C) The length of time the institution
will be ineligible for participation in or receipt of funds under
any program
of Federal educational assistance by reason of section 487(d)(2)(A)
of that
Act.
(D) The nonavailability of educational
assistance through the Department for enrollment, attendance, or
pursuit of a
program of education at the institution by reason of such
ineligibility.
.
(2)
Clerical
amendment
The table of sections at the beginning of chapter 101
of such title is amended by inserting after the item relating to section
2008
the following new item:
2008a. Ineligibility of certain proprietary institutions of
higher education for participation in Department of Defense
programs of
educational
assistance.
.
(b)
Department of
Veterans Affairs
(1)
In
general
Subchapter II of chapter 36 of title 38, United States
Code, is amended by inserting after section 3681 the following new
section:
3681A.
Ineligibility
of certain proprietary institutions of higher education for
participation in
Department of Veterans Affairs programs of educational assistance
(a)
In
general
Upon receipt of a notice from the Secretary of Education
under clause (iii) of section 487(d)(2)(A) of the Higher Education
Act of 1965
(20 U.S.C. 1094(d)(2)(A)) that a proprietary institution of higher
education is
ineligible for participation in or receipt of funds under any
program of
Federal educational assistance by reason of such section, the
Secretary of
Veterans Affairs shall ensure that no educational assistance under
the
provisions of law specified in subsection (b) is available or used
for
education at the institution for the period of institutional fiscal
years
covered by such notice.
(b)
Covered
assistance
The provisions of law specified in this subsection are
the provisions of law on educational assistance through the
Department under
chapters 30, 31, 32, 33, 34, and 35 of this title.
(c)
Notice on
ineligibility
(1) The Secretary of
Veterans Affairs shall take appropriate actions to notify persons
receiving or
eligible for educational assistance under the provisions of law
specified in
subsection (b) of the application of the limitations in section
487(d)(2) of
the Higher Education Act of 1965 to particular proprietary
institutions of
higher education.
(2) The actions taken under this
subsection with respect to a proprietary institution shall include
publication,
on the Internet website of the Department that provides information
to persons
described in paragraph (1), of the following:
(A) The name of the institution.
(B) The extent to which the institution
failed to meet the requirements of section 487(a)(24) of the Higher
Education
Act of 1965.
(C) The length of time the institution
will be ineligible for participation in or receipt of funds under
any program
of Federal educational assistance by reason of section 487(d)(2)(A)
of that
Act.
(D) The nonavailability of educational
assistance through the Department for enrollment, attendance, or
pursuit of a
program of education at the institution by reason of such
ineligibility.
.
(2)
Clerical
amendment
The table of sections at the beginning of chapter 36 of
such title is amended by inserting after the item relating to section 3681
the
following new item:
3681A. Ineligibility of certain proprietary institutions of
higher education for participation in Department of Veterans
Affairs programs
of educational
assistance.
.