,i #aafth ,,congress #ast ,session ,h4 ,r4 #dfbe ,,in ,,the ,,house ,,of ,,representatives ,october #h1 #bjai,mr4 ,levin of ,california introduced the following bill2 which was referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to amend title #ch1 ,united ,states ,code1 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 ,affairs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protect the ,,gi ,bill ,act4 #b4 ,requirements for educational institutions participating in the educational assistance programs of the ,department of ,veterans ,affairs ,section #cfgi of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7f7 7#a7 ,except as provided by paragraph 7#e71 a ,state approving agency1 or the ,secretary when acting in the role of the ,state approving agency1 shall take an action described in paragraph 7#d77;,a7 if the ,state approving agency or the ,secretary determines that an educational institution does not perform any of the following3 7,a7 ,prior to the enrollment of a covered individual in a course of education at the educational institution1 provide the individual with a form that contains information personalized to the individual that describes-- 7i7 the total cost of the course1 including tuition1 fees1 books1 supplies1 and any other additional costs2 7ii7 an estimate of the cost for living expenses for students enrolled in the course2 7iii7 the amount of the costs under clauses 7i7 and 7ii7 that are covered by the educational assistance provided to the individual under chapter #cj1 #cb1 #cc1 or #ce of this title1 or chapter #afjf or #afjg of title #aj1 as the case may be2 7iv7 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 receive2 7v7 an estimate of the amount of student loan debt the individual would have upon graduation2 7vi7 information regarding graduation rates2 7vii7 job-placement rates for graduates of the course1 if available2 7viii7 any conditions or additional requirements1 including training1 experience1 or examinations1 required to obtain the license1 certification1 or approval for which the course of education is designed to provide preparation2 and 7ix7 other information to facilitate comparison by the individual of aid packages offered by different educational institutions4 7,b7 ,not later than #ae days after the date on which the institution 7or the governing body of the institution7 determines tuition rates and fees for an academic year that is different than the amount being charged by the institution1 provide a covered individual enrolled in a course of education at the educational institution with the form under subparagraph 7,a7 that contains updated information4 7,c7 ,maintain policies to-- 7i7 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 institution2 and 7ii7 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 individual4 7,d7 ,maintain policies to-- 7i7 prohibit the automatic renewal of a covered individual in courses and programs of education2 and 7ii7 ensure that each covered individual approves of the enrollment of the individual in a course4 7,e7 ,provide to a covered individual enrolled in a course of education at the educational institution with information regarding the requirements to graduate from such course1 including information regarding when required classes will be offered and a timeline to graduate4 7,f7 ,with respect to an accredited educational institution1 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 quality1 objectives1 scope1 or control of the institution4 7,g7 ,maintain a policy that-- 7i7 ensures that members of the ,armed ,forces1 including the reserve components and the ,national ,guard1 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 ,forces2 and 7ii7 otherwise accommodates such members during short absences by reason of such service4 7,h7 ,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 counseling1 financial counseling1 disability counseling1 and other information regarding completing a course of education at such institution1 including by referring such individuals and family to the appropriate persons for such counseling and information4 7#b7 ,except as provided by paragraph 7#e71 a ,state approving agency1 or the ,secretary when acting in the role of the ,state approving agency1 shall take an action described in paragraph 7#d77;,a7 if the ,state approving agency1 the ,secretary1 or the ,federal ,trade ,commission1 determines that an educational institution does any of the following3 7,a7 ,carries out fraudulent or persistent recruiting techniques1 including on military installations1 that may include-- 7i7 misrepresentation or payment of incentive compensation2 7ii7 during any one-month period making three or more unsolicited contacts to a covered individual1 including contacts by phone1 email1 or in-person2 or 7iii7 engaging in same-day recruitment and registration4 7,b7 ,pays inducements1 including any gratuity1 favor1 discount1 entertainment1 hospitality1 loan1 transportation1 lodging1 meals1 or other item having a monetary value of more than a de minimis amount1 to any individual or entity1 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 title1 with the exception of scholarships1 grants1 and tuition reductions provided by the educational institution4 7#c7 ,a ,state approving agency1 or the ,secretary when acting in the role of the ,state approving agency1 shall take an action described in paragraph 7#d77;,a7 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 institution1 including any of the following3 7,a7 ,a show cause order4 7,b7 ,accreditor sanctions4 7,c7 ,accreditation probation4 7,d7 ,the loss of accreditation or candidacy for accreditation4 7#d7 7,a7 ,an action described in this subparagraph is any of the following3 7i7 ,publishing a warning on the internet website of the ,department described in section #cfih7;c77#b7 of this title1 or such other similar internet website of the ,department1 that describes how an educational institution is failing to meet a requirement under paragraph 7#a7 or 7#b74 7ii7 ,prohibiting the pursuit by an individual of a course of education at an educational institution under chapter #cj1 #cb1 #cc1 or #ce of this title1 or chapter #afjf or #afjg of title #aj1 during the period beginning on the date of such prohibition and ending on a date specified by the ,state approving agency1 in consultation with the ,secretary1 or the ,secretary when acting in the role of the ,state approving agency1 unless the individual was enrolled at the institution before such period4 7,b7 ,the ,secretary shall establish guidelines to ensure that the actions described in subparagraph 7,a7 are applied in a proportional and uniform manner by ,state approving agencies1 or the ,secretary when acting in the role of the ,state approving agency4 7#e7 ,the ,secretary may waive the requirements of paragraph 7#a7 or waive the requirements of paragraph 7#b7 with respect to an educational institution for a one-academic-year period beginning in ,august of the year in which the waiver is made4 ,a single educational institution may not receive waivers under this paragraph for more than two consecutive academic years4 7#f7 ,on an annual basis1 the ,secretary shall submit to the ,committees on ,veterans' ,affairs of the ,house of ,representatives and the ,senate1 and make publicly available1 a report that includes the following3 7,a7 ,a summary of each action described in paragraph 7#d77;,a7 made during the year covered by the report1 including-- 7i7 the name of the educational institution2 7ii7 the type of action taken2 7iii7 the rationale for the action1 including how the educational institution was not in compliance with this subsection2 7iv7 the length of time that the educational institution was not in such compliance2 and 7v7 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 report4 7,b7 ,a summary and justifications for the waivers made under paragraph 7#e7 during the year covered by the report1 including the total number of waivers each educational institution has received4 7,c7 ,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 ,government4 7#g7 ,in this subsection1 the term covered individual means an individual who is pursuing a course of education at an educational institution under chapter #cj1 #cb1 #cc1 or #ce of this title4 4 #c4 ,improvements to limitation on certain advertising1 sales1 and enrollment practices 7a7 ,substantial misrepresentation 7#a7 ,in general ,subsection 7a7 of section #cfif of title #ch1 ,united ,states ,code1 is amended to read as follows3 7a7 ,the ,secretary shall not approve the enrollment of an eligible veteran or eligible person in any course offered by an institution1 or by an entity that owns the institution1 engaged in substantial misrepresentation described in subsection 7e77#a74 4 7#b7 ,definitions ,such section is amended by adding at the end the following new subsection3 7e7 7#a7 ,substantial misrepresentation described in this paragraph is substantial misrepresentation by an educational institution1 a representative of the institution1 or any person with whom the institution has an agreement to provide educational programs1 marketing1 advertising1 recruiting or admissions services1 concerning any of the following3 7,a7 ,the nature of the educational program of the institution1 including misrepresentation regarding-- 7i7 the particular type1 specific source1 or nature and extent1 of the accreditation of the institution or a course of education at the institution2 7ii7 whether a student may transfer course credits to another institution2 7iii7 conditions under which the institution will accept transfer credits earned at another institution2 7iv7 whether successful completion of a course of instruction qualifies a student-- 7,i7 for acceptance to a labor union or similar organization2 or 7,,ii7 to receive1 to apply to take1 or to take an examination required to receive a local1 ,state1 or ,federal license1 or a nongovernmental certification required as a precondition for employment1 or to perform certain functions in the ,states in which the educational program is offered1 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 students2 7v7 the requirements for successfully completing the course of study or program and the circumstances that would constitute grounds for terminating the student's enrollment2 7vi7 whether the courses of education at the institution are recommended or have been the subject of unsolicited testimonials or endorsements by-- 7,i7 vocational counselors1 high schools1 colleges1 educational organizations1 employment agencies1 members of a particular industry1 students1 former students1 or others2 or 7,,ii7 officials of a local or ,state government or the ,federal ,government2 7vii7 the size1 location1 facilities1 or equipment of the institution2 7viii7 the availability1 frequency1 and appropriateness of the courses of education and programs to the employment objectives that the institution states the courses and programs are designed to meet2 7ix7 the nature1 age1 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 meet2 7x7 the number1 availability1 and qualifications1 including the training and experience1 of the faculty and other personnel of the institution2 7xi7 the availability of part-time employment or other forms of financial assistance2 7xii7 the nature and availability of any tutorial or specialized instruction1 guidance and counseling1 or other supplementary assistance the institution ill provide students before1 during1 or after the completion of a course of education2 7xiii7 the nature or extent of any prerequisites established for enrollment in any course of education2 7xiv7 the subject matter1 content of the course of education1 or any other fact related to the degree1 diploma1 certificate of completion1 or any similar document that the student is to be1 or is1 awarded upon completion of the course of education2 and 7xv7 whether the degree that the institution will confer upon completion of the course of education has been authorized by the appropriate ,state educational agency1 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 degree4 7,b7 ,the financial charges of the institution1 including misrepresentation regarding-- 7i7 offers of scholarships to pay all or part of a course charge2 7ii7 whether a particular charge is the customary charge at the institution for a course2 7iii7 the cost of the program and the refund policy of the institution if the student does not complete the program2 7iv7 the availability or nature of any financial assistance offered to students1 including a student's responsibility to repay any loans1 regardless of whether the student is successful in completing the program and obtaining employment2 and 7v7 the student's right to reject any particular type of financial aid or other assistance1 or whether the student must apply for a particular type of financial aid1 such as financing offered by the institution4 7,c7 ,the employability of the graduates of the institution1 including misrepresentation regarding-- 7i7 the relationship of the institution with any organization1 employment agency1 or other agency providing authorized training leading directly to employment2 7ii7 the plans of the institution to maintain a placement service for graduates or otherwise assist graduates to obtain employment2 7iii7 the knowledge of the institution about the current or likely future conditions1 compensation1 or employment opportunities in the industry or occupation for which the students are being prepared2 7iv7 job market statistics maintained by the ,federal ,government in relation to the potential placement of the graduates of the institution2 and 7v7 other requirements that are generally needed to be employed in the fields for which the training is provided1 such as requirements related to commercial driving licenses or permits to carry firearms1 and failing to disclose factors that would prevent an applicant from qualifying for such requirements1 such as prior criminal records or preexisting medical conditions4 7#b7 ,in this subsection3 7,a7 ,the term misleading statement includes any communication made in writing1 visually1 orally1 or through other means1 that has the likelihood or tendency to mislead the intended recipient of the communication under the circumstances in which the communication is made4 ,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 education4 7,b7 ,the term misrepresentation means any false1 erroneous1 or misleading statement made directly or indirectly to a student1 a prospective student1 the public1 an accrediting agency1 a ,state agency1 or to the ,secretary by an eligible institution1 one of its representatives1 or any person with whom the institution has an agreement to provide educational programs1 marketing1 advertising1 recruiting or admissions services4 7,c7 ,the term substantial misrepresentation means misrepresentation in which the person to whom it was made could reasonably be expected to rely1 or has reasonably relied1 to that person's detriment4 4 7b7 ,referral ,subsection 7c7 of such section is amended by striking the last sentence and inserting the following3 ,the findings and results of any such investigations shall be referred to the ,state approving agency1 or the ,secretary when acting in the role of the ,state approving agency1 who shall take appropriate action in such cases not later than #ij days after the date of such referral44 7c7 ,requirements for nonaccredited courses ,paragraph 7#aj7 of section #cfgf7;c7 of such title is amended to read as follows3 7#aj7 ,the institution1 and any entity that owns the institution1 does not engage in substantial misrepresentation described in section #cfif7;e7 of this title4 ,the institution shall not be deemed to have met this requirement until the ,state approving agency-- 7,a7 has ascertained from the ,federal ,trade ,commission whether the ,commission has issued an order to the institution to cease and desist from any act or practice described in such subsection2 7,b7 has1 if such an order has been issued1 given due weight to that fact2 and 7,c7 has reviewed the complete record of all advertising1 sales1 or enrollment materials 7and copies thereof7 used by or on behalf of the institution during the preceding #ab-month period4 4 #d4 ,application date ,the amendments made by this ,act shall apply to an educational institution beginning on the date that is #ahj days after the date of the enactment of this ,act4