,,ii #aafth ,,congress #ast ,session ,s4 #bheg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ad1 #bjai,mr4 ,carper 7for himself1 ,mr4 ,lankford1 ,mr4 ,cassidy1 and ,mr4 ,tester7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,higher ,education ,act of #aife to count military and veterans education benefits as ,federal educational assistance1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protect ,veterans' ,education and ,taxpayer ,spending ,act of #bjai4 #b4 ,counting military and veteran education benefits as ,federal educational assistance 7a7 ,in general ,section #dhg7;a77#bd7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;a77#bd77 is amended to read as follows3 7#bd7 7,a7 ,in the case of a proprietary institution of higher education 7as defined in section #ajb7;b771 such institution will derive not less than ten percent of such institution's revenues from sources other than ,federal educational assistance1 as calculated in accordance with subsection 7d77#a71 or will be subject to the sanctions described in subsection 7d77#b74 7,b7 ,in this paragraph1 the term ,federal educational assistance means financial assistance that is disbursed or delivered to an institution or on behalf of a student or to a student to be used to attend the institution provided under any of the following provisions of law3 7i7 ,this title4 7ii7 ,chapter #cj1 #ca1 #cb1 #cc1 #cd1 or #ce of title #ch1 ,united ,states ,code1 except that such term shall not include any monthly housing or book stipend provided under the ,post-#i_/aa ,veterans ,educational ,assistance ,program under chapter #cc of title #ch1 ,united ,states ,code4 7iii7 ,chapter #aja1 #aje1 #ajf;,a1 #afjf1 #afjg1 or #afjh of title #aj1 ,united ,states ,code4 7iv7 ,section #aghd;a of title #aj1 ,united ,states ,code4 7v7 ,any other educational assistance programs administered by the ,department of ,veterans ,affairs1 ,department of ,defense1 or any other agency that directs funds to students who are members of the ,armed ,forces or veterans4 4 7b7 ,effective date ,the amendment made under subsection 7a7 shall take effect with respect to a proprietary institution of higher education beginning with the #bjbb institutional fiscal year4 7c7 ,conforming amendments ,section #dhg7;d7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;d77 is amended-- 7#a7 in the subsection heading1 by striking non title ,,iv and inserting federal educational assistance2 and 7#b7 in paragraph 7#a7-- 7,a7 by striking subparagraph 7,e72 and 7,b7 by redesignating subparagraph 7,f7 as subparagraph 7,e74 #c4 ,administration and eligibility requirements ,section #dhg7;d77#b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;d77#b77 is amended-- 7#a7 in subparagraph 7,a71 by adding at the end the following3 ,the provisions of this subparagraph shall apply only until the beginning of the #bjbb institutional fiscal year42 7#b7 in subparagraph 7,b71 by striking ,in addition and inserting ,until the beginning of the #bjbb institutional fiscal year1 in addition2 7#c7 by adding at the end the following3 7,c7 ,beginning with the #bjbb institutional fiscal year 7i7 ,in general ,notwithstanding any other provision of this section1 beginning with the #bjbb institutional fiscal year1 a proprietary institution of higher education that fails to meet the requirement of subsection 7a77#bd7 shall be subject to the following3 7,i7 ,if the failure to meet the requirement of subsection 7a77#bd7 is in a year that is immediately subsequent to a year in which the institution met the requirement of subsection 7a77#bd71 no ,federal educational assistance shall be paid by the ,department of ,veterans ,affairs or the ,department of ,defense-- 7aa7 to the institution for new enrollments2 or 7bb7 on behalf of a student or to a student to be used to attend the institution if the student is a new student4 7,,ii7 ,if the failure to meet the requirement of subsection 7a77#bd7 is the second consecutive failure-- 7aa7 no ,federal educational assistance shall be paid by the ,department of ,veterans ,affairs or the ,department of ,defense-- 7,,aa7 to the institution for new enrollments2 or 7,,bb7 on behalf of a student or to a student to be used to attend the institution if the student is a new student2 and 7bb7 no ,federal educational assistance shall be paid to the institution or on behalf of a student or to a student to be used to attend the institution unless the enrollment total at the institution for the academic year that is subsequent to the year of the second consecutive failure is equal to or less than the enrollment total of the previous academic year4 7,,iii7 ,if the failure to meet the requirement of subsection 7a77#bd7 is the third consecutive failure1 the institution 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 years4 7ii7 ,regaining eligibility ,for a proprietary institution of higher education to regain eligibility to participate in or receive funds after being ineligible pursuant to a failure to meet a requirement as described in clause 7i71 the ,secretary shall certify that the institution has demonstrated compliance with all eligibility and certification requirements for the program4 7iii7 ,appeal for relief from sanctions 7,i7 ,submission of appeal 7aa7 ,in general ,a proprietary institution of higher education described in item 7bb7 that fails to meet the requirement of subsection 7a77#bd7 for an institutional fiscal year may submit an appeal to the ,secretary to remain eligible to participate in or receive funds under any program of ,federal educational assistance for the institutional fiscal year4 ,in order to regain eligibility to participate in or receive funds under any program of ,federal educational assistance for the succeeding institutional fiscal year1 the proprietary institution of higher education shall demonstrate compliance as described in clause 7ii74 7bb7 ,eligibility to appeal ,in order to be eligible to submit an appeal under item 7aa71 proprietary institution of education shall derive not less than #aj percent of such institution's revenues from sources other than funds provided under this title4 7,,ii7 #ij_/aj compliance plan ,in the appeal under subclause 7,i71 a proprietary institution of higher education shall submit a plan explaining the reasons for failure to comply with the requirement of subsection 7a77#bd7 and describing the steps the institution will take to comply moving forward1 including descriptions of any partnerships proposed or existing on the date of the appeal between the institution and employers1 as well as a description of the expected tuition rates for the institution for the next #c institutional fiscal years4 7,,iii7 ,determination of relief 7aa7 ,in general ,not later than #cj days after the date the ,secretary receives an appeal submitted under subclause 7,i71 the ,secretary shall determine whether the appeal should be granted4 ,such determination shall be based only on the institution meeting all of the following conditions3 7,,aa7 ,the institution has had no final adverse action taken by the institution's accrediting agency or association in the #e-year period preceding the date of the determination4 7,,bb7 ,the institution has not been found to be in violation or noncompliance with any provision in this title in the #e-year period preceding the date of the determination4 7,,cc7 ,the institution has not been found to be in violation or noncompliance with the ,department of ,defense ,voluntary ,education ,partnership ,memorandum of ,understanding 7,,mou7 in the #e-year period preceding the date of the determination4 7,,dd7 ,the institution has not been found by the ,department of ,veterans ,affairs or the relevant ,state approving agency to be in violation or noncompliance with the ,principles of ,excellence program established under ,executive ,order #acfjg 7#gg ,fed4 ,reg4 #behfa2 relating to establishing principles of excellence for educational institutions serving service members1 veterans1 spouses1 and other family members7 in the #e-year period preceding the date of the determination4 7,,ee7 ,the institution has not been found in a final order by the ,federal ,trade ,commission to have engaged in unfair or deceptive acts or practices in the #e-year period preceding the date of the determination4 7,,ff7 ,the institution offers high-quality academic or job-training programs1 and positions veterans and service members after graduation for success in the workforce4 7bb7 ,limitation on appeals2 noncompliance 7,,aa7 ,in general ,a proprietary institution of higher education may submit not more than #c consecutive appeals and not more than #e appeals in #aj years under subclause 7,i74 7,,bb7 ,compliance ,if the ,secretary grants an appeal under this clause and subsequently determines that the proprietary institution of higher education is not in compliance with the plan described in subclause 7,,ii71 the ,secretary shall impose the sanction for which the appeal was granted4 ,if the ,secretary grants consecutive appeals under this clause and subsequently determines that the proprietary institution of higher education is not in compliance with the plan described in subclause 7,,ii71 the ,secretary shall impose the cumulative sanctions for the consecutive years for which the appeals were granted4 7,,iv7 ,submission to ,,va1 ,,dod1 ,,saa1 accrediting agency or association1 and ,congress ,the ,secretary shall submit a copy of each determination under subclause 7,,iii7 to the ,secretary of ,veterans ,affairs1 the ,secretary of ,defense1 the relevant ,state approving agency1 the relevant accrediting agency or association1 and the authorizing committees4 7iv7 ,additional enforcement ,in addition to such other means of enforcing the requirements of this subparagraph as may be available to the ,secretary1 if a proprietary institution of higher education fails to meet a requirement of subsection 7a77#bd7 for any institutional fiscal year1 then the institution's eligibility to participate in the programs authorized by this title becomes provisional for the two institutional fiscal years after the institutional fiscal year in which the institution failed to meet the requirement of subsection 7a77#bd71 except that such provisional eligibility shall terminate-- 7,i7 on the expiration date of the institution's program participation agreement under this subsection that is in effect on the date the ,secretary determines that the institution failed to meet the requirement of subsection 7a77#bd72 or 7,,ii7 in the case that the ,secretary determines that the institution failed to meet a requirement of subsection 7a77#bd7 for three consecutive institutional fiscal years1 on the date the institution is determined ineligible in accordance with this subparagraph4 7v7 ,federal educational assistance ,in this subparagraph1 the term ,federal educational assistance has the meaning given the term in subsection 7a77#bd77;,b74 4 #d4 ,updating #ij_/aj disclosure and data reporting requirements ,section #dhg7;d7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;d77 is amended by striking paragraphs 7#c7 and 7#d7 and inserting the following3 7#c7 ,publication on websites 7,a7 ,publication on college navigator website ,the ,secretary shall publicly disclose on the ,college ,navigator1 or its successor1 website-- 7i7 the name of any proprietary institution of higher education that fails to meet the requirement of subsection 7a77#bd72 and 7ii7 the applicable sanction on such institution that failed to meet such requirement4 7,b7 ,publication on ,,gi bill comparison tool website ,the ,secretary of ,veterans ,affairs shall-- 7i7 publicly disclose on the ,,gi ,bill ,comparison ,tool website1 or its successor1 the name of any proprietary institution of higher education that fails to meet the requirement of subsection 7a77#bd72 7ii7 publicly disclose the applicable sanction on such institution that failed to meet such requirement1 and include a caution flag with such disclosure2 and 7iii7 remove a caution flag included under clause 7ii7 after the ,secretary of ,education certifies that such institution has demonstrated compliance with the eligibility requirements of subsection 7a77#bd74 7#d7 ,report to ,congress ,not later than ,july #a1 #bjbj1 and ,july #a of each succeeding year1 the ,secretary shall submit to the authorizing committees a report that contains1 for each proprietary institution of higher education that receives ,federal educational assistance 7as defined in subsection 7a77#bd77;,b771 as provided in the audited financial statements submitted to the ,secretary by each institution pursuant to the requirements of subsection 7a77#bd7-- 7,a7 the amount and percentage of such institution's revenues received from ,federal educational assistance 7as defined in subsection 7a77#bd77;,b771 disaggregated by the source of the assistance2 and 7,b7 the amount and percentage of such institution's revenues received from other sources4 4 #e4 ,conversions to nonprofit or public institutions of higher education ,section #dih7;i7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;c7i77 is amended by adding at the end the following3 7#e7 ,notwithstanding any other provision of this ,act1 in the case of a proprietary institution of higher education approved for conversion to a nonprofit or public institution of higher education1 such institution shall be subject to the requirement provided under section #dhg7;a77#bd71 for the #b-year period after the date of conversion4 4 #f4 ,notification ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,education shall notify1 in writing1 proprietary institutions of higher education of the new requirements provided under the amendments made by this ,act4