[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6101 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6101

     To amend title 38, United States Code, to improve educational 
     counseling opportunities for veterans, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 11, 2012

 Ms. Chu (for herself, Mr. Rangel, Ms. Loretta Sanchez of California, 
  Mr. Filner, and Mr. Jones) introduced the following bill; which was 
referred to the Committee on Veterans' Affairs, and in addition to the 
Committee on Armed Services, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
     To amend title 38, United States Code, to improve educational 
     counseling opportunities for veterans, 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 Veteran Academic Counseling 
Enhancement Act'' or the ``Student Veteran ACE Act''.

SEC. 2. EDUCATIONAL COUNSELING FOR VETERANS.

    (a) In General.--Chapter 36 of title 38, United States Code, is 
amended by adding at the end the following new section:
``Sec. 3698. Educational counseling
    ``(a) Provision of Counseling.--(1) The Secretary shall make 
available educational counseling under this section to covered students 
in accordance with paragraph (4).
    ``(2) An institution offering a program of education may only be 
approved for purposes of this chapter if such institution transmits to 
the Secretary information necessary for the Secretary to provide 
educational counseling under this section, including information 
relating to matriculation requirements, degree information, and 
enrollment requirements and deadlines.
    ``(3) In carrying out paragraph (1), the Secretary shall--
            ``(A) assign one educational counselor per each 100 covered 
        students in a geographical area as determined by the Secretary; 
        and
            ``(B) provide covered students who are located in remote 
        areas that are not within a geographical area determined under 
        subparagraph (A) with adequate opportunities to receive 
        counseling under this section.
    ``(4)(A) A covered student who is a veteran shall automatically 
receive educational counseling under this section unless the student 
declines to receive such counseling pursuant to subparagraph (C).
    ``(B) A covered student who is not a veteran may elect to receive 
educational counseling under this section.
    ``(C) The Secretary shall ensure that a covered student may decline 
or elect to receive educational counseling under this section pursuant 
to subparagraph (A) or (B), as the case may be, through a streamlined 
process on the Internet Web site of the Department.
    ``(b) Scope of Counseling.--In providing educational counseling 
under this section to covered students enrolled in an institution, an 
educational counselor shall--
            ``(1) answer inquiries by such students regarding 
        educational assistance provided by the Department;
            ``(2) coordinate with the institution to resolve inquiries 
        described by paragraph (1), including inquiries regarding the 
        payment of such assistance;
            ``(3) assist such students with applications for such 
        assistance;
            ``(4) act as a liaison between the Department and the 
        institution;
            ``(5) provide academic counseling and transition 
        assistance, including--
                    ``(A) discussing course work, academic goals, 
                degree progress, workload, and other relevant topics; 
                and
                    ``(B) providing guidance on--
                            ``(i) selecting courses;
                            ``(ii) seeking--
                                    ``(I) additional financial 
                                resources;
                                    ``(II) student support services;
                                    ``(III) tutoring; and
                                    ``(IV) job placement counseling; 
                                and
                            ``(iii) understanding benefits provided by 
                        the Department and the requirements for 
                        receiving educational assistance provided by 
                        the Department; and
            ``(6) carry out relevant outreach activities.
    ``(c) Location of Counselors.--(1) An educational counselor may be 
located--
            ``(A) on the campus or facility of an institution that 
        elects to allow such counselor to be located at the 
        institution; or
            ``(B) at a facility of the Department, including a Vet 
        Center established under section 1712A of this title or a 
        mobile Vet Center.
    ``(2) The Secretary shall ensure that an educational counselor is 
able to provide counseling to covered students through the use of 
interactive technology, including video conferencing using common 
Internet applications.
    ``(d) Preference.--In hiring educational counselors under this 
section, the Secretary shall apply the principles of preference for the 
hiring of veterans established in subchapter I of chapter 33 of title 
5.
    ``(e) Periodic Counseling Sessions.--(1) Except as provided by 
paragraph (3), each covered student assigned an educational counselor 
under this section shall attend at least one counseling session per 
quarter, semester, or term, as the case may be, with such counselor.
    ``(2) Except as provided by paragraph (3), an educational counselor 
shall notify the Secretary and the relevant institution of any covered 
student who does not attend a counseling session under paragraph (1).
    ``(3)(A) The Secretary may waive the periodic counseling sessions 
under paragraph (1) for a covered student if the Secretary determines 
that such sessions would place an undue hardship on the student.
    ``(B) Paragraph (1) and (2) shall not apply to a covered student 
who declines to receive educational counseling under this section 
pursuant to subsection (a)(4)(A).
    ``(f) Annual Report.--The Secretary shall submit to the Committees 
on Veterans' Affairs of the Senate and the House of Representatives an 
annual report on the educational counseling provided under this 
section, including the following information listed by each 
institution:
            ``(1) The number of covered students who received such 
        counseling during the year covered by the report.
            ``(2) The number of covered students who declined such 
        counseling under subsection (a)(4) during such year.
            ``(3) The number of covered students issued a waiver under 
        subsection (e)(3) during such year.
            ``(4) For each quarter, semester, or term of the 
        institution covered by the report, the number of failing grades 
        earned by covered students receiving such counseling.
            ``(5) The graduation rate of covered students who received 
        such counseling as compared to the overall graduation rate of 
        students during such year.
    ``(g) Definitions.--In this section:
            ``(1) The term `covered student' means an individual 
        pursuing an approved program of education using educational 
        assistance under chapter 30, 32, 33, or 35 of this title or 
        chapter 1606 or 1607 of title 10.
            ``(2) The term `educational counselor' means an employee of 
        the Department who provides educational counseling under this 
        section.
            ``(3) The term `institution' means an institution that 
        offers an approved program of education.
            ``(4) The term `approved program of education' means a 
        program of education that may be pursued using educational 
        assistance under chapter 30, 32, 33, or 35 of this title or 
        chapter 1606 or 1607 of title 10.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding after the item relating to section 
3697A the following new item:

``3698. Educational counseling.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 180 days after the date of the enactment of 
this Act.
    (d) Use of Current Programs.--The Secretary of Veterans Affairs 
may--
            (1) use a current program of the Department of Veterans 
        Affairs as of the date of the enactment of this Act, including 
        the VetSuccess on Campus program, to carry out section 3698 of 
        title 38, United States Code, as added by subsection (a), if 
        the Secretary determines such program meets the requirements of 
        such section; or
            (2) expand such a current program to carry out such section 
        3698.
    (e) Cooperation and Consultation.--The Secretary of Veterans 
Affairs shall consult and cooperate with the Secretary of Defense, the 
Secretary of Education, and any other appropriate head of a Federal 
department or agency in carrying out the amendments made by this Act.

SEC. 3. TRAINING AND COUNSELING SO VETERANS AND MEMBERS OF THE ARMED 
              FORCES CAN MAKE INFORMED DECISIONS ABOUT EDUCATION.

    (a) In General.--Chapter 36 of title 38, United States Code, is 
further amended by adding after section 3698, as added by section 2(a), 
the following new section:
``Sec. 3699. Required one-on-one educational counseling
    ``(a) Provision of Counseling Required.--(1) The Secretary of 
Veterans Affairs shall provide individualized, one-on-one educational 
counseling to an individual considering pursuing a program of education 
with assistance furnished under this chapter or any of chapters 30 
through 35 of this title unless the individual declines to receive such 
counseling. The Secretary shall ensure that an individual may decline 
to receive such counseling through a streamlined process on the 
Internet Web site of the Department of Veterans Affairs.
    ``(2) The Secretary of Defense shall provide individualized, one-
on-one educational counseling to an individual considering pursuing a 
program of education with assistance furnished under chapter 106A or 
1606 of title 10 unless the individual declines to receive such 
counseling. The Secretary shall ensure that an individual may decline 
to receive such counseling through a streamlined process on the 
Internet Web site of the Department of Defense.
    ``(b) Time and Manner of Counseling.--(1) Counseling provided under 
subsection (a) to an individual described in such subsection 
considering a program of education shall be provided at or before the 
individual enrolls in such program as follows:
            ``(A) To such individuals who have received fewer than \1/
        3\ of the credits necessary to complete the program of 
        education, a complete version of such counseling.
            ``(B) To such individuals who have received \1/3\ or more 
        of the credits necessary to complete the program of education, 
        a condensed version of such counseling as the Secretary of 
        Veterans Affairs or the Secretary of Defense, as the case may 
        be, considers appropriate.
    ``(2) To the extent practicable, counseling provided under 
subsection (a) to an individual described in paragraph (1)(A) of this 
subsection shall be provided in person.
    ``(3) The Secretary of Veterans Affairs and the Secretary of 
Defense shall each establish, by regulation, procedures by which 
individuals may receive counseling provided under subsection (a) when 
receipt of such counseling in person is not practicable.
    ``(c) Elements.--A complete version of counseling provided under 
subsection (b)(1) for an individual shall include the following:
            ``(1) An overview of educational assistance available to 
        the individual under this chapter and chapters 30 through 35 of 
        this title or under chapters 106A and 1606 of title 10, as the 
        case may be.
            ``(2) Development of a personalized academic and career 
        plan.
            ``(3) An overview of the information disclosed and made 
        readily available under section 3672(f)(1) of this title 
        relevant to the academic and career plan developed under 
        paragraph (2).
            ``(4) A discussion of how enrollment in the program of 
        education at the educational institution will affect the 
        individual's academic and career plan and the financial 
        implications for such individual of such enrollment.
            ``(5) An introduction to the College Navigator Internet Web 
        site of the Department of Education.
    ``(d) Qualified Counselors.--Counseling provided under subsection 
(a) may only be provided by properly trained counselors, as determined 
by the Secretary of Veterans Affairs and the Secretary of Defense.
    ``(e) Use of Information Disclosed by Educational Institutions.--In 
providing educational assistance under this section, the Secretary of 
Veterans Affairs and the Secretary of Defense shall, to the degree 
practicable, use the information disclosed and made readily available 
under section 3672(f)(1) of this title.
    ``(f) Links to College Navigator Internet Web Site of Department of 
Education.--The Secretary of Veterans Affairs and the Secretary of 
Defense shall provide links on the Internet Web sites of the Department 
of Veterans Affairs of the Department of Defense, respectively, to the 
College Navigator Internet Web site of the Department of Education in 
such a manner as the Secretary of Veterans Affairs and the Secretary of 
Defense consider appropriate to inform veterans and members of the 
Armed Forces of the availability of and the benefits of using the 
College Navigator Internet Web site.''.
    (b) Clerical Amendment.--The table of sections for chapter 36 of 
such title, as amended by section 2(b), is amended by adding at the end 
the following new item:

``3699. Required one-on-one educational counseling.''.
    (c) Clarification.--
            (1) Heading of section 3697a of title 38.--Section 3697A of 
        such title is amended, in the heading, by adding ``by 
        election'' at the end.
            (2) Table of sections.--The table of sections for chapter 
        36 of such title is amended by amending the item relating to 
        section 3697A to read as follows:

``3697A. Educational and vocational counseling by election.''.
    (d) Effective Date.--Section 3697B of such title, as added by 
paragraph (1), shall take effect on August 1, 2013, and shall apply 
with respect to individuals considering pursuing programs of education 
as described in subsection (a) of such section after such date.

SEC. 4. REPEAL OF LIMITATION ON PAYMENTS FOR CONTRACT EDUCATIONAL AND 
              VOCATIONAL COUNSELING PROVIDED BY SECRETARY OF VETERANS 
              AFFAIRS.

    Section 3697 of title 38, United States Code, is amended--
            (1) by striking subsection (b);
            (2) in subsection (a), by striking ``(a) Subject to 
        subsection (b) of this section, educational'' and inserting 
        ``Educational''; and
            (3) by striking ``section 3697A'' and inserting ``sections 
        3697A, 3698, or 3699''.

SEC. 5. VETERANS' EDUCATION CONSUMER COMPLAINT TRACKING SYSTEM.

    (a) In General.--Chapter 36 of title 38, United States Code, is 
further amended by inserting after section 3693 the following new 
section:
``Sec. 3693A. Complaint tracking system
    ``(a) Establishment.--Not later than 180 days after the date of the 
enactment of this section, the Secretary shall establish a system to 
collect, process, and track complaints submitted to the Secretary by 
individuals who are enrolled in programs of education at educational 
institutions to report instances of fraud, waste, and abuse by such 
institutions with respect to the benefits and services provided by such 
institutions to such individuals.
    ``(b) Requirements.--This system established under subsection (a) 
shall meet the following requirements:
            ``(1) The system shall create an individual case number for 
        each complaint processed and tracked in the system.
            ``(2) The system shall allow for the reporting of 
        complaints, disaggregated by educational institution.
            ``(3) The system shall allow for the reporting of 
        complaints, disaggregated by topic or subject matter.
            ``(4) The system shall allow for the submittal of 
        complaints by--
                    ``(A) Internet Web site; and
                    ``(B) telephone via a toll-free number that is 
                available every day at all hours.
            ``(5) The system shall allow for the sharing of complaints 
        with the following:
                    ``(A) The educational institutions that are the 
                subjects of the complaints.
                    ``(B) The Secretary of Education.
                    ``(C) The Secretary of Defense.
                    ``(D) State approving agencies.
                    ``(E) Nationally or regionally recognized 
                accrediting agencies and associations.
                    ``(F) Such other Federal agencies as the Secretary 
                of Veterans Affairs considers appropriate.
    ``(c) Outreach.--The Secretary shall conduct such outreach as may 
be necessary to inform individuals described in subsection (a) of the 
system and process established under such subsection.
    ``(d) Consideration by State Approving Agencies.--Whenever a State 
approving agency considers whether to approve a course of education of 
an educational institution under this chapter, the State approving 
agency shall review and take into consideration the complaints 
processed and tracked by the system established under subsection (a) 
regarding the educational institution.
    ``(e) Privacy.--(1) Whenever a complaint is shared under subsection 
(b)(5), the complaint shall be anonymized, unless the complainant gives 
permission to the Secretary to share the complainant's identity.
    ``(2) The Secretary may not share a complaint under subsection 
(b)(5) with an educational institution if the complainant requests that 
such complaint not be shared with an educational institution.''.
    (b) 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 3693 the following new item:

``3693A. Complaint tracking system.''.
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