118 S1309 IS: Student Veterans Transparency and Protection Act of 2023 U.S. Senate 2023-04-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II118th CONGRESS1st SessionS. 1309IN THE SENATE OF THE UNITED STATESApril 26, 2023Mr. Schatz (for himself and Mr. Rounds) introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsA BILLTo require the Secretary of Veterans Affairs to improve how the Department of Veterans Affairs discloses to individuals entitled to educational assistance from the Department risks associated with using such assistance at particular educational institutions and to restore entitlement of students to such assistance who are pursuing programs of education at educational institutions that are subject to Federal or State civil enforcement action, and for other purposes.
1.
Short title
This Act may be cited as the Student Veterans Transparency and Protection Act of 2023.
2.
Improving transparency and accountability of educational institutions for purposes of veterans educational assistance
(a)
Requirement relating to G.I. Bill Comparison tool
(1)
Requirement to maintain tool
The Secretary of Veterans Affairs shall maintain the G.I. Bill Comparison Tool that was established pursuant to Executive Order 13607 (77 Fed. Reg. 25861; relating to establishing principles of excellence for educational institutions serving service members, veterans, spouses, and other family members) and in effect on the day before the date of the enactment of this Act, or successor tool, to provide relevant and timely information about programs of education approved under chapter 36 of title 38, United States Code, and the educational institutions that offer such programs. (2)
Data retention
The Secretary shall ensure that historical data that is reported via the tool maintained under paragraph (1) remains easily and prominently accessible on the benefits.va.gov website, or successor website, for a period of not less than seven years from the date of initial publication. (b)
Providing timely and relevant education information to veterans, members of the armed forces, and other individuals
(1)
In general
Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in coordination with the Secretary of Education, shall make such changes to the tool maintained under subsection (a) as the Secretary determines appropriate to ensure that such tool is an effective and efficient method for providing information pursuant to section 3698(b)(5) of title 38, United States Code. (2)
Modification of scope of comprehensive policy on providing education information
Section 3698 of title 38, United States Code, is amended— (A)in subsection (a), by striking veterans and members of the Armed Forces and inserting individuals entitled to educational assistance under laws administered by the Secretary of Veterans Affairs; and (B)in subsection (b)(5)—(i)by striking veterans and members of the Armed Forces and inserting individuals described in subsection (a); and (ii)by striking the veteran or member and inserting the individual. (3)
G.I. bill comparison tool required disclosures
Paragraph (1) of subsection (c) of such section is amended— (A)by striking subparagraph (B) and inserting the following: (B)for each individual described in subsection (a) seeking information provided under subsection (b)(5) the name of each Federal student aid program, and a description of each such program, from which the individual may receive educational assistance.;(B)in subparagraph (C)—(i)in clause (i), by inserting and a definition of each type of institution; before the semicolon; (ii)in clause (iv), by inserting and if so, which programs; before the semicolon;(iii)by striking clause (v) and inserting the following: (v)the average annual cost to earn an associate's degree and a bachelor's degree, with available cost information on any other degree or credential the institution awards; ;(iv)in clause (vi), by inserting before the semicolon disaggregated by—(I)individuals who received a credential and individuals who did not; and(II)individuals using educational assistance under laws administered by the Secretary and individuals who are not;(v)in clause (xv), by striking the period at the end and inserting a semicolon; and(vi)by adding at the end the following new clauses:(xvi)transfer-out rates;(xvii)credentials available and the average time for completion of each credential; (xviii)employment rate and median income of graduates of the institution in general, disaggregated by— (I)specific credential; and(II)individuals using educational assistance under laws administered by the Secretary and individuals who are not;(xix)the number of individuals using educational assistance under laws administered by the Secretary who are enrolled in the institution per year; and(xx)a list of each civil settlement or finding resulting from a Federal or State action in a court of competent jurisdiction against the institution for violation of a provision of Federal or State law that materially affects the education provided at the institution or is the result of illicit activity, including deceptive marketing or misinformation provided to prospective students or current enrollees..(4)
Clarity of information provided
Paragraph (2) of such subsection is amended— (A)by inserting (A) before To the extent; and (B)by adding at the end the following new subparagraph: (B)The Secretary shall ensure that information provided under subsection (b)(5) is provided in a manner that is easy and accessible to individuals described in subsection (a)..(c)
Improvements for student feedback
(1)
In general
Subsection (b)(2) of such section is amended— (A)by amending subparagraph (A) to read as follows: (A)provides institutions of higher learning up to 90 days to review and respond to any feedback and address issues regarding the feedback before the feedback is published;;(B)in subparagraph (B), by striking ; and and inserting a semicolon; (C)in subparagraph (C), by striking the period at the end and inserting a semicolon; and (D)by adding at the end the following new subparagraphs: (D)for each institution of higher learning that is approved under this chapter, retains, maintains, and publishes all of such feedback for the entire duration that the institution of higher is approved under this chapter; and (E)is easily accessible to individuals described in subsection (a) and to the general public..(2)
Accessibility from G.I. Bill Comparison Tool
The Secretary shall ensure that—(A)the feedback tracked and published under subsection (b)(2) of such section, as amended by paragraph (1), is prominently displayed in the tool maintained under subsection (a) of this section; and (B)when such tool displays information for an institution of higher learning, the applicable feedback is also displayed for such institution of higher learning. (d)
Training for provision of education counseling services
(1)
In general
Not less than one year after the date of the enactment of this Act, the Secretary shall ensure that personnel employed or contracted by the Department of Veteran Affairs to provide education benefits counseling, vocational or transition assistance, or similar functions, including employees or contractors of the Department who provide such counseling or assistance as part of the Transition Assistance Program, are trained on how— (A)to use properly the tool maintained under subsection (a); and (B)to provide appropriate educational counseling services to individuals described in section 3698(a) of such title, as amended by subsection (b)(2)(A). (2)
Transition assistance program defined
In this subsection, the term Transition Assistance Program means the program of counseling, information, and services under section 1142 of title 10, United States Code.
3.
Restoration of entitlement to veterans educational assistance and other relief for veterans affected by civil enforcement actions against educational institutions
(a)
In general
Section 3699(b)(1) of title 38, United States Code, is amended— (1)in subparagraph (B)(ii), by striking ; or and inserting a semicolon;(2)in subparagraph (C), by striking ; and and inserting a semicolon; and(3)by adding at the end the following new subparagraphs:(D)a Federal or State civil enforcement action against the education institution; or (E)an action taken by the Secretary; and.(b)
Mechanism
The Secretary of Veterans Affairs shall establish a simple mechanism that can be used by an individual described in subsection (b)(1) of section 3699 of such title by reason of subparagraph (C) or (D) of such subsection, as added by subsection (a)(3) of this section, to obtain relief under section 3699(a) of such title. (c)
Conforming amendments
(1)
Section heading
The heading for section 3699 of such title is amended by striking or disapproval of educational institution and inserting of, disapproval of, or civil enforcement actions against educational institutions. (2)
Subsection heading
The heading for subsection (a) of such section is amended by striking or Disapproval and inserting , Disapproval, Civil Enforcement Actions, and Other Actions by Secretary of Veterans Affairs. (3)
Table of sections
The table of sections at the beginning of chapter 36 of such title is amended by striking the item relating to section 3699 and inserting the following new item: 3699. Effects of closure of, disapproval of, or civil enforcement actions against educational institutions..