[Congressional Record Volume 158, Number 50 (Tuesday, March 27, 2012)]
[Senate]
[Pages S2087-S2092]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mrs. MURRAY (for herself, Mr. Akaka, Mr. Begich, Mr. Brown of
Ohio, Mr. Rockefeller, Mr. Coons, Mr. Harkin, Mr. Inouye, Mr.
Leahy, and Mr. Whitehouse):
S. 2241. A bill to ensure that veterans have the information and
protections they require to make informed decisions regarding use of
Post-9/11 Educational Assistance, and for other purposes; to the
Committee on Veterans' Affairs.
Mrs. MURRAY. Mr. President, today, as Chairman of the Senate
Committee on Veterans' Affairs, I am proud to introduce the GI Bill
Consumer Awareness Act of 2012.
My colleagues, including my fellow Veterans' Affairs Committee
Members Senators Akaka, Begich, Brown of Ohio and Rockefeller, and my
Senate colleagues Senators Coons, Harkin, Inouye, Leahy, and
Whitehouse, join me in introducing this important legislation. I
appreciate their continued support of our Nation's veterans.
With the end of the war in Iraq and the drawdown in Afghanistan, more
servicemembers are separating from the military to start their civilian
careers. When my father came home from war, the GI Bill helped him go
to college. He used that education to get a job, one that gave him
pride. That's the opportunity we must provide those returning from
today's wars.
America's investment in its newest generation of veterans is
tremendous.
In 2012, over 590,000 servicemembers, veterans, and other
beneficiaries are expected to enroll in educational institutions using
the Post-9/11 GI Bill. VA is expected to spend over $9 billion dollars
in 2012 on Post-9/11 GI Bill payments and over $2 billion for the
nearly 400,000 beneficiaries of the VA's other education programs.
Despite this level of support, those returning from today's wars are
unable to use VA educational benefits to their full potential. Today,
that ends.
At its heart, the GI Bill Consumer Awareness Act would take
significant steps to make certain that GI Bill beneficiaries have
access to information to help them make informed decisions about the
educational institutions they attend, so they get the most out of this
tremendous benefit. This bill would also require VA and DoD to develop
a joint policy to curb aggressive recruiting and misleading marketing
aimed at servicemembers and veterans so they can make a decision on a
school without bad actors exerting unfair influence on them.
Many servicemembers and veterans attend educational institutions that
do not suit their intended goals. This shouldn't be the case.
Servicemembers and veterans should enroll in educational institutions
which put them on the path to a successful career, or allow them to
access more post-secondary education opportunities. For many years we
have provided VA educational beneficiaries with billions of dollars in
educational assistance, but have given them little to no assistance in
deciding where to use these benefits. This bill would put an end to
that.
The GI Bill Consumer Awareness Act calls for disclosure of, among
other data, statistics related to student loan debt, transferability of
credits earned, veteran enrollment, program preparation for licensing
and certification, and job placement rates. heard from many veterans
that this type of information would be very useful to them as they make
decisions about where to enroll.
My bill would also require VA to provide educational beneficiaries
with easy-to-understand information about schools that are approved for
GI Bill benefit use. Collecting data for data's sake is not the goal
here. I want VA to use this information to develop a report card of
sorts that allows veterans to see how one school compares against
another to help them decide which school is right for them.
We must acknowledge the differences between student veterans and
their civilian classmates. Unlike their classmates, servicemembers and
veterans need to know what services institutions provide to ease their
difficult transition to civilian life. Some educational institutions
provide more support than others.
The University of Washington, one of the oldest public universities
in my
[[Page S2088]]
home state, serves as an example of what all universities should be
doing. Through its Veterans Center, the University of Washington offers
its student veterans a place to connect with other veterans, access
university resources, and receive referrals to campus and community
resources that help to balance academic and personal demands. The
University of Washington is helping to ease the transition from the
battlefield to the classroom, and these types of services should be
replicated across the country.
Despite this bright spot, I have heard from servicemembers and
veterans who don't think their schools are in touch with the assistance
that VA and other Agencies can provide to them. The GI Bill Consumer
Awareness Act would require educational institutions to have at least
one employee who is knowledgeable about benefits available to
servicemembers and veterans.
My bill would further require that academic advising, tutoring,
career and placement counseling services, and referrals to Vet Centers
are available and that faculty members are trained on matters that are
relevant to servicemembers and veterans. I want to make sure that each
educational institution that is approved for GI Bill education benefits
has the support services that student veterans need in order to make
the most of their educational experience. No veteran should step on a
college campus in this country and feel unsupported.
I am concerned about what I am seeing and hearing about groups who
mislead our servicemembers and veterans--just to boost enrollment of
students with a very lucrative benefit. The GI Bill Consumer Awareness
Act would require VA and DoD to develop a joint policy on aggressive
recruiting and misleading marketing aimed at servicemembers, veterans,
and other beneficiaries.
When servicemembers and veterans make a decision about a school--it
should be done with their own best interests at heart, and in
consultation with their families and those Agencies with a mandate to
help them. The GI Bill Consumer Awareness Act would make educational
counseling available to more beneficiaries. As long as a beneficiary
has educational entitlement--counseling from VA would be available. I
really want VA to be proactive in its efforts to get these
servicemembers and veterans in for counseling. This is an important
step in choosing a school and career path and one that I hope that more
student veterans take advantage of.
This is not a full summary of all the provisions within this
legislation. However, I hope that I have provided an appropriate
overview of the major benefits this legislation would provide for
America's servicemembers after they leave military service. I also ask
our colleagues for their continued support for the Nation's veterans.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2241
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 ``GI Bill Consumer Awareness
Act of 2012''.
SEC. 2. PUBLICATION BY SECRETARY OF VETERANS AFFAIRS AND
SECRETARY OF DEFENSE OF INFORMATION ABOUT
EDUCATIONAL INSTITUTIONS.
(a) Publication by Secretary of Veterans Affairs.--
(1) In general.--Subchapter II of chapter 36 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 3697B. Publication of information about educational
institutions
``(a) Publication of Information.--The Secretary shall, on
an ongoing basis, make available to veterans, members of the
Armed Forces, and other individuals eligible to receive or
receiving assistance under this chapter or any of chapters 30
through 35 of this title or chapters 106A or 1606 of title 10
the information described in subsection (d) in language that
can be easily understood by such veterans, members, and other
individuals.
``(b) Collection of Information.--(1) In order to make the
information described in subsection (d) available as required
by subsection (a), the Secretary shall take such actions as
may be necessary to obtain such information.
``(2) If the Secretary requires, for purposes of this
section, information that has been reported by an educational
institution to the Secretary of Education, the Secretary of
Defense, the Secretary of Labor, or the heads of other
Federal agencies under a provision of law other than under
this section or section 3679A of this title, the Secretary
shall obtain such information from such Secretary or head
rather than the educational institution.
``(3) Making information available under subsection (a)
shall not be required in a case in which the number of
students in a category is insufficient to yield statistically
reliable information or the results would reveal personally
identifiable information about an individual student.
``(c) Partnership With Secretary of Education and Secretary
of Defense.--(1) The Secretary shall carry out subsections
(a) and (b) in consultation and cooperation with the
Secretary of Education and the Secretary of Defense.
``(2) If the Secretary of Education or the Secretary of
Defense incur any costs in consulting or cooperating with the
Secretary of Veterans Affairs under paragraph (1), the
Secretary of Veterans Affairs shall reimburse the Secretary
concerned, from amounts appropriated to the Secretary of
Veterans Affairs, for such costs.
``(d) Information.--The information described in this
subsection is as follows:
``(1) An explanation of the different types of
accreditation available to educational institutions and
programs of education.
``(2) A general overview of Federal student aid programs,
the implications of incurring student loan debt, and
discussion of how receipt of educational assistance under
this chapter or any of chapters 30 through 35 of this title
may enable students to complete programs of education without
incurring significant educational debt.
``(3) For each educational institution at which an
individual is enrolled in a program of education for which
the individual receives assistance under this chapter or any
of chapters 30 through 35 of this title or chapter 106A or
1606 of title 10 and for the most recent academic year for
which information is available, the following:
``(A) The percentage of students who enroll in the first
term of a program of education of the educational institution
who on the date that is 1 year after the date of enrolling
are not enrolled in any program of education at the
educational institution.
``(B) The percentage of students enrolled in a program of
education offered by the educational institution who complete
the program of education within the normal time for
completion of such program and the percentage of students
enrolled in a program of education offered by the educational
institution who complete the program of education within 150
percent of such period, disaggregated by students who receive
and don't receive assistance for pursuit of the program of
education under this chapter or any of chapters 30 through 35
of this title or chapter 106A or 1606 of title 10.
``(C) The number of degrees and certificates awarded by the
educational institution and the number of students enrolled
in programs of education at the educational institution that
lead to a degree or a certificate.
``(D) The number of students enrolled in a program of
education of the educational institution.
``(E) The rates of job placement of students who complete a
program of education offered by the educational institution
that prepares students for gainful employment in a recognized
occupation and for other programs if such rates are available
for such other programs.
``(F) The mean of the wages the students described in
subparagraph (E) receive from their first positions of
employment obtained after completing a program of education
offered by the educational institution.
``(G) A description of the accreditation of the educational
institution, if any, and the names of any national or
regional accrediting agencies that have accredited the
educational institution.
``(H) For each program of education offered by the
educational institution, the following:
``(i) The percentage of students who enroll in the first
term of the program of education who on the date that is 1
year after the date of enrolling are not enrolled in any
program of education at the educational institution.
``(ii) The percentage of students enrolled in the program
of education who complete the program of education within the
normal time for completion of such program and the percentage
of students enrolled in the program of education who complete
the program of education within 150 percent of such period,
disaggregated by students who receive and don't receive
assistance for pursuit of the program of education under this
chapter or any of chapters 30 through 35 of this title or
chapter 106A or 1606 of title 10.
``(iii) The number of degrees or certificates awarded by
the educational institution to individuals who enrolled in
the program of education.
``(iv) The number of students enrolled in the program of
education.
``(v) If the program of education is designed to prepare a
student for a particular occupation, whether such occupation
generally requires licensing or certification in the State in
which the educational institution is located and if so,
whether successfully completing such program of education
generally qualifies an individual--
``(I) to obtain such licensing or certification;
[[Page S2089]]
``(II) to take an examination that is generally required to
obtain such licensing or certification; or
``(III) to meet such other preconditions as may be
necessary for employment in such occupation in such State.
``(vi) If the program of education is designed to prepare a
student for a particular occupation that generally requires
licensing or certification in the State in which the
educational institution is located, the percentage of
students who completed such program of education who obtained
such licensing or certification.
``(vii) The rates of job placement of students who complete
the program of education for programs of education that
prepare students for gainful employment in a recognized
occupation and for other programs if such rates are available
for such other programs.
``(viii) The mean of the wages the students described in
clause (vii) receive from their first positions of employment
obtained after completing the program of education.
``(ix) A description of the accreditation of the program of
education, if any, and the names of any national or regional
accrediting agencies that have accredited the program of
education.
``(I) An explanation of the following:
``(i) Whether academic credits awarded by the educational
institution are transferable to public educational
institutions in the State in which the educational
institution is located.
``(ii) Any articulation agreements the educational
institution may have with any other educational institutions.
``(iii) How the educational institution may or may not
accept academic credit awarded by another educational
institution, including whether the educational institution
accepts the transfer of academic credits from the following:
``(I) The Army/American Council on Education Registry
Transcript System.
``(II) The Sailor-Marine American Council on Education
Registry Transcript.
``(III) The Community College of the Air Force.
``(IV) The United States Coast Guard Institute.
``(J) The average tuition and fees for all programs of
education at the educational institution leading to a
baccalaureate degree or lesser degree, license, or
certificate and the average tuition and fees charged by
public educational institutions for similar programs of
education, disaggregated by State.
``(K) The median amount of debt from Federal student loans
under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.), and to the degree practicable, private student
loans, held upon completion of a program of education by an
individual who received assistance under chapter 30, 32, 33,
or 34 of this title for pursuit of such program of education
at the educational institution.
``(L) The cohort default rate, as defined in section 435(m)
of the Higher Education Act of 1965 (20 U.S.C. 1085(m)), of
the educational institution.
``(M) With respect to the information reported under
subparagraphs (K) and (L), indicators of how the educational
institution compares with all public educational institutions
offering comparable programs of education.
``(N) Whether the educational institution is a public,
private nonprofit, or private for-profit institution.
``(O) The number of veterans enrolled in programs of
education at the educational institution who are receiving
assistance under this chapter and chapters 30 through 35 of
this title and chapters 106A and 1606 of title 10 for pursuit
of such programs of education.
``(P) A description of the benefits and assistance veterans
described in subparagraph (K) may be entitled to under the
laws of the State or States in which the veterans receive
instruction from the educational institution.
``(Q) A description of the educational institution's
participation, if any, in the Yellow Ribbon G.I. Education
Enhancement Program established under section 3317(a) of this
title.
``(R) If the educational institution charges a lower rate
of tuition for students who reside in the same State as the
educational institution--
``(i) identification of the requirements for students to
obtain in-State status for such lower rate of tuition; and
``(ii) a list of educational institutions located or
incorporated in the same State as the educational institution
that waive such requirements for veterans.''.
(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 3697A the following new
item:
``3697B. Publication of information about educational institutions.''.
(3) Effective date.--Section 3697B of title 38, United
States Code, as added by paragraph (1), shall take effect on
the date that is 180 days after the date of the enactment of
this Act and not later than such date, the Secretary of
Veterans Affairs shall begin making information available as
described in subsection (a) of such section.
(b) Training for Employees of Department of Veterans
Affairs Education Call Centers.--Not later than one year
after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall ensure that appropriate employees of
each of the education call centers of the Department of
Veterans Affairs receive appropriate training regarding the
information made available under section 3697B of title 38,
United States Code, as added by subsection (a)(1).
(c) Publication by Secretary of Defense.--
(1) In general.--The Secretary of Defense shall, on an
ongoing basis, make available to individuals eligible to
receive or receiving assistance under the Military Spouse
Career Advancement Account (MyCAA) program of the Department
of Defense the information described in paragraph (4) in
language that can be easily understood by such individuals.
(2) Collection of information.--
(A) In general.--In order to make the information described
in paragraph (4) available as required by paragraph (1), the
Secretary shall take such actions as may be necessary to
obtain such information, including by requiring educational
institutions to provide, as a condition of participating in
such program, such information as the Secretary considers
necessary to carry out this subsection.
(B) Collection from other federal agencies.--If the
Secretary of Defense requires, for purposes of this section,
information that has been reported by an educational
institution to the Secretary of Education, the Secretary of
Veterans Affairs, the Secretary of Labor, or the heads of
other Federal agencies under a provision of law other than
under this subsection, the Secretary of Defense shall obtain
such information from such Secretary or head rather than the
educational institution.
(C) Privacy.--Making information available under paragraph
(1) shall not be required in a case in which the number of
students in a category is insufficient to yield statistically
reliable information or the results would reveal personally
identifiable information about an individual student.
(3) Partnership with secretary of education.--The Secretary
of Defense shall carry out paragraphs (1) and (2) in
consultation and cooperation with the Secretary of Education.
(4) Information.--The information described in this
paragraph is as follows:
(A) An explanation of the different types of accreditation
available to educational institutions and programs of
education.
(B) A general overview of Federal student aid programs and
the implications of incurring student loan debt.
(C) For each educational institution at which an individual
is enrolled in a program of education and receives assistance
under the Military Spouse Career Advancement Account (MyCAA)
program of the Department of Defense for pursuit of such
program of education, the following:
(i) The percentage of students who enroll in the first term
of a program of education of the educational institution who
on the date that is 1 year after the date of enrolling are
not enrolled in any program of education at the educational
institution.
(ii) The percentage of students who transfer from one
program of education offered by the educational institution
to another program of education offered by the educational
institution.
(iii) The rates of job placement of students who complete a
program of education offered by the educational institution
that prepares students for gainful employment in a recognized
occupation and for other programs if such rates are available
for such other programs.
(iv) The mean of the wages the students described in clause
(iii) receive from their first positions of employment
obtained after completing a program of education offered by
the educational institution.
(v) A description of the accreditation of the educational
institution, if any, and the names of any national or
regional accrediting agencies that have accredited the
educational institution.
(vi) For each program of education offered by the
educational institution, the following:
(I) If the program of education is designed to prepare a
student for a particular occupation, whether such occupation
generally requires licensing or certification in the State in
which the educational institution is located and if so,
whether successfully completing such program of education
generally qualifies an individual--
(aa) to obtain such licensing or certification;
(bb) to take an examination that is generally required to
obtain such licensing or certification; or
(cc) to meet such other preconditions as may be necessary
for employment in such occupation in such State.
(II) If the program of education is designed to prepare a
student for a particular occupation that generally requires
licensing or certification in the State in which the
educational institution is located, the percentage of
students who completed such program of education who obtained
such licensing or certification.
(III) The rates of job placement of students who complete
the program of education for programs of education that
prepares students for gainful employment in a recognized
occupation and for other programs if such rates are available
for such other programs.
(IV) The mean of the wages the students described in
subclause (III) receive from their first positions of
employment obtained after completing the program of
education.
(vii) An explanation of the following:
(I) Whether academic credits awarded by the educational
institution are transferable to public educational
institutions in the
[[Page S2090]]
State in which the educational institution is located.
(II) Any articulation agreements the educational
institution may have with any other educational institutions.
(III) How the educational institution may or may not accept
academic credit awarded by another educational institution
(viii) Whether the educational institution is a public,
private nonprofit, or private for-profit institution.
(ix) If the educational institution is accredited, whether
the educational institution has received disciplinary
complaints from the accrediting agency that awarded such
accreditation and the adjudication status of such complaints.
SEC. 3. ADDITIONAL REQUIREMENTS OF EDUCATIONAL INSTITUTIONS
FOR SUPPORT OF VETERANS AND MEMBERS OF THE
ARMED FORCES.
(a) Additional Requirements Under Title 38.--
(1) In general.--Subchapter I of chapter 36 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 3679A. Additional requirements
``(a) Affirmative Requirements.--A course of education of
an educational institution may not be approved under this
chapter unless the educational institution carries out the
following:
``(1) Compiling and disclosing to the Secretary such
information as the Secretary may require to carry out section
3697B of this title to the extent that such information is
available to the educational institution.
``(2) If more than 10 veterans or members of the Armed
Forces are enrolled in a course of education at the
educational institution, ensuring that at least one full-time
equivalent employee of the educational institution is
knowledgeable about benefits and assistance available to
veterans and members of the Armed Forces under laws
administered by the Secretary of Veterans Affairs and the
Secretary of Defense.
``(3) Ensuring that appropriate employees of the
educational institution are trained and qualified to handle
assistance provided under this chapter, chapters 30 through
35 of this title, and chapters 106A and 1606 of title 10.
``(4) If more than 10 veterans or members of the Armed
Forces are enrolled in a course of education at the
educational institution, providing academic advising and
support services to veterans, including remediation,
tutoring, career and placement counseling services, and
referrals to centers for readjustment counseling and related
mental health services for veterans under section 1712A of
this title (known as `vet centers').
``(5) Offering training for members of the faculty of the
educational institution on matters that are relevant to
veterans and members of the Armed Forces who are enrolled in
courses of education at the educational institution.
``(6) Agreeing to abide by the policies developed under
section 3696(b) of this title.
``(7) Establishing a point of contact for veterans enrolled
in courses of education at the educational institution who
can--
``(A) assist such veterans in adjusting to student life at
the educational institution; or
``(B) provide referrals to groups or organizations that
provide such assistance.
``(b) Prohibitions.--A course of education of an
educational institution may not be approved under this
chapter if the educational institution--
``(1) requires a student enrolled in the course of
education to waive the student's right to legal recourse
under any otherwise applicable provision of Federal or State
law; or
``(2) requires a student enrolled in the course of
education to submit to arbitration or imposes onerous legal
notice provisions in the case of a dispute with the
educational institution.''.
(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 3679 the following new
item:
``3679A. Additional requirements.''.
(3) Conforming amendment.--Section 3672(b)(2)(A) of such
title is amended by striking ``and 3696'' and inserting
``3696, and 3697B''.
(4) Effective date.--Section 3679A of such title, as added
by paragraph (1), shall take effect on the date that is 180
days after the date of the enactment of this Act.
(b) Memorandums of Understanding Between Department of
Defense and Educational Institutions.--
(1) In general.--Chapter 106A of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2149A. Memorandums of understanding with educational
institutions
``(a) In General.--The Secretary shall seek to enter into a
memorandum of understanding, not later than one year after
the date of the enactment of the GI Bill Consumer Awareness
Act of 2012, with each educational institution at which an
individual is enrolled in a program of education for which
the individual receives assistance under this chapter.
``(b) Elements.--Each memorandum of understanding entered
into under subsection (a) shall require the educational
institution with which the Secretary enters into the
understanding to carry out paragraphs (2) through (7) of
section 3679A(a) of title 38.
``(c) Ban on Recruiting on Military Installations.--No
individual who represents an educational institution
described in subsection (a) may enter a military facility of
the United States for purposes of recruiting students for the
educational institution if the educational institution has
not entered into a memorandum of understanding with the
Secretary under such subsection.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 106A of such title is amended by adding
at the end the following new item:
``22149A. Memorandums of understanding with educational
institutions.''.
SEC. 4. PROTECTIONS FOR VETERANS AND MEMBERS OF THE ARMED
FORCES ATTENDING EDUCATIONAL INSTITUTIONS.
(a) Policies to Curb Aggressive Recruiting.--Section 3696
of title 38, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``, including utilizing third-party lead
generators that gather names of prospective students through
the use deceptive or misleading acts or practices'' before
the period at the end; and
(B) by inserting ``(1)'' before ``The Secretary'';
(2) by redesignating subsections (b) and (c) as paragraphs
(2) and (3), respectively;
(3) in paragraph (3), as redesignated by paragraph (2), by
striking ``under subsection (a)'' each place it appears and
inserting ``under paragraph (1)'';
(4) by striking ``this section'' each place it appears and
inserting ``this subsection''; and
(5) by adding at the end the following new subsection (b):
``(b) Not later than 90 days after the date of the
enactment of the GI Bill Consumer Awareness Act of 2012, the
Secretary of Veterans Affairs and the Secretary of Defense
shall jointly develop policies to curb aggressive recruiting
of veterans and members of the Armed Forces by educational
institutions.''.
(b) Prohibition on Inducements.--Such section is further
amended by adding at the end the following new subsection:
``(c) The Secretary shall not approve a course offered by
an educational institution if the educational institution
uses inducements or provides any gratuity, favor, discount,
entertainment, hospitality loan, transportation, lodging,
meals, or other item having a monetary value of more than a
de minimis amount to any individual or entity (other than
salaries paid to employees or fees paid to contractors in
conformity with all applicable provisions of law) for the
purpose of securing enrollments.''.
(c) Working Group.--
(1) In general.--Chapter 36 of such title is amended by
inserting after section 3692 the following new section:
``Sec. 3692A. Working group
``(a) Establishment.--Not later than 60 days after the date
of the enactment of the GI Bill Consumer Awareness Act of
2012, the Secretary of Veterans Affairs and the Secretary of
Defense shall jointly, in consultation with the Secretary of
Education, establish a working group--
``(1) to coordinate consumer protection efforts of the
Department of Veterans Affairs and the Department of Defense
with respect to educational assistance provided under this
chapter, chapters 30 through 35 of this title, and chapters
106A and 1606 of title 10; and
``(2) to develop policies related to postsecondary
education marketing and recruitment of veterans and members
of the Armed Forces.
``(b) Duties.--In coordinating efforts and developing
policies under subsection (a), the working group shall--
``(1) survey veterans and members of the Armed Forces who
have received educational assistance described in subsection
(a)(1) to obtain feedback on the educational assistance
received and on the program of education for which such
assistance was received;
``(2) review marketing and recruitment practices carried
out by educational institutions to determine whether the
advertising practices of such institutions might be
detrimental to veterans and members of the Armed Forces,
including a review of Internet websites used for marketing
and advertising campaigns targeted towards veterans and
members of the Armed Forces; and
``(3) monitor the overall postsecondary education market
for developments that affect veterans and members of the
Armed Forces.
``(c) Consultation.--In carrying out its duties under this
section, the working group shall consult with appropriate
Federal agencies (including the Department of Education and
the Consumer Federal Protection Bureau), consumer protection
groups, veterans service organizations, military service
organizations, representatives of educational institutions,
and representatives of such other groups or organizations as
the Secretaries consider appropriate.
``(d) Exemption From FACA.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the working group
established under subsection (a).
``(e) Veterans Service Organization Defined.--In this
section, the term `veterans service organization' means any
organization recognized by the Secretary for the
representation of veterans under section 5902 of this
title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 36 of
[[Page S2091]]
such title is amended by inserting after the item relating to
section 3692 the following new item:
``3692A. Working group.''.
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the working group established under
section 3692A of such title, as added by paragraph (1), shall
submit to Congress a report on the activities of the working
group under such section, including the following:
(A) The findings of the working group.
(B) The actions taken by the working group.
(C) The policies developed by the working group.
(D) Recommendations for such legislative and regulatory
action as may be necessary to coordinate as described in
paragraph (1) of section 3692A(a) of such title and develop
policies as described in paragraph (2) of such section.
(d) Policies on Conflicts of Interest Between Employees of
Department of Veterans Affairs, Department of Defense, and
Educational Institutions.--Section 3683 of such title is
amended by adding at the end the following new subsection:
``(e) The Secretary of Veterans Affairs and the Secretary
of Defense shall develop policies for employees of the
Department of Veterans Affairs and the Department of Defense,
respectively, regarding conflicts of interest between
employees of such departments and educational
institutions.''.
SEC. 5. ASSESSMENT OF QUALITY AND DELIVERY OF CAREER
INFORMATION AND COUNSELING TO MEMBERS OF ARMED
FORCES AND VETERANS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of Veterans Affairs shall, in collaboration with
the Secretary of Labor and the Secretary of Education, assess
the quality and delivery of career information and counseling
provided to members of the Armed Forces and veterans enrolled
in (or planning to enroll in) programs of education with
assistance under chapter 106A or 1606 of title 10, United
States Code, or any of chapters 30 through 36 of title 38,
United States Code. Such assessment shall address, at
minimum, the following:
(1) Whether such information and counseling is relevant to
the labor-markets in which such members or veterans plan to
relocate, if applicable.
(2) Whether such information and counseling identifies
careers that are available in in-demand occupations and
industries in such labor-markets.
(3) Whether such information and counseling identifies the
education and credentials required for such careers.
(4) Whether assessments provided to such members and
veterans as part of such counseling of the skills and
credentials of such members and veterans match such skills
and credentials with the skills and credentials required for
jobs in the civilian workforce.
(5) Whether the assessments described in paragraph (4)
identify the additional skills or credentials members and
veterans described in such paragraph may need for employment
in jobs in the civilian workforce.
(6) Whether such information identifies the education and
training programs that provide the skills necessary for such
careers in such labor-markets.
(7) Whether such information is provided in a timely
manner.
(b) Collaboration With the One-stop Delivery System and
Transition Assistance Programs.--In carrying out subsection
(a), the Secretary of Defense and the Secretary of Veteran
Affairs shall, in collaboration with the Secretary of Labor,
determine how programs that provide education and career
counseling services to members of the Armed Forces and
veterans under laws administered by the Secretary of Defense
and the Secretary of Veterans Affairs should--
(1) collaborate and improve information sharing with one-
stop delivery systems established under section 134(c) of the
Workforce Investment Act of 1998 (29 U.S.C. 2864(c)),
including collaboration through electronic means, to provide
the information described in subsection (a) to the members of
the Armed Forces before such members transition from service
in the Armed Forces to civilian life; and
(2) coordinate with--
(A) each other;
(B) the Transition Assistance Program (TAP) of the
Department of Defense;
(C) the services provided under sections 1142, 1143, and
1144 of title 10, United States Code;
(D) the programs established under section 235(b) of the
VOW to Hire Heroes Act of 2011(Public Law 112 56; 38 U.S.C.
4214 note); and
(E) the demonstration project established under section
4114 of title 38, United States Code.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of Veterans Affairs shall submit to the appropriate
committees of Congress a report on the assessment completed
under subsection (a), including recommendations for such
legislative, regulatory, and administrative action as the
Secretaries consider necessary to improve the provision of
career information relevant to programs of education pursued
by members of the Armed Forces and veterans to such members
and veterans.
(2) Appropriate committees of congress.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services, the Committee on
Veterans' Affairs, and the Committee on Health, Education,
Labor, and Pensions of the Senate; and
(B) the Committee on Armed Services, the Committee on
Veterans' Affairs, and the Committee on Education and the
Workforce of the House of Representatives.
SEC. 6. EXPANSION OF ELIGIBILITY FOR EDUCATIONAL AND
VOCATIONAL COUNSELING.
Section 3697A(b) of title 38, United States Code, is
amended--
(1) by striking paragraphs (2) and (3);
(2) in paragraph (1), by adding ``or'' at the end; and
(3) by adding at the end the following new paragraph (2):
``(2) is serving on active duty in any State with the Armed
Forces and has served in the Armed Forces on active duty for
not fewer than 180 days.''.
SEC. 7. SUBMITTAL OF COMPLAINTS REGARDING PROGRAMS OF
EDUCATION AND EDUCATIONAL ASSISTANCE.
(a) In General.--Chapter 36 of title 38, United States
Code, is amended by inserting after section 3693 the
following new section:
``Sec. 3693A. Complaint process
``(a) Submittal of Complaints.--The Secretary shall
establish procedures for submittal to the Secretary of
complaints by a students who are pursuing programs of
education with assistance under this chapter, any of chapters
30 through 35 of this title, or chapters 106A or 1606 of
title 10 regarding such programs of education or such
assistance.
``(b) Database.--The Secretary shall establish a database
to store complaints submitted under subsection (a) to enable
the Secretary--
``(1) to improve the provision of assistance under this
chapter and chapters 30 through 35 of this title;
``(2) to improve the provision of educational and
vocational counseling under section 3697A of this title; and
``(3) to identify problems with the programs of education
or assistance described in subsection (a) that warrant
further investigation by the Secretary.''.
(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 process.''.
SEC. 8. COLLECTION AND DISSEMINATION OF BEST PRACTICES FOR
PROVISION BY EDUCATIONAL INSTITUTIONS OF
ASSISTANCE TO STUDENTS WHO ARE VETERANS OR
MEMBERS OF THE ARMED FORCES.
(a) In General.--Not later than one year after the date of
the enactment of this Act and two and four years thereafter,
the Secretary of Veterans Affairs shall, in collaboration
with the Secretary of Education and the Secretary of Defense,
collect and disseminate information about best practices for
the provision by educational institutions of assistance to
students who are veterans and students who are members of the
Armed Forces to help them successfully enter, persist in, and
complete programs of education.
(b) Consultation With Veterans Service Organizations.--In
carrying out subsection (a), the Secretary of Veterans
Affairs shall consult with veterans service organizations and
educational institutions.
SEC. 9. REPEAL OF LIMITATION ON PAYMENTS FOR CONTRACT
EDUCATIONAL AND VOCATIONAL COUNSELING.
Section 3697 of title 38, United States Code, is amended--
(1) by striking subsection (b); and
(2) in subsection (a), by striking ``(a) Subject to
subsection (b) of this section, educational'' and inserting
``Educational''.
SEC. 10. DEDICATED POINTS OF CONTACT FOR SCHOOL CERTIFYING
OFFICIALS.
Section 3684 of title 38, United States Code, is amended by
adding at the end the following new subsection:
``(d) Not later than 90 days after the date of the
enactment of the GI Bill Consumer Awareness Act of 2012, the
Secretary shall ensure that the Department employs personnel
dedicated to assisting personnel of educational institutions
who are charged with submitting reports or certifications to
the Secretary under this section.''.
SEC. 11. REPORT ON NUMBER OF RECIPIENTS OF EDUCATIONAL
ASSISTANCE UNDER LAWS ADMINISTERED BY SECRETARY
OF VETERANS AFFAIRS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the receipt of educational
assistance under laws administered by the Secretary of
Veterans Affairs during the last academic year ending before
the submittal of the report.
(b) Elements.--The report required by subsection (a) shall
include the following, for the period covered by the report:
(1) A list of all educational institutions at which an
individual is enrolled in a program of education for which
the individual receives assistance under a law administered
by the Secretary of Veterans Affairs.
(2) For each educational institution listed under paragraph
(1), the number of individuals who receive assistance under a
law administered by the Secretary to pursue a program of
education at the educational institution.
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(3) For each educational institution listed under paragraph
(1), the total amount of assistance paid under laws
administered by the Secretary to individuals enrolled in
programs of education at the educational institution for
pursuit of such programs and paid to the educational
institution for the education of individuals.
SEC. 12. PERFORMANCE METRICS FOR DEPARTMENT OF DEFENSE
EDUCATION AND WORKFORCE TRAINING PROGRAMS.
(a) Establishment of Metrics.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall, in consultation with the Secretary of
Education and the Secretary of Labor, establish metrics for
tracking the successful completion of education and workforce
training programs carried out under laws administered by the
Secretary of Defense.
(b) Report on Metrics.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the appropriate committees of Congress a
report on the metrics establish under subsection (a),
including a description of each such metric.
(c) Annual Assessment.--Not later than one year after the
date of the enactment of this Act and not less frequently
than once each year thereafter, the Secretary of Defense
shall submit to the appropriate committees of Congress an
assessment of the education and workforce training programs
described in subsection (a) using the metrics established
under such subsection.
(d) Appropriate Committees of Congress.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of representatives.
SEC. 13. PRIVACY.
Nothing in this title or any of the amendments made by this
title shall be construed to authorize the Secretary of
Veterans Affairs, the Secretary of Defense, the Secretary of
Education, or the Secretary of Labor to release to the public
information about an individual that is otherwise prohibited
by a provision of law.
SEC. 14. DEFINITIONS.
In this Act:
(1) Educational institution and program of education.--The
terms ``educational institution'' and ``program of
education'' have the meanings given such terms in section
3501 of title 38, United States Code.
(2) Veterans service organization.--The term ``veterans
service organization'' means any organization recognized by
the Secretary of Veterans Affairs for the representation of
veterans under section 5902 of such title.
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