[Congressional Record Volume 164, Number 40 (Wednesday, March 7, 2018)]
[Senate]
[Pages S1497-S1498]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2142. Mr. CARPER submitted an amendment intended to be proposed by
him to the bill S. 2155, to promote economic growth, provide tailored
regulatory relief, and enhance consumer protections, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title III, add the following:
SEC. 308. MILITARY AND VETERANS EDUCATION PROTECTION.
(a) Higher Education.--Section 487 of the Higher Education
Act of 1965 (20 U.S.C. 1094) is amended--
(1) in subsection (a)(24)--
(A) by inserting ``that receives funds provided under this
title'' before ``, such institution''; and
(B) by striking ``other than funds provided under this
title, as calculated in accordance with subsection (d)(1)''
and inserting ``other than Federal educational assistance, as
defined in subsection (d)(5) and calculated in accordance
with subsection (d)(1)''; and
(2) in subsection (d)--
(A) in the subsection heading, by striking ``Non-Title IV''
and inserting ``Non-Federal Educational'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by inserting
``that receives funds provided under this title'' before
``shall'';
(ii) in subparagraph (B)--
(I) in clause (i), by striking ``assistance under this
title'' and inserting ``Federal educational assistance''; and
(II) in clause (ii)(I), by inserting ``, or on a military
base if the administering Secretary for a program of Federal
educational assistance under clause (ii), (iii), or (iv) of
paragraph (5)(B) has authorized such location'' before the
semicolon;
(iii) in subparagraph (C), by striking ``program under this
title'' and inserting ``program of Federal educational
assistance'';
(iv) in subparagraph (E), by striking ``funds received
under this title'' and inserting ``Federal educational
assistance''; and
(v) in subparagraph (F)--
(I) in clause (iii), by striking ``under this title'' and
inserting ``of Federal educational assistance''; and
(II) in clause (iv), by striking ``under this title'' and
inserting ``of Federal educational assistance'';
(C) in paragraph (2)--
(i) by striking subparagraph (A) and inserting the
following:
``(A) Ineligibility.--
``(i) In general.--Notwithstanding any other provision of
law, a proprietary institution of higher education receiving
funds provided under this title that fails to meet a
requirement of subsection (a)(24) for two consecutive
institutional fiscal years 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 years.
``(ii) Regaining eligibility.--To regain eligibility to
participate in or receive funds under any program of Federal
educational assistance after being ineligible pursuant to
clause (i), a proprietary institution of higher education
shall demonstrate compliance with all eligibility and
certification requirements for the program for a minimum of
two consecutive institutional fiscal years after the
institutional fiscal year in which the institution became
ineligible. In order to regain eligibility to participate in
any program of Federal educational assistance under this
title, such compliance shall include meeting the requirements
of section 498 for such 2-year period.
``(iii) Notification of ineligibility.--The Secretary of
Education shall determine when a proprietary institution of
higher education that receives funds under this title is
ineligible under clause (i) and shall notify all other
administering Secretaries of the determination.
``(iv) Enforcement.--Each administering Secretary for a
program of Federal educational assistance shall enforce the
requirements of this subparagraph for the program concerned
upon receiving notification under clause (iii) of a
proprietary institution of higher education's
ineligibility.''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause (i)--
(aa) by striking ``In addition'' and all that follows
through ``education fails'' and inserting ``Notwithstanding
any other provision of law, in addition to such other means
of enforcing the requirements of a program of Federal
educational assistance as may be available to the
administering Secretary, if a proprietary institution of
higher education
[[Page S1498]]
that receives funds provided under this title fails''; and
(bb) by striking ``the programs authorized by this title''
and inserting ``all programs of Federal educational
assistance''; and
(II) in clause (i), by inserting ``with respect to a
program of Federal educational assistance under this title,''
before ``on the expiration date'';
(D) in paragraph (4)(A), by striking ``sources under this
title'' and inserting ``Federal educational assistance''; and
(E) by adding at the end the following:
``(5) Definitions.--In this subsection:
``(A) Administering secretary.--The term `administering
Secretary' means the Secretary of Education, the Secretary of
Defense, the Secretary of Veterans Affairs, the Secretary of
Homeland Security, or the Secretary of a military department
responsible for administering the Federal educational
assistance concerned.
``(B) Federal educational assistance.--The term `Federal
educational assistance' means funds provided under any of the
following provisions of law:
``(i) This title.
``(ii) Chapter 30, 31, 32, 33, 34, or 35 of title 38,
United States Code.
``(iii) Chapter 101, 105, 106A, 1606, 1607, or 1608 of
title 10, United States Code.
``(iv) Section 1784a of title 10, United States Code.''.
(b) Department of Defense and Department of Veterans
Affairs Actions on Ineligibility of Certain Proprietary
Institutions of Higher Education for Participation in
Programs of Educational Assistance.--
(1) Department of defense.--
(A) In general.--Chapter 101 of title 10, United States
Code, is amended by inserting after section 2008 the
following new section:
``Sec. 2008a. Ineligibility of certain proprietary
institutions of higher education for participation in
Department of Defense programs of educational assistance
``(a) In General.--Upon receipt of a notice from the
Secretary of Education under clause (iii) of section
487(d)(2)(A) of the Higher Education Act of 1965 (20 U.S.C.
1094(d)(2)(A)) that a proprietary institution of higher
education is ineligible for participation in or receipt of
funds under any program of Federal educational assistance by
reason of such section, the Secretary of Defense shall ensure
that no educational assistance under the provisions of law
specified in subsection (b) is available or used for
education at the institution for the period of institutional
fiscal years covered by such notice.
``(b) Covered Assistance.--The provisions of law specified
in this subsection are the provisions of law on educational
assistance through the Department of Defense as follows:
``(1) This chapter.
``(2) Chapters 105, 106A, 1606, 1607, and 1608 of this
title.
``(3) Section 1784a of this title.
``(c) Notice on Ineligibility.--(1) The Secretary of
Defense shall take appropriate actions to notify persons
receiving or eligible for educational assistance under the
provisions of law specified in subsection (b) of the
application of the limitations in section 487(d)(2) of the
Higher Education Act of 1965 to particular proprietary
institutions of higher education.
``(2) The actions taken under this subsection with respect
to a proprietary institution shall include publication, on
the Internet website of the Department of Defense that
provides information to persons described in paragraph (1),
of the following:
``(A) The name of the institution.
``(B) The extent to which the institution failed to meet
the requirements of section 487(a)(24) of the Higher
Education Act of 1965.
``(C) The length of time the institution will be ineligible
for participation in or receipt of funds under any program of
Federal educational assistance by reason of section
487(d)(2)(A) of that Act.
``(D) The nonavailability of educational assistance through
the Department for enrollment, attendance, or pursuit of a
program of education at the institution by reason of such
ineligibility.''.
(B) Clerical amendment.--The table of sections at the
beginning of chapter 101 of such title is amended by
inserting after the item relating to section 2008 the
following new item:
``2008a. Ineligibility of certain proprietary institutions of higher
education for participation in Department of Defense
programs of educational assistance.''.
(2) Department of veterans affairs.--
(A) In general.--Subchapter II of chapter 36 of title 38,
United States Code, is amended by inserting after section
3681 the following new section:
``Sec. 3681A. Ineligibility of certain proprietary
institutions of higher education for participation in
Department of Veterans Affairs programs of educational
assistance
``(a) In General.--Upon receipt of a notice from the
Secretary of Education under clause (iii) of section
487(d)(2)(A) of the Higher Education Act of 1965 (20 U.S.C.
1094(d)(2)(A)) that a proprietary institution of higher
education is ineligible for participation in or receipt of
funds under any program of Federal educational assistance by
reason of such section, the Secretary of Veterans Affairs
shall ensure that no educational assistance under the
provisions of law specified in subsection (b) is available or
used for education at the institution for the period of
institutional fiscal years covered by such notice.
``(b) Covered Assistance.--The provisions of law specified
in this subsection are the provisions of law on educational
assistance through the Department under chapters 30, 31, 32,
33, 34, and 35 of this title.
``(c) Notice on Ineligibility.--(1) The Secretary of
Veterans Affairs shall take appropriate actions to notify
persons receiving or eligible for educational assistance
under the provisions of law specified in subsection (b) of
the application of the limitations in section 487(d)(2) of
the Higher Education Act of 1965 to particular proprietary
institutions of higher education.
``(2) The actions taken under this subsection with respect
to a proprietary institution shall include publication, on
the Internet website of the Department that provides
information to persons described in paragraph (1), of the
following:
``(A) The name of the institution.
``(B) The extent to which the institution failed to meet
the requirements of section 487(a)(24) of the Higher
Education Act of 1965.
``(C) The length of time the institution will be ineligible
for participation in or receipt of funds under any program of
Federal educational assistance by reason of section
487(d)(2)(A) of that Act.
``(D) The nonavailability of educational assistance through
the Department for enrollment, attendance, or pursuit of a
program of education at the institution by reason of such
ineligibility.''.
(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 3681 the following new
item:
``3681A. Ineligibility of certain proprietary institutions of higher
education for participation in Department of Veterans
Affairs programs of educational assistance.''.
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