[Congressional Record Volume 165, Number 180 (Tuesday, November 12, 2019)]
[House]
[Pages H8746-H8751]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        PROTECT THE GI BILL ACT

  Mr. TAKANO. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 4625) to amend title 38, United States Code, to require that 
educational institutions abide by certain principles as a condition of 
approval for purposes of the educational assistance programs of the 
Department of Veterans Affairs, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4625

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Protect 
     the GI Bill Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Clarification of educational assistance for individuals who 
              pursue an approved program of education leading to a 
              degree while on active duty.
Sec. 3. Verification of enrollment for purposes of receipt of Post-9/11 
              Educational Assistance benefits.
Sec. 4. Clarification regarding the dependents to whom entitlement to 
              educational assistance may be transferred under the Post 
              9/11 Educational Assistance Program.
Sec. 5. Expansion of reasons for which a course of education may be 
              disapproved.
Sec. 6. Oversight of educational institutions subject to Government 
              action for purposes of the educational assistance 
              programs of the Department of Veterans Affairs.
Sec. 7. Additional requirement for approval of educational institutions 
              for purposes of the educational assistance programs of 
              the Department of Veterans Affairs.
Sec. 8. Clarification of accreditation for law schools for purposes of 
              the educational assistance programs of the Department of 
              Veterans Affairs.
Sec. 9. Clarification of grounds for disapproval of a course for 
              purposes of the educational assistance programs of the 
              Department of Veterans Affairs.
Sec. 10. Requirements for educational institutions participating in the 
              educational assistance programs of the Department of 
              Veterans Affairs.
Sec. 11. Overpayments to eligible persons or veterans.
Sec. 12. Improvements to limitation on certain advertising, sales, and 
              enrollment practices.
Sec. 13. Additional limitation on certain advertising, sales, and 
              enrollment practices of educational institutions.
Sec. 14. Charge to entitlement to educational assistance for 
              individuals who do not transfer credits from certain 
              closed or disapproved programs of education.

     SEC. 2. CLARIFICATION OF EDUCATIONAL ASSISTANCE FOR 
                   INDIVIDUALS WHO PURSUE AN APPROVED PROGRAM OF 
                   EDUCATION LEADING TO A DEGREE WHILE ON ACTIVE 
                   DUTY.

       Section 3313(e) of title 38, United States Code, is 
     amended--
       (1) in the heading, by inserting ``for a Period of More 
     Than 30 Days'' after ``Active Duty'';
       (2) in paragraph (1), by inserting ``for a period of more 
     than 30 days'' after ``active duty''; and
       (3) in paragraph (2), in the matter preceding subparagraph 
     (A), by inserting ``for a period of more than 30 days'' after 
     ``active duty''.

     SEC. 3. VERIFICATION OF ENROLLMENT FOR PURPOSES OF RECEIPT OF 
                   POST-9/11 EDUCATIONAL ASSISTANCE BENEFITS.

       (a) In General.--Section 3313 of title 38, United States 
     Code, as amended by section 2, is further amended by adding 
     at the end the following new subsection:
       ``(l) Verification of Enrollment.--(1) The Secretary shall 
     require--
       ``(A) each educational institution to submit to the 
     Secretary verification of each individual who is enrolled in 
     a course or program of education at the educational 
     institution and is receiving educational assistance under 
     this chapter for each month during which the individual is so 
     enrolled and receiving such educational assistance; and
       ``(B) each individual who is enrolled in a course or 
     program of education and is receiving educational assistance 
     under this chapter to submit to the Secretary verification of 
     such enrollment for each month during which the individual is 
     so enrolled and receiving such educational assistance.
       ``(2) Verification under this subsection shall be in an 
     electronic form prescribed by the Secretary.
       ``(3) If an individual fails to submit the verification 
     required under paragraph (1)(B) for two consecutive months, 
     the Secretary may not make a monthly stipend payment to the 
     individual under this section until the individual submits 
     such verification.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on August 1, 2020.

     SEC. 4. CLARIFICATION REGARDING THE DEPENDENTS TO WHOM 
                   ENTITLEMENT TO EDUCATIONAL ASSISTANCE MAY BE 
                   TRANSFERRED UNDER THE POST 9/11 EDUCATIONAL 
                   ASSISTANCE PROGRAM.

       (a) In General.--Section 3319(c) of title 38, United States 
     Code, is amended to read as follows:
       ``(c) Eligible Dependents.--
       ``(1) Transfer.--An individual approved to transfer an 
     entitlement to educational assistance under this section may 
     transfer the individual's entitlement to an eligible 
     dependent or a combination of eligible dependents.
       ``(2) Definition of eligible dependent.--For purposes of 
     this subsection, the term `eligible dependent' has the 
     meaning given the term `dependent' under paragraph (2) of 
     section 1072 of title 10.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall apply with respect to educational assistance payable 
     under chapter 33 of title 38, United States Code, before, on, 
     or after the date of the enactment of this Act.

     SEC. 5. EXPANSION OF REASONS FOR WHICH A COURSE OF EDUCATION 
                   MAY BE DISAPPROVED.

       (a) In General.--Section 3672(b)(2) of title 38, United 
     States Code, is amended--
       (1) in subparagraph (A)(i), by inserting or ``or (D)'' 
     after ``subparagraph (C)''; and
       (2) by adding at the end the following new subparagraph:
       ``(D) A program that is described in subparagraph (A)(i) of 
     this paragraph and offered by an educational institution that 
     is at risk of losing accreditation shall not be deemed to be 
     approved for purposes of this chapter. For purposes of this 
     subparagraph, an educational institution is at risk of losing 
     accreditation if that educational institution has received 
     from the relevant accrediting agency or association a notice 
     described in section 3673(e)(2)(D) of this title.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date that is 180 days after the date 
     of the enactment of this Act.

     SEC. 6. OVERSIGHT OF EDUCATIONAL INSTITUTIONS SUBJECT TO 
                   GOVERNMENT ACTION FOR PURPOSES OF THE 
                   EDUCATIONAL ASSISTANCE PROGRAMS OF THE 
                   DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--Section 3673 of title 38, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(e) Notice of Government Action.--(1)(A) If the Secretary 
     receives notice under paragraph (2), or otherwise becomes 
     aware of an action or event described in paragraph (3), with 
     respect to an educational institution, the Secretary shall 
     transmit such notice or provide notice of such action or 
     event to the State approving agency for the State where the 
     educational institution is located by not later than 30 days 
     after the date on which the Secretary receives such notice or 
     becomes aware of such action or event. A State approving 
     agency shall perform a risk-based oversight survey to the 
     educational institution by not later than 60 days after 
     receiving notice under this subparagraph.
       ``(B) If a State approving agency receives notice as 
     described in paragraph (2), or otherwise becomes aware of an 
     action or event described in paragraph (3), with respect to 
     an educational institution, the State approving agency shall 
     perform a risk-based oversight survey to the educational 
     institution by not later than 60 days after receiving such 
     notice or otherwise becoming aware of such action or event.
       ``(2) Notice under this paragraph is any of the following:
       ``(A) Notice from the Secretary of Education of an event 
     under paragraph (3)(A).

[[Page H8747]]

       ``(B) Notice of an event under paragraph (3)(B).
       ``(C) Notice from a State of an action take by that State 
     under paragraph (3)(C).
       ``(D) Notice provided by an accrediting agency or 
     association of an action described in paragraph (3)(D) taken 
     by that agency or association.
       ``(E) Notice that the Secretary of Education has placed the 
     educational institution on provisional status.
       ``(3) An action or event under this paragraph is any of the 
     following:
       ``(A) The receipt by an educational institution of payments 
     under the heightened cash monitoring payment method pursuant 
     to section 487(c)(1)(B) of the Higher Education Act of 1965 
     (20 U.S.C. 1094).
       ``(B) Final punitive action taken by the Attorney General, 
     the Federal Trade Commission, or any other Federal department 
     or agency against an educational institution relating to 
     misconduct or misleading marketing practices, as defined by 
     the Secretary of Veterans Affairs.
       ``(C) Final punitive action taken by a State against an 
     educational institution.
       ``(D) The loss, or risk of loss, by an educational 
     institution of an accreditation from an accrediting agency or 
     association, including notice of probation, suspension, an 
     order to show cause, or revocation of accreditation.
       ``(E) The placement of an educational institution on 
     provisional status by the Secretary of Education.
       ``(4) If a State approving agency disapproves or suspends 
     an educational institution, the State approving agency shall 
     provide notice of such disapproval or suspension to the 
     Secretary and to the other State approving agencies.
       ``(5) This subsection shall be carried out using amounts 
     made available pursuant to section 3674(a)(4) of this title 
     as long as such amounts remain available.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on August 1, 2020.

     SEC. 7. ADDITIONAL REQUIREMENT FOR APPROVAL OF EDUCATIONAL 
                   INSTITUTIONS FOR PURPOSES OF THE EDUCATIONAL 
                   ASSISTANCE PROGRAMS OF THE DEPARTMENT OF 
                   VETERANS AFFAIRS.

       (a) In General.--Section 3675 of title 38, United States 
     Code, is amended--
       (1) in subsection (b), by adding at the end the following 
     new paragraph:
       ``(4) The educational institution is approved and 
     participates in a program under title IV of the Higher 
     Education Act of 1965 (20 U.S.C. 1070 et seq.) or the 
     Secretary has waived the requirement under this paragraph 
     with respect to an educational institution and submits to the 
     Committees on Veterans' Affairs of the Senate and House of 
     Representatives notice of such waiver.''.
       (2) by adding at the end the following new subsection:
       ``(d) The Secretary shall submit to Congress an annual 
     report on any waivers issued pursuant to subsection (b)(4) or 
     section 3672(b)(2)(A)(i) of this title. Each such report 
     shall include, for the year covered by the report--
       ``(1) the name of each educational institution for which a 
     waiver was issued;
       ``(2) the justification for each such waiver; and
       ``(3) the total number of waivers issued.''.
       (b) Requirement for Approval of Standard College Degree 
     Programs.--Clause (i) of subparagraph (A) of paragraph (2) of 
     subsection (b) of section 3672 of such title is amended to 
     read as follows:
       ``(i) Except as provided in subparagraph (C) or (D), an 
     accredited standard college degree program offered at a 
     public or not-for-profit proprietary educational institution 
     that--
       ``(I) is accredited by an agency or association recognized 
     for that purpose by the Secretary of Education; and
       ``(II) is approved and participates in a program under 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 
     et seq.), unless the Secretary has waived the requirement to 
     participate in a program under title IV of the Higher 
     Education Act of 1965 (20 U.S.C. 1070 et seq.).''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on August 1, 2020.

     SEC. 8. CLARIFICATION OF ACCREDITATION FOR LAW SCHOOLS FOR 
                   PURPOSES OF THE EDUCATIONAL ASSISTANCE PROGRAMS 
                   OF THE DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--Paragraphs (14)(B) and (15)(B) of section 
     3676(c) of title 38, United States Code, are each amended by 
     striking ``an accrediting agency'' both places it appears and 
     inserting ``a specialized accrediting agency''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on August 1, 2020.

     SEC. 9. CLARIFICATION OF GROUNDS FOR DISAPPROVAL OF A COURSE 
                   FOR PURPOSES OF THE EDUCATIONAL ASSISTANCE 
                   PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--Section 3679(a)(1) of title 38, United 
     States Code, is amended by inserting ``(including failure to 
     comply with a risk-based survey under section 3673(d) of this 
     title and secure an affirmation of approval by the 
     appropriate State approving agency following the survey)'' 
     after ``requirements of this chapter''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on August 1, 2020.

     SEC. 10. REQUIREMENTS FOR EDUCATIONAL INSTITUTIONS 
                   PARTICIPATING IN THE EDUCATIONAL ASSISTANCE 
                   PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--Section 3679 of title 38, United States 
     Code, as amended by section 6, is further amended by adding 
     at the end the following new subsection:
       ``(f)(1) Except as provided by paragraph (5), a State 
     approving agency, or the Secretary when acting in the role of 
     the State approving agency, may take an action described in 
     paragraph (4)(A) if the State approving agency or the 
     Secretary determines that an educational institution does not 
     perform any of the following:
       ``(A) Prior to the enrollment of a covered individual in a 
     course of education at the educational institution, provide 
     the individual with a form that contains information 
     personalized to the individual that describes--
       ``(i) the estimated total cost of the course, including 
     tuition, fees, books, supplies, and any other additional 
     costs;
       ``(ii) an estimate of the cost for living expenses for 
     students enrolled in the course;
       ``(iii) the amount of the costs under clauses (i) and (ii) 
     that are covered by the educational assistance provided to 
     the individual under chapter 30, 32, 33, or 35 of this title, 
     or chapter 1606 or 1607 of title 10, as the case may be;
       ``(iv) the type and amount of Federal financial aid not 
     administered by the Secretary and financial aid offered by 
     the institution that the individual may qualify to receive;
       ``(v) an estimate of the amount of student loan debt the 
     individual would have upon graduation;
       ``(vi) information regarding graduation rates;
       ``(vii) job-placement rates for graduates of the course, if 
     available;
       ``(viii) information regarding the acceptance by the 
     institution of transfer of credits, including military 
     credits;
       ``(ix) any conditions or additional requirements, including 
     training, experience, or examinations, required to obtain the 
     license, certification, or approval for which the course of 
     education is designed to provide preparation; and
       ``(x) other information to facilitate comparison by the 
     individual of aid packages offered by different educational 
     institutions.
       ``(B) Not later than 15 days after the date on which the 
     institution (or the governing body of the institution) 
     determines tuition rates and fees for an academic year that 
     is different than the amount being charged by the 
     institution, provide a covered individual enrolled in a 
     course of education at the educational institution with the 
     form under subparagraph (A) that contains updated 
     information.
       ``(C) Maintain policies to--
       ``(i) inform each covered individual enrolled in a course 
     of education at the educational institution of the 
     availability of Federal financial aid not administered by the 
     Secretary and financial aid offered by the institution; and
       ``(ii) alert such individual of the potential eligibility 
     of the individual for such financial aid before packaging or 
     arranging student loans or alternative financing programs for 
     the individual.
       ``(D) Maintain policies to--
       ``(i) prohibit the automatic renewal of a covered 
     individual in courses and programs of education; and
       ``(ii) ensure that each covered individual approves of the 
     enrollment of the individual in a course.
       ``(E) Provide to a covered individual enrolled in a course 
     of education at the educational institution with information 
     regarding the requirements to graduate from such course, 
     including information regarding when required classes will be 
     offered and a timeline to graduate.
       ``(F) With respect to an accredited educational 
     institution, obtain the approval of the accrediting agency 
     for each new course or program of the institution before 
     enrolling covered individuals in such courses or programs if 
     the accrediting agency determines that such approval is 
     appropriate under the substantive change requirements of the 
     accrediting agency regarding the quality, objectives, scope, 
     or control of the institution.
       ``(G) Maintain a policy that--
       ``(i) ensures that members of the Armed Forces, including 
     the reserve components and the National Guard, who enroll in 
     a course of education at the educational institution may be 
     readmitted at such institution if such members are 
     temporarily unavailable or have to suspend such enrollment by 
     reason of serving in the Armed Forces; and
       ``(ii) otherwise accommodates such members during short 
     absences by reason of such service.
       ``(H) Designate an employee of the educational institution 
     to serve as a point of contact for covered individuals and 
     the family of such individuals needing assistance with 
     respect to academic counseling, financial counseling, 
     disability counseling, and other information regarding 
     completing a course of education at such institution, 
     including by referring such individuals and family to the 
     appropriate persons for such counseling and information.
       ``(2) Except as provided by paragraph (5), a State 
     approving agency, or the Secretary when acting in the role of 
     the State approving agency, may take an action described in

[[Page H8748]]

     paragraph (4)(A) if the State approving agency, the 
     Secretary, or the Federal Trade Commission, determines that 
     an educational institution does any of the following:
       ``(A) Carries out deceptive or persistent recruiting 
     techniques, including on military installations, that may 
     include--
       ``(i) misrepresentation (as defined in section 
     3696(e)(2)(B) of this title) or payment of incentive 
     compensation;
       ``(ii) during any one-month period making three or more 
     unsolicited contacts to a covered individual, including 
     contacts by phone, email, or in-person; or
       ``(iii) engaging in same-day recruitment and registration.
       ``(B) Pays inducements, including 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, or its 
     agents including third party lead generators or marketing 
     firms other than salaries paid to employees or fees paid to 
     contractors in conformity with all applicable laws for the 
     purpose of securing enrollments of covered individuals or 
     obtaining access to educational assistance under this title, 
     with the exception of scholarships, grants, and tuition 
     reductions provided by the educational institution.
       ``(3) A State approving agency, or the Secretary when 
     acting in the role of the State approving agency, may take an 
     action described in paragraph (4)(A) if the State approving 
     agency or the Secretary determines that an educational 
     institution is the subject of a negative action made by the 
     accrediting agency that accredits the institution, including 
     any of the following:
       ``(A) A show cause order.
       ``(B) Accreditor sanctions.
       ``(C) Accreditation probation.
       ``(D) The loss of accreditation or candidacy for 
     accreditation.
       ``(4)(A) An action described in this subparagraph is any of 
     the following:
       ``(i) Publishing a warning on the internet website of the 
     Department described in section 3698(c)(2) of this title, or 
     such other similar internet website of the Department, that 
     describes how an educational institution is failing to meet a 
     requirement under paragraph (1) or (2).
       ``(ii) Prohibiting the pursuit by an individual of a course 
     of education at an educational institution under chapter 30, 
     32, 33, or 35 of this title during the period beginning on 
     the date of such prohibition and ending on a date specified 
     by the State approving agency, in consultation with the 
     Secretary, or the Secretary when acting in the role of the 
     State approving agency, unless the individual was enrolled at 
     the institution before such period.
       ``(B) The Secretary shall establish guidelines to ensure 
     that the actions described in subparagraph (A) are applied in 
     a proportional and uniform manner by State approving 
     agencies, or the Secretary when acting in the role of the 
     State approving agency.
       ``(5)(A) The Secretary may waive the requirements of 
     paragraph (1) or waive the requirements of paragraph (2) with 
     respect to an educational institution for a one-academic-year 
     period beginning in August of the year in which the waiver is 
     made. A single educational institution may not receive 
     waivers under this paragraph for more than two consecutive 
     academic years.
       ``(B) To be considered for a waiver under this paragraph, 
     an educational institution shall submit to the Secretary an 
     application prior to the first day of the academic year for 
     which the waiver is sought.
       ``(6) On an annual basis, the Secretary shall submit to the 
     Committees on Veterans' Affairs of the House of 
     Representatives and the Senate the following reports:
       ``(A) A report, which shall be made publicly available, 
     that includes the following:
       ``(i) A summary of each action described in paragraph 
     (4)(A) made during the year covered by the report, 
     including--
       ``(I) the name of the educational institution;
       ``(II) the type of action taken;
       ``(III) the rationale for the action, including how the 
     educational institution was not in compliance with this 
     subsection;
       ``(IV) the length of time that the educational institution 
     was not in such compliance; and
       ``(V) whether the educational institution was also not in 
     compliance with this subsection during any of the two years 
     prior to the year covered by the report.
       ``(ii) A summary and justifications for the waivers made 
     under paragraph (5) during the year covered by the report, 
     including the total number of waivers each educational 
     institution has received.
       ``(B) A report containing the recommendations of the 
     Secretary with respect to any legislative actions the 
     Secretary determines appropriate to ensure that this 
     subsection is carried out in a manner that is consistent with 
     the requirements that educational institutions must meet for 
     purposes of other departments or agencies of the Federal 
     Government.
       ``(7) In this subsection, the term `covered individual' 
     means an individual who is pursuing a course of education at 
     an educational institution under chapter 30, 32, 33, or 35 of 
     this title.''.
       (b) Application Date.--The amendment made by this section 
     shall take effect on June 15, 2020, and shall apply to an 
     educational institution beginning on August 1, 2020, except 
     that an educational institution may submit an application for 
     a waiver under subsection (f)(5) of section 3679 of title 38, 
     United States Code, as added by subsection (a), beginning on 
     June 15, 2020.

     SEC. 11. OVERPAYMENTS TO ELIGIBLE PERSONS OR VETERANS.

       Subsection (b) of section 3685 of title 38, United States 
     Code, is amended to read as follows:
       ``(b) Any overpayment by an educational institution to a 
     veteran or eligible person shall constitute a liability of 
     the educational institution to the United States if--
       ``(1) the Secretary finds that the overpayment has been 
     made as the result of--
       ``(A) the willful or negligent failure of an educational 
     institution to report, as required under this chapter or 
     chapter 34 or 35 of this title, to the Department of Veterans 
     Affairs excessive absences from a course, or discontinuance 
     or interruption of a course by the veteran or eligible 
     person; or
       ``(B) the willful or negligent false certification by an 
     educational institution; or
       ``(2) the payment is made pursuant to--
       ``(A) section 3313(h) of this title;
       ``(B) section 3317 of this title; or
       ``(C) section 3680(d) of this title.''.

     SEC. 12. IMPROVEMENTS TO LIMITATION ON CERTAIN ADVERTISING, 
                   SALES, AND ENROLLMENT PRACTICES.

       (a) Substantial Misrepresentation.--
       (1) In general.--Subsection (a) of section 3696 of title 
     38, United States Code, is amended to read as follows:
       ``(a) The Secretary, or a State approving agency acting in 
     the role of the Secretary, shall not approve the enrollment 
     of an eligible veteran or eligible person in any course 
     offered by an institution, or by an entity that owns the 
     institution, engaged in substantial misrepresentation 
     described in subsection (e)(1).''.
       (2) Definitions.--Such section is further amended by adding 
     at the end the following new subsection:
       ``(e)(1) Substantial misrepresentation described in this 
     paragraph is substantial misrepresentation by an educational 
     institution, a representative of the institution, or any 
     person with whom the institution has an agreement to provide 
     educational programs, marketing, advertising, recruiting or 
     admissions services, concerning any of the following:
       ``(A) The nature of the educational program of the 
     institution, including misrepresentation regarding--
       ``(i) the particular type, specific source, or nature and 
     extent, of the accreditation of the institution or a course 
     of education at the institution;
       ``(ii) whether a student may transfer course credits to 
     another institution;
       ``(iii) conditions under which the institution will accept 
     transfer credits earned at another institution;
       ``(iv) whether successful completion of a course of 
     instruction qualifies a student--
       ``(I) for acceptance to a labor union or similar 
     organization; or
       ``(II) to receive, to apply to take, or to take an 
     examination required to receive a local, State, or Federal 
     license, or a nongovernmental certification required as a 
     precondition for employment, or to perform certain functions 
     in the States in which the educational program is offered, or 
     to meet additional conditions that the institution knows or 
     reasonably should know are generally needed to secure 
     employment in a recognized occupation for which the program 
     is represented to prepare students;
       ``(v) the requirements for successfully completing the 
     course of study or program and the circumstances that would 
     constitute grounds for terminating the student's enrollment;
       ``(vi) whether the courses of education at the institution 
     are recommended or have been the subject of unsolicited 
     testimonials or endorsements by--
       ``(I) vocational counselors, high schools, colleges, 
     educational organizations, employment agencies, members of a 
     particular industry, students, former students, or others; or
       ``(II) officials of a local or State government or the 
     Federal Government;
       ``(vii) the size, location, facilities, or equipment of the 
     institution;
       ``(viii) the availability, frequency, and appropriateness 
     of the courses of education and programs to the employment 
     objectives that the institution states the courses and 
     programs are designed to meet;
       ``(ix) the nature, age, and availability of the training 
     devices or equipment of the institution and the 
     appropriateness to the employment objectives that the 
     institution states the courses and programs are designed to 
     meet;
       ``(x) the number, availability, and qualifications, 
     including the training and experience, of the faculty and 
     other personnel of the institution;
       ``(xi) the availability of part-time employment or other 
     forms of financial assistance;
       ``(xii) the nature and availability of any tutorial or 
     specialized instruction, guidance and counseling, or other 
     supplementary assistance the institution ill provide students 
     before, during, or after the completion of a course of 
     education;
       ``(xiii) the nature or extent of any prerequisites 
     established for enrollment in any course of education;
       ``(xiv) the subject matter, content of the course of 
     education, or any other fact related to the degree, diploma, 
     certificate of completion, or any similar document that the 
     student is to be, or is, awarded upon completion of the 
     course of education; and

[[Page H8749]]

       ``(xv) whether the degree that the institution will confer 
     upon completion of the course of education has been 
     authorized by the appropriate State educational agency, 
     including with respect to cases where the institution fails 
     to disclose facts regarding the lack of such authorization in 
     any advertising or promotional materials that reference such 
     degree.
       ``(B) The financial charges of the institution, including 
     misrepresentation regarding--
       ``(i) offers of scholarships to pay all or part of a course 
     charge;
       ``(ii) whether a particular charge is the customary charge 
     at the institution for a course;
       ``(iii) the cost of the program and the refund policy of 
     the institution if the student does not complete the program;
       ``(iv) the availability or nature of any financial 
     assistance offered to students, including a student's 
     responsibility to repay any loans, regardless of whether the 
     student is successful in completing the program and obtaining 
     employment; and
       ``(v) the student's right to reject any particular type of 
     financial aid or other assistance, or whether the student 
     must apply for a particular type of financial aid, such as 
     financing offered by the institution.
       ``(C) The employability of the graduates of the 
     institution, including misrepresentation regarding--
       ``(i) the relationship of the institution with any 
     organization, employment agency, or other agency providing 
     authorized training leading directly to employment;
       ``(ii) the plans of the institution to maintain a placement 
     service for graduates or otherwise assist graduates to obtain 
     employment;
       ``(iii) the knowledge of the institution about the current 
     or likely future conditions, compensation, or employment 
     opportunities in the industry or occupation for which the 
     students are being prepared;
       ``(iv) job market statistics maintained by the Federal 
     Government in relation to the potential placement of the 
     graduates of the institution; and
       ``(v) other requirements that are generally needed to be 
     employed in the fields for which the training is provided, 
     such as requirements related to commercial driving licenses 
     or permits to carry firearms, and failing to disclose factors 
     that would prevent an applicant from qualifying for such 
     requirements, such as prior criminal records or preexisting 
     medical conditions.
       ``(2) In this subsection:
       ``(A) The term `misleading statement' includes any 
     communication, action, omission, or intimation made in 
     writing, visually, orally, or through other means, that has 
     the likelihood or tendency to mislead the intended recipient 
     of the communication under the circumstances in which the 
     communication is made. Such term includes the use of student 
     endorsements or testimonials for an educational institution 
     that a student gives to the institution either under duress 
     or because the institution required the student to make such 
     an endorsement or testimonial to participate in a program of 
     education.
       ``(B) The term `misrepresentation' means any false, 
     erroneous, or misleading statement, action, omission, or 
     intimation made directly or indirectly to a student, a 
     prospective student, the public, an accrediting agency, a 
     State agency, or to the Secretary by an eligible institution, 
     one of its representatives, or any person with whom the 
     institution has an agreement to provide educational programs, 
     marketing, advertising, recruiting or admissions services.
       ``(C) The term `substantial misrepresentation' means 
     misrepresentation in which the person to whom it was made 
     could reasonably be expected to rely, or has reasonably 
     relied, to that person's detriment.''.
       (b) Referral.--Subsection (c) of such section is amended by 
     striking the last sentence and inserting the following: ``The 
     findings and results of any such investigations shall be 
     referred to the State approving agency, or the Secretary when 
     acting in the role of the State approving agency, who shall 
     take appropriate action in such cases not later than 60 days 
     after the date of such referral.''.
       (c) Requirements for Nonaccredited Courses.--Paragraph (10) 
     of section 3676(c) of such title is amended to read as 
     follows:
       ``(10) The institution, and any entity that owns the 
     institution, does not engage in substantial misrepresentation 
     described in section 3696(e) of this title. The institution 
     shall not be deemed to have met this requirement until the 
     State approving agency--
       ``(A) has ascertained that no Federal department or agency 
     has taken a punitive action, not including a settlement 
     agreement, against the school for misleading or deceptive 
     practices;
       ``(B) has, if such an order has been issued, given due 
     weight to that fact; and
       ``(C) has reviewed the complete record of advertising, 
     sales, or enrollment materials (and copies thereof) used by 
     or on behalf of the institution during the preceding 12-month 
     period.''.
       (d) Application Date.--The amendments made by this section 
     shall apply to an educational institution beginning on August 
     1 2020.

     SEC. 13. ADDITIONAL LIMITATION ON CERTAIN ADVERTISING, SALES, 
                   AND ENROLLMENT PRACTICES OF EDUCATIONAL 
                   INSTITUTIONS.

       (a) In General.--Section 3696(a) of title 38, United States 
     Code, as amended by section 11, is further amended--
       (1) by inserting ``(1)'' before ``The Secretary''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Not later than 120 days after a State or Federal 
     department or agency takes final punitive action against an 
     educational institution relating to practices described in 
     paragraph (1), the Secretary or the relevant State approving 
     agency may--
       ``(A) take an action described in subsection (f)(4)(A) of 
     section 3679 of this title; or
       ``(B) disapprove under such section each course offered by 
     that educational institution.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on August 1, 2020.

     SEC. 14. CHARGE TO ENTITLEMENT TO EDUCATIONAL ASSISTANCE FOR 
                   INDIVIDUALS WHO DO NOT TRANSFER CREDITS FROM 
                   CERTAIN CLOSED OR DISAPPROVED PROGRAMS OF 
                   EDUCATION.

       (a) In General.--Subsection (c) of section 3699 of title 
     38, United States Code, is amended to read as follows:
       ``(c) Period Not Charged.--(1) The period for which, by 
     reason of this subsection, educational assistance is not 
     charged against entitlement or counted toward the applicable 
     aggregate period under section 3695 of this title shall not 
     exceed the aggregate of--
       ``(A) the portion of the period of enrollment in the course 
     from which the individual did not receive credit or with 
     respect to which the individual lost training time, as 
     determined under subsection (b)(2); and
       ``(B) the period by which a monthly stipend is extended 
     under section 3680(a)(2)(B) of this title.
       ``(2)(A) An individual described in subparagraph (B) who 
     transfers fewer than 12 credits from a program of education 
     that is closed or disapproved as described in subsection 
     (b)(1) shall be deemed to be an individual who did not 
     receive such credits, as described in subsection (b)(2), 
     except that the period for which such individual's 
     entitlement is not charged shall be the entire period of the 
     individual's enrollment in the program of education. In 
     carrying out this subparagraph, the Secretary, in 
     consultation with the Secretary of Education, shall establish 
     procedures to determine whether the individual transferred 
     credits to a comparable course or program of education.
       ``(B) An individual described in this subparagraph is an 
     individual who is enrolled in a course or program of 
     education closed or discontinued as described in subsection 
     (b)(1) during the period beginning on the date that is 120 
     days before the date of such closure or discontinuance and 
     ending on the date of such closure or discontinuance, as the 
     case may be.
       ``(C) This paragraph shall apply with respect to a course 
     or program of education closed or discontinued before 
     September 30, 2023.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on August 1, 2020.

     SEC. 15. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Takano) and the gentleman from Tennessee (Mr. David P. 
Roe) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. TAKANO. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and to insert extraneous material on H.R. 4625, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. TAKANO. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise in support of H.R. 4625, as amended, the 
Protect the GI Bill Act.
  In 2009, before passage of the Post-9/11 Veterans Educational 
Assistance Improvements Act of 2010--the Post-9/11 GI Bill--the 
Department of Veterans Affairs supplied educational benefits to over 
14,000 veterans and paid schools over $36 million in educational 
benefits.
  Now, VA provides educational benefits to over 600,000 veterans and 
pays institutions of higher learning over $11 billion to cover the 
tuition, fees, and books for veterans on an annual basis.
  The increased educational benefits enacted through the Post-9/11 GI 
Bill and the Harry W. Colmery Forever GI Bill of 2017 have made 
pursuing an education a viable path for many veterans

[[Page H8750]]

across the country. Schools across this country have embraced the 
influx of students to their campuses with open arms; and, in return, 
veterans have brought their knowledge, expertise, and ideas into the 
classroom and, eventually, the workforce.
  Since 2010, most institutions of higher learning have provided 
student veterans with a means to upward economic mobility through 
traditional education and vocational training.
  However, a small number of predatory schools have sought to expand 
their coffers by targeting veterans for their educational benefits, 
providing subpar educations in return. Not only do veterans lose 
precious time and benefits from being misled by these malicious actors, 
but it also costs taxpayers millions of dollars each year, which is why 
we must pass the Protect the GI Bill Act today.
  The Protect the GI Bill Act would hold all schools to standards set 
forth by the principles of excellence outlined in Executive Order No. 
13607. By codifying the principles of excellence, we are ensuring that 
schools can no longer misrepresent their student outcomes, job 
placement rates, and graduation requirements when marketing to veterans 
and members of the military.
  The Protect the GI Bill Act also ensures that schools are upfront and 
honest regarding the cost of attendance, scholarships available for 
veterans before they take loans, and whether additional training is 
needed after graduation to pass State-based licensure or certification 
tests. This will allow veterans to make informed choices about the 
schools they want to attend to start their new careers and ensure that 
institutions are more accountable to veterans.
  This legislation also includes Congressman Bilirakis' Student Veteran 
Empowerment Act, Congresswoman Susie Lee's Forever GI Bill Class 
Evaluation Act, Congresswoman Susan Davis' Reserve and Guard GI Bill 
Housing Fairness Act, and Congressman Foster's GI Bill Education 
Fairness Act.
  This bipartisan legislation empowers State approving agencies to 
conduct targeted, risk-based surveys; eliminates waste in the Post-9/11 
GI Bill program; ensures that spouses of servicemembers in the Reserves 
and Guard are not penalized when servicemembers are called to duty; and 
clarifies that servicemembers can transfer their education benefits to 
stepchildren, foster and adopted children, and other minor dependents.
  As amended, the Protect the GI Bill Act also protects veterans by 
stopping them from incurring debt from Post-9/11 GI Bill overpayments. 
According to a GAO report, in fiscal year 2014, the VA paid 
approximately $10.8 billion in education assistance through the Post-9/
11 GI Bill and made approximately $416 million in overpayments to 
veterans in about 6,000 schools. Approximately one in four veterans 
received an overpayment in fiscal year 2014.
  Now, saddling veterans with unexpected debt is an injustice that we 
cannot perpetuate. This bill delays payments to schools, mandates that 
veterans confirm their enrollment each month, and prohibits late 
payment charges to students who are receiving GI Bill benefits.
  The Protect the GI Bill Act would also allow more veterans to restore 
their educational benefits in cases where schools they attend close, 
are disapproved by a State approving agency, or are discontinued for 
other reasons outside of their control.
  Current law only allows veterans to restore their education benefits 
if they attend schools that close or are disapproved by State approving 
agencies and if these veterans do not transfer any credits to another 
school or institution.

  This requires these veterans to restart their education to restore 
the benefits, which could erode their motivation and cost taxpayers 
more money. There is no reason that veterans should be forced to repeat 
basic classes or core credits in order to regain their educational 
benefits.
  This bill allows veterans to restore their education benefits while 
transferring up to 12 credits to another school.
  The expansion of eligibility in this bill is retroactive and will 
allow thousands of veterans to recover their educational benefits upon 
the enactment of this much needed bill.
  Madam Speaker, if our goal as a legislative body is to improve 
veterans' economic opportunities and end veteran homelessness, we must 
empower veterans to develop new and marketable skill sets in community 
colleges, universities, and trade schools.
  We must also be good fiduciaries of taxpayer funds by enacting 
rigorous standards and providing adequate oversight of institutions who 
seek to collect funds from veterans' educational benefits, which is why 
I support this bill.
  This bill also has the support of the Student Veterans of America and 
Veterans Education Success.
  I want to thank Representative Levin for his hard work on this 
excellent bill. I would also like to thank Representative Bilirakis, 
Representative Lee, Representative Davis, and Representative Foster for 
their contributions to this bill, and I urge my colleagues to support 
it.
  Madam Speaker, I reserve the balance of my time.

                              {time}  1615

  Mr. DAVID P. ROE of Tennessee. Madam Speaker, I yield myself such 
time as I may consume.
  Madam Speaker, I rise today in support of H.R. 4625, as amended, the 
Protect the GI Bill Act.
  Earlier this year, we celebrated the 75th anniversary of the original 
World War II GI Bill that helped launch the modern middle class. In the 
past 75 years, the GI Bill has helped millions of transitioning 
servicemembers get the training and education they need to be 
successful and help grow our economy. I used the GI Bill myself when I 
got out of the military.
  Part of our role on the Veterans' Affairs Committee is to protect the 
GI Bill's important legacy and ensure that the incredible benefit the 
GI Bill provides remains available for veterans for generations to 
come.
  The Protect the GI Bill Act would advance that goal by putting 
important protections in place to help student veterans make the right 
choice when using their GI Bill benefits by helping regulators flag 
and, if necessary, remove bad schools and programs from being eligible 
for the GI Bill.
  This bill would also double down on our support for student veterans 
whose school has closed before they finish their program by restoring 
their GI Bill entitlement if the student is unable to transfer their 
credits to another institution.
  I thank my friend and fellow long-term committee member, Congressman 
Gus Bilirakis from Florida, for his hard work on this bill. Gus is the 
ranking member of the Subcommittee on Economic Opportunity, and this 
bill includes the text of his bill, H.R. 4085, the Student Veteran 
Empowerment Act, and builds off his work in the 113th Congress to 
create the GI Bill Comparison Tool.
  I would also like to thank Student Veterans of America, Veterans of 
Foreign Wars, and, especially, Veterans Education Success for their 
help in crafting this legislation. Their expert advice and counsel are 
critical to ensuring that we preserve the legacy of the GI Bill for 
another 75 years and beyond.
  Madam Speaker, I reserve the balance of my time.
  Mr. TAKANO. Madam Speaker, I yield 3 minutes to the gentleman from 
Illinois (Mr. Foster), my good friend.
  Mr. FOSTER. Madam Speaker, I thank the gentleman for yielding.
  I thank Chairman Takano, Ranking Member Roe, and members of the House 
Committee on Veterans' Affairs for their steadfast commitment to the 
men and women of our armed services and for their work on H.R. 4625, 
the Protect the GI Bill Act.
  Included in this bill is legislation of mine that I have been working 
on with Representative McMorris Rodgers for some years now to remedy 
the bureaucratic oversight affecting military families across the 
country.
  Under current law, the Department of Defense includes wards and 
foster children in their definition of an ``eligible child'' who is 
authorized to receive their parents' unused GI education benefits. 
However, the Department of Veterans Affairs does not. Unfortunately, 
this misalignment has led to a nightmare for some members of the armed 
services and their families.
  This issue first came to my attention when a constituent, Sergeant 
First

[[Page H8751]]

Class Angela Dees, and her son, Christopher, reached out to my office 
to share their story.
  Regrettably, their story is not unique, and they are not alone. To 
date, nearly 100 wards and foster children were initially approved by 
the Department of Defense for the transfer of GI education benefits, 
and money was paid out to their schools. Then, midsemester, the 
Department of Veterans Affairs revoked their benefits. The students and 
their families were notified that they would have to repay tuition 
expenses.
  These families now face unexpected and crippling debts. They aren't 
just stuck with bigger loan payments but with outstanding bills. In 
many cases, the students even had to drop out of school.
  Children of the men and women who serve honorably should not be 
denied the benefits that they were promised because of bureaucratic 
oversight. These servicemen and -women have honored the promise that 
they made to serve our country, and we need to honor the promises we 
make to them.
  This legislation would correct this discrepancy and prevent this 
situation from happening in the future. Doing so would allow foster 
children and wards like Christopher, who were approved for GI education 
benefits only to have them revoked, to receive the education funding 
that they were promised.
  I urge my colleagues to join me and vote ``yes'' on this critical 
piece of legislation.
  Mr. DAVID P. ROE of Tennessee. Madam Speaker, I yield 4 minutes to 
the gentleman from Florida (Mr. Bilirakis), my good friend, a tireless 
working member of the Veterans' Affairs Committee. I know of no one on 
our committee who works harder for veterans, whether it is on PTSD or 
the benefits they have earned, than Gus Bilirakis.
  Mr. BILIRAKIS. Madam Speaker, I thank the ranking member and the 
chairman. I appreciate them working with us on this very good bill. 
Also, Chairman Levin, who is not here at the time, does an outstanding 
job, and I look forward to working with him on many more bills.
  Madam Speaker, as Ranking Member Roe just mentioned, one of the most 
important jobs of the House Committee on Veterans' Affairs is defending 
and protecting programs like the GI Bill that continue to provide life-
changing education and training benefits to our Nation's veterans and 
servicemembers. I am proud that provisions in H.R. 4625 will continue 
this goal and are a byproduct of several bipartisan hearings that I 
have led with Chairman Levin to improve oversight of the GI Bill.
  I am also pleased that this package includes all the provisions from 
my bill, H.R. 4085, the Student Veteran Empowerment Act. My bill is 
designed to limit overpayment of GI Bill funds to students and schools, 
improve oversight of the GI Bill program by VA and State approving 
agencies, and, most importantly, extend the restoration of entitlement 
for student veterans impacted by school closures.

  This last section extends benefits we originally provided to a 
limited number of students in the Forever GI Bill to all students. It 
extends to all students; that is important. It is critical to ensure 
that a student's entitlement is not lost when a school closes or is 
disapproved before the student completes their education.
  My provisions in this bill would make important structural 
improvements regarding GI Bill oversight and accountability. These 
changes are important so that we can do all we can to prevent 
unnecessary school closures and ensure that a student's hard-earned 
benefits are used on training and education programs that will set up 
the veteran for long-term economic success.
  Again, like Dr. Roe, I thank the veterans service organizations for 
their advice and suggestions, especially Veterans Education Success.
  I also thank the bill's sponsor, as I said before, the chairman of 
the Economic Opportunity Subcommittee, my friend from California,   
Mike Levin. It has been my distinct pleasure, as the ranking member, to 
work with him on this bill and on other issues that come before our 
subcommittee. He is a thoughtful legislator, and I thank him for 
including the provisions of my bill in this legislation before us.
  I urge passage of this great bill, H.R. 4625.
  Mr. TAKANO. Madam Speaker, I yield myself such time as I may consume.
  Let me just say that this bill, the Protect the GI Bill Act, contains 
so many elements offered by both sides of the aisle. I have to point 
out, for the Record, the coincidence of having the interests of foster 
children being protected by a man named Bill Foster. There are not 
enough people in here to get that joke, but I thought that was worth 
pointing out.
  The language in this bill also contains enhancements to the 
authorities of State approving agencies. One of the broken parts of how 
our schools, our for-profit schools or all schools, get approved, get 
their programs approved, is because our State approving agencies lack 
sufficient authority to intervene when they know that a certain for-
profit operation that has had a shady history is about to open in their 
State. This legislation would allow a State approving agency to act 
before a bad-acting for-profit school is actually charged, formally 
charged.
  Madam Speaker, I have no further speakers, and I am prepared to 
close. I reserve the balance of my time.
  Mr. DAVID P. ROE of Tennessee. Madam Speaker, I have no further 
speakers, and I, too, am ready to close. I yield myself the balance of 
my time.
  I do want to say that this bill is indicative of how, when we work 
together, we can solve problems. You heard various issues from both 
sides of the aisle that were brought to bear and worked in the 
subcommittee and committee to solve these problems for constituents all 
across the country.
  Madam Speaker, I encourage all Members to support this bill, and I 
yield back the balance of my time.
  Mr. TAKANO. Madam Speaker, I yield myself the balance of my time.
  I urge all of my colleagues to join me in passing H.R. 4625, as 
amended. Indeed, both sides of the aisle worked carefully together, and 
I am pleased to recommend that we pass this bill on suspension. I yield 
back the balance of my time.
  Mr. SABLAN. Madam Speaker, I rise in support of H.R. 4625, the 
Protect the GI Bill Act, which restores education benefits for veterans 
impacted by recent for-profit school closures and provides the VA 
additional tools to keep schools who violate the terms of their GI Bill 
funding accountable.
  For the past 75 years, the VA estimates the GI Bill has helped more 
than 25 million veterans and their families nationwide including the 
Marianas achieve their educational and career goals.
  In recent years however, closures of several for-profit schools have 
left many veterans with degrees and credits that are not recognized or 
transferable and facing serious hardships from diminished GI Bill funds 
that also help pay for housing and other living expenses.
  The Protect the GI Bill Act would help the victims of school closures 
by reinstating lost benefits and barring schools who do not meet 
quality standards for receiving GI Bill funds. Under H.R. 4625, schools 
would also be required to inform veterans of the actual cost of 
attendance including how much their benefits cover, as well as 
graduation and job placement rates. The bill requires VA and State 
Approving Agencies to take swift action on schools in violation of GI 
Bill requirements including suspension of new enrollments as well as 
bans on deceptive practices like automatic re-enrollment without the 
veteran's permission.
  Passage of H.R. 4625 is critical to preventing future victims of 
school closures and ensuring veterans and their eligible family members 
receive a quality education for their hard-earned GI Bill benefits.
  I thank the gentleman from California, Mr. Levin, for his leadership 
on this legislation and urge my colleagues to support H.R. 4625.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Takano) that the House suspend the rules 
and pass the bill, H.R. 4625, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________