I 

112TH CONGRESS 

1ST SESSION H. R. 3764 

To revise the 90–10 rule under the Higher Education Act of 1965 to count 

veterans’ education benefits under such rule, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 20, 2011 

Ms. WATERS introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Armed Services and Veterans’ Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To revise the 90–10 rule under the Higher Education Act 

of 1965 to count veterans’ education benefits under such 

rule, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ensuring Quality Edu5 cation for Veterans Act’’. 


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1 SEC. 2. REVISION OF 90–10 RULE. 

2 (a) REVISION OF 90–10 RULE.—Section 487 of the 

3 Higher Education Act of 1965 (20 U.S.C. 1094) is 

4 amended— 

5 (1) in subsection (a)(24), by inserting after 

6 ‘‘other than’’ the following: ‘‘veterans’ education 

7 benefits (as defined in subsection (d)(5)) or’’; 

8 (2) in subsection (d)— 

9 (A) in paragraph (2)(A), by inserting at 

10 the end the following: ‘‘The Secretary of Edu11 cation shall notify the Secretary of Defense and 

12 the Secretary of Veterans Affairs when, by rea13 son of failing to meet a requirement of sub14 section (a)(24), a proprietary institution of 

15 higher education becomes ineligible to partici16 pate in the programs authorized by this title, 

17 and when the institution regains such eligi18 bility.’’; and 

19 (B) by inserting at the end the following 

20 new paragraph: 

21 ‘‘(5) VETERANS’ EDUCATION BENEFITS DE22 FINED.—For the purpose of this subsection, the 

23 term ‘veterans’ education benefits’ includes the vet24 erans’ education benefits listed in subparagraphs (A) 

25 through (L) of section 480(c)(2) and any other edu26 cational assistance benefits provided by the SecVerDate Mar 15 2010 03:56 Dec 24, 2011 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3764.IH H3764

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1 retary of Defense or the Secretary of Veterans Af2 fairs to an individual.’’. 

3 (b) CONFORMING AMENDMENT.—The heading for 

4 subsection (d) of section 487 of the Higher Education Act 

5 of 1965 (20 U.S.C. 1094(d)) is amended by inserting after 

6 ‘‘NON-TITLE IV’’ the following: ‘‘AND NON-VETERANS’ 

7 EDUCATION BENEFITS’’. 

8 SEC. 3. INELIGIBILITY OF CERTAIN PROPRIETARY INSTITU9 TIONS OF HIGHER EDUCATION TO PARTICI10 PATE IN DEPARTMENT OF DEFENSE OR DE11 PARTMENT OF VETERANS AFFAIRS PRO12 GRAMS OF EDUCATIONAL ASSISTANCE. 

13 (a) DEPARTMENT OF DEFENSE.— 

14 (1) IN GENERAL.—Chapter 101 of title 10, 

15 United States Code, is amended by inserting after 

16 section 2008 the following new section: 

17 ‘‘§ 2008a. Ineligibility of certain proprietary institu18 tions of higher education to participate 

19 in Department of Defense programs of 

20 educational assistance 

21 ‘‘Upon notice from the Secretary of Education under 

22 section 487(d)(2)(A) of the Higher Education Act of 1965 

23 (20 U.S.C. 1094(d)(2)(A)) that a proprietary institution 

24 of higher education is ineligible to participate in the pro25 grams authorized by title IV of such Act (20 U.S.C. 1070 


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1 et seq.), the Secretary of Defense shall ensure that no edu2 cational assistance provided by the Secretary under this 

3 title or any other provision of law is available or used for 

4 education at the institution for the period of institutional 

5 fiscal years during which the institution remains ineligible 

6 to participate in the programs authorized by title IV of 

7 the Higher Education Act of 1965 (20 U.S.C. 1070 et 

8 seq.).’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of chapter 101 of such title 

11 is amended by inserting after the item relating to 

12 section 2008 the following new item: 

‘‘2008a. Ineligibility of certain proprietary institutions of higher education to 

participate in Department of Defense programs of educational 

assistance.’’. 

13 (b) DEPARTMENT OF VETERANS AFFAIRS.— 

14 (1) IN GENERAL.—Subchapter II of chapter 36 

15 of title 38, United States Code, is amended by in16 serting after section 3681 the following new section: 

17 ‘‘§ 3681A. Ineligibility of certain proprietary institu18 tions of higher education to participate 

19 in Department of Veterans Affairs pro20 grams of educational assistance 

21 ‘‘(a) IN GENERAL.—Upon notice from the Secretary 

22 of Education under section 487(d)(2)(A) of the Higher 

23 Education Act of 1965 (20 U.S.C. 1094(d)(2)(A)) that 

24 a proprietary institution of higher education is ineligible 


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1 to participate in the programs authorized by title IV of 

2 such Act (20 U.S.C. 1070 et seq.), the Secretary of Vet3 erans Affairs shall ensure that no educational assistance 

4 provided by the Secretary under this title or any other 

5 provision of law is available or used for education at the 

6 institution for the period of institutional fiscal years dur7 ing which the institution remains ineligible to participate 

8 in the programs authorized by title IV of the Higher Edu9 cation Act of 1965 (20 U.S.C. 1070 et seq.).’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of chapter 36 of such title is 

12 amended by inserting after the item relating to sec13 tion 3681 the following new item: 

‘‘3681A. Ineligibility of certain proprietary institutions of higher education to 

participate in Department of Veterans Affairs programs of 

educational assistance.’’. 

14 SEC. 4. EFFECTIVE DATE. 

15 The amendments made by this Act shall be effective 

16 July 1, 2012. 

Æ 


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