II 

112TH CONGRESS 

2D SESSION S. 2241 

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. 

IN THE SENATE OF THE UNITED STATES 

MARCH 27, 2012 

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) introduced the following bill; which was read twice 

and referred to the Committee on Veterans’ Affairs 

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. 

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 ‘‘GI Bill Consumer 

5 Awareness Act of 2012’’. 


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1 SEC. 2. PUBLICATION BY SECRETARY OF VETERANS AF2 FAIRS AND SECRETARY OF DEFENSE OF IN3 FORMATION ABOUT EDUCATIONAL INSTITU4 TIONS. 

5 (a) PUBLICATION BY SECRETARY OF VETERANS AF6 FAIRS.— 

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

8 of title 38, United States Code, is amended by add9 ing at the end the following new section: 

10 ‘‘§ 3697B. Publication of information about edu11 cational institutions 

12 ‘‘(a) PUBLICATION OF INFORMATION.—The Sec13 retary shall, on an ongoing basis, make available to vet14 erans, members of the Armed Forces, and other individ15 uals eligible to receive or receiving assistance under this 

16 chapter or any of chapters 30 through 35 of this title or 

17 chapters 106A or 1606 of title 10 the information de18 scribed in subsection (d) in language that can be easily 

19 understood by such veterans, members, and other individ20 uals. 

21 ‘‘(b) COLLECTION OF INFORMATION.—(1) In order to 

22 make the information described in subsection (d) available 

23 as required by subsection (a), the Secretary shall take 

24 such actions as may be necessary to obtain such informa25 tion. 


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1 ‘‘(2) If the Secretary requires, for purposes of this 

2 section, information that has been reported by an edu3 cational institution to the Secretary of Education, the Sec4 retary of Defense, the Secretary of Labor, or the heads 

5 of other Federal agencies under a provision of law other 

6 than under this section or section 3679A of this title, the 

7 Secretary shall obtain such information from such Sec8 retary or head rather than the educational institution. 

9 ‘‘(3) Making information available under subsection 

10 (a) shall not be required in a case in which the number 

11 of students in a category is insufficient to yield statis12 tically reliable information or the results would reveal per13 sonally identifiable information about an individual stu14 dent. 

15 ‘‘(c) PARTNERSHIP WITH SECRETARY OF EDU16 CATION AND SECRETARY OF DEFENSE.—(1) The Sec17 retary shall carry out subsections (a) and (b) in consulta18 tion and cooperation with the Secretary of Education and 

19 the Secretary of Defense. 

20 ‘‘(2) If the Secretary of Education or the Secretary 

21 of Defense incur any costs in consulting or cooperating 

22 with the Secretary of Veterans Affairs under paragraph 

23 (1), the Secretary of Veterans Affairs shall reimburse the 

24 Secretary concerned, from amounts appropriated to the 

25 Secretary of Veterans Affairs, for such costs. 


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1 ‘‘(d) INFORMATION.—The information described in 

2 this subsection is as follows: 

3 ‘‘(1) An explanation of the different types of ac4 creditation available to educational institutions and 

5 programs of education. 

6 ‘‘(2) A general overview of Federal student aid 

7 programs, the implications of incurring student loan 

8 debt, and discussion of how receipt of educational 

9 assistance under this chapter or any of chapters 30 

10 through 35 of this title may enable students to com11 plete programs of education without incurring sig12 nificant educational debt. 

13 ‘‘(3) For each educational institution at which 

14 an individual is enrolled in a program of education 

15 for which the individual receives assistance under 

16 this chapter or any of chapters 30 through 35 of 

17 this title or chapter 106A or 1606 of title 10 and 

18 for the most recent academic year for which infor19 mation is available, the following: 

20 ‘‘(A) The percentage of students who en21 roll in the first term of a program of education 

22 of the educational institution who on the date 

23 that is 1 year after the date of enrolling are not 

24 enrolled in any program of education at the 

25 educational institution. 


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1 ‘‘(B) The percentage of students enrolled 

2 in a program of education offered by the edu3 cational institution who complete the program 

4 of education within the normal time for comple5 tion of such program and the percentage of stu6 dents enrolled in a program of education of7 fered by the educational institution who com8 plete the program of education within 150 per9 cent of such period, disaggregated by students 

10 who receive and don’t receive assistance for 

11 pursuit of the program of education under this 

12 chapter or any of chapters 30 through 35 of 

13 this title or chapter 106A or 1606 of title 10. 

14 ‘‘(C) The number of degrees and certifi15 cates awarded by the educational institution 

16 and the number of students enrolled in pro17 grams of education at the educational institu18 tion that lead to a degree or a certificate. 

19 ‘‘(D) The number of students enrolled in a 

20 program of education of the educational institu21 tion. 

22 ‘‘(E) The rates of job placement of stu23 dents who complete a program of education of24 fered by the educational institution that pre25 pares students for gainful employment in a recVerDate Mar 15 2010 22:35 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2241.IS S2241

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1 ognized occupation and for other programs if 

2 such rates are available for such other pro3 grams. 

4 ‘‘(F) The mean of the wages the students 

5 described in subparagraph (E) receive from 

6 their first positions of employment obtained 

7 after completing a program of education offered 

8 by the educational institution. 

9 ‘‘(G) A description of the accreditation of 

10 the educational institution, if any, and the 

11 names of any national or regional accrediting 

12 agencies that have accredited the educational 

13 institution. 

14 ‘‘(H) For each program of education of15 fered by the educational institution, the fol16 lowing: 

17 ‘‘(i) The percentage of students who 

18 enroll in the first term of the program of 

19 education who on the date that is 1 year 

20 after the date of enrolling are not enrolled 

21 in any program of education at the edu22 cational institution. 

23 ‘‘(ii) The percentage of students en24 rolled in the program of education who 

25 complete the program of education within 


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1 the normal time for completion of such 

2 program and the percentage of students 

3 enrolled in the program of education who 

4 complete the program of education within 

5 150 percent of such period, disaggregated 

6 by students who receive and don’t receive 

7 assistance for pursuit of the program of 

8 education under this chapter or any of 

9 chapters 30 through 35 of this title or 

10 chapter 106A or 1606 of title 10. 

11 ‘‘(iii) The number of degrees or cer12 tificates awarded by the educational insti13 tution to individuals who enrolled in the 

14 program of education. 

15 ‘‘(iv) The number of students enrolled 

16 in the program of education. 

17 ‘‘(v) If the program of education is 

18 designed to prepare a student for a par19 ticular occupation, whether such occupa20 tion generally requires licensing or certifi21 cation in the State in which the edu22 cational institution is located and if so, 

23 whether successfully completing such pro24 gram of education generally qualifies an 

25 individual— 


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1 ‘‘(I) to obtain such licensing or 

2 certification; 

3 ‘‘(II) to take an examination that 

4 is generally required to obtain such li5 censing or certification; or 

6 ‘‘(III) to meet such other pre7 conditions as may be necessary for 

8 employment in such occupation in 

9 such State. 

10 ‘‘(vi) If the program of education is 

11 designed to prepare a student for a par12 ticular occupation that generally requires 

13 licensing or certification in the State in 

14 which the educational institution is located, 

15 the percentage of students who completed 

16 such program of education who obtained 

17 such licensing or certification. 

18 ‘‘(vii) The rates of job placement of 

19 students who complete the program of edu20 cation for programs of education that pre21 pare students for gainful employment in a 

22 recognized occupation and for other pro23 grams if such rates are available for such 

24 other programs. 


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1 ‘‘(viii) The mean of the wages the stu2 dents described in clause (vii) receive from 

3 their first positions of employment ob4 tained after completing the program of 

5 education. 

6 ‘‘(ix) A description of the accredita7 tion of the program of education, if any, 

8 and the names of any national or regional 

9 accrediting agencies that have accredited 

10 the program of education. 

11 ‘‘(I) An explanation of the following: 

12 ‘‘(i) Whether academic credits award13 ed by the educational institution are trans14 ferable to public educational institutions in 

15 the State in which the educational institu16 tion is located. 

17 ‘‘(ii) Any articulation agreements the 

18 educational institution may have with any 

19 other educational institutions. 

20 ‘‘(iii) How the educational institution 

21 may or may not accept academic credit 

22 awarded by another educational institution, 

23 including whether the educational institu24 tion accepts the transfer of academic cred25 its from the following: 


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1 ‘‘(I) The Army/American Council 

2 on Education Registry Transcript 

3 System. 

4 ‘‘(II) The Sailor-Marine Amer5 ican Council on Education Registry 

6 Transcript. 

7 ‘‘(III) The Community College of 

8 the Air Force. 

9 ‘‘(IV) The United States Coast 

10 Guard Institute. 

11 ‘‘(J) The average tuition and fees for all 

12 programs of education at the educational insti13 tution leading to a baccalaureate degree or less14 er degree, license, or certificate and the average 

15 tuition and fees charged by public educational 

16 institutions for similar programs of education, 

17 disaggregated by State. 

18 ‘‘(K) The median amount of debt from 

19 Federal student loans under title IV of the 

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

21 et seq.), and to the degree practicable, private 

22 student loans, held upon completion of a pro23 gram of education by an individual who received 

24 assistance under chapter 30, 32, 33, or 34 of 


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1 this title for pursuit of such program of edu2 cation at the educational institution. 

3 ‘‘(L) The cohort default rate, as defined in 

4 section 435(m) of the Higher Education Act of 

5 1965 (20 U.S.C. 1085(m)), of the educational 

6 institution. 

7 ‘‘(M) With respect to the information re8 ported under subparagraphs (K) and (L), indi9 cators of how the educational institution com10 pares with all public educational institutions of11 fering comparable programs of education. 

12 ‘‘(N) Whether the educational institution is 

13 a public, private nonprofit, or private for-profit 

14 institution. 

15 ‘‘(O) The number of veterans enrolled in 

16 programs of education at the educational insti17 tution who are receiving assistance under this 

18 chapter and chapters 30 through 35 of this title 

19 and chapters 106A and 1606 of title 10 for 

20 pursuit of such programs of education. 

21 ‘‘(P) A description of the benefits and as22 sistance veterans described in subparagraph (K) 

23 may be entitled to under the laws of the State 

24 or States in which the veterans receive instruc25 tion from the educational institution. 


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1 ‘‘(Q) A description of the educational insti2 tution’s participation, if any, in the Yellow Rib3 bon G.I. Education Enhancement Program es4 tablished under section 3317(a) of this title. 

5 ‘‘(R) If the educational institution charges 

6 a lower rate of tuition for students who reside 

7 in the same State as the educational institu8 tion— 

9 ‘‘(i) identification of the requirements 

10 for students to obtain in-State status for 

11 such lower rate of tuition; and 

12 ‘‘(ii) a list of educational institutions 

13 located or incorporated in the same State 

14 as the educational institution that waive 

15 such requirements for veterans.’’. 

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions at the beginning of chapter 36 of such title is 

18 amended by inserting after the item relating to sec19 tion 3697A the following new item: 

‘‘3697B. Publication of information about educational institutions.’’. 

20 (3) EFFECTIVE DATE.—Section 3697B of title 

21 38, United States Code, as added by paragraph (1), 

22 shall take effect on the date that is 180 days after 

23 the date of the enactment of this Act and not later 

24 than such date, the Secretary of Veterans Affairs 


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1 shall begin making information available as de2 scribed in subsection (a) of such section. 

3 (b) TRAINING FOR EMPLOYEES OF DEPARTMENT OF

4 VETERANS AFFAIRS EDUCATION CALL CENTERS.—Not 

5 later than one year after the date of the enactment of this 

6 Act, the Secretary of Veterans Affairs shall ensure that 

7 appropriate employees of each of the education call centers 

8 of the Department of Veterans Affairs receive appropriate 

9 training regarding the information made available under 

10 section 3697B of title 38, United States Code, as added 

11 by subsection (a)(1). 

12 (c) PUBLICATION BY SECRETARY OF DEFENSE.— 

13 (1) IN GENERAL.—The Secretary of Defense 

14 shall, on an ongoing basis, make available to individ15 uals eligible to receive or receiving assistance under 

16 the Military Spouse Career Advancement Account 

17 (MyCAA) program of the Department of Defense 

18 the information described in paragraph (4) in lan19 guage that can be easily understood by such individ20 uals. 

21 (2) COLLECTION OF INFORMATION.— 

22 (A) IN GENERAL.—In order to make the 

23 information described in paragraph (4) avail24 able as required by paragraph (1), the Sec25 retary shall take such actions as may be necVerDate Mar 15 2010 22:35 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2241.IS S2241

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1 essary to obtain such information, including by 

2 requiring educational institutions to provide, as 

3 a condition of participating in such program, 

4 such information as the Secretary considers 

5 necessary to carry out this subsection. 

6 (B) COLLECTION FROM OTHER FEDERAL

7 AGENCIES.—If the Secretary of Defense re8 quires, for purposes of this section, information 

9 that has been reported by an educational insti10 tution to the Secretary of Education, the Sec11 retary of Veterans Affairs, the Secretary of 

12 Labor, or the heads of other Federal agencies 

13 under a provision of law other than under this 

14 subsection, the Secretary of Defense shall ob15 tain such information from such Secretary or 

16 head rather than the educational institution. 

17 (C) PRIVACY.—Making information avail18 able under paragraph (1) shall not be required 

19 in a case in which the number of students in a 

20 category is insufficient to yield statistically reli21 able information or the results would reveal 

22 personally identifiable information about an in23 dividual student. 

24 (3) PARTNERSHIP WITH SECRETARY OF EDU25 CATION.—The Secretary of Defense shall carry out 


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1 paragraphs (1) and (2) in consultation and coopera2 tion with the Secretary of Education. 

3 (4) INFORMATION.—The information described 

4 in this paragraph is as follows: 

5 (A) An explanation of the different types 

6 of accreditation available to educational institu7 tions and programs of education. 

8 (B) A general overview of Federal student 

9 aid programs and the implications of incurring 

10 student loan debt. 

11 (C) For each educational institution at 

12 which an individual is enrolled in a program of 

13 education and receives assistance under the 

14 Military Spouse Career Advancement Account 

15 (MyCAA) program of the Department of De16 fense for pursuit of such program of education, 

17 the following: 

18 (i) The percentage of students who 

19 enroll in the first term of a program of 

20 education of the educational institution 

21 who on the date that is 1 year after the 

22 date of enrolling are not enrolled in any 

23 program of education at the educational 

24 institution. 


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1 (ii) The percentage of students who 

2 transfer from one program of education of3 fered by the educational institution to an4 other program of education offered by the 

5 educational institution. 

6 (iii) The rates of job placement of stu7 dents who complete a program of edu8 cation offered by the educational institu9 tion that prepares students for gainful em10 ployment in a recognized occupation and 

11 for other programs if such rates are avail12 able for such other programs. 

13 (iv) The mean of the wages the stu14 dents described in clause (iii) receive from 

15 their first positions of employment ob16 tained after completing a program of edu17 cation offered by the educational institu18 tion. 

19 (v) A description of the accreditation 

20 of the educational institution, if any, and 

21 the names of any national or regional ac22 crediting agencies that have accredited the 

23 educational institution. 


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1 (vi) For each program of education 

2 offered by the educational institution, the 

3 following: 

4 (I) If the program of education is 

5 designed to prepare a student for a 

6 particular occupation, whether such 

7 occupation generally requires licensing 

8 or certification in the State in which 

9 the educational institution is located 

10 and if so, whether successfully com11 pleting such program of education 

12 generally qualifies an individual— 

13 (aa) to obtain such licensing 

14 or certification; 

15 (bb) to take an examination 

16 that is generally required to ob17 tain such licensing or certifi18 cation; or 

19 (cc) to meet such other pre20 conditions as may be necessary 

21 for employment in such occupa22 tion in such State. 

23 (II) If the program of education 

24 is designed to prepare a student for a 

25 particular occupation that generally 


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1 requires licensing or certification in 

2 the State in which the educational in3 stitution is located, the percentage of 

4 students who completed such program 

5 of education who obtained such licens6 ing or certification. 

7 (III) The rates of job placement 

8 of students who complete the program 

9 of education for programs of edu10 cation that prepares students for 

11 gainful employment in a recognized 

12 occupation and for other programs if 

13 such rates are available for such other 

14 programs. 

15 (IV) The mean of the wages the 

16 students described in subclause (III) 

17 receive from their first positions of 

18 employment obtained after completing 

19 the program of education. 

20 (vii) An explanation of the following: 

21 (I) Whether academic credits 

22 awarded by the educational institution 

23 are transferable to public educational 

24 institutions in the State in which the 

25 educational institution is located. 


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1 (II) Any articulation agreements 

2 the educational institution may have 

3 with any other educational institu4 tions. 

5 (III) How the educational institu6 tion may or may not accept academic 

7 credit awarded by another educational 

8 institution. 

9 (viii) Whether the educational institu10 tion is a public, private nonprofit, or pri11 vate for-profit institution. 

12 (ix) If the educational institution is 

13 accredited, whether the educational institu14 tion has received disciplinary complaints 

15 from the accrediting agency that awarded 

16 such accreditation and the adjudication 

17 status of such complaints. 

18 SEC. 3. ADDITIONAL REQUIREMENTS OF EDUCATIONAL IN19 STITUTIONS FOR SUPPORT OF VETERANS 

20 AND MEMBERS OF THE ARMED FORCES. 

21 (a) ADDITIONAL REQUIREMENTS UNDER TITLE

22 38.— 

23 (1) IN GENERAL.—Subchapter I of chapter 36 

24 of title 38, United States Code, is amended by add25 ing at the end the following new section: 


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1 ‘‘§ 3679A. Additional requirements 

2 ‘‘(a) AFFIRMATIVE REQUIREMENTS.—A course of 

3 education of an educational institution may not be ap4 proved under this chapter unless the educational institu5 tion carries out the following: 

6 ‘‘(1) Compiling and disclosing to the Secretary 

7 such information as the Secretary may require to 

8 carry out section 3697B of this title to the extent 

9 that such information is available to the educational 

10 institution. 

11 ‘‘(2) If more than 10 veterans or members of 

12 the Armed Forces are enrolled in a course of edu13 cation at the educational institution, ensuring that 

14 at least one full-time equivalent employee of the edu15 cational institution is knowledgeable about benefits 

16 and assistance available to veterans and members of 

17 the Armed Forces under laws administered by the 

18 Secretary of Veterans Affairs and the Secretary of 

19 Defense. 

20 ‘‘(3) Ensuring that appropriate employees of 

21 the educational institution are trained and qualified 

22 to handle assistance provided under this chapter, 

23 chapters 30 through 35 of this title, and chapters 

24 106A and 1606 of title 10. 

25 ‘‘(4) If more than 10 veterans or members of 

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1 cation at the educational institution, providing aca2 demic advising and support services to veterans, in3 cluding remediation, tutoring, career and placement 

4 counseling services, and referrals to centers for read5 justment counseling and related mental health serv6 ices for veterans under section 1712A of this title 

7 (known as ‘vet centers’). 

8 ‘‘(5) Offering training for members of the fac9 ulty of the educational institution on matters that 

10 are relevant to veterans and members of the Armed 

11 Forces who are enrolled in courses of education at 

12 the educational institution. 

13 ‘‘(6) Agreeing to abide by the policies developed 

14 under section 3696(b) of this title. 

15 ‘‘(7) Establishing a point of contact for vet16 erans enrolled in courses of education at the edu17 cational institution who can— 

18 ‘‘(A) assist such veterans in adjusting to 

19 student life at the educational institution; or 

20 ‘‘(B) provide referrals to groups or organi21 zations that provide such assistance. 

22 ‘‘(b) PROHIBITIONS.—A course of education of an 

23 educational institution may not be approved under this 

24 chapter if the educational institution— 


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1 ‘‘(1) requires a student enrolled in the course of 

2 education to waive the student’s right to legal re3 course under any otherwise applicable provision of 

4 Federal or State law; or 

5 ‘‘(2) requires a student enrolled in the course of 

6 education to submit to arbitration or imposes oner7 ous legal notice provisions in the case of a dispute 

8 with the educational institution.’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of chapter 36 of such title is 

11 amended by inserting after the item relating to sec12 tion 3679 the following new item: 

‘‘3679A. Additional requirements.’’. 

13 (3) CONFORMING AMENDMENT.—Section 

14 3672(b)(2)(A) of such title is amended by striking 

15 ‘‘and 3696’’ and inserting ‘‘3696, and 3697B’’. 

16 (4) EFFECTIVE DATE.—Section 3679A of such 

17 title, as added by paragraph (1), shall take effect on 

18 the date that is 180 days after the date of the enact19 ment of this Act. 

20 (b) MEMORANDUMS OF UNDERSTANDING BETWEEN

21 DEPARTMENT OF DEFENSE AND EDUCATIONAL INSTITU22 TIONS.— 

23 (1) IN GENERAL.—Chapter 106A of title 10, 

24 United States Code, is amended by adding at the 

25 end the following new section: 


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1 ‘‘§ 2149A. Memorandums of understanding with edu2 cational institutions 

3 ‘‘(a) IN GENERAL.—The Secretary shall seek to enter 

4 into a memorandum of understanding, not later than one 

5 year after the date of the enactment of the GI Bill Con6 sumer Awareness Act of 2012, with each educational insti7 tution at which an individual is enrolled in a program of 

8 education for which the individual receives assistance 

9 under this chapter. 

10 ‘‘(b) ELEMENTS.—Each memorandum of under11 standing entered into under subsection (a) shall require 

12 the educational institution with which the Secretary enters 

13 into the understanding to carry out paragraphs (2) 

14 through (7) of section 3679A(a) of title 38. 

15 ‘‘(c) BAN ON RECRUITING ON MILITARY INSTALLA16 TIONS.—No individual who represents an educational in17 stitution described in subsection (a) may enter a military 

18 facility of the United States for purposes of recruiting stu19 dents for the educational institution if the educational in20 stitution has not entered into a memorandum of under21 standing with the Secretary under such subsection.’’. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of chapter 106A of such title 

24 is amended by adding at the end the following new 

25 item: 

‘‘2149A. Memorandums of understanding with educational institutions.’’. 


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1 SEC. 4. PROTECTIONS FOR VETERANS AND MEMBERS OF 

2 THE ARMED FORCES ATTENDING EDU3 CATIONAL INSTITUTIONS. 

4 (a) POLICIES TO CURB AGGRESSIVE RECRUITING.— 

5 Section 3696 of title 38, United States Code, is amend6 ed— 

7 (1) in subsection (a)— 

8 (A) by inserting ‘‘, including utilizing 

9 third-party lead generators that gather names 

10 of prospective students through the use decep11 tive or misleading acts or practices’’ before the 

12 period at the end; and 

13 (B) by inserting ‘‘(1)’’ before ‘‘The Sec14 retary’’; 

15 (2) by redesignating subsections (b) and (c) as 

16 paragraphs (2) and (3), respectively; 

17 (3) in paragraph (3), as redesignated by para18 graph (2), by striking ‘‘under subsection (a)’’ each 

19 place it appears and inserting ‘‘under paragraph 

20 (1)’’; 

21 (4) by striking ‘‘this section’’ each place it ap22 pears and inserting ‘‘this subsection’’; and 

23 (5) by adding at the end the following new sub24 section (b): 

25 ‘‘(b) Not later than 90 days after the date of the en26 actment of the GI Bill Consumer Awareness Act of 2012, 


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1 the Secretary of Veterans Affairs and the Secretary of De2 fense shall jointly develop policies to curb aggressive re3 cruiting of veterans and members of the Armed Forces 

4 by educational institutions.’’. 

5 (b) PROHIBITION ON INDUCEMENTS.—Such section 

6 is further amended by adding at the end the following new 

7 subsection: 

8 ‘‘(c) The Secretary shall not approve a course offered 

9 by an educational institution if the educational institution 

10 uses inducements or provides any gratuity, favor, dis11 count, entertainment, hospitality loan, transportation, 

12 lodging, meals, or other item having a monetary value of 

13 more than a de minimis amount to any individual or entity 

14 (other than salaries paid to employees or fees paid to con15 tractors in conformity with all applicable provisions of law) 

16 for the purpose of securing enrollments.’’. 

17 (c) WORKING GROUP.— 

18 (1) IN GENERAL.—Chapter 36 of such title is 

19 amended by inserting after section 3692 the fol20 lowing new section: 

21 ‘‘§ 3692A. Working group 

22 ‘‘(a) ESTABLISHMENT.—Not later than 60 days after 

23 the date of the enactment of the GI Bill Consumer Aware24 ness Act of 2012, the Secretary of Veterans Affairs and 


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1 the Secretary of Defense shall jointly, in consultation with 

2 the Secretary of Education, establish a working group— 

3 ‘‘(1) to coordinate consumer protection efforts 

4 of the Department of Veterans Affairs and the De5 partment of Defense with respect to educational as6 sistance provided under this chapter, chapters 30 

7 through 35 of this title, and chapters 106A and 

8 1606 of title 10; and 

9 ‘‘(2) to develop policies related to postsecondary 

10 education marketing and recruitment of veterans 

11 and members of the Armed Forces. 

12 ‘‘(b) DUTIES.—In coordinating efforts and devel13 oping policies under subsection (a), the working group 

14 shall— 

15 ‘‘(1) survey veterans and members of the 

16 Armed Forces who have received educational assist17 ance described in subsection (a)(1) to obtain feed18 back on the educational assistance received and on 

19 the program of education for which such assistance 

20 was received; 

21 ‘‘(2) review marketing and recruitment prac22 tices carried out by educational institutions to deter23 mine whether the advertising practices of such insti24 tutions might be detrimental to veterans and mem25 bers of the Armed Forces, including a review of 


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1 Internet websites used for marketing and advertising 

2 campaigns targeted towards veterans and members 

3 of the Armed Forces; and 

4 ‘‘(3) monitor the overall postsecondary edu5 cation market for developments that affect veterans 

6 and members of the Armed Forces. 

7 ‘‘(c) CONSULTATION.—In carrying out its duties 

8 under this section, the working group shall consult with 

9 appropriate Federal agencies (including the Department 

10 of Education and the Consumer Federal Protection Bu11 reau), consumer protection groups, veterans service orga12 nizations, military service organizations, representatives of 

13 educational institutions, and representatives of such other 

14 groups or organizations as the Secretaries consider appro15 priate. 

16 ‘‘(d) EXEMPTION FROM FACA.—The Federal Advi17 sory Committee Act (5 U.S.C. App.) shall not apply to 

18 the working group established under subsection (a). 

19 ‘‘(e) VETERANS SERVICE ORGANIZATION DE20 FINED.—In this section, the term ‘veterans service organi21 zation’ means any organization recognized by the Sec22 retary for the representation of veterans under section 

23 5902 of this title.’’. 

24 (2) CLERICAL AMENDMENT.—The table of sec25 tions at the beginning of chapter 36 of such title is 


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1 amended by inserting after the item relating to sec2 tion 3692 the following new item: 

‘‘3692A. Working group.’’. 

3 (3) REPORT.—Not later than 180 days after 

4 the date of the enactment of this Act, the working 

5 group established under section 3692A of such title, 

6 as added by paragraph (1), shall submit to Congress 

7 a report on the activities of the working group under 

8 such section, including the following: 

9 (A) The findings of the working group. 

10 (B) The actions taken by the working 

11 group. 

12 (C) The policies developed by the working 

13 group. 

14 (D) Recommendations for such legislative 

15 and regulatory action as may be necessary to 

16 coordinate as described in paragraph (1) of sec17 tion 3692A(a) of such title and develop policies 

18 as described in paragraph (2) of such section. 

19 (d) POLICIES ON CONFLICTS OF INTEREST BE20 TWEEN EMPLOYEES OF DEPARTMENT OF VETERANS AF21 FAIRS, DEPARTMENT OF DEFENSE, AND EDUCATIONAL

22 INSTITUTIONS.—Section 3683 of such title is amended by 

23 adding at the end the following new subsection: 

24 ‘‘(e) The Secretary of Veterans Affairs and the Sec25 retary of Defense shall develop policies for employees of 


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1 the Department of Veterans Affairs and the Department 

2 of Defense, respectively, regarding conflicts of interest be3 tween employees of such departments and educational in4 stitutions.’’. 

5 SEC. 5. ASSESSMENT OF QUALITY AND DELIVERY OF CA6 REER INFORMATION AND COUNSELING TO 

7 MEMBERS OF ARMED FORCES AND VET8 ERANS. 

9 (a) IN GENERAL.—Not later than 180 days after the 

10 date of the enactment of this Act, the Secretary of Defense 

11 and the Secretary of Veterans Affairs shall, in collabora12 tion with the Secretary of Labor and the Secretary of 

13 Education, assess the quality and delivery of career infor14 mation and counseling provided to members of the Armed 

15 Forces and veterans enrolled in (or planning to enroll in) 

16 programs of education with assistance under chapter 

17 106A or 1606 of title 10, United States Code, or any of 

18 chapters 30 through 36 of title 38, United States Code. 

19 Such assessment shall address, at minimum, the following: 

20 (1) Whether such information and counseling is 

21 relevant to the labor markets in which such mem22 bers or veterans plan to relocate, if applicable. 

23 (2) Whether such information and counseling 

24 identifies careers that are available in in-demand oc25 cupations and industries in such labor markets. 


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1 (3) Whether such information and counseling 

2 identifies the education and credentials required for 

3 such careers. 

4 (4) Whether assessments provided to such 

5 members and veterans as part of such counseling of 

6 the skills and credentials of such members and vet7 erans match such skills and credentials with the 

8 skills and credentials required for jobs in the civilian 

9 workforce. 

10 (5) Whether the assessments described in para11 graph (4) identify the additional skills or credentials 

12 members and veterans described in such paragraph 

13 may need for employment in jobs in the civilian 

14 workforce. 

15 (6) Whether such information identifies the 

16 education and training programs that provide the 

17 skills necessary for such careers in such labor mar18 kets. 

19 (7) Whether such information is provided in a 

20 timely manner. 

21 (b) COLLABORATION WITH THE ONE-STOP DELIV22 ERY SYSTEM AND TRANSITION ASSISTANCE PROGRAMS.— 

23 In carrying out subsection (a), the Secretary of Defense 

24 and the Secretary of Veterans Affairs shall, in collabora25 tion with the Secretary of Labor, determine how programs 


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1 that provide education and career counseling services to 

2 members of the Armed Forces and veterans under laws 

3 administered by the Secretary of Defense and the Sec4 retary of Veterans Affairs should— 

5 (1) collaborate and improve information sharing 

6 with one-stop delivery systems established under sec7 tion 134(c) of the Workforce Investment Act of 

8 1998 (29 U.S.C. 2864(c)), including collaboration 

9 through electronic means, to provide the information 

10 described in subsection (a) to the members of the 

11 Armed Forces before such members transition from 

12 service in the Armed Forces to civilian life; and 

13 (2) coordinate with— 

14 (A) each other; 

15 (B) the Transition Assistance Program 

16 (TAP) of the Department of Defense; 

17 (C) the services provided under sections 

18 1142, 1143, and 1144 of title 10, United States 

19 Code; 

20 (D) the programs established under section 

21 235(b) of the VOW to Hire Heroes Act of 2011 

22 (Public Law 112–56; 38 U.S.C. 4214 note); 

23 and 


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1 (E) the demonstration project established 

2 under section 4114 of title 38, United States 

3 Code. 

4 (c) REPORT.— 

5 (1) IN GENERAL.—Not later than 180 days 

6 after the date of the enactment of this Act, the Sec7 retary of Defense and the Secretary of Veterans Af8 fairs shall submit to the appropriate committees of 

9 Congress a report on the assessment completed 

10 under subsection (a), including recommendations for 

11 such legislative, regulatory, and administrative ac12 tion as the Secretaries consider necessary to improve 

13 the provision of career information relevant to pro14 grams of education pursued by members of the 

15 Armed Forces and veterans to such members and 

16 veterans. 

17 (2) APPROPRIATE COMMITTEES OF CON18 GRESS.—In this subsection, the term ‘‘appropriate 

19 committees of Congress’’ means— 

20 (A) the Committee on Armed Services, the 

21 Committee on Veterans’ Affairs, and the Com22 mittee on Health, Education, Labor, and Pen23 sions of the Senate; and 

24 (B) the Committee on Armed Services, the 

25 Committee on Veterans’ Affairs, and the ComVerDate Mar 15 2010 22:35 Mar 28, 2012 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S2241.IS S2241

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1 mittee on Education and the Workforce of the 

2 House of Representatives. 

3 SEC. 6. EXPANSION OF ELIGIBILITY FOR EDUCATIONAL 

4 AND VOCATIONAL COUNSELING. 

5 Section 3697A(b) of title 38, United States Code, is 

6 amended— 

7 (1) by striking paragraphs (2) and (3); 

8 (2) in paragraph (1), by adding ‘‘or’’ at the 

9 end; and 

10 (3) by adding at the end the following new 

11 paragraph (2): 

12 ‘‘(2) is serving on active duty in any State with 

13 the Armed Forces and has served in the Armed 

14 Forces on active duty for not fewer than 180 days.’’. 

15 SEC. 7. SUBMITTAL OF COMPLAINTS REGARDING PRO16 GRAMS OF EDUCATION AND EDUCATIONAL 

17 ASSISTANCE. 

18 (a) IN GENERAL.—Chapter 36 of title 38, United 

19 States Code, is amended by inserting after section 3693 

20 the following new section: 

21 ‘‘§ 3693A. Complaint process 

22 ‘‘(a) SUBMITTAL OF COMPLAINTS.—The Secretary 

23 shall establish procedures for submittal to the Secretary 

24 of complaints by a students who are pursuing programs 

25 of education with assistance under this chapter, any of 


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1 chapters 30 through 35 of this title, or chapters 106A or 

2 1606 of title 10 regarding such programs of education or 

3 such assistance. 

4 ‘‘(b) DATABASE.—The Secretary shall establish a 

5 database to store complaints submitted under subsection 

6 (a) to enable the Secretary— 

7 ‘‘(1) to improve the provision of assistance 

8 under this chapter and chapters 30 through 35 of 

9 this title; 

10 ‘‘(2) to improve the provision of educational 

11 and vocational counseling under section 3697A of 

12 this title; and 

13 ‘‘(3) to identify problems with the programs of 

14 education or assistance described in subsection (a) 

15 that warrant further investigation by the Sec16 retary.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of chapter 36 of such title is amended 

19 by inserting after the item relating to section 3693 the 

20 following new item: 

‘‘3693A. Complaint process.’’. 


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1 SEC. 8. COLLECTION AND DISSEMINATION OF BEST PRAC2 TICES FOR PROVISION BY EDUCATIONAL IN3 STITUTIONS OF ASSISTANCE TO STUDENTS 

4 WHO ARE VETERANS OR MEMBERS OF THE 

5 ARMED FORCES. 

6 (a) IN GENERAL.—Not later than one year after the 

7 date of the enactment of this Act and two and four years 

8 thereafter, the Secretary of Veterans Affairs shall, in col9 laboration with the Secretary of Education and the Sec10 retary of Defense, collect and disseminate information 

11 about best practices for the provision by educational insti12 tutions of assistance to students who are veterans and stu13 dents who are members of the Armed Forces to help them 

14 successfully enter, persist in, and complete programs of 

15 education. 

16 (b) CONSULTATION WITH VETERANS SERVICE OR17 GANIZATIONS.—In carrying out subsection (a), the Sec18 retary of Veterans Affairs shall consult with veterans serv19 ice organizations and educational institutions. 

20 SEC. 9. REPEAL OF LIMITATION ON PAYMENTS FOR CON21 TRACT EDUCATIONAL AND VOCATIONAL 

22 COUNSELING. 

23 Section 3697 of title 38, United States Code, is 

24 amended— 

25 (1) by striking subsection (b); and 


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1 (2) in subsection (a), by striking ‘‘(a) Subject 

2 to subsection (b) of this section, educational’’ and 

3 inserting ‘‘Educational’’. 

4 SEC. 10. DEDICATED POINTS OF CONTACT FOR SCHOOL 

5 CERTIFYING OFFICIALS. 

6 Section 3684 of title 38, United States Code, is 

7 amended by adding at the end the following new sub8 section: 

9 ‘‘(d) Not later than 90 days after the date of the en10 actment of the GI Bill Consumer Awareness Act of 2012, 

11 the Secretary shall ensure that the Department employs 

12 personnel dedicated to assisting personnel of educational 

13 institutions who are charged with submitting reports or 

14 certifications to the Secretary under this section.’’. 

15 SEC. 11. REPORT ON NUMBER OF RECIPIENTS OF EDU16 CATIONAL ASSISTANCE UNDER LAWS ADMIN17 ISTERED BY SECRETARY OF VETERANS AF18 FAIRS. 

19 (a) IN GENERAL.—Not later than 180 days after the 

20 date of the enactment of this Act, the Secretary of Vet21 erans Affairs shall submit to the Committee on Veterans’ 

22 Affairs of the Senate and the Committee on Veterans’ Af23 fairs of the House of Representatives a report on the re24 ceipt of educational assistance under laws administered by 


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1 the Secretary of Veterans Affairs during the last academic 

2 year ending before the submittal of the report. 

3 (b) ELEMENTS.—The report required by subsection 

4 (a) shall include the following, for the period covered by 

5 the report: 

6 (1) A list of all educational institutions at 

7 which an individual is enrolled in a program of edu8 cation for which the individual receives assistance 

9 under a law administered by the Secretary of Vet10 erans Affairs. 

11 (2) For each educational institution listed 

12 under paragraph (1), the number of individuals who 

13 receive assistance under a law administered by the 

14 Secretary to pursue a program of education at the 

15 educational institution. 

16 (3) For each educational institution listed 

17 under paragraph (1), the total amount of assistance 

18 paid under laws administered by the Secretary to in19 dividuals enrolled in programs of education at the 

20 educational institution for pursuit of such programs 

21 and paid to the educational institution for the edu22 cation of individuals. 


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1 SEC. 12. PERFORMANCE METRICS FOR DEPARTMENT OF 

2 DEFENSE EDUCATION AND WORKFORCE 

3 TRAINING PROGRAMS. 

4 (a) ESTABLISHMENT OF METRICS.—Not later than 

5 180 days after the date of the enactment of this Act, the 

6 Secretary of Defense shall, in consultation with the Sec7 retary of Education and the Secretary of Labor, establish 

8 metrics for tracking the successful completion of education 

9 and workforce training programs carried out under laws 

10 administered by the Secretary of Defense. 

11 (b) REPORT ON METRICS.—Not later than 180 days 

12 after the date of the enactment of this Act, the Secretary 

13 of Defense shall submit to the appropriate committees of 

14 Congress a report on the metrics establish under sub15 section (a), including a description of each such metric. 

16 (c) ANNUAL ASSESSMENT.—Not later than one year 

17 after the date of the enactment of this Act and not less 

18 frequently than once each year thereafter, the Secretary 

19 of Defense shall submit to the appropriate committees of 

20 Congress an assessment of the education and workforce 

21 training programs described in subsection (a) using the 

22 metrics established under such subsection. 

23 (d) APPROPRIATE COMMITTEES OF CONGRESS.—In 

24 this section, the term ‘‘appropriate committees of Con25 gress’’ means— 


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1 (1) the Committee on Armed Services and the 

2 Committee on Appropriations of the Senate; and 

3 (2) the Committee on Armed Services and the 

4 Committee on Appropriations of the House of Rep5 resentatives. 

6 SEC. 13. PRIVACY. 

7 Nothing in this title or any of the amendments made 

8 by this title shall be construed to authorize the Secretary 

9 of Veterans Affairs, the Secretary of Defense, the Sec10 retary of Education, or the Secretary of Labor to release 

11 to the public information about an individual that is other12 wise prohibited by a provision of law. 

13 SEC. 14. DEFINITIONS. 

14 In this Act: 

15 (1) EDUCATIONAL INSTITUTION AND PROGRAM

16 OF EDUCATION.—The terms ‘‘educational institu17 tion’’ and ‘‘program of education’’ have the mean18 ings given such terms in section 3501 of title 38, 

19 United States Code. 

20 (2) VETERANS SERVICE ORGANIZATION.—The 

21 term ‘‘veterans service organization’’ means any or22 ganization recognized by the Secretary of Veterans 

23 Affairs for the representation of veterans under sec24 tion 5902 of such title. 

Æ 


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