II 

112TH CONGRESS 

2D SESSION S. 2206 

To amend title 38, United States Code, to require the Secretary of Veterans 

Affairs to provide educational counseling to individuals eligible for educational assistance under laws administered by the Secretary before such 

individuals receive such assistance, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 20, 2012 

Mr. LAUTENBERG (for himself, Mr. RUBIO, Mr. BROWN of Massachusetts, Mr. 

MERKLEY, Ms. MIKULSKI, and Mr. HARKIN) introduced the following 

bill; which was read twice and referred to the Committee on Veterans’ 

Affairs 

A BILL 

To amend title 38, United States Code, to require the Secretary of Veterans Affairs to provide educational counseling to individuals eligible for educational assistance 

under laws administered by the Secretary before such 

individuals receive such 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 Educational Free5 dom Act of 2012’’. 


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1 SEC. 2. REQUIREMENT FOR PROVISION OF EDUCATIONAL 

2 COUNSELING TO INDIVIDUALS BEFORE SUCH 

3 INDIVIDUALS RECEIVE EDUCATIONAL AS4 SISTANCE PROVIDED UNDER LAWS ADMINIS5 TERED BY SECRETARY OF VETERANS AF6 FAIRS. 

7 (a) IN GENERAL.—Section 3697A of title 38, United 

8 States Code, is amended— 

9 (1) by redesignating subsections (c) through (e) 

10 as subsections (d) through (f), respectively; and 

11 (2) by inserting after subsection (b) the fol12 lowing new subsection (c): 

13 ‘‘(c)(1) Except as provided in paragraph (2), in the 

14 case of an individual described in subsection (b)(1), the 

15 counseling services described in subsection (a) shall be re16 quired to be provided to the individual before the indi17 vidual receives the educational assistance described in 

18 such subsection. 

19 ‘‘(2) The requirement to provide counseling services 

20 under paragraph (1) shall not apply with respect to an 

21 individual described in such paragraph who communicates 

22 to the Secretary, before receiving educational assistance 

23 described in such paragraph, that the individual declines 

24 the counseling services provided under such paragraph. 

25 ‘‘(3) For each individual to whom the Secretary pro26 vides counseling services under paragraph (1), the SecVerDate Mar 15 2010 00:23 Mar 21, 2012 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2206.IS S2206

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1 retary shall provide to the individual, as part of such serv2 ices and to the degree that information necessary to carry 

3 out this paragraph is available to the Secretary, the fol4 lowing: 

5 ‘‘(A) An explanation of the different types of 

6 accreditation and State certification and licensure 

7 available to educational institutions and programs of 

8 education and a discussion of how such accredita9 tion, certification, and licensure can be important for 

10 meeting preconditions of employment. 

11 ‘‘(B) A discussion of how the various policies of 

12 educational institutions regarding the transfer of 

13 academic credit can affect the individual and what 

14 kinds of issues are commonly encountered by stu15 dents trying to transfer academic credit. 

16 ‘‘(C) An overview of Federal student aid pro17 grams, the implications of incurring student loan 

18 debt, and discussion of how receipt of Federal stu19 dent aid can enable a student to complete a program 

20 of education without incurring significant edu21 cational debt. 

22 ‘‘(D) A comprehensive assessment of the type 

23 and amount of educational assistance available to 

24 the individual under Federal law and under the laws 


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1 of the State in which the individual resides and of 

2 any other State of the individual’s choosing. 

3 ‘‘(E) If the individual has not developed an aca4 demic plan, a discussion about the importance of de5 veloping an academic plan. 

6 ‘‘(F) A comprehensive list of educational insti7 tutions located in the State in which the individual 

8 resides and in any other State of the individual’s 

9 choosing. 

10 ‘‘(G) For each educational institution listed 

11 under subparagraph (F), the following information, 

12 if available, in a format that allows for easy com13 parison of educational institutions: 

14 ‘‘(i) Whether financial assistance is avail15 able to a student enrolled in a program of edu16 cation at the educational institution under title 

17 IV of the Higher Education Act of 1965 (20 

18 U.S.C. 1070 et seq.). 

19 ‘‘(ii) The number of veterans enrolled in a 

20 program of education at the educational institu21 tion who received educational assistance under 

22 a law administered by the Secretary in the most 

23 recently completed academic year. 

24 ‘‘(iii) A list of— 


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1 ‘‘(I) academic and student support 

2 services provided by the educational insti3 tution to students enrolled in programs of 

4 education at the educational institution, in5 cluding job placement and career coun6 seling services; and 

7 ‘‘(II) special services or benefits cur8 rently provided by the educational institu9 tion that address the unique needs of vet10 erans. 

11 ‘‘(iv) With respect to the three-year period 

12 ending at the end of the most recently com13 pleted academic year, the median amount of 

14 student loan debt held upon completion of a 

15 program of education at the educational institu16 tion by veterans described in clause (ii). 

17 ‘‘(v) The cohort default rate, as defined in 

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

19 1965 (20 U.S.C. 1085(m)), of the educational 

20 institution. 

21 ‘‘(vi) With respect to the three-year period 

22 ending at the end of the most recently com23 pleted academic year— 

24 ‘‘(I) the average number of veterans 

25 who received a degree from the educational 


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1 institution for completing a program of 

2 education; 

3 ‘‘(II) the average number of people 

4 who received a degree from the educational 

5 institution for completing a program of 

6 education; 

7 ‘‘(III) the average number of veterans 

8 enrolled in programs of education at the 

9 educational institution; and 

10 ‘‘(IV) the average number of people 

11 enrolled in programs of education at the 

12 educational institution. 

13 ‘‘(vii) In the case of an educational institu14 tion that offers a program of education de15 signed to prepare people for a State licensure 

16 exam, the percentage of such students who take 

17 and pass such exam. 

18 ‘‘(viii) For each program of education at 

19 the educational institution, the average amount 

20 of tuition and fees the educational institution 

21 charges a student for completing the program 

22 of education within normal time (as defined in 

23 section 668.41(a) of title 34, Code of Federal 

24 Regulations (or any corresponding similar regu25 lation or ruling)), the typical costs for books 


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1 and supplies (unless those costs are included as 

2 part of tuition and fees), and the cost of room 

3 and board, if applicable, and a calculation of 

4 how much of such costs can be covered by edu5 cational assistance available to the individual 

6 under laws administered by the Secretary. 

7 ‘‘(ix) A description of the status of the ac8 creditation of the educational institution and 

9 each program of education offered by the edu10 cational institution and a discussion of the sig11 nificance of such status. 

12 ‘‘(x) The median, for all veterans described 

13 in subsection (b)(1) who complete a program of 

14 education at the education institution that is an 

15 eligible program of training to prepare students 

16 for gainful employment in a recognized occupa17 tion (as described in section 102(b)(1)(A)(i) of 

18 the Higher Education Act of 1965 (20 U.S.C. 

19 1002(b)(1)(A)(i))), of the duration of each pe20 riod beginning on the date on which a veteran 

21 completes a program of education at the edu22 cational institution and the date on which the 

23 veteran first obtains employment after com24 pleting such program. 


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1 ‘‘(xi) The median, for all people who com2 plete a program of education at the education 

3 institution that is an eligible program of train4 ing to prepare students for gainful employment 

5 in a recognized occupation (as described in sec6 tion 102(b)(1)(A)(i) of the Higher Education 

7 Act of 1965 (20 U.S.C. 1002(b)(1)(A)(i))), of 

8 the duration of each period beginning on the 

9 date on which a person completes a program of 

10 education at the educational institution and the 

11 date on which the person first obtains employ12 ment after completing such program. 

13 ‘‘(xii) The percentages of veterans and the 

14 percentages of people enrolled in programs of 

15 education at the educational institution who ob16 tain a degree or certificate within— 

17 ‘‘(I) the normal time for completion 

18 of, or graduate from, the veteran’s or per19 son’s program, as the case may be; 

20 ‘‘(II) 150 percent of the normal time 

21 for completion of, or graduation from, the 

22 veteran’s or person’s program, as the case 

23 may be; and 

24 ‘‘(III) 200 percent of the normal time 

25 for completion of, or graduation from, the 


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1 veteran’s or person’s program, as the case 

2 may be. 

3 ‘‘(xiii) The number of students enrolled in 

4 a program of education at the educational insti5 tution and the number of such students who 

6 submit a complaint to the Secretary under sec7 tion 3693A(a) of this title. 

8 ‘‘(xiv) Whether the educational institution 

9 has been reported by a Federal or State agency 

10 or a nationally or regionally recognized accred11 iting agency or association as failing to comply 

12 with, or has a significant risk of failing to com13 ply with, a provision of title IV of the Higher 

14 Education Act of 1965 (20 U.S.C. 1070 et 

15 seq.). 

16 ‘‘(xv) A description of the topics or sub17 jects of the most numerous complaints filed 

18 during the most recent three-year period under 

19 section 3693A of this title with respect to the 

20 educational institution. 

21 ‘‘(xvi) With respect to each of clauses (i) 

22 through (xiv), how the educational institution 

23 compares with other educational institutions as 

24 follows: 


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1 ‘‘(I) If the educational institution is a 

2 four-year educational institution, how the 

3 educational institution compares with the 

4 average of all four-year educational institu5 tions. 

6 ‘‘(II) If the educational institution is 

7 a two-year educational institution, how the 

8 educational institution compares with the 

9 average of all two-year educational institu10 tions. 

11 ‘‘(III) If the educational institution is 

12 a less than two-year educational institu13 tion, how the educational institution com14 pares with the average of all less than two15 year educational institutions. 

16 ‘‘(xvii) Such other information as the Sec17 retary considers appropriate to assist the indi18 vidual in selecting an educational institution or 

19 training establishment as described in sub20 section (a)(1). 

21 ‘‘(4) The Secretary may obtain such information as 

22 the Secretary requires to carry paragraph (3) from the 

23 Secretary of Education, the Secretary of Defense, and the 

24 heads of such other Federal agencies as the Secretary con25 siders appropriate. 


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1 ‘‘(5) The Secretary shall make available to the public 

2 on an Internet website such information provided under 

3 paragraph (3) as the Secretary considers appropriate. 

4 ‘‘(6) Making information available under paragraphs 

5 (3) and (5) shall not be required in a case in which the 

6 number of students in a category is insufficient to yield 

7 statistically reliable information or the results would reveal 

8 personally identifiable information about a student.’’. 

9 (b) EFFECTIVE DATE.—Subsection (a) shall take ef10 fect on the date that is one year after the date of the en11 actment of this Act and subsection (c) of section 3697A 

12 of such title, as added by such subsection, shall apply with 

13 respect to individuals who apply for educational assistance 

14 described in subsection (b)(1) of such section on or after 

15 such date. 

16 SEC. 3. REPEAL OF LIMITATION ON PAYMENTS FOR CON17 TRACT EDUCATIONAL AND VOCATIONAL 

18 COUNSELING PROVIDED BY SECRETARY OF 

19 VETERANS AFFAIRS. 

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

21 amended— 

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

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

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

25 inserting ‘‘Educational’’. 


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1 SEC. 4. VETERANS’ EDUCATION CONSUMER COMPLAINT 

2 TRACKING SYSTEM. 

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

4 States Code, is amended by inserting after section 3693 

5 the following new section: 

6 ‘‘§ 3693A. Complaint tracking system 

7 ‘‘(a) ESTABLISHMENT.—Not later than 180 days 

8 after the date of the enactment of this section, the Sec9 retary shall establish a system to collect, process, and 

10 track complaints submitted to the Secretary by individuals 

11 who are enrolled in programs of education at educational 

12 institutions to report instances of fraud, waste, and abuse 

13 by such institutions with respect to the benefits and serv14 ices provided by such institutions to such individuals. 

15 ‘‘(b) REQUIREMENTS.—This system established 

16 under subsection (a) shall meet the following require17 ments: 

18 ‘‘(1) The system shall create an individual case 

19 number for each complaint processed and tracked in 

20 the system. 

21 ‘‘(2) The system shall allow for the reporting of 

22 complaints, disaggregated by educational institution. 

23 ‘‘(3) The system shall allow for the reporting of 

24 complaints, disaggregated by topic or subject matter. 

25 ‘‘(4) The system shall allow for the submittal of 

26 complaints by— 


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1 ‘‘(A) Internet website; and 

2 ‘‘(B) telephone via a toll-free number that 

3 is available every day at all hours. 

4 ‘‘(5) The system shall allow for the sharing of 

5 complaints with the following: 

6 ‘‘(A) The educational institutions that are 

7 the subjects of the complaints. 

8 ‘‘(B) The Secretary of Education. 

9 ‘‘(C) The Secretary of Defense. 

10 ‘‘(D) State approving agencies. 

11 ‘‘(E) Nationally or regionally recognized 

12 accrediting agencies and associations. 

13 ‘‘(F) Such other Federal agencies as the 

14 Secretary of Veterans Affairs considers appro15 priate. 

16 ‘‘(c) OUTREACH.—The Secretary shall conduct such 

17 outreach as may be necessary to inform individuals de18 scribed in subsection (a) of the system and process estab19 lished under such subsection. 

20 ‘‘(d) CONSIDERATION BY STATE APPROVING AGEN21 CIES.—Whenever a State approving agency considers 

22 whether to approve a course of education of an educational 

23 institution under this chapter, the State approving agency 

24 shall review and take into consideration the complaints 


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1 processed and tracked by the system established under 

2 subsection (a) regarding the educational institution. 

3 ‘‘(e) PRIVACY.—(1) Whenever a complaint is shared 

4 under subsection (b)(5), the complaint shall be 

5 anonymized, unless the complainant gives permission to 

6 the Secretary to share the complainant’s identity. 

7 ‘‘(2) The Secretary may not share a complaint under 

8 subsection (b)(5) with an educational institution if the 

9 complainant requests that such complaint not be shared 

10 with an educational institution.’’. 

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

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

13 by inserting after the item relating to section 3693 the 

14 following new item: 

‘‘3693A. Complaint tracking system.’’. 

Æ 


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