IB 

Union Calendar No. 563 

114TH CONGRESS 

2D SESSION H. R. 5178 

[Report No. 114–727] 

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

Affairs to provide educational and vocational counseling for veterans 

on campuses of institutions of higher learning, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 10, 2016 

Mr. WENSTRUP (for himself, Mr. TAKANO, and Miss RICE of New York) introduced the following bill; which was referred to the Committee on Veterans’ Affairs 

SEPTEMBER 7, 2016 

Additional sponsor: Mrs. RADEWAGEN

SEPTEMBER 7, 2016 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 10, 2016] 


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A BILL 

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to provide educational and 

vocational counseling for veterans on campuses of institutions of higher learning, and for other purposes. 


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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 ‘‘Veterans Success on 

5 Campus Act of 2016’’. 

6 SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PROVISION 

7 OF ON-CAMPUS EDUCATIONAL AND VOCA8 TIONAL COUNSELING FOR VETERANS. 

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

10 States Code, is amended by inserting after section 3697A 

11 the following new section: 

12 ‘‘§ 3697B. On-campus educational and vocational 

13 counseling 

14 ‘‘(a) IN GENERAL.—The Secretary shall provide edu15 cational and vocational counseling services for veterans at 

16 locations on the campuses of institutions of higher learning 

17 selected by the Secretary. Such counseling services shall be 

18 provided by employees of the Department who provide such 

19 services under section 3697A of this title. 

20 ‘‘(b) SELECTION OF LOCATIONS.—(1) To be selected by 

21 the Secretary under this section, an institution of higher 

22 learning shall provide an appropriate space on the campus 

23 of the institution where counseling services can be provided 

24 under this section. 


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1 ‘‘(2) In selecting locations for the provision of coun2 seling services under this section, the Secretary shall seek 

3 to select locations where the maximum number of veterans 

4 would have access to such services. 

5 ‘‘(c) ANNUAL REPORT.—Not later than 180 days after 

6 the date of the enactment of this section, and each year 

7 thereafter, the Secretary shall submit to Congress a report 

8 on the counseling services provided under this section. Such 

9 report shall include, for the year covered by the report— 

10 ‘‘(1) the average ratio of counselors providing 

11 such services to veterans who received such services at 

12 each location where such services were provided; 

13 ‘‘(2) a description of such services provided; 

14 ‘‘(3) the recommendations of the Secretary for 

15 improving the provision of such services; and 

16 ‘‘(4) any other matters the Secretary determines 

17 appropriate.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections at 

19 the beginning of such chapter is amended by inserting after 

20 the item relating to section 3697A the following new item: 

‘‘3697B. On-campus educational and vocational counseling.’’. 


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1 SEC. 3. CHARGE TO ENTITLEMENT FOR CERTAIN LICEN2 SURE AND CERTIFICATION TESTS AND NA3 TIONAL TESTS UNDER DEPARTMENT OF VET4 ERANS AFFAIRS POST-9/11 EDUCATIONAL AS5 SISTANCE PROGRAM. 

6 (a) LICENSURE AND CERTIFICATION TESTS.—Section 

7 3315(c) of title 38, United States Code, is amended by strik8 ing ‘‘shall be determined’’ and all that follows and inserting 

9 ‘‘shall be pro-rated based on the actual amount of the fee 

10 charged for the test.’’. 

11 (b) NATIONAL TESTS.—Section 3315A of such title is 

12 amended— 

13 (1) in subsection (a), by adding at the end the 

14 following new paragraph: 

15 ‘‘(3) A national test that evaluates prior learn16 ing and knowledge and provides an opportunity for 

17 course credit at an institution of higher learning as 

18 so described.’’; and 

19 (2) in subsection (c), by striking ‘‘shall be deter20 mined’’ and all that follows and inserting ‘‘shall be 

21 pro-rated based on the actual amount of the fee 

22 charged for the test.’’. 

23 (c) EFFECTIVE DATE.—The amendments made by this 

24 Act shall apply to a test taken after the date that is 90 

25 days after the date of the enactment of this Act. 


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1 SEC. 4. MODIFICATION OF PERCENTAGE INCREASE IN 

2 RATES PAYABLE UNDER DEPARTMENT OF 

3 VETERANS AFFAIRS EDUCATIONAL ASSIST4 ANCE PROGRAMS. 

5 (a) ALL-VOLUNTEER FORCE.—Section 3015(h)(2) of 

6 title 38, United States Code, is amended— 

7 (1) by striking ‘‘fiscal year 2014’’ and inserting 

8 ‘‘fiscal year 2025’’; and 

9 (2) by striking ‘‘fiscal year 2013’’ and inserting 

10 ‘‘fiscal year 2024’’. 

11 (b) SURVIVORS AND DEPENDENTS.—Section 3564(b) 

12 of such title is amended— 

13 (1) by striking ‘‘fiscal year 2014’’ and inserting 

14 ‘‘fiscal year 2025’’; and 

15 (2) by striking ‘‘fiscal year 2013’’ and inserting 

16 ‘‘fiscal year 2024’’. 

17 SEC. 5. EXTENSION OF AUTHORITY FOR VETERANS’ ADVI18 SORY COMMITTEE ON EDUCATION. 

19 Section 3692(c) of such title is amended by striking 

20 ‘‘December 31, 2016’’ and inserting ‘‘December 31, 2021’’. 

21 SEC. 6. TRAINING FOR SCHOOL CERTIFYING OFFICIALS. 

22 (a) TRAINING REQUIREMENT.—The Secretary of Vet23 erans Affairs shall, in consultation with the State approv24 ing agencies, set forth requirements relating to training for 

25 school certifying officials employed by covered educational 

26 institutions offering courses of education approved under 


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1 chapter 36 of title 38, United States Code. If a covered edu2 cational institution does not ensure that a school certifying 

3 official employed by the educational institution meets such 

4 requirements, the Secretary may disapprove any course of 

5 education offered by such educational institution. 

6 (b) DEFINITIONS.—In this section: 

7 (1) The term ‘‘covered educational institution’’ 

8 means an educational institution that has enrolled 20 

9 or more individuals using educational assistance 

10 under title 38, United States Code. 

11 (2) The term ‘‘school certifying official’’ means 

12 an employee of an educational institution with pri13 mary responsibility for certifying veteran enrollment 

14 at the educational institution. 

15 (3) The term ‘‘State approving agency’’ means a 

16 department or agency of a State designated under sec17 tion 3671 of title 38, United States Code. 

18 SEC. 7. LIMITATION ON USE OF REPORTING FEES PAYABLE 

19 TO EDUCATIONAL INSTITUTIONS AND JOINT 

20 APPRENTICESHIP TRAINING COMMITTEES. 

21 Section 3684(c) of title 38, United States Code, is 

22 amended to read as follows: 

23 ‘‘(c)(1) The Secretary may pay to any educational in24 stitution, or to the sponsor of a program of apprenticeship, 

25 furnishing education or training under either this chapter 


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1 or chapter 31, 34, or 35 of this title, a reporting fee which 

2 will be in lieu of any other compensation or reimbursement 

3 for reports or certifications which such educational institu4 tion or joint apprenticeship training committee is required 

5 to submit to the Secretary by law or regulation. 

6 ‘‘(2) Such reporting fee shall be computed for each cal7 endar year by multiplying $12 by the number of eligible 

8 veterans or eligible persons enrolled under this chapter or 

9 chapter 31, 34, or 35 of this title, or $15 in the case of 

10 those eligible veterans and eligible persons whose edu11 cational assistance checks are directed in care of each insti12 tution for temporary custody and delivery and are delivered 

13 at the time of registration as provided under section 

14 3680(d)(4) of this title, during the calendar year. The re15 porting fee shall be paid to such educational institution or 

16 joint apprenticeship training committee as soon as feasible 

17 after the end of the calendar year for which it is applicable. 

18 ‘‘(3) No reporting fee payable to an educational insti19 tution under this subsection shall be subject to offset by the 

20 Secretary against any liability of such institution for any 

21 overpayment for which such institution may be administra22 tively determined to be liable under section 3685 of this title 

23 unless such liability is not contested by such institution or 

24 has been upheld by a final decree of a court of appropriate 

25 jurisdiction. 


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1 ‘‘(4) Any reporting fee paid to an educational institu2 tion or joint apprenticeship training committee after the 

3 date of the enactment of the Post-9/11 Veterans Educational 

4 Assistance Improvements Act of 2011 (Public Law 111– 

5 377)— 

6 ‘‘(A) shall be utilized by such institution or com7 mittee solely for the making of certifications required 

8 under this chapter or chapter 31, 34, or 35 of this 

9 title or for otherwise supporting programs for vet10 erans; and 

11 ‘‘(B) with respect to an institution that has 75 

12 or more enrollees described in paragraph (2), may not 

13 be used for or merged with amounts available for the 

14 general fund of the educational institution or joint 

15 apprenticeship training committee. 

16 ‘‘(5) The reporting fee payable under this subsection 

17 shall be paid from amounts appropriated for readjustment 

18 benefits.’’. 

19 SEC. 8. DEPARTMENT OF VETERANS AFFAIRS INSPECTOR 

20 GENERAL HEIGHTENED SCRUTINY OF PRO21 GRAMS OF EDUCATION. 

22 (a) IN GENERAL.—Subchapter II of chapter 36 of title 

23 38, United States Code, is amended by adding at the end 

24 the following new section: 


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1 ‘‘§ 3699. Inspector General heightened scrutiny of pro2 grams of education 

3 ‘‘(a) HEIGHTENED SCRUTINY REQUIRED.—The In4 spector General of the Department shall apply heightened 

5 scrutiny to any program of education if any Federal or 

6 State agency has made a final judgment or settlement that 

7 the program of education used deceptive or misleading 

8 practices that are potentially in violation of section 3696 

9 of this title. 

10 ‘‘(b) NOTICE TO STUDENTS.—(1) Upon commencement 

11 of heightened scrutiny with respect to a program of edu12 cation under this section, the Secretary shall provide notice 

13 of the heightened scrutiny and the reasons for such height14 ened scrutiny to any individual who— 

15 ‘‘(A) is enrolled in a course of education ap16 proved under this chapter provided by the program of 

17 education; and 

18 ‘‘(B) is entitled to educational assistance under 

19 the laws administered by the Secretary. 

20 ‘‘(2) The Secretary shall provide to any individual 

21 who receives notice under this subsection advice that the in22 dividual— 

23 ‘‘(A) request a copy of the individual’s tran24 script; and 


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1 ‘‘(B) seek counseling from an appropriate advi2 sor about transferring any credits earned at the pro3 gram of education. 

4 ‘‘(c) MONITORING OF ALLEGATIONS.—The Secretary 

5 shall monitor allegations of deceptive and misleading prac6 tices made against programs of education offering courses 

7 of education approved for purposes of this chapter, includ8 ing Federal and State investigations. The Secretary shall 

9 include information about any such allegation on the GI 

10 Bill Comparison Tool, or any similar Internet website of 

11 the Department.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections at 

13 the beginning of such chapter is amended by adding at the 

14 end of the items relating to subchapter II the following new 

15 item: 

‘‘3699. Inspector General heightened scrutiny of programs of education.’’. 

16 SEC. 9. DEPARTMENT OF VETERANS AFFAIRS DISAPPROVAL 

17 OF COURSES OF EDUCATION OFFERED BY IN18 STITUTIONS OF HIGHER LEARNING ACCUSED 

19 OF CERTAIN DECEPTIVE OR MISLEADING 

20 PRACTICES. 

21 Section 3679 of title 38, United States Code, is amend22 ed by adding at the end the following new subsection: 

23 ‘‘(d)(1) The Secretary shall disapprove a course of edu24 cation provided by an institution of higher learning if the 

25 Secretary determines pursuant to heightened scrutiny apVerDate Sep 11 2014 20:28 Sep 07, 2016 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H5178.RH H5178

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1 plied by the Inspector General under section 3699 of this 

2 title that the institution of higher learning has engaged in 

3 practices that are in violation of section 3696 of this title. 

4 ‘‘(2) The Secretary shall provide counseling services to 

5 individuals enrolled in a course of education disapproved 

6 under paragraph (1) to assist such individuals in transfer7 ring to another institution of higher learning.’’. 


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sradovich on DSK3GMQ082PROD with BILLS
Union Calendar No. 563 

114TH CONGRESS 

2D SESSION H. R. 5178 

[Report No. 114–727] 

A BILL 

To amend title 38, United States Code, to direct 

and for other purposes. on campuses of institutions of higher learning, cational and vocational counseling for veterans the Secretary of Veterans Affairs to provide eduSEPTEMBER 7, 2016 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


sradovich on DSK3GMQ082PROD with BILLS