I 
116TH CONGRESS 
1ST SESSION 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 Af-
fairs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 8, 2019 
Mr. LEVIN of California introduced the following bill; which was referred to 
the Committee on Veterans’ Affairs 
A BILL 
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 Af-
fairs, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protect the GI Bill 
Act’’. 
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SEC. 2. REQUIREMENTS FOR EDUCATIONAL INSTITUTIONS 
PARTICIPATING IN THE EDUCATIONAL AS-
SISTANCE PROGRAMS OF THE DEPARTMENT 
OF VETERANS AFFAIRS. 
Section 3679 of title 38, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(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, shall take an action de-
scribed 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 indi-
vidual in a course of education at the educational in-
stitution, provide the individual with a form that 
contains information personalized to the individual 
that describes— 
‘‘(i) the total cost of the course, including 
tuition, fees, books, supplies, and any other ad-
ditional costs; 
‘‘(ii) an estimate of the cost for living ex-
penses for students enrolled in the course; 
‘‘(iii) the amount of the costs under 
clauses (i) and (ii) that are covered by the edu-
cational assistance provided to the individual 
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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 fi-
nancial 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 grad-
uation; 
‘‘(vi) information regarding graduation 
rates; 
‘‘(vii) job-placement rates for graduates of 
the course, if available; 
‘‘(viii) any conditions or additional require-
ments, including training, experience, or exami-
nations, required to obtain the license, certifi-
cation, or approval for which the course of edu-
cation is designed to provide preparation; and 
‘‘(ix) other information to facilitate com-
parison by the individual of aid packages of-
fered 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 
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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 subpara-
graph (A) that contains updated information. 
‘‘(C) Maintain policies to— 
‘‘(i) inform each covered individual enrolled 
in a course of education at the educational in-
stitution of the availability of Federal financial 
aid not administered by the Secretary and fi-
nancial 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 indi-
vidual. 
‘‘(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 
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with information regarding the requirements to 
graduate from such course, including information re-
garding 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 insti-
tution before enrolling covered individuals in such 
courses or programs if the accrediting agency deter-
mines 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 mem-
bers during short absences by reason of such 
service. 
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‘‘(H) Designate an employee of the educational 
institution to serve as a point of contact for covered 
individuals and the family of such individuals need-
ing assistance with respect to academic counseling, 
financial counseling, disability counseling, and other 
information regarding completing a course of edu-
cation at such institution, including by referring 
such individuals and family to the appropriate per-
sons 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, shall take an action de-
scribed in paragraph (4)(A) if the State approving agency, 
the Secretary, or the Federal Trade Commission, deter-
mines that an educational institution does any of the fol-
lowing: 
‘‘(A) Carries out fraudulent or persistent re-
cruiting techniques, including on military installa-
tions, that may include— 
‘‘(i) misrepresentation or payment of in-
centive 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 
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‘‘(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 in-
cluding 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 cov-
ered 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, shall take 
an action described in paragraph (4)(A) if the State ap-
proving agency or the Secretary determines that an edu-
cational institution is the subject of a negative action 
made by the accrediting agency that accredits the institu-
tion, including any of the following: 
‘‘(A) A show cause order. 
‘‘(B) Accreditor sanctions. 
‘‘(C) Accreditation probation. 
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‘‘(5) 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-aca-
demic-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. 
‘‘(6) On an annual basis, the Secretary shall submit 
to the Committees on Veterans’ Affairs of the House of 
Representatives and the Senate, and make publicly avail-
able, a report that includes the following: 
‘‘(A) 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 institu-
tion; 
‘‘(ii) the type of action taken; 
‘‘(iii) the rationale for the action, including 
how the educational institution was not in com-
pliance with this subsection; 
‘‘(iv) the length of time that the edu-
cational institution was not in such compliance; 
and 
‘‘(v) whether the educational institution 
was also not in compliance with this subsection 
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during any of the two years prior to the year 
covered by the report. 
‘‘(B) 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. 
‘‘(C) Recommendations of the Secretary with 
respect to any legislative actions the Secretary deter-
mines 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.’’. 
SEC. 3. IMPROVEMENTS TO LIMITATION ON CERTAIN AD-
VERTISING, SALES, AND ENROLLMENT PRAC-
TICES. 
(a) SUBSTANTIAL MISREPRESENTATION.— 
(1) IN
GENERAL.—Subsection (a) of section 
3696 of title 38, United States Code, is amended to 
read as follows: 
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‘‘(a) The Secretary shall not approve the enrollment 
of an eligible veteran or eligible person in any course of-
fered by an institution, or by an entity that owns the insti-
tution, engaged in substantial misrepresentation described 
in subsection (e)(1).’’. 
(2) DEFINITIONS.—Such section is amended by 
adding at the end the following new subsection: 
‘‘(e)(1) Substantial misrepresentation described in 
this paragraph is substantial misrepresentation by an edu-
cational 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 regard-
ing— 
‘‘(i) the particular type, specific source, or 
nature and extent, of the accreditation of the 
institution or a course of education at the insti-
tution; 
‘‘(ii) whether a student may transfer 
course credits to another institution; 
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‘‘(iii) conditions under which the institu-
tion will accept transfer credits earned at an-
other 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 non-
governmental 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 gen-
erally needed to secure employment in a 
recognized occupation for which the pro-
gram is represented to prepare students; 
‘‘(v) the requirements for successfully com-
pleting 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 
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the subject of unsolicited testimonials or en-
dorsements by— 
‘‘(I) 
vocational 
counselors, 
high 
schools, colleges, educational organizations, 
employment agencies, members of a par-
ticular industry, students, former students, 
or others; or 
‘‘(II) officials of a local or State gov-
ernment or the Federal Government; 
‘‘(vii) the size, location, facilities, or equip-
ment of the institution; 
‘‘(viii) the availability, frequency, and ap-
propriateness 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 institu-
tion and the appropriateness to the employment 
objectives that the institution states the courses 
and programs are designed to meet; 
‘‘(x) the number, availability, and quali-
fications, including the training and experience, 
of the faculty and other personnel of the insti-
tution; 
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‘‘(xi) the availability of part-time employ-
ment or other forms of financial assistance; 
‘‘(xii) the nature and availability of any tu-
torial or specialized instruction, guidance and 
counseling, or other supplementary assistance 
the institution ill provide students before, dur-
ing, or after the completion of a course of edu-
cation; 
‘‘(xiii) the nature or extent of any pre-
requisites 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 
‘‘(xv) whether the degree that the institu-
tion will confer upon completion of the course 
of education has been authorized by the appro-
priate State educational agency, including with 
respect to cases where the institution fails to 
disclose facts regarding the lack of such author-
ization in any advertising or promotional mate-
rials that reference such degree. 
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‘‘(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 re-
fund policy of the institution if the student does 
not complete the program; 
‘‘(iv) the availability or nature of any fi-
nancial assistance offered to students, including 
a student’s responsibility to repay any loans, re-
gardless of whether the student is successful in 
completing the program and obtaining employ-
ment; and 
‘‘(v) the student’s right to reject any par-
ticular type of financial aid or other assistance, 
or whether the student must apply for a par-
ticular 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 
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agency providing authorized training leading di-
rectly to employment; 
‘‘(ii) the plans of the institution to main-
tain a placement service for graduates or other-
wise 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 stu-
dents are being prepared; 
‘‘(iv) job market statistics maintained by 
the Federal Government in relation to the po-
tential placement of the graduates of the insti-
tution; 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 per-
mits 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 condi-
tions. 
‘‘(2) In this subsection: 
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‘‘(A) The term ‘misleading statement’ includes 
any communication 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 edu-
cational institution that a student gives to the insti-
tution either under duress or because the institution 
required the student to make such an endorsement 
or testimonial to participate in a program of edu-
cation. 
‘‘(B) The term ‘misrepresentation’ means any 
false, erroneous, or misleading statement made di-
rectly or indirectly to a student, a prospective stu-
dent, 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 edu-
cational 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 
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rely, or has reasonably relied, to that person’s det-
riment.’’. 
(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 investiga-
tions shall be referred to the State approving agency, or 
the Secretary when acting in the role of the State approv-
ing agency, who shall take appropriate action in such cases 
not later than 90 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 mis-
representation described in section 3696(e) of this 
title. The institution shall not be deemed to have 
met this requirement until the State approving agen-
cy— 
‘‘(A) has ascertained from the Federal 
Trade Commission whether the Commission has 
issued an order to the institution to cease and 
desist from any act or practice described in 
such subsection; 
‘‘(B) has, if such an order has been issued, 
given due weight to that fact; and 
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‘‘(C) has reviewed the complete record of 
all advertising, sales, or enrollment materials 
(and copies thereof) used by or on behalf of the 
institution during the preceding 12-month pe-
riod.’’. 
SEC. 4. APPLICATION DATE. 
The amendments made by this Act shall apply to an 
educational institution beginning on the date that is 180 
days after the date of the enactment of this Act. 
Æ 
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