I 
112TH CONGRESS 
1ST SESSION H. R. 3764 
To revise the 90–10 rule under the Higher Education Act of 1965 to count 
veterans’ education benefits under such rule, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 20, 2011 
Ms. WATERS introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce, and in addition to the Commit-
tees on Armed Services and Veterans’ Affairs, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To revise the 90–10 rule under the Higher Education Act 
of 1965 to count veterans’ education benefits under such 
rule, and for other purposes. 
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 ‘‘Ensuring Quality Edu-
cation for Veterans Act’’. 
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SEC. 2. REVISION OF 90–10 RULE. 
(a) REVISION OF 90–10 RULE.—Section 487 of the 
Higher Education Act of 1965 (20 U.S.C. 1094) is 
amended— 
(1) in subsection (a)(24), by inserting after 
‘‘other than’’ the following: ‘‘veterans’ education 
benefits (as defined in subsection (d)(5)) or’’; 
(2) in subsection (d)— 
(A) in paragraph (2)(A), by inserting at 
the end the following: ‘‘The Secretary of Edu-
cation shall notify the Secretary of Defense and 
the Secretary of Veterans Affairs when, by rea-
son of failing to meet a requirement of sub-
section (a)(24), a proprietary institution of 
higher education becomes ineligible to partici-
pate in the programs authorized by this title, 
and when the institution regains such eligi-
bility.’’; and 
(B) by inserting at the end the following 
new paragraph: 
‘‘(5) VETERANS’ EDUCATION
BENEFITS
DE-
FINED.—For the purpose of this subsection, the 
term ‘veterans’ education benefits’ includes the vet-
erans’ education benefits listed in subparagraphs (A) 
through (L) of section 480(c)(2) and any other edu-
cational assistance benefits provided by the Sec-
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retary of Defense or the Secretary of Veterans Af-
fairs to an individual.’’. 
(b) CONFORMING AMENDMENT.—The heading for 
subsection (d) of section 487 of the Higher Education Act 
of 1965 (20 U.S.C. 1094(d)) is amended by inserting after 
‘‘NON-TITLE IV’’ the following: ‘‘AND NON-VETERANS’ 
EDUCATION BENEFITS’’. 
SEC. 3. INELIGIBILITY OF CERTAIN PROPRIETARY INSTITU-
TIONS OF HIGHER EDUCATION TO PARTICI-
PATE IN DEPARTMENT OF DEFENSE OR DE-
PARTMENT 
OF 
VETERANS 
AFFAIRS 
PRO-
GRAMS OF EDUCATIONAL ASSISTANCE. 
(a) DEPARTMENT OF DEFENSE.— 
(1) IN
GENERAL.—Chapter 101 of title 10, 
United States Code, is amended by inserting after 
section 2008 the following new section: 
‘‘§ 2008a. Ineligibility of certain proprietary institu-
tions of higher education to participate 
in Department of Defense programs of 
educational assistance 
‘‘Upon notice from the Secretary of Education under 
section 487(d)(2)(A) of the Higher Education Act of 1965 
(20 U.S.C. 1094(d)(2)(A)) that a proprietary institution 
of higher education is ineligible to participate in the pro-
grams authorized by title IV of such Act (20 U.S.C. 1070 
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et seq.), the Secretary of Defense shall ensure that no edu-
cational assistance provided by the Secretary under this 
title or any other provision of law is available or used for 
education at the institution for the period of institutional 
fiscal years during which the institution remains ineligible 
to participate in the programs authorized by title IV of 
the Higher Education Act of 1965 (20 U.S.C. 1070 et 
seq.).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 101 of such title 
is amended by inserting after the item relating to 
section 2008 the following new item: 
‘‘2008a. Ineligibility of certain proprietary institutions of higher education to 
participate in Department of Defense programs of educational 
assistance.’’. 
(b) DEPARTMENT OF VETERANS AFFAIRS.— 
(1) IN GENERAL.—Subchapter II of chapter 36 
of title 38, United States Code, is amended by in-
serting after section 3681 the following new section: 
‘‘§ 3681A. Ineligibility of certain proprietary institu-
tions of higher education to participate 
in Department of Veterans Affairs pro-
grams of educational assistance 
‘‘(a) IN GENERAL.—Upon notice from the Secretary 
of Education under section 487(d)(2)(A) of the Higher 
Education Act of 1965 (20 U.S.C. 1094(d)(2)(A)) that 
a proprietary institution of higher education is ineligible 
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to participate in the programs authorized by title IV of 
such Act (20 U.S.C. 1070 et seq.), the Secretary of Vet-
erans Affairs shall ensure that no educational assistance 
provided by the Secretary under this title or any other 
provision of law is available or used for education at the 
institution for the period of institutional fiscal years dur-
ing which the institution remains ineligible to participate 
in the programs authorized by title IV of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1070 et seq.).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 36 of such title is 
amended by inserting after the item relating to sec-
tion 3681 the following new item: 
‘‘3681A. Ineligibility of certain proprietary institutions of higher education to 
participate in Department of Veterans Affairs programs of 
educational assistance.’’. 
SEC. 4. EFFECTIVE DATE. 
The amendments made by this Act shall be effective 
July 1, 2012. 
Æ 
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