Student Veterans Transparency and Protection Act of 2021

II 117TH CONGRESS 1ST SESSION S. 1607 To require the Secretary of Veterans Affairs to improve how the Department of Veterans Affairs discloses to individuals entitled to educational assist- ance from the Department risks associated with using such assistance at particular educational institutions and to restore entitlement of stu- dents to such assistance who are pursuing programs of education at educational institutions that are subject to Federal or State civil enforce- ment action, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 13, 2021 Mr. SCHATZ (for himself, Mr. ROUNDS, Mr. PORTMAN, and Mr. COONS) intro- duced the following bill; which was read twice and referred to the Com- mittee on Veterans’ Affairs A BILL To require the Secretary of Veterans Affairs to improve how the Department of Veterans Affairs discloses to individuals entitled to educational assistance from the Department risks associated with using such assistance at particular educational institutions and to restore enti- tlement of students to such assistance who are pursuing programs of education at educational institutions that are subject to Federal or State civil enforcement action, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:44 May 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1607.IS S1607 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1607 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Student Veterans 2 Transparency and Protection Act of 2021’’. 3 SEC. 2. IMPROVING TRANSPARENCY AND ACCOUNTABILITY 4 OF EDUCATIONAL INSTITUTIONS FOR PUR- 5 POSES OF VETERANS EDUCATIONAL ASSIST- 6 ANCE. 7 (a) REQUIREMENT RELATING TO G.I. BILL COM- 8 PARISON TOOL.— 9 (1) REQUIREMENT TO MAINTAIN TOOL.—The 10 Secretary of Veterans Affairs shall maintain the G.I. 11 Bill Comparison Tool that was established pursuant 12 to Executive Order 13607 (77 Fed. Reg. 25861; re- 13 lating to establishing principles of excellence for edu- 14 cational institutions serving service members, vet- 15 erans, spouses, and other family members) and in 16 effect on the day before the date of the enactment 17 of this Act, or successor tool, to provide relevant and 18 timely information about programs of education ap- 19 proved under chapter 36 of title 38, United States 20 Code, and the educational institutions that offer 21 such programs. 22 (2) DATA RETENTION.—The Secretary shall en- 23 sure that historical data that is reported via the tool 24 maintained under paragraph (1) remains easily and 25 prominently accessible on the benefits.va.gov website, 26 VerDate Sep 11 2014 00:44 May 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1607.IS S1607 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1607 IS or successor website, for a period of not less than 1 seven years from the date of initial publication. 2 (b) PROVIDING TIMELY AND RELEVANT EDUCATION 3 INFORMATION TO VETERANS, MEMBERS OF THE ARMED 4 FORCES, AND OTHER INDIVIDUALS.— 5 (1) IN GENERAL.—Not later than one year 6 after the date of the enactment of this Act, the Sec- 7 retary of Veterans Affairs, in coordination with the 8 Secretary of Education, shall make such changes to 9 the tool maintained under subsection (a) as the Sec- 10 retary determines appropriate to ensure that such 11 tool is an effective and efficient method for providing 12 information pursuant to section 3698(b)(5) of title 13 38, United States Code. 14 (2) MODIFICATION OF SCOPE OF COMPREHEN- 15 SIVE POLICY ON PROVIDING EDUCATION INFORMA- 16 TION.—Section 3698 of title 38, United States Code, 17 is amended— 18 (A) in subsection (a), by striking ‘‘veterans 19 and members of the Armed Forces’’ and insert- 20 ing ‘‘individuals entitled to educational assist- 21 ance under laws administered by the Secretary 22 of Veterans Affairs’’; and 23 (B) in subsection (b)(5)— 24 VerDate Sep 11 2014 00:44 May 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1607.IS S1607 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1607 IS (i) by striking ‘‘veterans and members 1 of the Armed Forces’’ and inserting ‘‘indi- 2 viduals described in subsection (a)’’; and 3 (ii) by striking ‘‘the veteran or mem- 4 ber’’ and inserting ‘‘the individual’’. 5 (3) G.I. BILL COMPARISON TOOL REQUIRED 6 DISCLOSURES.—Paragraph (1) of subsection (c) of 7 such section is amended— 8 (A) by striking subparagraph (B) and in- 9 serting the following: 10 ‘‘(B) for each individual described in subsection 11 (a) seeking information provided under subsection 12 (b)(5)— 13 ‘‘(i) the name of each Federal student aid 14 program, and a description of each such pro- 15 gram, from which the individual may receive 16 educational assistance; and 17 ‘‘(ii) for each program named and de- 18 scribed pursuant to clause (i), the amount of 19 educational assistance that the individual may 20 be eligible to receive under the program; and’’; 21 and 22 (B) in subparagraph (C)— 23 VerDate Sep 11 2014 00:44 May 27, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1607.IS S1607 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1607 IS (i) in clause (i), by inserting ‘‘and a 1 definition of each type of institution’’ be- 2 fore the semicolon; 3 (ii) by striking clause (v) and insert- 4 ing the following: 5 ‘‘(v) the average total cost, the average tui- 6 tion, the average cost of room and board, the 7 average cost and the average fees to earn a cer- 8 tificate, and associate’s degree, a bachelor’s de- 9 gree, a postdoctoral degree, and any other de- 10 gree or credential the institution awards;’’; 11 (iii) in clause (xii), by striking the pe- 12 riod at the end and inserting a semicolon; 13 and 14 (iv) by adding at the end the following 15 new clauses: 16 ‘‘(xiii) program, degree, and certificate 17 completion rates, disaggregated by individuals 18 who are veterans, individuals who are members 19 of the Armed Forces, and individuals who are 20 neither veterans nor members of the Armed 21 Forces; 22 ‘‘(xiv) transfer-out rates, disaggregated by 23 individuals who are veterans, individuals who 24 are members of the Armed Forces, and individ- 25 VerDate Sep 11 2014 00:44 May 27, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1607.IS S1607 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1607 IS uals who are neither veterans nor members of 1 the Armed Forces; 2 ‘‘(xv) credentials available and the average 3 time for completion of each credential; 4 ‘‘(xvi) employment rate and median income 5 of graduates of the institution in general, 6 disaggregated by— 7 ‘‘(I) specific credential; 8 ‘‘(II) individuals who are veterans; 9 ‘‘(III) individuals who are members of 10 the Armed Forces; and 11 ‘‘(IV) individuals who are neither vet- 12 erans nor members of the Armed Forces; 13 ‘‘(xvii) percentage of individuals who re- 14 ceived educational assistance under this title to 15 pursue a program of education at the institu- 16 tion who did not earn a credential within six 17 years of commencing such program of edu- 18 cation; 19 ‘‘(xviii) the median amount of debt in- 20 curred from a Federal student loan made, in- 21 sured, or guaranteed under title IV of the 22 Higher Education Act of 1965 (20 U.S.C. 1070 23 et seq.) by an individual who pursued a pro- 24 gram of education at the institution with edu- 25 VerDate Sep 11 2014 00:44 May 27, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1607.IS S1607 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1607 IS cational assistance under this title, 1 disaggregated by— 2 ‘‘(I) individuals who received a cre- 3 dential and individuals who did not; and 4 ‘‘(II) individuals who are veterans, in- 5 dividuals who are members of the Armed 6 Forces, and individuals who are neither 7 veterans nor members of the Armed 8 Forces; 9 ‘‘(xix) whether the institution participates 10 in Federal student aid programs, and if so, 11 which programs; 12 ‘‘(xx) the average number of individuals 13 enrolled in the institution per year, 14 disaggregated by— 15 ‘‘(I) individuals who are veterans; 16 ‘‘(II) individuals who are members of 17 the Armed Forces; and 18 ‘‘(III) individuals who are neither vet- 19 erans nor members of the Armed Forces; 20 and 21 ‘‘(xxi) a list of each civil settlement or 22 finding resulting from a Federal or State action 23 in a court of competent jurisdiction against the 24 institution for violation of a provision of Fed- 25 VerDate Sep 11 2014 00:44 May 27, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1607.IS S1607 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1607 IS eral or State law that materially affects the 1 education provided at the institution or is the 2 result of illicit activity, including deceptive mar- 3 keting or misinformation provided to prospec- 4 tive students or current enrollees.’’. 5 (4) CLARITY OF INFORMATION PROVIDED.— 6 Paragraph (2) of such subsection is amended— 7 (A) by inserting ‘‘(A)’’ before ‘‘To the ex- 8 tent’’; and 9 (B) by adding at the end the following new 10 subparagraph: 11 ‘‘(B) The Secretary shall ensure that information 12 provided under subsection (b)(5) is provided in a manner 13 that is easy and accessible to individuals described in sub- 14 section (a), especially with respect to information de- 15 scribed in paragraph (1)(C)(xxii).’’. 16 (c) IMPROVEMENTS FOR STUDENT FEEDBACK.— 17 (1) IN GENERAL.—Subsection (b)(2) of such 18 section is amended— 19 (A) by amending subparagraph (A) to read 20 as follows: 21 ‘‘(A) providing institutions of higher learn- 22 ing up to 30-days to review and respond to any 23 feedback and address issues regarding the feed- 24 back before the feedback is published’’; 25 VerDate Sep 11 2014 00:44 May 27, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1607.IS S1607 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1607 IS (B) in subparagraph (B), by striking ‘‘; 1 and’’ and inserting a semicolon; 2 (C) in subparagraph (C), by striking the 3 period at the end and inserting a semicolon; 4 and 5 (D) by adding at the end the following new 6 subparagraphs: 7 ‘‘(D) for each institution of higher learning 8 that is approved under this chapter, retains, 9 maintains, and publishes all of such feedback 10 for the entire duration that the institution of 11 higher is approved under this chapter; and 12 ‘‘(E) is easily accessible to individuals de- 13 scribed in subsection (a) and to the general 14 public.’’. 15 (2) ACCESSIBILITY FROM G.I. BILL COMPARISON 16 TOOL.—The Secretary shall ensure that— 17 (A) the feedback tracked and published 18 under subsection (b)(2) of such section, as 19 amended by paragraph (1), is prominently dis- 20 played in the tool maintained under subsection 21 (a) of this section; and 22 (B) when such tool displays information 23 for an institution of higher learning, the appli- 24 VerDate Sep 11 2014 02:29 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1607.IS S1607 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1607 IS cable feedback is also displayed for such institu- 1 tion of higher learning. 2 (d) TRAINING FOR PROVISION OF EDUCATION COUN- 3 SELING SERVICES.— 4 (1) IN GENERAL.—Not less than one year after 5 the date of the enactment of this Act, the Secretary 6 shall ensure that personnel employed or contracted 7 by the Department of Veteran Affairs to provide 8 education benefits counseling, vocational or transi- 9 tion assistance, or similar functions, including em- 10 ployees or contractors of the Department who pro- 11 vide such counseling or assistance as part of the 12 Transition Assistance Program, are trained on 13 how— 14 (A) to use properly the tool maintained 15 under subsection (a); and 16 (B) to provide appropriate educational 17 counseling services to veterans, members of the 18 Armed Forces, and other individuals. 19 (2) TRANSITION ASSISTANCE PROGRAM DE- 20 FINED.—In this subsection, the term ‘‘Transition 21 Assistance Program’’ means the program of coun- 22 seling, information, and services under section 1142 23 of title 10, United States Code. 24 VerDate Sep 11 2014 00:44 May 27, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1607.IS S1607 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1607 IS SEC. 3. RESTORATION OF ENTITLEMENT TO VETERANS 1 EDUCATIONAL ASSISTANCE AND OTHER RE- 2 LIEF FOR VETERANS AFFECTED BY CIVIL EN- 3 FORCEMENT ACTIONS AGAINST EDU- 4 CATIONAL INSTITUTIONS. 5 (a) IN GENERAL.—Section 3699(b)(1) of title 38, 6 United States Code, is amended— 7 (1) in subparagraph (A), by striking ‘‘; or’’ and 8 inserting a semicolon; 9 (2) in subparagraph (B)(ii), by striking ‘‘; and’’ 10 and inserting ‘‘; or’’; and 11 (3) by adding at the end the following new sub- 12 paragraph: 13 ‘‘(C) a Federal or State civil enforcement 14 action against the education institution; or 15 ‘‘(D) an action taken by the Secretary; 16 and’’. 17 (b) MECHANISM.—The Secretary of Veterans Affairs 18 shall establish a simple mechanism that can be used by 19 an individual described in subsection (b)(1) of section 20 3699 of such title by reason of subparagraph (C) or (D) 21 of such subsection, as added by subsection (a)(3) of this 22 section, to obtain relief under section 3699(a) of such title. 23 (c) PARTIAL RESTORATION OF ENTITLEMENTS.— 24 Subsection (a) of such section is amended— 25 VerDate Sep 11 2014 00:44 May 27, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1607.IS S1607 kjohnson on DSK79L0C42PROD with BILLS 12 •S 1607 IS (1) by redesignating paragraphs (1) and (2) as 1 subparagraphs (A) and (B), respectively; 2 (2) in the matter before subparagraph (A), as 3 redesignated by paragraph (1), by striking ‘‘Any 4 payment’’ and inserting ‘‘(1) Subject to paragraph 5 (2), any payment’’; and 6 (3) by adding at the end the following new 7 paragraph (2): 8 ‘‘(2) A payment of educational assistance described 9 in subsection (b) by reason of subparagraph (C) or (D) 10 of paragraph (1) of such subsection may be charged 11 against the entitlement to educational assistance of the in- 12 dividual concerned— 13 ‘‘(A) if the individual requests such charge; and 14 ‘‘(B) to such percentage of charge as the indi- 15 vidual may specify, except that such percentage may 16 not be less than zero or more than 100.’’. 17 (d) CONFORMING AMENDMENTS.— 18 (1) SECTION HEADING.—The heading for sec- 19 tion 3699 of such title is amended by striking ‘‘or 20 disapproval of educational institution’’ 21 and inserting ‘‘of, disapproval of, or civil en- 22 forcement actions against educational in- 23 stitutions’’. 24 VerDate Sep 11 2014 00:44 May 27, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 [Text truncated for display. 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