US Codex
Pub. L.
Notes

Title III — Administration of Educational Assistance Programs

115th Congress · Approved Aug 16, 2017 · 131 Stat. 973

TITLE III Administration of Educational Assistance Programs

SEC. 301. State Approving Agency Funding.

(a)
Increase.— Section 3674(a) of title 38, United States Code, is amended—
(1)
in paragraph (2)(A), by striking “ out of amounts available for the payment of readjustment benefits” and inserting “ out of amounts in the Department of Veterans Affairs readjustment benefits account and amounts appropriated to the Secretary”;
(2)
by redesignating paragraph (4) as paragraph (5);
(3)
by inserting after paragraph (3) the following new paragraph (4):

“(4) In addition to amounts made available under paragraph (5), there is authorized to be appropriated to carry out this section $3,000,000 for fiscal year 2019 and each subsequent fiscal year.”

; and

(4)
in paragraph (5), as so redesignated—
(A)
by striking “ The total” and inserting “ (A) The total”;
(B)
by striking “ for any fiscal year shall be $19,000,000” and inserting “ for fiscal year 2018 shall be $21,000,000 and for fiscal year 2019 and thereafter shall be $23,000,000”; and
(C)
by adding at the end the following new subparagraph:

“(B) Beginning in fiscal year 2019, whenever there is an increase in benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) as a result of a determination made under section 215(i) of such Act (42 U.S.C. 415(i)), the Secretary shall, effective on the date of such increase in benefit amounts, increase the amount in effect under subparagraph (A), as in effect immediately prior to the date of such increase in benefit amounts payable under title II of the Social Security Act, by the same percentage as the percentage by which such benefit amounts are increased.”

SEC. 302. Authorization for Use of Post-9/11 Educational Assistance to Pursue Independent Study Programs at Certain Educational Institutions That Are Not Institutions of Higher Learning.

Section 3680A is amended—
(1)
in subsection (a)—
(A)
in the matter preceding paragraph (1), by striking “ in—” and inserting “ in any of the following:”;
(B)
in paragraph (1)—
(i)
by striking “ any” and inserting “ Any”; and
(ii)
by striking the semicolon at the end and inserting a period;
(C)
in paragraph (2)—
(i)
by striking “ any” and inserting “ Any”; and
(ii)
by striking the semicolon at the end and inserting a period;
(D)
in paragraph (3)—
(i)
by striking “ any” and inserting “ Any”; and
(ii)
by striking “ ; or” and inserting a period; and
(E)
by striking paragraph (4) and inserting the following new paragraph (4):

“(4) Any independent study program except an independent study program (including such a program taken over open circuit television) that—

“(A) is accredited by an accrediting agency or association recognized by the Secretary of Education under subpart 2 of part H of title IV of the Higher Education Act of 1965 (20 U.S.C. 1099b);

“(B) leads to—

“(i) a standard college degree;

“(ii) a certificate that reflects educational attainment offered by an institution of higher learning; or

“(iii) a certificate that reflects completion of a course of study offered by—

“(I) an area career and technical education school (as defined in subparagraphs (C) and (D) of section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(3))) that provides education at the postsecondary level; or

“(II) a postsecondary vocational institution (as defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c))) that provides education at the postsecondary level; and

“(C) in the case of a program described in subparagraph (B)(iii)—

“(i) provides training aligned with the requirements of employers in the State or local area where the program is located, which may include in-demand industry sectors or occupations; and

“(ii) provides a student, upon completion of the program, with a recognized postsecondary credential that is recognized by employers in the relevant industry, which may include a credential recognized by industry or sector partnerships in the State or local area where the industry is located; and

“(iii) meets such content and instructional standards as may be required to comply with the criteria under section 3676(c)(14) and(15) of this title.”

; and

(2)
by adding at the end the following new subsection:

“(h) In this section, the terms ‘State or local area’, ‘recognized postsecondary credential’, ‘industry or sector partnership’, and ‘in-demand industry sector or occupation’ have the meaning given such terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).”

SEC. 303. Provision of Information on Priority Enrollment for Veterans in Certain Courses of Education.

Section 3698(c)(1)(C) is amended—
(1)
in clause (ix), by striking “ and” at the end;
(2)
in clause (x), by striking the period and inserting “ ; and”; and
(3)
by adding at the end the following new clause:

“(xi) information on whether the institution administers a priority enrollment system that allows certain student veterans to enroll in courses earlier than other students.”

SEC. 304. Limitation on Use of Reporting Fees Payable to Educational Institutions and Sponsors of Programs of Apprenticeship.

(a)
In General.— Subsection (c) of section 3684 is amended to read as follows:

“(c)

(1) The Secretary may pay to any educational institution, or to the sponsor of a program of apprenticeship, furnishing education or training under either this chapter or chapter 31, 34, or 35 of this title, a reporting fee which will be in lieu of any other compensation or reimbursement for reports or certifications which such educational institution or sponsor of a program of apprenticeship is required to submit to the Secretary by law or regulation.

“(2) Such reporting fee shall be computed for each calendar year by multiplying $16 by the number of eligible veterans or eligible persons enrolled under this chapter or chapter 31, 34, or 35 of this title. The reporting fee shall be paid to such educational institution or sponsor of a program of apprenticeship as soon as feasible after the end of the calendar year for which it is applicable.

“(3) No reporting fee payable to an educational institution under this subsection shall be subject to offset by the Secretary against any liability of such institution for any overpayment for which such institution may be administratively determined to be liable under section 3685 of this title unless such liability is not contested by such institution or has been upheld by a final decree of a court of appropriate jurisdiction.

“(4) Any reporting fee paid to an educational institution or sponsor of a program of apprenticeship after the date of the enactment of the Post-9/11 Veterans Educational Assistance Improvements Act of 2011 (Public Law 111–377)—

“(A) shall be utilized by such institution or sponsor solely for the making of certifications required under this chapter or chapter 31, 34, or 35 of this title or for otherwise supporting programs for veterans; and

“(B) with respect to an institution that has 100 or more enrollees described in paragraph (2) may not be used for or merged with amounts available for the general fund of the educational institution or sponsor of a program of apprenticeship.

“(5) The reporting fee payable under this subsection shall be paid from amounts appropriated for readjustment benefits.”

(b)
Effective Date.— The amendment made by subsection (a) shall take effect on August 1, 2018.

SEC. 305. Training for School Certifying Officials.

(a)
Training Requirement.— The Secretary of Veterans Affairs shall, in consultation with the State approving agencies, set forth requirements relating to training for school certifying officials employed by covered educational institutions offering courses of education approved under chapter 36 of title 38, United States Code. If a covered educational institution does not ensure that a school certifying official employed by the educational institution meets such requirements, the Secretary may disapprove any course of education offered by such educational institution.
(b)
Definitions.— In this section:
(1)
The term “covered educational institution” means an educational institution that has enrolled 20 or more individuals using educational assistance under title 38, United States Code.
(2)
The term “school certifying official” means an employee of an educational institution with primary responsibility for certifying veteran enrollment at the educational institution.
(3)
The term “State approving agency” means a department or agency of a State designated under section 3671 of title 38, United States Code.
(c)
Effective Date.— This section shall take effect on August 1, 2018.

SEC. 306. Extension of Authority for Advisory Committee on Education.

Section 3692 is amended by striking “ December 31, 2017” and inserting “ December 31, 2022”.

SEC. 307. Department of Veterans Affairs Provision of On-Campus Educational and Vocational Counseling for Veterans.

(a)
In General.— Chapter 36 is amended by inserting after section 3697A the following new section:

Ҥ 3697B. On-campus educational and vocational counseling

“(a) In General.—The Secretary shall provide educational and vocational counseling services for individuals described in section 3697A(b) of this title at locations on the campuses of institutions of higher learning selected by the Secretary. Such counseling services shall be provided by employees of the Department who provide such services under section 3697A of this title.

“(b) Selection of Locations.—

(1) To be selected by the Secretary under this section, an institution of higher learning shall provide an appropriate space on the campus of the institution where counseling services can be provided under this section.

“(2) In selecting locations for the provision of counseling services under this section, the Secretary shall seek to select locations where the maximum number of veterans would have access to such services.

“(c) Annual Report.—Not later than 180 days after the date of the enactment of this section, and each year thereafter, the Secretary shall submit to Congress a report on the counseling services provided under this section. Such report shall include, for the year covered by the report—

“(1) the average ratio of counselors providing such services to individuals who received such services at each location where such services were provided;

“(2) a description of such services provided;

“(3) the recommendations of the Secretary for improving the provision of such services; and

“(4) any other matters the Secretary determines appropriate.”

(b)
Clerical Amendment.— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3697A the following new item:

“3697B. On-campus educational and vocational counseling.”.

SEC. 308. Provision of Information Regarding Veteran Entitlement to Educational Assistance.

(a)
In General.— Subchapter II of chapter 36 is further amended by adding at the end the following new section:

Ҥ 3699A. Provision of certain information to educational institutions

“(a) In General.—For each veteran or other individual pursuing a course of education that has been approved under this chapter using educational assistance to which the veteran or other individual is entitled under chapter 30, 32, 33, or 35 of this title, the Secretary shall make available to the educational institution offering the course information about the amount of such educational assistance to which the veteran or other individual is entitled. Such information shall be provided to such educational institution through a secure information technology system accessible by the educational institution and shall be regularly updated to reflect any amounts used by the veteran or other individual.

“(b) Election.—A veteran or other individual pursuing a course of education described in subsection (a) may elect not to provide the information described in such subsection to an educational institution in a manner prescribed by the Secretary.”

(b)
Clerical Amendment.— The table of sections at the beginning of such chapter is further amended by inserting after the item relating to section 3699 the following new item:

“3699A. Provision of certain information to educational institutions.”.

(c)
Effective Date.— Section 3699A of title 38, United States Code, as added by this section, shall take effect on August 1, 2018.

SEC. 309. Treatment, for Purposes of Educational Assistance Administered by the Secretary of Veterans Affairs, of Educational Courses That Begin Seven or Fewer Days After the First Day of an Academic Term.

Section 3684(a) is amended—
(1)
by redesignating paragraph (4) as paragraph (5); and
(2)
by inserting after paragraph (3) the following new paragraph (4):

“(4) A course offered by an educational institution that does not begin on the first day of an academic term, but does begin seven or fewer days after such day, shall be treated as beginning on such day for purposes of this section.”

SEC. 310. Inclusion of Risk-Based Surveys in State Approving Agency Oversight Activities.

Section 3673(d) is amended—
(1)
in the subsection heading, by striking “ Compliance and” ;
(2)
by striking “ such compliance and oversight” and inserting “ conducting risk-based surveys and other such oversight”; and
(3)
by inserting “ , in consultation with the State approving agencies,” after “ as the Secretary”.

SEC. 311. Comptroller General Study of State Approving Agency Performance.

(a)
Study Required.— The Comptroller General of the United States shall carry out a study on the performance of State approving agencies. Such study shall include each of the following:
(1)
An analysis of the effectiveness of the cooperation between the Secretary of Veterans Affairs and State approving agencies regarding the execution of shared compliance and oversight responsibilities under chapter 36 of title 38, United States Code.
(2)
An analysis of the resources necessary for State approving agencies to fulfill the responsibilities of such agencies under such title, including an analysis of whether Congress has appropriated sufficient funds for State approving agencies to fulfill such responsibilities and the historic effect of funding on the ability of such agencies to fulfill such responsibilities.
(3)
An evaluation of the use by State approving agencies of risk-based methods of review for identifying violations of established standards under such chapter.
(4)
An examination of how State approving agencies use risk factors, including rapid increases in veteran enrollment, increases in the amount of benefits per capita, volume of student complaints, rates of Federal student loan defaults of veterans, veteran completion rates, deficiencies identified by accreditors and other State agencies, and deficiencies in Department of Veterans Affairs program administration compliance, in their oversight and compliance responsibilities and in selecting educational institutions for review of eligibility.
(5)
Recommendations on how the Secretary and State approving agencies can better use data to evaluate, approve, or disapprove educational institutions under such chapter.
(b)
Report to Congress.— Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Secretary of Veterans Affairs, the Committee on Veterans’ Affairs of the Senate, and the Committee on Veterans’ Affairs of the House of Representatives, a report on the study required under subsection (a) and the findings and recommendations of the Comptroller General with respect to such study.