[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] PROTECTING THOSE WHO PROTECT US: ENSURING THE SUCCESS OF OUR STUDENT VETERANS ======================================================================= JOINT FIELD HEARING before the SUBCOMMITTEE ON ECONOMIC OPPORTUNITY of the COMMITTEE ON VETERANS' AFFAIRS and the SUBCOMMITTEE ON HIGHER EDUCATION AND WORKFORCE INVESTMENT of the COMMITTEE ON EDUCATION AND LABOR [Serial No. 116-18] U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION __________ HEARING HELD IN EL CAJON, CA, APRIL 24, 2019 __________ Printed for the use of the Committee on Education and Labor [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Available via: www.govinfo.gov; or Committee address: https://edlabor.house.gov ______ U.S. GOVERNMENT PUBLISHING OFFICE 36-593 PDF WASHINGTON : 2021 COMMITTEE ON EDUCATION AND LABOR ROBERT C. ``BOBBY'' SCOTT, Virginia, Chairman Susan A. Davis, California Virginia Foxx, North Carolina, Raul M. Grijalva, Arizona Ranking Member Joe Courtney, Connecticut David P. Roe, Tennessee Marcia L. Fudge, Ohio Glenn Thompson, Pennsylvania Gregorio Kilili Camacho Sablan, Tim Walberg, Michigan Northern Mariana Islands Brett Guthrie, Kentucky Frederica S. Wilson, Florida Bradley Byrne, Alabama Suzanne Bonamici, Oregon Glenn Grothman, Wisconsin Mark Takano, California Elise M. Stefanik, New York Alma S. Adams, North Carolina Rick W. Allen, Georgia Mark DeSaulnier, California Francis Rooney, Florida Donald Norcross, New Jersey Lloyd Smucker, Pennsylvania Pramila Jayapal, Washington Jim Banks, Indiana Joseph D. Morelle, New York Mark Walker, North Carolina Susan Wild, Pennsylvania James Comer, Kentucky Josh Harder, California Ben Cline, Virginia Lucy McBath, Georgia Russ Fulcher, Idaho Kim Schrier, Washington Van Taylor, Texas Lauren Underwood, Illinois Steve Watkins, Kansas Jahana Hayes, Connecticut Ron Wright, Texas Donna E. Shalala, Florida Daniel Meuser, Pennsylvania Andy Levin, Michigan* William R. Timmons, IV, South Ilhan Omar, Minnesota Carolina David J. Trone, Maryland Dusty Johnson, South Dakota Haley M. Stevens, Michigan Susie Lee, Nevada Lori Trahan, Massachusetts Joaquin Castro, Texas * Vice-Chair Veronique Pluviose, Staff Director Brandon Renz, Minority Staff Director ------ SUBCOMMITTEE ON HIGHER EDUCATION AND WORKFORCE INVESTMENT SUSAN A. DAVIS, California, Chairwoman Joe Courtney, Connecticut Lloyd Smucker, Pennsylvania Mark Takano, California Ranking Member Pramila Jayapal, Washington Brett Guthrie, Kentucky Josh Harder, California Glenn Grothman, Wisconsin Andy Levin, Michigan Elise Stefanik, New York Ilhan Omar, Minnesota Jim Banks, Indiana David Trone, Maryland Mark Walker, North Carolina Susie Lee, Nevada James Comer, Kentucky Lori Trahan, Massachusetts Ben Cline, Virginia Joaquin Castro, Texas Russ Fulcher, Idaho Raul M. Grijalva, Arizona Steve C. Watkins, Jr., Kansas Gregorio Kilili Camacho Sablan, Dan Meuser, Pennsylvania Northern Mariana Islands William R. Timmons, IV, South Suzanne Bonamici, Oregon Carolina Alma S. Adams, North Carolina Donald Norcross, New Jersey COMMITTEE ON VETERANS' AFFAIRS MARK TAKANO, California, Chairman DAVID P. ROE, Tenessee, Ranking Memberulia Brownley, California Gus M. Bilirakis, Florida Kathleen M. Rice, New York Aumua Amata Coleman Radewagen, American Samoamb, Pennsylvania, Vice- Mike Bost, Illinois Chairman Neal P. Dunn, Florida Mike Levin, California Jack Bergman, Michigan Max Rose, New York Jim Banks, Indiana Chris Pappas, New Hampshire Andy Barr, Kentucky Elaine G. Luria, Virginia Daniel Meuser, Pennsylvania Susie Lee, Nevada Steve Watkins, Kansas Joe Cunningham, South Carolina Chip Roy, Texas Gilbert Ray Cisneros, Jr., W. Gregory Steube, Florida California Collin C. Peterson, Minnesota Gregorio Kilili Camacho Sablan, Northern Mariana Islands Colin Z. Allred, Texas Lauren Underwood, Illinois Anthony Brindisi, New York Ray Kelley, Democratic Staff Director Jon Towers, Republican Staff Director C O N T E N T S ---------- Page Hearing held on April 24, 2019................................... 1 Statement of Members: Davis, Hon. Susan A, Chairwoman, Subcommittee on Higher Education and Workforce Investment......................... 1 Prepared statement of.................................... 3 Levin, Hon. Mike, Subcommittee on Economic Opportunity....... 4 Statement of Witnesses: Muth, Mr. Robert F., J.D. Professor In Residence: Managing Attorney, Veterans Legal Clinic, University of San Diego School of Law, San Diego, CA............................... 9 Prepared statement of.................................... 11 Oakley, Mr. Eloy O., Chancellor, California Community Colleges, Sacramento, CA................................... 22 Prepared statement of.................................... 24 Rodriguez, Ms. Kristyl, Student Veteran Attending Bellus Academey-Poway, Oceanside CA............................... 26 Prepared statement of.................................... 29 Shireman, Mr. Robert, Director of Higher Education Excellence and Senior Fellow, The Century Foundation, New York, NY.... 31 Prepared statement of.................................... 34 Additional Submissions: Chairwoman Davis: Letter dated April 2, 2019............................... 94 Letter dated April 22, 2019.............................. 96 Chairman Takano: Letter from National Student Legal Defense Network....... 81 Letter dated April 22, 2019.............................. 87 Lee, Hon. Susie, a Representative in Congress from the State of Nevada: Letter dated April 22, 2019.............................. 70 PROTECTING THOSE WHO PROTECT US: ENSURING THE SUCCESS OF OUR STUDENT VETERANS ---------- Wednesday, April 24, 2019 House of Representatives, Subcommittee on Higher Education and Workforce Investment, Committee on Education and Labor, Joint with the Subcommittee on Economic Opportunity, Committee on Veterans' Affairs, El Cajon, CA The subcommittees met, pursuant to notice, at 10:33 a.m., at Grossmont College, 8800 Grossmont College Dr., Griffin Gate, Building 60, 1st Floor, El Cajon, CA, Hon. Susan Davis (Chairwoman of the committee) presiding. Present: Representatives Davis (Ed & Labor Committee), Takano (Both Committees), Levin, Mike - CA (Veterans' Affairs Committee), and Lee (Ed & Labor Committee). Staff Present: Tylease Alli, Chief Clerk (Education and Labor Committee); Claire Viall, Professional Staff (Education and Labor Committee; Justin Vogt, Staff Director, Economic Opportunity Subcommittee (Veteran's Affairs Committee); Jon Clark, Director of Economic Opportunity Subcommittee (Veterans Affairs Committee) Mrs. Davis. Good morning. The Committee on Education and Labor will come to order. We want to welcome everybody here. We are delighted that you are with us today. I want to note that a quorum is present, and the committee is meeting today for a legislative field hearing to hear testimony on Protecting Those Who Protect Us: Ensuring the Success of Our Student Veterans. I want to thank everybody, including our wonderful witnesses, for attending this hearing today, and I appreciate the efforts taken on behalf of all of those involved to have this important field hearing. It is crucial that this committee, and thereby all of Congress really, hear directly from the public about matters in our jurisdiction that are affecting constituents in their communities and across the country. This is an official congressional hearing, and I want to thank Anne Krueger, Communications and Public Information Director; Cindy Miles, the Chancellor of Grossmont; Kree Maka, Community College District; and Abu-Ghazaleh, Grossmont College President, for the use of this facility at Grossmont College for this purpose. As this is an official congressional hearing, we are required to follow the rules of the committee and the House of Representatives, including the rules on decorum. So I want to remind our guests that demonstrations from the audience, including applause, actually--you cannot applaud--and verbal outbursts, as well as the use of signs or placards, are a violation of the rules. The committee has invited witnesses to speak at this hearing, and guests are here to observe the proceedings. In addition to that, the use of cameras and the taking of photographs and/or videos is limited to accredited press only, and we thank the press for being here as well. Pursuant to Rule 7(c), opening statements are limited to the Chair and the Ranking Member. However, given that this is a joint subcommittee hearing, Chairman Levin and Chairman Takano will also be giving opening statements, and we will then hear from our witnesses, and all members will have adequate time to ask questions. I recognize myself now for this purpose of making an opening statement. Today, we are here to discuss how to better protect students, veterans, and taxpayers from predatory, low-quality institutions of higher education. Through their service to our country, returning veterans earn GI Bill benefits that provide access to quality colleges and universities and a pathway to success in civilian life. Unfortunately, far too many veterans have become victims of unscrupulous, low-quality, for-profit institutions. For-profit institutions, by definition--by definition-- have a fiduciary duty to stakeholders to maximize profits, often at the expense of students. Research clearly indicates that for-profit college students borrow more often, take out larger loans, and default at a higher rate than students in similar programs at public and non-profit colleges. Veterans are no exception. In fact, student veterans are disproportionally affected by low-quality institutions. Although most student veterans do not attend for-profit institutions, these schools take in over 40 percent of all GI Bill funds. Between 2009 and 2017, eight of the top ten recipients of GI Bill tuition and fees went to for-profit schools, including now-shuttered college chains such as ITT Technical Institute, Education Corporation of America, and Dream Center Education Holdings, which consumed billions of taxpayer dollars, only to leave students with crushing debt and no degree. The Art Institute of California, a Dream Center school located here in San Diego, disrupted the education and finances of nearly 200 student veterans, and that was just at one campus. The connection between for-profit institutions and student veterans is, unfortunately, not a coincidence. For-profit institutions deliberately target student veterans because of loopholes in Federal law that incentivize them to do so. The 90/10 rule, which requires for-profit schools to demonstrate their value by earning 10 percent of their revenue from non-Federal sources, counts GI Bill benefits as a non- Federal source. This makes GI Bill dollars extremely valuable to for-profit schools and created a system in which student veterans are consistent targets of aggressive recruiting. To make matters worse, the Department of Education under this Administration has repeatedly abandoned both its responsibility to protect students and taxpayers from low- quality schools and in fact, Secretary DeVos has even loosened the regulations holding for-profit schools accountable. Student veterans who have been victimized by predatory institutions and lax Federal oversight have also been fleeced a second time by the Department's refusal to enforce vital protections for defrauded students. Specifically, despite a court order, the Department has failed to implement the Borrowers Defense to Repayment rule, and many in the audience know what that is, which ensures that students can obtain relief from student loans if their college or university defrauds them. can get help. However, just two weeks ago, Secretary DeVos revealed to the committee not a single application for loan relief from defrauded for-profit college students has been approved in the last six months. Finally, the Department has failed to establish a transparent process for for-profit schools seeking to gain non- profit status. We cannot allow for-profit institutions to skirt accountability rules just by changing a tax designation on paper. We want all student veterans to attend institutions that meet their needs and lead to good-paying jobs and Congress here has a rare opportunity to reform Federal higher education policies so that student veterans are empowered to meet the needs of our modern workforce. But those reforms must also push the Department of Education to ensure that schools receiving taxpayer dollars are financially stable and are not defrauding students, students and certainly our veterans. And in cases where students are cheated, the Department must provide relief so that veterans have a new start without the burden of debt for an education that, unfortunately for them, went nowhere. Simply put, we have a responsibility to protect those who protect us. I look forward to working with my colleagues to find solutions that ensure veterans both adequate protection against predatory schools and access to quality college degrees that lead to a rewarding career. I am sure that is something that we all want. Thank you to all our witnesses for being here with us today. I look forward to your testimony and the discussion that will follow. It is now my great pleasure to yield to the Chairman of the Veterans' Affairs Subcommittee on Economic Opportunity, Congressman Mike Levin, for his opening statement. [The statement of Chairwoman Davis follows:] Prepared Statement of Hon. Susan A. Davis, Chairwoman, Subcommittee on Higher Education and Workforce Investment Today, we are here to discuss how to better protect students, veterans, and taxpayers from predatory, low-quality institutions of higher education. Through their service to our country, returning veterans earn GI Bill benefits that provide access to quality colleges and universities and a pathway to success in civilian life. Unfortunately, far too many veterans have become victims of unscrupulous, low-quality for-profit institutions. For profit institutions, by definition, have a fiduciary duty to stakeholders to maximize profits, often at the expense of students. Research clearly indicates that for-profit college students borrow more often, take out larger loans, and default at higher rates than students in similar programs at public and non-profit colleges. Veterans are no exception. In fact, student veterans are disproportionally affected by low-quality institutions. Although most student veterans do not attend for-profit institutions, these schools take in over 40 percent of all GI Bill funds. Between 2009 to 2017, eight of the top ten recipients of GI Bill tuition and fees went to for-profit schools, including now-shuttered college chains--ITT Technical institutes, Education Corporation of America, and Dream Center Education Holdings--which consumed billions of taxpayer dollars, only to leave students with crushing debt and no degree. The Art Institute of California, a Dream Center school located here in San Diego, disrupted the education and finances of nearly 200 student veterans. And that's just one campus. The connection between for-profit institutions and student veterans is not a coincidence. For-profit institutions deliberately target student veterans because of loopholes in federal law that incentivize them to do so. The 90/10 rule, which requires for-profit schools to demonstrate their value by earning 10 percent of their revenue from non-federal sources, counts GI Bill benefits as a non-federal source. This makes GI Bill dollars extremely valuable to for-profit schools and created a system in which student veterans are consistent targets of aggressive recruiting. To make matters worse, the Department of Education under this Administration has repeatedly abandoned both its responsibility to protect students and taxpayers from low-quality schools. In fact, Secretary DeVos has even loosened the regulations holding for-profit schools accountable. Student veterans who have been victimized by predatory institutions and lax federal oversight have also been fleeced a second time by the Department's refusal to enforce vital protections for defrauded students. Specifically, despite a court order, the Department has failed to implement the Borrowers Defense to Repayment rule, which ensures that students can obtain relief from student loans if their college or university defrauds them. Just two weeks ago, Secretary DeVos revealed to the Committee not a single application for loan relief from defrauded for-profit college students has been approved in the last six months. Finally, the Department has failed to establish a transparent process for for-profit schools seeking to gain non- profit status. We cannot allow for-profit institutions to skirt accountability rules just by changing a tax designation on paper. We want all student veterans to attend institutions that meet their needs and lead to good paying jobs. Congress has a rare opportunity to reform federal higher education policies so that student veterans are empowered to meet the needs of our modern workforce. But those reforms must also push the Department of Education to ensure that schools receiving taxpayer dollars are financially stable and are not defrauding veterans. And, in cases where students are cheated, the Department must provide relief so that veterans can have a new start without the burden of debt for an education that went nowhere. Simply put, we have a responsibility to protect those who protect us. I look forward to working with all my colleagues to find solutions that ensure veterans both adequate protection against predatory schools and access to quality college degrees that lead to a rewarding career. Thank you to all our witnesses for being here with us today. I look forward to your testimony and the discussion that will follow. I now yield to the Chairman of the Veterans Affairs Subcommittee on Economic Opportunity, Congressman Mike Levin, for his opening statement. ______ Mr. Levin. Thank you, Chair Davis. It is great to be with all of you this morning. It is great to see you, Mr. Chairman. I appreciate the opportunity to have a joint hearing today between our Veterans' Affairs Subcommittee on Economic Opportunity, and Chair Davis' Subcommittee on Higher Education. I am glad to be doing it here in Southern California, where we all represent, and I am grateful to you all for attending today. This region is home to several hundred thousand veterans, many of whom depend on the GI Bill to obtain higher education as they transition from the military back to civilian life. When we ask our service members to defend our nation, we do so understanding that we owe them a great debt. One way we begin to repay that debt is by offering benefits like the GI Bill. But beyond providing financial support, we have a responsibility to protect student veterans from unscrupulous institutions that seek to take advantage of the benefits that they have earned, institutions that prioritize profits over quality. We must be sure that when our veterans get a degree, they are not just getting a piece of paper but valuable qualifications that prepare them for a career. And that brings us to the issue at hand. We must ensure that GI Bill benefits are being used to serve veterans and not line the pockets of bad actors. A little bit of history; in 1992, Congress began to crack down on bad actors by creating the 85/15 rule. This is all the way back in 1992. The 85/15 rule mandated that each higher education institution could only receive up to 85 percent of its revenues from the Federal Government, since high-quality programs should be able to attract other sources of funding. Think about that: 85 percent. It is hard to believe that a college or university would rely that heavily on Federal aid. Yet, some institutions argued even that was too onerous, and in 1998, six years later, the rule was rolled back to 90/10. But that still was not a low enough threshold for bad actors, so they found a loophole. Veteran and military benefits are currently not counted as Federal aid under the 90/10 rule, making GI Bill funding a target for low-quality institutions. These bad actors use aggressive and often deceptive marketing techniques to recruit vets. They call veterans repeatedly, rush them into a decision, and even stoop as low as recruiting at VA hospitals and Wounded Warrior centers in order to enroll students. They make false promises that their schools' credits are transferable, their policies accommodate deployments, or even falsely guarantee that the veteran will secure a great job upon graduation. These practices cannot be allowed to stand as they are. I was encouraged by the Department of Veterans Affairs' Secretary, Mr. Wilkie, in our budget hearing last month when he recognized that the 90/10 rule needs to be looked at more closely, and I hope our hearing here this morning can further those efforts, as well as explore other ways we can prevent the exploitation of our student veterans, including by reestablishing gainful employment standards. The Obama Administration finalized the gainful employment rule in 2014 to improve the accountability and transparency of higher education programs, and those regulations track whether higher education institutions were awarding degrees that were valued in the workforce to ensure that the institutions were not just degree factories built on exploiting students. Sadly, the current Administration does not share this goal. Instead of building on this work, President Trump and Secretary DeVos have undermined the gainful employment standards and are no longer tracking this important information. These cracks in the system are adding up, making it harder and harder for veterans to find a quality education. We cannot allow this to continue. It is incumbent upon us, all of us, to come together in the best interests of our student veterans to address these issues. I want to thank our witnesses for joining us today as we determine where to focus our efforts. I am especially glad to have Kristyl Rodriguez, who is a constituent and a student veteran, on the panel, and I am also pleased we could be joined by my friend, Bob Muth, who first educated me about these issues years ago. He has done extremely important work. So I look forward to hearing your testimony today, grateful to be here with you, and I will yield back. Mrs. Davis. Thank you very much, Mr. Levin. It is my pleasure now to yield to Chairman Takano of the House Committee on Veterans' Affairs for his opening statement. He is the Chairman of the Veterans' Affairs Committee. I want to make particular note of that as well. Mr. Takano. Yes. To the public it may be confusing that you have three Chairs up here. [Laughter.] Mr. Takano. But let me explain a little. I want to express my gratitude to Susan Davis, who chairs the Education and Labor Subcommittee on Higher Education, and Mr. Levin, who chairs the Subcommittee on Economic Opportunity for the committee I chair, the full committee I chair, which is the Veterans' Affairs Committee. I want to thank these two subcommittee chairs for taking the initiative to organize and put together this very important hearing on the topic that we are going to discuss today on the for-profit college industry and its impacts on student veterans. I will concede that there may be good experiences that some veterans have and that there are some good actors out there, but that does not contradict the basic premise I think that we are going to set out here today, is that the industry, the for- profit college industry, is fundamentally able to take advantage systemically of a loophole in the 90/10 loophole for veterans. While one good experience for a veteran in a for- profit school is great for that particular veteran, it does not erase the many, many, many bad experiences that veterans have had being at the hands of a rapacious for-profit school. Even 100 good experiences does not erase a blunted transition or an unfulfilled promise of reintegration into civilian life for a veteran. One hundred percent perfect transitions and reintegrations into civilian society are probably impossible to achieve, but we have to hold ourselves to a very high standard. We have to aim for that 100 percent as we try to design that transition process. Unfortunately, we have seen too many for-profit schools close their doors abruptly, leaving student veterans holding credits that they cannot transfer and financially crippling student loan debt. From the recent closures of Argosy schools to the closures of ITT Tech and Corinthian Colleges in 2015 and 2016, the sudden and unplanned closures of for-profit schools have been a constant occurrence since the passage of the post-9/11 GI Bill. Congress passed the Servicemen's Readjustment Act in 1944 to help service members and veterans close the opportunity gap with their civilian peers who did not have to step away from their life at home to go and serve the nation during World War II. That is the history of all of this. That legacy has been continued and improved over the years, specifically in the education space with the Montgomery GI Bill and the post-9/11 GI Bill, and most recently in 2017 with the Forever GI Bill. The whole reason why we fund the GI Bill is to provide opportunities to our veterans, not just to thank them for their service but to close the gaps in opportunity and mitigate the disadvantages they faced for choosing to serve their country and putting their community before themselves. While graduation rates and post-graduation employment rates are not a perfect measure of the opportunities afforded to our veterans by the GI Bill, they are the best approximation we currently have. Schools closing their doors mid-semester with no teach-out plan and not providing the students with the ability to transfer their credits to another institution to complete their degree completely undermines the goal of and the reason we have the GI Bill. It is incumbent on Congress to ensure that the GI Bill funding provides the reintegration and readjustment opportunities for our veterans not only as stewards of taxpayer money but also to fulfill the promise of a decent civilian existence and the promise that we have made to our service members upon leaving the military. The single greatest threat to the all-volunteer force is the situation in which our nation's citizens no longer want to serve, and that could happen when future generations see our nation breaking the promises we have made to previous and current generations of service members. This hearing is not about right versus left, free market versus regulation, or Democrat versus Republican. This hearing is about national security and upholding our faith to our service members, the faith our service members have placed in the United States Government. The Obama Administration attempted to address this through the gainful employment rule that went into effect in July 2015. Programs were required to make sure that graduates are gainfully employed and make enough to repay their loans. This rule was intended to protect students and taxpayers from waste and fraud. It is one of the most effective accountability tools that measures opportunities for student veterans upon graduation. It is unconscionable that the Trump Administration has proposed rescinding the rule in favor of for-profit institutions. This Administration's own estimates show that eliminating the rule will cost the government $4.7 billion over 10 years. Another way we can ensure quality is what I mentioned earlier in my remarks, enforcing the 90/10 rule. For those that are unaware, Congress implemented this rule to ensure that for- profit institutions of higher education offered high-quality programs. For-profit institutions of higher education are required by statute to produce 10 percent of their revenue from non-Title IV Federal dollars. Earlier this month we had Secretary Wilkie testify before our full committee, and he recognized that the 90/10 loophole is something that we must seriously review. Including GI Bill benefits in the 90/10 calculations is not a perfect measure of schools who provide opportunities to veterans, but the ones that fail it are the ones that fail veterans. We know that these schools are targeting veterans to stay in compliance with the 90/10 regulations, not out of the pure desire to help veterans. So I urge us to take action today and remove the incentive to target veterans for the wrong reasons. Let's close this 90/ 10 loophole. I look forward to hearing from the witnesses on the impact that targeting student veterans has on those student veterans and what we can do to address the issue. I would like to welcome the student veteran we have here on the panel today. Ms. Rodriguez, welcome. Thank you for serving your community and for serving our country, and thank you for continuing to serve your community by being a willing witness here to address us today. It is great to hear that you are having a good experience at your school, and your school may be a good actor in this space, and I will be interested to hear if the Marines you served with and the veterans you know have been impacted by bad actor schools and for-profit schools that have shut down due to funding issues. Thank you, Madam Chair, and I yield back. Mrs. Davis. Thank you very much, Chairman Takano. I also wanted to just note that, without objection, all other members who wish to insert written statements into the record may do so by submitting them to the Committee Clerk electronically in Microsoft Word format by 5 o'clock on May 7th, 2019. I also wanted to acknowledge our colleague from Nevada, Mrs. Susie Lee. We are just delighted that you have joined us today as well. Thank you. And now I would like to introduce our witnesses. Mr. Robert Muth is the Professor-in-Residence and Managing Attorney of the Veterans Legal Clinic at the University of San Diego School of Law. He served as a Judge Advocate in the United States Marine Corps, where he handled a wide range of criminal matters. While serving as Captain in the Marine Corps, he was deployed to Fallujah as part of Operation Iraqi Freedom. He received his bachelor's degree from Northwestern University and his law degree from Duke University. Thank you for being with us. Chancellor Eloy Ortiz Oakley was appointed by the California Community Colleges Board of Directors in December of 2016. He is best known throughout California and the nation for implementing innovative programs and policies to help students succeed in college. He served four years in the U.S. Army and then enrolled at Golden West College. Chancellor Oakley went on to receive his bachelor's degree and Master of Business Administration from the University of California at Irvine. Thank you for being with us. And Ms. Kristyl Rodriguez served in the U.S. Marine Corps from 2014 to 2018. She served in the field of 3051 as a warehouse supply clerk and ascended to the rank of Sergeant E5 prior to separating. She is currently enrolled at Bellus Academy in Poway under the post-9/11 GI Bill. Kristyl is studying at the barber and cosmetology program at Bellus Academy, and she previously attended a community college. Kristyl is originally from Queens, New York, but she now resides in Oceanside, California. Thank you for being with us, Kristyl, Ms. Rodriguez. Mr. Robert Shireman is the Director of Higher Education Excellence and Senior Fellow at the Century Foundation. He previously served in the Clinton White House as a Senior Policy Adviser to the National Economic Council, and in the Obama Administration as Deputy Under Secretary of Education. Mr. Shireman holds a bachelor's degree in economics from the University of California at Berkeley, a Master's of Education from Harvard, and a Master's in Public Administration from the University of San Francisco. If I could give instructions now to our witnesses, we appreciate again all of you being here and we look forward to your testimony. I want to remind you that we have read your written statements, and they will appear in full in the hearing record. Pursuant to Rule 7(d) and committee practice, each of you is asked to limit your oral presentation to a five-minute summary of your written statement. Pursuant to Title 18 of the U.S. Code, Section 1001--we have to get all this out there--it is illegal to knowingly and willfully falsify any statement, representation, writing, document, or material fact presented to Congress, or otherwise conceal or cover up material fact. Before you begin your testimony, please remember to press the button on the microphone, which I have obviously had trouble doing, so I hope you will do better, so that it will turn on and the members will hear you. As you begin to speak, the clock on the screens above will count down from five minutes until the time is up. We will let the entire panel make their presentations before we move to member questions, and when answering a question please remember once again to turn on your microphone. I will first recognize Mr. Muth. Thank you again. STATEMENT OF ROBERT F. MUTH, J.D., PROFESSOR-IN-RESIDENCE; MANAGING ATTORNEY, VETERANS LEGAL CLINIC, UNIVERSITY OF SAN DIEGO SCHOOL OF LAW, SAN DIEGO, CA Mr. Muth. Thank you. Chairwoman Davis, Chairman Levin, Chairman Takano, and Representative Lee, thank you for inviting me to offer testimony at this important joint hearing on ensuring the success of student veterans. In 2012, I founded the Veterans Legal Clinic at the University of San Diego School of Law to provide pro bono legal representation to veterans harmed by utilizing their veterans' education benefits. Thus far, clinic attorneys and law student interns have assisted hundreds of veterans and military personnel. Virtually all of our clients attended for-profit schools. They have reported problems with recruiting and after enrollment. In the recruitment process, they have been lied to with respect to virtually everything you could be lied to about a program. They have been told false job placement rates. They have been told false expected salaries. They have been told schools were accredited when they were not. With respect to after they have enrolled, the students have been told misrepresentations as to the quality of the instruction and the credentials of the instructors that would be providing them their teaching. They have also been misrepresented with respect to the total cost of the program and the length of the program. We have even had veterans who have been told that the school could accommodate their serious service-connected disabilities when they could not. Two examples I think are illustrative of these concerns. The first is a client we represented who was a United States Marine Corps veteran who was medically retired after sustaining a devastating traumatic brain injury in an enemy attack while serving in Iraq. The Marine attempted to utilize his GI Bill benefits at a for-profit school in order to gain skills that would allow him to be gainfully employed despite his serious service-connected disabilities. The veteran was misled by the school with respect to the overall length and cost of the program. He was also misled with respect to whether the school was accredited or not. After the veteran left the school, we discovered that the school continued to run his GI Bill benefits even though he was no longer enrolled. Many months after he was no longer enrolled, the Department of Veterans Affairs, through its state approving agency, conducted a compliance audit on the school. They determined that the school should never have been approved for accepting GI Bill benefits in the first place and retroactively disapproved the school. They then sent our veteran a letter saying that because the school was no longer approved, even though it was approved at the time he was enrolled, he would be responsible for paying back all of the GI Bill benefits that the school continued to hold. The veteran has no funds, and so the VA instead garnished his disability compensation benefits. In another case, our clinic represented a United States Air Force veteran who attended a large, now-closed for-profit school. The school deliberately misrepresented to the veteran critical information such as job placement rates for the program, average graduate salaries, and the quality of the instruction provided by the school. After spending more than $100,000 on his now-worthless degree, the veteran learned that he had been misled. Virtually none of his fellow classmates were able to get jobs in their chosen field. It was an IT-related program, and the information that they had been trained was more than a decade out of date. Abrupt school closures in the for-profit sector are another common phenomenon and will likely continue. In recent years, more than 22,000 veterans enrolled at for-profit colleges have found themselves left in the lurch when the school they were attending closed. For instance, when the large nationally branded Corinthian Colleges closed, our clinic's intake line was overwhelmed by the number of veterans seeking assistance navigating the destruction left in the wake of the school's closure. In addition to the immediate shock that a student veteran faces when they try to attend class to find the doors closed and a sign in the window saying that the school was closed, veterans often have immediate academic and non-academic concerns. Academically, students often have great difficulty transferring to a quality institution in a timely fashion. Furthermore, student veterans are often unable to acquire their academic transcripts; and even if they are able to do so, they are often bitterly disappointed to discover that no quality institution will accept transfer credits from their for-profit school. Veterans are uniquely harmed in non-academic ways as well when their for-profit school closes. Most student veterans rely upon the housing allowance they receive in conjunction with their GI Bill tuition benefits. When a school closes, many veterans will not only immediately face the closure of their school but also potentially the loss of their home. There are countless other examples of student veterans who tried to use their GI Bill benefits at for-profit schools to better their career prospects but were ultimately left with nothing more than empty promises. The action of bad actors in the for-profit school sector are unfair to student veterans and to the American taxpayers who are grateful for our veterans' service and want to see them succeed. The Department of Education, the VA, and state agencies can and must do more to protect the rights of those who have sacrificed greatly to protect and defend their fellow citizens. Thank you very much for the opportunity to testify today, and I would be happy to answer any questions you may have for me. [The statement of Mr. Muth follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mrs. Davis. Thank you. Mr. Oakley, Chancellor Oakley. STATEMENT OF ELOY ORTIZ OAKLEY, CHANCELLOR, CALIFORNIA COMMUNITY COLLEGES, SACRAMENTO, CA Mr. Oakley. Yes. Good morning to our distinguished Chairs and members of Congress. Thank you for inviting us here to testify. My name is Eloy Ortiz Oakley, and I have the pleasure of being the Chancellor of the California Community Colleges, and my story is very similar to the nearly 2.2 million students that we serve in the California Community Colleges. Coming out of high school, I did not have a clear understanding of how to navigate higher education, nor did I have the resources in my family or my community to provide me clear direction. Instead of attending college, I proudly joined the United States Army on the heels of the Grenada invasion. President Reagan was my Commander-in-Chief, and I served in America's Honor Guard, the 82nd Airborne Division, for most of my enlistment. By the time I found my way to college, I was a father and the primary provider in my family. I worked full time, attended school part time, and eventually made it through Golden West College, on to earning my MBA at the University of California at Irvine. Through hard work, perseverance, the support of committed faculty and staff, and a lot of luck, I am here today proudly serving the nation's largest system of higher education. My goal as Chancellor of the California Community Colleges is to ensure that all students have the opportunity to benefit from high-quality, affordable college education. Each year the California Community Colleges serve nearly 80,000 veterans and active-duty service members. Like the Veterans Resource Center here at Grossmont College, we provide more than academic and career training. We also assist with the often difficult transition to civilian life after military service, particularly after combat service. Our colleges are part of an integrated post-secondary education structure here in California, one that relies on both public and private partners to ensure access for all students. When one sector of higher education is consistently failing our students, it affects our entire system here in California. In recent years, California has been particularly hard hit by the fraudulent practices and abrupt closures of a number of for-profit providers, many of which are nothing more than profiteers whose leadership has never donned our nation's uniform. And because of the benefits provided by the post-9/11 GI Bill and the loopholes in the Federal 90/10 rule, our veteran students are particularly vulnerable to these circumstances. It has been and will continue to be within the mission of the California Community Colleges to serve students affected by these closures. When the Corinthian Colleges shut its doors, my office performed direct outreach and worked with our colleges to serve approximately 16,000 former Corinthian students living in California, about 1,200 of whom were veterans. We offered training and resources, participated in webinars and outreach events, and provided information on transfer credit, loan forgiveness, and tuition recovery. We found that many of these students had received a poor quality education that could not easily transfer. Many faced the expiration of financial aid benefits, and many had massive debt loads. The California Community Colleges are committed to providing students high-quality, low-cost pathways to meaningful college degrees and credentials, and our system certainly will continue to find ways to help students pick up the pieces of their educational goals in the aftermath of the closures. At the same time, we hope Congress will take swift action to support students by providing meaningful oversight, accountability, and student protections, actions that are commensurate with the sacrifices that our veterans have made. From our perspective, meaningful accountability structures must hold colleges responsible for measureable outcomes, ensure career training programs result in wage gains that allow students to at least repay any loan debts they incurred, and to provide students access to reliable, comparable, and consumer- friendly information about cost and performance. To that end, we are in strong support of the consumer protections contained in the Pro-Students Act, as well as those in the Protect Students Act of 2019. Please count on the California Community Colleges as a partner in your efforts to correct these abuses and better serve all of our students, veterans and non-veterans alike. I very much thank you for the opportunity to speak today, and in closing I will just remind us all that our veterans are trained to set aside fear and go directly into the line of fire. I ask us all to set aside the fear that we may have in changing these rules and go directly into the line of fire and make the changes that we need to make to support our students, especially our veteran students. Thank you. [The statement of Mr. Oakley follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mrs. Davis. Thank you, Chancellor. Ms. Rodriguez? STATEMENT OF KRISTYL RODRIGUEZ, OCEANSIDE, CA Ms. Rodriguez. Thank you so much, Chairwoman Davis, Chairman Levin, and Chairman Takano, and all the Members of this committee, for allowing me to share my experience as a student veteran. My name is Kristyl Rodriguez, and I am currently enrolled at the Bellus Academy campus in Poway, California. My program of study is barbering and cosmetology. This is not a traditional college experience, and that is exactly what I love about Bellus Academy. The programs are very hands-on and apply to the work I eventually want to do professionally. In our traditional classroom settings, I was rarely a great student. In fact, what pushed me to even attend was just the chance to play sports in school. I was more of a hands-on and visual learner, and I loved to be creative. When I was younger, I used to be very focused on the creative arts, like drawing and painting, then eventually cutting my own hair. Sadly, as I entered my teenage years, I tuned out that creativity and became consumed with just wanting to be accepted. I struggled with an identity crisis, drug addiction, destructive behavior, alcoholism, and so much violence. I pretty much looked at anything to numb me mentally, and at that time my current reality. Sitting alone in my high school cafeteria one day in my senior year, I decided I needed to take control of my life. This was the beginning of my journey to joining the Marine Corps, but unfortunately I did not get in right away. It took me two years before I could enlist because I kept failing the ASVAB. The ASVAB is the test required to get into the military. I know I am smart, I am just not a test taker. Academics, the kind you find in most college classrooms, were never my thing. But I was committed to pursuing this goal and becoming a Marine. Although I stuck with it and eventually received a passing score, I still did not meet the standard required for women. For months, getting a ship date was my only concern. One random evening I walked into the recruiting office after a night class in the community college I was currently attending at the time, and the Sergeant Majors of the recruiting station happened to be there. My recruiter told me to get up to the pull-up bar and do some pull-ups. I did 15 pull-ups, and the Sergeant Major approved my ASVAB score and waived my access into the military. I qualified for a date, and at the age of 19 I enlisted into the Marines. This is where my passion for hair cutting started to develop, and I really thought I could turn it into a successful venture. We were doing a field operation in Korea, and every Sunday a barber would come into this rugged tent where she set up and cut Marines. When she left, I would cut my own hair. One day, a Marine Sergeant came up to me and asked me if I could do his haircut. I took the opportunity, knowing I had never cut anybody's hair before. He loved his haircut and eventually told other Marines about me. I got very little sleep between guard duty and cutting hair, but it was worth the experience. When I decided to get out last year, I immediately asked myself: ``What is next?'' And the answer was to cut hair and become an entrepreneur through this work. When I transitioned out, I went to a community college and through research I found Bellus Academy. I knew traditional college was not for me. Personally, I do not believe people should have to get a bachelor's or a master's degree to be successful in life. I knew what I wanted to do, and at this point, when I found Bellus Academy, it has a look and feel of top-tier education in the beauty industry, so I enrolled. The administration staff at Bellus Academy are very knowledgeable about VA benefits. I was not sure what to expect when enrolling, but it was pretty smooth. I have been at Bellus Academy for about eight months now and expect to graduate around August of this year. I love that it is a focused program that will get me on track to my career very fast. I am also the proud recipient of the Beauty Changes Life Scholarship. Their mission is to empower the next generation of beauty entrepreneurs, influencers, and visionaries, and it aligns perfectly with my mission. I even have a target date for starting my next venture, a service-disabled, veteran-owned business. I aim to open my own barber salon on May 16th, 2020, which is my mother's birthday. Finally, I would like to highlight some of the recommendations I made in my written remarks. I did not want to come here today without sharing some observations from my recent transition out of the military and on using educational benefits. I suggest that Congress focus on improving the Transition Assistance Program for getting out of the military, as it can be extremely overwhelming. Also, communications between the VA and veterans should be greatly improved. My last recommendation is on the timely processing of VA education benefits. Not one veteran should have to wait for benefits like housing allowance to pay rent and bills, as I did. Fortunately, I had my emergency savings fund to help me cover expenses while I waited, but not everyone has money saved up like I did. Thank you so much for the opportunity to share my story and for allowing me to make a few recommendations at this hearing. I look forward to your questions. [The statement of Ms. Rodriguez follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mrs. Davis. Thank you, Ms. Rodriguez, and thank you for sharing your journey with us. Mr. Shireman, thank you for being with us. Please proceed. STATEMENT OF ROBERT SHIREMAN, DIRECTOR OF HIGHER EDUCATION EXCELLENCE AND SENIOR FELLOW, THE CENTURY FOUNDATION, NEW YORK, NY Mr. Shireman. Thank you for the opportunity to testify. In this country, we have experienced at least four escalations of rampant abuses by for-profit schools fueled by Federal money. The first was after World War II. The 1944 GI Bill is rightly remembered as one of the most effective social policy programs in U.S. history. It gave millions of returning soldiers, including my father, the opportunity to enroll in college. But it also led to systematic abuses at thousands of businesses that sprang up to take advantage of what was essentially a government voucher with no strings attached. After analyzing what had happened, the Eisenhower Administration, in designing the Korean-era GI Bill, included guardrails that seemed to have worked. But by the 1970s, as the nation prepared for veterans returning from the war in Vietnam, for their return to civilian life, the memories of those abuses seemed to have faded. The head of the VA at the time said, in 1971, that the industry had matured and the bad actors were gone. Two years later, though, the abuses reappeared. These scams were carried out not only at storefront schools but also in the burgeoning correspondence school market, the precursor to some versions of today's online schools, and this time it was not just the GI Bill that fueled the sketchy schools but also the new grant and loan programs that had been created in the Higher Education Act of 1965. Congress had initially excluded for-profit schools from the HEA, but lobbyists insisted that if they were held to measureable outcomes, like graduates getting jobs, they would be safe to include for-profits. The new HEA programs undermined one of the guardrails that had worked with the Korean-era GI Bill, a requirement that the school show that it is charging a fair market price by having at least 15 percent of its students supported by private funds. This is the GI Bill precursor to what is today the 90/10 loophole. Also, since the Korean-era GI Bill, accreditation was adopted as one component of oversight. But after that, for- profit schools created their own accrediting agencies that they basically controlled, which then weakened the effectiveness of accreditation as an oversight mechanism. One of the unreliable accreditors in the 1970s was the agency that is now known as ACICS, which in the 2000s gave us Corinthian and other scandals. Secretary King in the previous administration made it clear that inept or corrupt accreditors would not be tolerated. Secretary DeVos has reversed that decision, allowing ACICS to continue as a gatekeeper to the U.S. Treasury. Reforms that were adopted in the Ford Administration disappeared by the time of the Carter Administration. So when there was an expansion of Federally-guaranteed student loans in the 1980s, the scandals reemerged again, with student loan default rates going through the roof. A bipartisan inquiry by the Senate Permanent Subcommittee on Investigations led to a series of hearings, one of which I attended as a young Senate staffer, and multiple volumes of evidence. Reforms were ultimately adopted in 1992, contributing to the closure of more than 1,200 schools. With this history, lawmakers should have known better than to believe it would be safe to relax regulations, but that is exactly what happened. As noted, Congress in 1998 weakened the 85/15 rule that had been adopted in the 1992 reforms. In 2002, after testimony from ITT Tech, which has since gone out of business, the administration declared that the abuses in the student aid programs were no longer possible today, and they created loopholes in the ban on commission-paid sales, the incentive compensation rules. In 2006, after testimony from Corinthian Colleges, Congress adopted a provision that opened the floodgates to unlimited online education. Then we had the return of soldiers from Iraq and Afghanistan, which undermined the effectiveness of 90/10. All of these things combined created the hundreds of thousands of former students who have now filed for their Borrower Defense, have been blocked from getting that return of funds, and on top of that we have an administration that is pulling back on the oversights that were intended to prevent yet another repeat of these abuses. I look forward to your questions. [The statement of Mr. Shireman follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mrs. Davis. Thank you very much, Mr. Shireman. Under Committee Rule 8(a), now we are going to question our witnesses under the five-minute rule. I will start, and then followed by Chairman Levin, Chairman Takano, and Representative Lee. Chancellor Oakley, if I could start with you, please, we greatly appreciate that you are joining us. The California Community Colleges is the largest system of higher education in the country, serving 2.2 million students, and our institutions like Grossmont here ensure that our students, in particular our student veterans, have the supports that they need to achieve academic success. As Chancellor for all 115 community colleges in California, we know you have a lot to share with us. Could you start by just talking--and anytime you say ``history,'' you know it is going to be more than just a quickie. But I wanted you to talk just a little bit about the California Community Colleges system, why it was founded and what is its mission. Mr. Oakley. Well, thank you for the question. The California Community Colleges were founded--originally, our first college was Fresno City College in the early 1900s, and it was founded to provide greater access for students throughout the state, throughout the country. The history of the community colleges in California is very similar to the history of the community colleges in the nation. It was founded to provide greater access to more Californians and more Americans more broadly. Many Americans, particularly those who were coming to California, still had very limited access to higher education institutions, and then more broadly when the master plan for higher education was created in the 1960s, the California Community Colleges were given a direct mission to serve the workforce needs of California, to serve as a preparatory place to transfer students to our four-year university systems, the CSU, the UC, and our private non- profits. Today, it provides the greatest access possible. We have the great privilege because of our mission to serve the top 100 percent of students. You do not have to buy your way into the California Community Colleges. You do not have to take a picture on the crew team to get into the California Community Colleges. [Laughter.] Mr. Oakley. You get to be in the California Community Colleges regardless of what your background is. That is the greatest part of our mission, is to provide access in places like Grossmont, to provide access to a community, whether it is your first time going to college or it is your third or fourth attempt to go to college. Mrs. Davis. Could you then speak to the oversight of the community college system? What does that look like? Do you have to meet state and Federal requirements? Mr. Oakley. Yes. The oversight has many layers. Because we are a public system of higher education, we are subject to all the rules and regulations of any public institution in the state of California. So, for example, here in the Grossmont Community College district, there is direct oversight by the community through the elected members of the Board of Trustees. Each of our 73 districts has members who are either appointed in one case, or in 72 others elected directly by the members of the community that the colleges serve. That is direct accountability and oversight. We also have my office and the Board of Governors for the California Community Colleges, which oversees regulation, appropriation for the community colleges. We work with the governor and the legislature to ensure that our colleges have the greatest access possible and the highest quality education possible through promulgating regulations and supporting legislation. Our fees are set by the California state legislature. They are not set locally. We have the lowest tuition in the country--$46 per unit--by far. And Federally, we fall under the same rules as any other public system of higher education. We access Pell for our students and follow all the rules and regulations regarding Pell, as well as all of the other--well, formerly some of the gainful employment regulations as well, as well as Title 9 and every other regulation promulgated by either Congress or a state legislature. Mrs. Davis. Thank you. I appreciate that. Mr. Shireman, could you just talk to us a little bit about for-profit institutions and whether or not they follow the same oversight at the Federal and state level as community colleges? Mr. Shireman. Yes. The oversight is very different at for- profit institutions. There is no public body, no elected or appointed entity that actually controls that budget. The control of the pricing, spending, any revenue generated that might be above and beyond what is spent, where that can go, they have complete freedom with that money. That is a positive word, freedom. That is a good thing about capitalism. It also is what creates these dynamics where the less you spend on the education, the more you as an owner of that college, the person that controls it, can pocket for themselves. I am sure that Mr. Oakley could make a lot of money if he could do that at the community colleges, but that is not allowed at public institutions or at non-profit institutions, and it is those totally different rules about how you can use your money, the fact that at non-profit institutions the money all has to go back into the institution and cannot be extracted, that is what causes the behavior to be so different, why we have the bulk of the abuses in the for-profit sector. Mrs. Davis. And we know that the state assembly recently passed a series of bills, a package of bills really, on the gainful employment rule, and certainly to close the 90/10 loophole. Just to follow up with you, Mr. Shireman, for a second, why did the state legislature see the need to increase that accountability for for-profit institutions? I think in many ways we have already talked about that, but specifically why did they feel a need to really ---- Mr. Shireman. So, a year or so ago there were some discussions about some legislation like that, and they decided to wait and see what is happening at the Federal level. There was some indication that this Administration might roll back rules and regulations at the Federal level. That has now become very, very clear that most of the guardrails at the Federal level are being pulled back, the enforcement. So the California legislature feels that it is time, that if the Federal Government is not going to do its job in terms of overseeing student loans, the GI Bill, that the state needs to step in and have its own version of a gainful employment rule, make sure that we do not have fake non-profit and public institutions, that we close the 90/10 loophole, strengthen incentive compensation. Mrs. Davis. Thank you. We will probably be talking a little bit more about that. Mr. Muth, are the veteran groups supporting that legislation? Mr. Muth. They are, and I think the reason is pretty clear, that these kinds of protections implemented by the state are going to take the target off the backs of veterans to some extent. I think that is one of the driving problems, that we have incentivized bad behavior at the Federal level. So some of these schools are going to engage in that bad behavior, and so the purpose of, I think, this legislation is to try to curtail some of that. Mrs. Davis. Thank you very much. I do have a letter from Assembly Member Chu and other Members just taking a look at that and why they felt it was necessary to create that. And, if I may, for those of you in the audience, we usually go along with this five-minute rule, so you are trying to talk very fast and ask all of your questions, and they kind of extended me. So I wanted to just get very quickly to Ms. Rodriguez, briefly. You have shared some of your transition to civilian life, but I just wanted to ask you as well about how you decided to go back to school, and you touched on this a little bit. But maybe just share with us, in addition to what you mentioned, which is some homework for us actually, what the greatest challenge is, and what is it about your experience that helped you to address it. Ms. Rodriguez. Thank you for the question. My transition was more mental. When you are transitioning out, you literally have to recreate yourself. When you are trying to find what school you fit in or what fits for you, you do not really know how to choose, and you are going about the counselors and the employees at the school to help you and guide you, but sometimes not everybody knows exactly what they want to do. So then they go and they do these four-year routes, and then they change their minds. But for me in particular, I did not know I wanted to make hair cutting a profession. It was fun for me, and I knew that the traditional college experience was not for me, it was not speaking to me. For me, I want to follow my intuition and my passion, so I said, why not? And that is when I found--for me, high quality is very important, and I did a lot of extensive research on which schools to go to, what schools offered what programs, and then I found that Bellus offered a wide variety. And I said, why not? Instead of just choosing one thing, they have more things that I can choose from. Who knows? Mrs. Davis. Right, and they absolutely fit your need. Thank you so much, all of you. I am going to turn now to Chairman Levin for his questions. Thank you. Mr. Levin. Thank you, Chair Davis. Thank you all for sharing your testimony with us this morning. I really appreciate it. I wanted to dig into several items that you raised, Professor Muth, both in your written testimony and then that you reinforced here. The Colmery GI Bill included funding to make veterans impacted by school closures whole, at least that was the idea. But because of unscrupulous actors, U.S. taxpayers paid more than $300 million. That is a pretty stunning figure. And even this funding does not truly make up for the closures, as you stated in your written testimony, and I quote: ``We cannot give them back the time and effort they have wasted in pursuit of a worthless degree.'' And I certainly agree with that. You also stated that part of the reason for this trend of school closures is variability in oversight across state approving agencies. So my question for you, my first question for you is: what standards do you think state approving agencies should meet in order to ensure uniformity across the country, and how should those standards be enforced? Mr. Muth. Thank you very much for your question. It is a wonderful question. It is a complicated problem. I think right now the way in which the VA is conducting oversight over which schools will be approved to receive GI Bill education dollars is fraught with problems, and it is specifically in the way they have out-sourced this oversight capacity to state approving agencies, as you alluded to in your question, which allows the VA to point at the state approving agencies to say it is their fault when a bad school is allowed to continue enrolling student veterans, and the state approving agencies turn around and point back at the VA and say, ``You have not given us good guidance.'' And also when you have state approving agencies such as here in California that have a reputation for being more aggressive in protecting the rights of student veterans, the VA has come back and undercut those attempts and essentially allowed those schools to continue enrolling student veterans. So I think the first step would be we need more uniformity with respect to what are the expectations that the VA is going to set for the state approving agencies. They need to do a better job supporting those state approving agencies. Right now, I believe that they are underfunded. When you look at the tasks of what they are expected to do with respect to approving schools, they are doing it on a shoestring budget, and in reality I think it is a case of an ounce of prevention will solve us a pound of problems later on down the road in the sense that, as you alluded to, $300 million just for that specific bill to try to solve an issue where veterans were going to schools that they should not have been attending in the first place. If we expand that budget on the front end, hopefully we will be able to ensure that taxpayers are not footing the bill after we have to deal with a devastating loss of a school on the back end. Mr. Levin. Thank you for that. I wanted to follow up. In your written testimony, I was struck by your discussion of a situation in which a state approving agency performed an audit on a school, and then based on the audit's findings the state retroactively disapproved a school that one of your veteran clients attended, and then the VA informed him that he would be responsible for paying back his benefits. I know you alluded to that this morning as well. That is a completely unacceptable situation, a horrible circumstance when you burden a veteran with the cost of their education benefits in this way, and particularly after the failures that you pointed to from the VA and the approving agency at the state level to move forward initially. So my questions are as follows. Should there be a ban on retroactive denial of benefits to ensure a similar situation does not happen to another veteran in the future? Mr. Muth. It is a great question, and actually I described it in the context of that one specific veteran, but this is actually a pretty widespread problem. I have multiple clients who are in this situation where they were enrolled in a school, it was approved at the time they were enrolled, and then all of a sudden the VA comes back after the fact and says you should never have been allowed to enroll in that school. I have had clients who only picked that school because it was approved at the time they enrolled by the VA. So then the VA has a situation: how do we go back and recover those benefits? And they have a choice, I think. They have a choice. They can either go after the school, which is where I think they should be. Why should the school get to keep its ill-gotten gains? But instead, time and time again, they go after the veteran. Why? Because many of my veteran clients are also receiving disability compensation, so you can simply garnish that benefit, which is designed to ensure they are able to meet their living expenses. And instead, the veteran then at that point essentially has to fight through the interminable process of the VA appeals game. So the veteran I mentioned in my oral statement, and also in my written testimony, is still in the appeals process that has been going on now for probably roughly two years. We have been able to negotiate with the VA a payment plan so they take less of his 100 percent disability compensation for his traumatic brain injury, but he is still on the hook as of now for those benefits. Mr. Levin. Unbelievable. If they live in my or Susan's district, maybe we can work on that. Last question for you, and hopefully we will have another round for the others. Mrs. Davis. Yes. Mr. Levin. There was a recent audit conducted by the VA's Office of the Inspector General which reviewed the Veterans Benefits Administration's oversight of state agencies charged with ensuring the quality of education and training programs. The findings estimated that 17,000 students who enroll in the GI Bill program within the next five years will attend more than 5,400, and I quote, ``ineligible or potentially ineligible programs due to poor oversight.'' The VA disputed those numbers, arguing that the data from the IG was flawed. So my question for you is, given your experience working with student veterans affected by poor quality programs, how would you respond to the VA's assessment? Mr. Muth. I think, broadly speaking, the IG got it right. I think if you look at the examples I have laid out just here today where you had veterans attending schools that should never have been approved, and instead that money has gone to those for-profit schools, and at the back end the VA has then tried to recoup that money from the individual veterans. So I think the IG is correct, and they also identified just broader oversight issues that I think go directly to the heart of this problem. If we do not solve it before the veteran enrolls in the first place, we are going to end up paying for it on the back end. Either it is going to be the taxpayers or it is going to be the individual veteran, and neither one of those options is acceptable. Mr. Levin. Well, I really appreciate your testimony. I yield the balance of my time and look forward to working with you on this for many months and years to come. Mr. Muth. Thank you. Mrs. Davis. Thank you. Chairman Takano? Mr. Takano. Thank you, Madam Chair. Ms. Rodriguez, can you share with us what you like most about what you are studying? Ms. Rodriguez. What I like most about where I am currently at with Bellus Academy is the diversity and the culture. For me, being a part of something much bigger than yourself, and then their out-source, so their relationships with other salons, other barbershops are very strong. A lot of those shops are aware of Bellus students and are very accepting for Bellus students to start working at their shops and salons. And to add, I would say just the passion that everyone carries in that school. Again, it makes you feel like it is not just traditional. This is something that we are all a part of and we are making it better, and they are really invested in their students and their future. The biggest thing for me is providing opportunity. You can talk a good game, but if you can provide opportunity, that is where you catch my attention. So, I love where I am at. Mr. Takano. Thank you. Mr. Oakley, are you aware of any of your community college districts spending--what percentage would you say their marketing budgets are to market? Mr. Oakley. Well, the California Community Colleges, fortunately, have such an exceptional reputation in their communities that they have to spend very little on marketing relative to their overall budgets. Typically, you know I'll take for example my last college, with a general fund budget of about $80 million, we are probably spending around $200,000 to $250,000 specifically on marketing. This is primarily on marketing to communities within the area that have a hard time gaining information about going to college. So it is relatively small in comparison to other institutions. Mr. Takano. Mr. Shireman, can you comment on the marketing budgets of typical for-profit colleges? Mr. Shireman. Yes. Typically, a for-profit college's marketing is easily 20, 30, sometimes 40 percent of their total budget, frequently spending more on marketing than on instruction, for example. Mr. Takano. Mr. Oakley, I understand that--I was a Trustee for many years, and California has a 50 percent law, which actually prohibits by law spending more than 50 percent of the college's funds on administration. Fifty percent at least has to be spent on instruction. Are you aware of any case in the California Community Colleges where more money is spent on marketing and advertising than instruction? Mr. Oakley. No, I am not aware of any situation where that would even come close. Mr. Takano. What would be the reaction of, say, the Board of Trustees or the public if they found out that a college president was doing that? Mr. Oakley. It would be a very difficult reaction for the college president. Mr. Takano. Do you think that if the American taxpayer knew that this is what for-profit colleges typically do, that they would be similarly outraged? Mr. Oakley. I think they would. Clearly, there is a need to communicate with families and students, but to the extent that they are marketing with the budgets that they have just means that they are not putting their resources toward supporting students. Mr. Takano. Thank you. When Secretary DeVos testified in front of the Education and Labor Committee a few weeks ago, I asked her about the Department's failure to process Borrower Defense applications despite a court order to do so. It was revealed that the Department has failed to process any claims since that court order in October. We know that at least 160,000 applications are pending and that some of these applications are from student veterans who took out loans on top of their GI Bill to pay for their education. Mr. Muth, you mentioned in your testimony that you have worked with defrauded students whose institutions took out loans in their name unbeknownst to them. How does this happen, and what recourse does a student have to address this? Mr. Muth. That is a great question. I think it happens in two ways. One is just out and out fraud, where the student veteran will discover after the fact that there were loans and they had no idea that this was going on, and the challenge there oftentimes is by the time they figure it out, the school might have already declared bankruptcy and there is really not somebody we can go after. And then in that period of time, the other potential way that happens is the student will be induced to sign promissory notes and told these loans are not really going to ever be due to you, it is just a matter of a bridge until the GI benefits come in. So the veteran is signing paperwork, is not paying attention to the dense words, and ends up walking into something they did not have any idea that they were acquiring. Mr. Takano. Have you worked with students who are waiting for their Borrower Defense applications to be processed? Mr. Muth. Absolutely. There are dozens upon dozens of those 160,000 that you mentioned that are veterans that our clinic has assisted with filing those applications, and none of them have heard anything back, positive or negative. They are just simply waiting. Mr. Takano. Madam Chair, may I ask one more question? Mrs. Davis. Sure, go ahead. Mr. Takano. Thank you. Mrs. Davis. We have been a little more flexible with this because we are all here and we want you to hear everything that is available to you. Mr. Takano. I am still rapidly trying to say these things. [Laughter.] Mr. Takano. In the House, we try to move things along. The VA did not have the authority to restore the GI Bill benefits to defrauded veterans, and so Congress passed the Forever GI Bill to grant that authority. Secretary DeVos already has the authority to process these applications and has failed to do so. Chancellor Oakley, how does the Department of Education's failure to process these applications affect your ability to serve students who want to pursue their education at a California community college? Mr. Oakley. In California, we have the great fortune of being able to waive fees, waive tuition for needy students, and that is a great benefit. However, the cost of attending college is not the cost of tuition. So access to Federal financial aid is critically important for any of our students to be able to attend college and be able to be successful in college. So this particular challenge makes it much more difficult for student veterans to be able to meaningfully participate in their education. Mr. Takano. Mr. Shireman, as a follow-up, beyond granting relief to students, what other protections were included in the Borrower Defense rule to better monitor institutions? Mr. Shireman. The Borrower Defense rule in addition included prevention efforts. Some of those had to do with warnings to accreditors and the Department of Education when there are lawsuits, other kinds of actions that are indicators of problems at schools; also some warnings to students. But I think one of the most important in there had to do with students' legal rights. Mr. Muth mentioned all that fine print that a student signs when they are enrolling in a school at that moment when they are excited about this education that they are going to take, about this future that they are planning for themselves. They sign all those pages and pages. Usually at for-profit schools, but not at public and non-profit schools, hidden in that fine print is something called a forced arbitration clause, a pre-dispute arbitration clause and other provisions that basically say if you have a complaint, you have to come to us first, you cannot complain jointly with other students, and you have to arbitrate and not go to court. All of this means that when there are complaints and problems, students do not get the benefit of knowing that other students have had similar situations where they felt misled, and then regulators do not get information about what is actually happening at the school until it has been going on for years and somebody finally finds a lawyer who is willing to try to challenge the arbitration provisions. So prohibiting that kind of pre-dispute arbitration with regard to Federal aid I think is one of the most important elements of the Borrower Defense rule, and that is threatened by this current administration that does not agree with that. Mrs. Davis. Yes. Thank you very much. Representative Lee? Mrs. Lee. Thank you, and thank you all for your testimony. I come from Las Vegas, Nevada, where in Nevada we have 220,000 veterans, in my district alone 50,000. I am also the product of, the daughter of my father, who was a veteran who got his education quite successfully with the GI Bill and went on to raise a family of eight. So the GI Bill and its intent does produce great results when it is used the way it was intended. Mr. Shireman, I wanted to talk to you a little bit about governance issues, particularly when it comes to for-profit colleges, as well as the accrediting agencies. So many times I have found that the accrediting commissions end up having a majority representation of for-profit presidents, vice presidents, people who have a fiduciary responsibility to their for-profit institution. They then serve on these accrediting agencies. I wanted to ask you, my concern is how can we mitigate against any individual accrediting agency or commission whose boards are comprised of these individuals, especially if they are attempting to oversee pretty much themselves? Is it your recommendation that we should have stricter standards or guidelines on who sits on these boards? Mr. Shireman. I think with regard to for-profit schools, as you said, they are very different when it comes to who they have a responsibility to, and we know that in education sometimes the thing that brings in the most money or the most students is not what is right for the community and not what is right for students. So it becomes very difficult, maybe impossible, for a board of an accrediting agency made up of school owners to impose requirements that will undermine the bottom line of the institutions by suggesting, for example, that maybe they should spend more on instruction, maybe they should have more full-time faculty rather than adjuncts, maybe they should give the faculty a voice in the academics even though that involves some process and some academic freedom, maybe they should spend less on instruction, maybe the owners should take less of the profits, all of those kinds of things that are a direct conflict of interest of the people who are running the accrediting agency. You do not have that situation with public and non-profit institutions. It would be far better if the accrediting agencies for for-profit career schools had employers that were on the boards that were running them, who could vouch for, we are getting great employees trained by these schools, we as employers are putting money into these schools, we believe in them. That would be, I think, a powerful change, and it is up to Congress to decide. The national accrediting agencies that we have were created because of what is allowed by the Federal Government. They did not pre-exist the Federal use of accrediting agencies. So if Congress were to change what qualifies to be an accrediting agency, they would follow suit and I think we would have better oversight from accreditors. Mrs. Lee. So is it your recommendation that you have no representation of for-profit schools on these agencies? Mr. Shireman. I think the nature of boards is they tend to kind of operate in a--they tend to kind of defer. They do things unanimously. And when someone has a fundamental conflict of interest like that, I think it makes sense to bring input from for-profit investor schools' owners, but I am not sure that being on the board is the right way to have that input because of that fundamental conflict of interest. Mrs. Lee. Yes. It is like a self-regulating issue. Mr. Shireman. Exactly, yes. Mrs. Lee. Just one other question about your work on what you call the covert for-profits, for-profit institutions that then have converted to non-profit tax status. I represent the Art Institute in my district, and there has been a lot of confusion about whether or not this is going to become a non- profit institution. Can you expand on your work and elaborate how the incentive structures are different for for-profit institutions in comparison to public and private non-profit institutions? Mr. Shireman. Sure. The two fundamental differences between a for-profit and non-profit is at a non-profit you have to put the money back into the institution. It cannot be extracted. And secondly is the control. The control has to be in the hands of what we think of as trustees who are there acting on behalf of the community and the students. Those differences completely change how the--I think some people think, well, what is the big deal if you take 8 or 10 percent off the top for some profit? But that is not the point. The point is that the DNA of the institution is different, so the behavior is different, in much the same way that the behavior of a bobcat is different from the behavior of a tomcat. They are both cats, but one is much more dangerous than the other one, and that is because of that fundamental difference in their control mechanisms. What we have seen happen with these covert for-profits is that they are basically taking a shell non-profit and inserting the DNA of a for-profit. The folks who had been in control of the prior for-profit have a contract or they own the property. They figure out how they can have people on the boards who basically are funneling money back to them, and it is undermining the integrity of non-profit control. The reason we call it tax status is that we had this good situation in the country where it just so happened that it was the IRS that was the one doing a good job of enforcing the integrity of non-profit status, and that has been undermined by budget cuts at the IRS, so they are basically not doing it anymore. So we have to figure out something else so that we can use non-profit and public status as the effective guardrail that it has been. Mrs. Lee. Thank you. Before I yield my time, I just would like to ask unanimous consent to enter into the record a letter from 20 Attorneys General, including the AGs from Nevada and California, on the role that Attorneys General play in consumer protection and their deep concerns about these for-profit conversions. [The information referred to follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mrs. Davis. Thank you very much. Mrs. Davis. We are going to do hopefully a no more than five-minute second round here. Actually, it is nice not to feel so rigorously watching the clock, because there is a lot to say, and you all have been terrific. We know that students at for-profit institutions are likely to take on more debt, default on that debt, and not complete their degrees. We also know that the Obama Administration took an important step to provide more information to students about student outcomes at institutions across the sector, and that is important for any student and any family that is looking at the opportunities for their son or daughter. So this is important information, I think, to students about student outcomes at institutions across a number of sectors. So I think we can do a lot in this area, and you have talked a little bit about how much money some of the for- profits spend on advertising versus on instruction and those issues. Mr. Shireman, would removing the ban on collecting student- unit record-level data, would that help students make more informed choices? And how could that help Congress provide better oversight of for-profit institutions as well? Mr. Shireman. I think removing the ban would help produce a lot of useful data. In some ways it may not be directly helpful because there is so much information that students get that they have a hard time processing it all and comparing everything. But when those kinds of data are available to counselors and experts who can study it and look at what are the patterns, what is working, what is not working, what are the signs that you have churning going on at a school, students borrowing and then replacing, we would get much earlier warnings on those kinds of problems and be able to better analyze what is happening and take action sooner. So it would absolutely help students directly, and also indirectly by helping the field of advisers and educators and researchers. Mrs. Davis. Would anybody else like to comment on that? This is important information. Sometimes you can put so much information into one of these so-called report cards that maybe confuse people, but there are certain things that are really critical and important. What would you say? Mr. Muth. Yes, Chairwoman. Thank you for the opportunity. I agree with Mr. Shireman that I think this increased access to consumer protection information is important for individuals who are trying to make a wise decision as to how to use their GI benefits, although I do think there is an important role for regulators because there is a danger that somebody who is leaving active duty, particularly in the context of a student veteran, is going to be simply overwhelmed by the volume of data. And also I think it is important to understand what that data means in context. So we can provide all the data we want, but if we do not help provide tools for young students or student veterans who are going to try to use that data, I am afraid there could be a danger that it is just simply too much. But I do think, at the end of the day, it would be an important piece of information for consumer advocates, and also for students trying to make a wise investment. Mrs. Davis. Thank you. Ms. Rodriguez, we certainly again appreciate your personal story today, and we also know--I think, Mr. Muth, you mentioned it, and I think everybody did--that we have students attending today for-profit and not-for-profit schools that are not necessarily traditional students. They may be married, they may be needing housing in a different way, taking care of children, needing child care. So when they lose benefits, when they put out their GI benefit and it has not done what they needed it to do, and, in fact, it has really hurt them, what are the supports that are needed for those students? How should we best address that? Ms. Rodriguez. That is a great question. I think when-- my personal opinion, when I was in the military, I have always tried to put input on Marines, or just in general service members that are transitioning, more that mentorship, and I feel like a lot of active-duty military, they are so--hey, stay in, stay in, stay in, and then you forget about you. You forget about what you want and what you need. And then what happens is you are so committed to finishing your term or your enlistment, and literally days before you are about to get your EAS, it is like, okay, now it is me, and you really do not know what to do, you do not know what choices to make. So what I think is on both ends, active-duty sector and leadership in general, be more in-depth and more one-on-one with each and every service member as far as what they want to do, maybe providing options as far as, hey, this is who you are, I see that you are very strong in this, and I see that you are pretty weak in this, but maybe this would be better for you, and really setting out a plan instead of pushing them. I took the Transition Assistance Program two times because of how overwhelming it was, and because I wanted to be prepared. I wanted--who does not want to be successful? But I think just being more intact and who am I leading and how can we get them to the next step. That is what I would say. Mrs. Davis. Thank you very much. I want to thank all of you again. We are going to go to Chairman Levin now. I personally just greatly admire the fact that you have all been here and doing the work that you do today. Thank you. Mr. Levin. Thank you. Ms. Rodriguez, I wanted to say I am honored that you are one of our constituents in the 49th district in Oceanside. I hope that when you open your barbershop next year, I hope that you open it in the 49th district, and I would like to be there to cut the ribbon. I would also like to introduce you and all the veterans in our district--that applies to Professor Muth as well--to Andy Ortega from our Oceanside district office. It is really important to me that we had a veteran in the district office to serve the veterans in our community, and I am grateful that Andy is doing that for us. I think I speak for everyone here when I hope that all veterans have the opportunity to do what they want to do, as you are doing. In your testimony you expressed that the Transition Assistance Program can be overwhelming, to the point where you did it twice, and stressful given the volume of information. Our committee, the Veterans' Affairs Committee, is working on legislation to create off-base transition assistance programs, and I wanted to ask you about that. The goal of the legislation is to make the transition process easier for service members by giving them more time to access resources and to digest the information while living in their new community off base. So in your mind, with the option of attending off-base transition assistance, would that have benefitted you or your peers in similar situations? And what advice can you share with us as we work to develop this program? Ms. Rodriguez. I think off base or on base would be effective, and then I think the biggest thing is digesting the information. The amount of information that is given is valuable, very valuable. There are tons of resources that are offered, if you know what you want to do. But when you do not, it is not. I would say yes and no to off and on, because it is not a matter of making more. It is how can we make better what we have now, and kind of switching that up maybe, and how effective that is. But whether there is more or less, it can equally be effective, in my opinion. Mr. Levin. Fair enough. I appreciate that. Mr. Shireman, I wanted to get to a couple of things that you said in your written testimony where you detailed how predatory schools manipulate the cohort default rate by placing students into temporary forbearance during the three years in which defaults are monitored, really unbelievable. How can we prevent this gaming of the system, and should the cohort default rate be altered so that students in forbearance are included? Mr. Shireman. Yes, this is one of those situations that seems to happen a lot where you create a measure, and then the industry responds to the measure by finding ways to kind of figure their way around it. We started with a two-year default rate, basically a snapshot after two years of how many people had defaulted, and discovered that it was a bit too easy for schools to kind of push students, because default takes 270 days, and they just push them a bit further, push them past that two years. Then a few years after that two years, Congress recognized we need to change that, changed it to three years, and now we are seeing the same thing happen again. So I think we do need to see some underlying changes to the default rate to prevent some of the gaming count forbearance. The Institute for College Access and Success has made a number of recommendations about improvements to the default rate measure. I think that is important. I think at the same time we should not reject it. I have heard some people say, well, it has not caught many schools recently, but I think a high default rate at a school with a lot of borrowers is still a warning sign. I think we need to know right now that a low three-year rate is not a green light. Until we fix it, we need to keep that in mind, but maintain it and improve it as a measure. Mr. Levin. Thank you. I have one final question, with forgiveness in advance. Mr. Oakley, House Veterans' Affairs is committed to reducing veteran suicides, something we take very seriously, to ensure all service members have the access to mental health services that they need. We have a variety of legislative proposals in that regard. Prevention not only consists of comprehensive health care but also setting veterans up for a successful transition as they leave the service. A 2011 survey found that almost half of veterans at colleges and universities in the U.S. reported thinking about suicide. So my question for you, Chancellor, is: how is suicide prevention a top priority for you, and how do your colleges address suicide risk for students, and in particular veterans? Mr. Oakley. Thank you for the question. It is an unfortunate state of the situation that we find ourselves in, but I think there are several things we are doing as a system and as a state. First and foremost, it is important to remember that our veterans were driven by mission, the opportunity to understand what their mission is on a daily basis, on a weekly basis. They are driven by mission. So when we separate them from that mission and they are trying to figure out what is the next mission, that is a hard transition. We need to do more to ensure that we capture those veterans early, get them into our institutions, give them the support that they need, and help them understand what their next mission in life is. The second thing is we have created veteran resource centers throughout our system. The California state legislature has provided funds to our system to provide specifically mental health services, which are sorely needed by our veterans. Many of them are coming from combat situations. They are trying to make a very difficult transition, and they need access to quality mental health services. So we are trying to provide that. In addition, our veteran resource centers are providing them guidance, support, camaraderie, helping them ensure that we can keep moving them forward. So those are some of the ways we are working with our state legislature. We need more support for mental health services. This is just a drop in the bucket considering the issues that our veterans come with, so we would certainly continue to advocate for more resources to help our veterans with mental health issues. Thank you. Mrs. Davis. Thank you. Chairman Takano? Mr. Takano. Thank you, Madam Chair. Secretary DeVos is actively reducing oversight of higher education institutions. In my opinion, this threatens veterans and non-veterans alike. Mr. Muth, if the 90/10 loophole is not closed and Secretary DeVos does not uphold gainful employment regulations, what would it take for an educational institution to lose eligibility to receive Federal dollars? Mr. Muth. It is a great question. I think the major problem with not having gainful employment and a 90/10 loophole still in existence is it puts a target on the backs of veterans, particularly with respect to the 90/10 rule. It incentivizes recruiters to go seek out veterans to be able to offset that 10 percent of the 90/10 that they need to fix. So at that point, if you stop enforcing any of these regulations, it makes it almost impossible for a school to actually be precluded from receiving GI Bill benefits, especially when that is combined with the current Administration's Department of Education's unwillingness to hold accreditors accountable. That was something that was taken into affect at the end of the previous administration, where they were going to hold accreditors such as ACICS, who has been responsible for accrediting a number of these schools that have been problematic. And now, by letting them off the mat to continue to accredit schools, it creates a scenario where it is really the wild west. There is no reason for these schools ---- Mr. Takano. Well, I see it as a vicious circle, an unvirtuous circle. It would incentivize targeting of veterans, so it would count toward the 10 percent. It would increase and enlarge that institution's ability to then begin to prey upon low-income students on Pell grants. It just means the mal- education of a wider swathe of people. Mr. Shireman, if gainful employment protections are not kept in place, do you expect more for-profit institutions to target prospective veteran students without concern about the quality of education they are offering? Mr. Shireman. I think that is what happened. We saw a lot of schools said the gainful employment rule did help them to pay more attention to the actual outcomes of their students rather than just the ones they were using in their marketing and advertising, and that prompted them to analyze how they were helping students get good jobs and the amounts that they were charging and the links of their programs, and they revamped a lot of that. I think without the gainful employment rule, we would see the recruitment of veterans into programs that then become more like they were before GE, with longer programs, higher costs, and lower quality. It is that quality that helps people get the jobs that bring financial security. Mr. Takano. Thank you. Madam Chair, I ask unanimous consent to enter a letter for the record from the National Student Legal Defense Network about the need for Secretary DeVos to fully implement the gainful employment rule to better protect students and taxpayers. Mrs. Davis. So ordered. [The information referred to follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Takano. A common argument we hear against the 90/10 loophole is that it would limit a student's choice because for- profit institutions might not be able to admit as many student veterans. However, I really disagree with that premise because I think closing the loophole would protect students from fraudulent and aggressive practices such as the ones that Mr. Muth mentions in his testimony. Mr. Muth, do you think that closing the loophole would better protect student veterans? Would it limit their educational choices? Mr. Muth. I am in complete agreement with you, Chairman Takano. I think that it absolutely would not limit veterans' choices, and I think the framing of the question that is raised by those who are opposed to closing this loophole is really the problem. No one is saying that a veteran cannot go to that school. It is a question really of should we as the taxpayers be paying for inferior education to be provided to veterans. So nobody would seriously say we should not have some limits on the types of schools that you can go to, and I think closing that 90/10 loophole is really just one of those metrics to ensure that the veterans are receiving a quality education. Mr. Takano. Thank you for that. Chancellor Oakley, research from Cellini, Darolia and Turner found that students attend public institutions after a shutdown of a for-profit school, and that borrowing and default rates declined as students shifted to higher-quality institutions. Do you think that closing the 90/10 loophole would help community colleges better recruit student veterans? Mr. Oakley. Yes. The California Community Colleges provide high-quality, low-cost pathways for students to post-secondary education. We are the largest workforce education providers. So we feel the 90/10 loophole has made our student veterans a target for predatory colleges. And in closing the loophole, we stand ready to serve those students in our system. Mr. Takano. Madam Chair, before I yield back, I would like to ask unanimous consent to enter a letter for the record from Stephanie Cellini highlighting her work on outcomes in the for- profit sector. Mrs. Davis. So ordered. [The information referred to follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Takano. I yield back. Mrs. Davis. Thank you. Before I go to Representative Lee, we keep talking about 90/10. I think the legislature looked at 85/15. That has been in the law before. What is ideal? What creates the incentive and yet is not perhaps burdensome? Mr. Shireman. The 85/15 that is in the GI Bill was actually very different from the 90/10 that the Department of Education uses. Not only is it a different number, but it is actually program based. So one downside of the 90/10 measure is it is the entire institution. If you have a huge institution, you might have programs that are not really proving themselves, but in the context of the entire institution they pass 90/10. The program-based, that is one benefit of the program basis of the 85/15 rule in that it still exists in the GI Bill but does not really have much impact because of the loopholes that are included in it. But I think examining some of the possibilities for perhaps looking at both, perhaps looking at an institution-wide and a program-based could be useful guardrails as we go forward. Mrs. Davis. Great, looking at the facts. Mr. Shireman. Yes. Mrs. Davis. Representative Lee? Mrs. Lee. Thank you. Ms. Rodriguez, I just wanted to ask you a quick question listening to your recounting of the Transition Assistance Program. One, I heard you try to express that there is a need for it to become service-member-centered. And secondly, I wanted to ask you, do you think that maybe splitting it up--I mean, it seems like right now it is all condensed into one week, or I do not know what the timeframe is. Is it your opinion that maybe splitting it up into segments might offer a better retention for you? Ms. Rodriguez. That is a great question. I do think separating, kind of having some brackets where it is maybe two days here on one week, and then two days another week, because it is five days long, and it is from 7:00 in the morning until 4:30 p.m., and you get an hour lunch. But it is all, again, very repetitive, and it is so much information. I think we look at statistics, and the average span of our attention is, what, 3 seconds? And then I am sitting there and listening to all this and I am like trying to get everything down. Yes, I think separating it up. They do have options where if you feel like you are more the entrepreneur type, you have a two-day course of that. If you want more information about education, higher education, it is more constructive with that as well, but like I said, still vague. It is still information, but it is not constructive. It is not specific to the student, or to the veteran, the service member and their mission and what they want to do. So I would say separating it out. Mrs. Lee. Great. Thank you. Fortunately for you, it seems like your educational experience has worked out, or is working out, but for so many veterans and, sadly, their families, it is not, with over 1,200 college campuses that have closed in the last five years alone. It makes me think of Kendrick Harrison, who is a Nevadan. He was a veteran who fought in Iraq. He was recruited, encouraged to quit his job and then was recruited by a pretty aggressive Argosy University recruiter, and as we know, Argosy closed. During his enrollment, Mr. Harrison was deprived of the critical stipend check to cover rent and other expenses as a result of Argosy illegally keeping nearly $13 million of stipend funds that were originally intended for students. Another example, NBC just aired a story about Andres Figueroa, who is an Army drill sergeant enrolled at Full Sail University to study film, and he was told he was virtually guaranteed employment. However, he found out that jobs never materialized, and it will take him about 10 years to pay off his debt from that experience. I wanted to ask Mr. Muth, Full Sail University ranks fourth on a list of nearly 1,600 schools with official complaints filed at the Department of VA. Is there more the VA could be doing to monitor these institutions? Mr. Muth. That is a great question. The answer is absolutely, yes, there is. I think right now it gets back to that problem in the way the VA is trying to do oversight with essentially out-sourcing it to that state approving agency. Some are going to be better than others. And also, I think right now when you look at it, when a veteran makes a complaint to the VA, it essentially gets dumped into the consumer database, which is great. It allows the FTC and other agencies to potentially take action. But there is nothing being done by the VA to actually investigate those beyond just simply taking in that information and trying to resolve the problem. When you have a school like you described where there are so many complaints--people have been hearing about Full Sail for years, quite frankly, as far as some of the challenges veterans have had there--it seems obvious that would be a great place for the VA to start, those kind of schools that are at the top of the peak as far as students having bad experiences at those institutions. Mrs. Lee. Thank you. I just want to really hit very quickly on cost. Full Sail University costs almost five times as much as a comparable program at a local community college. Chancellor Oakley, can you just expand on why you think there is such a discrepancy in the cost between comparable programs at a school like Full Sail and a community college? Mr. Oakley. Well, first, the California legislature has a specific interest in keeping costs affordable in the State of California. This is true not just of community colleges, which it sets tuition for, but the California State University, the University of California. We have some of the lowest debt levels in the country. That is a good thing. The flip side to that is a university like Full Sail can raise a lot more money per student than we can at times. So it is important that the public continue to invest in higher education, particularly public higher education. Otherwise, we fall victim to the challenges we face today, which is being able to compete on a per-student funding basis with some of these for-profits. There is a reason why veterans are attracted to for- profits. For-profits are offering them something that they want and that they feel that they need. Our colleges, our publicly- funded colleges need to do a better job of responding to that need, and I think greater emphasis on public investment would help us do that, as well as a specific call to action to our colleges to do a better job of responding to the needs of veterans. Mrs. Lee. I yield back. Mrs. Davis. Thank you very much. I guess I would add to that is convenience as well. Mr. Oakley. Absolutely. Mrs. Davis. We need to be very responsive to that. Thank you. Thank you all again. I want to remind my colleagues that pursuant to committee practice--I am going to give a little boilerplate right here, if you do not mind--materials for submission for the hearing record must be submitted to the Committee Clerk within fourteen days following the last day of the hearing, and they must follow the subject matter of the hearing. Only a Member of the committee or an invited witness may submit materials for inclusion in the hearing record. Documents are limited to 50 pages each. Documents longer than 50 pages will be incorporated into the record via an Internet link that you must provide to the Committee Clerk within the required timeframe, but please recognize that years from now that link may no longer work. Again, I wanted to thank all of our witnesses here today. We know that what we have heard is very valuable, and Members of the committee may have some additional questions for you, and we ask the witnesses to please respond to those questions in writing, and the hearing record will be held open for about fourteen days in order to receive those responses. I also wanted to remind my colleagues that pursuant to committee practice, witness questions for the hearing record must be submitted to the Majority Committee Staff or Committee Clerk within seven days. Questions submitted must address, again, the subject matter of the hearing. I now want to just close, and so that you all know where we are as a committee in addressing these issues. Nearly two years ago, I voted to pass the Forever GI Bill to ensure that our nation's veterans can access the benefits of the social mobility that come with a high-quality post-secondary education. But we know, for too many student veterans, that is just not the case. As our witnesses laid out, loopholes in Federal law and weak enforcement have allowed unscrupulous for- profit institutions to aggressively recruit student veterans and then defraud them all on the taxpayer's dime. Despite this, the Department of Education under this Administration has failed to protect students against low- performing institutions, abdicating its responsibility to hold predatory institutions accountable and left students and veterans to fend for themselves. We believe that these consequences are devastating and we want to note that for- profit institutions have continued to treat veterans, as some have chosen to put it, as dollar signs in uniforms to take in tens of billions of Federal aid dollars. Three major for-profit chains have suddenly closed, leaving thousands of student veterans without vital housing assistance, transferrable credits, or degrees, and the victims of these abrupt closures have grappled with the Department of Education unwilling to provide the basic consumer protections and loan relief that they are entitled to. Congress must provide student veterans access to institutions and empower them to succeed in civilian life, not defraud them. In the 116th Congress, the House Education and Labor Committee will pursue reforms of the following: closing that 90/10 loophole to prevent for-profit colleges from aggressively recruiting vulnerable student veterans at the taxpayer's expense; protect students from low-performing institutions that leave graduates worse off than before they enrolled--that is quite a statement, worse off than before they enrolled; ensure loan relief for students impacted by abrupt for-profit closures; prevent for-profit schools from skirting accountability rules by seeking non-profit status; and most importantly, holding the Department of Education accountable for working on behalf of student veterans, not for-profit schools. All of us here today know that our nation's veterans deserve not just our thanks, and certainly that, but a true commitment towards improving their access to higher education and well-paying jobs. So our discussion today, we believe, is an important step. There will be many more discussions and hearings of this nature towards ensuring that no institution can jeopardize the future of its students, like Argosy University did, to the 181 defrauded student veterans who once took classes only 20 minutes away from here. After all, as Mr. Muth reminded us, and I quote, ``We must do more to protect and defend the rights of those who have answered the call to protect and defend their fellow citizens.'' Thank you all so much for believing in this shared goal. If there is no further business, without objection, the committee stands adjourned. Thank you all. [Applause.] [Additional submissions by Chairwoman Davis follow:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] [Whereupon, at 12:21 p.m., the subcommittees was adjourned.]