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Committee Print
(Reflecting the actions of the Committee on Veterans Affairs on July 11, 2012)

112TH CONGRESS 2D SESSION

H. R. 4057

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to develop a comprehensive policy to improve outreach and transparency to veterans and members of the Armed Forces through the provision of information on institutions of higher learning, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

A BILL
To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to develop a comprehensive policy to improve outreach and transparency to veterans and members of the Armed Forces through the provision of information on institutions of higher learning, and for other purposes. 1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

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2 1 2 3 4 5 6
SECTION 1. COMPREHENSIVE POLICY ON PROVIDING EDUCATION INFORMATION TO VETERANS.

(a) COMPREHENSIVE POLICY REQUIRED. (1) IN

GENERAL.Chapter

36 of title 38,

United States Code, is amended by adding at the end the following new section:

7 3698. Comprehensive policy on providing edu8 9

cation information to veterans

(a) COMPREHENSIVE POLICY REQUIRED.The Sec-

10 retary shall develop a comprehensive policy to improve out11 reach and transparency to veterans and members of the 12 Armed Forces through the provision of information on in13 stitutions of higher learning. 14 (b) SCOPE.In developing the policy required by

15 subsection (a), the Secretary shall include each of the fol16 lowing elements: 17 18 19 20 21 22 23 24 25 (1) The most effective way to inform individuals of the educational and vocational counseling provided under section 3697A of this title. (2) A centralized way to track and publish feedback from students and State approving agencies regarding the quality of instruction and accreditation, recruiting practices, and post-graduation employment placement of institutions of higher learning.

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3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (3) The merit of and the manner in which a State approving agency shares with an accrediting agency or association recognized by the Secretary of Education under subpart 2 of part H of title IV of the Higher Education Act of 1965 (20 U.S.C. 1099b et seq.) information regarding the State approving agencys evaluation of an institution of higher learning. (4) The manner in which information regarding institutions of higher learning is provided to individuals participating in the Transition Assistance Program under section 1144 of title 10. (5) The most effective way to provide veterans and members of the Armed Forces with information regarding postsecondary education and training opportunities available to the veteran or member. (c) POSTSECONDARY EDUCATION INFORMATION.

18 (1) The Secretary shall ensure that the information pro19 vided pursuant to subsection (b)(5) includes 20 21 22 23 24 (A) an explanation of the different types of accreditation available to educational institutions and programs of education; (B) a description of Federal student aid programs; and

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4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (C) for each institution of higher learning, for the most recent academic year for which information is available (i) whether the institution is public, private nonprofit, or proprietary for-profit; (ii) the name of the national or regional accrediting agency that accredits the institution, including the contact information used by the agency to receive complaints from students; (iii) information on the State approving agency, including the contact information used by the agency to receive complaints from students; (iv) whether the institution participates in programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); (v) the tuition and fees; (vi) the median amount of debt from Federal student loans under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) held by students at institution; (vii) the cohort default rate, as defined in section 435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)), of the institution;

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5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (viii) the enrollment rates, graduation rates, and retention rates; (ix) for each program of education offered by the institution that is designed to prepare a student for an occupation that requires a licensure or certification test offered by a Federal, State, or local government or has other preconditions or requirements, the degree to which the program prepares the student for the particular occupation; (x) whether the institution provides students with technical support, academic support, and other support services, including career counseling and job placement; and (xi) whether the institution accepts academic credit by students who are transferring to the institution, including credits awarded by a proprietary for-profit institution. (2) To the extent possible, the Secretary shall pro-

20 vide the information described in paragraph (1) by includ21 ing hyperlinks on the Internet website of the Department 22 to other websites that contain such information in a form 23 that is comprehensive and easily understood by veterans, 24 members, and other individuals. 25 (d) DEFINITIONS.In this section:

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6 1 2 3 4 5 6 7 8 9 10 11 12 13 (1) The term institution of higher learning has the meaning given that term in section 3452(f) of this title. (2) The term postsecondary education and training opportunities means any postsecondary program of education, including apprenticeships and on-job training, for which the Secretary of Veterans Affairs provides assistance to a veteran or member of the Armed Forces.. (2) CLERICAL
AMENDMENT.The

table of sec-

tions at the beginning of such chapter is amended by adding after the item relating to section 3697A the following new item:
3698. Comprehensive policy on providing education information to veterans..

14

(b) PROHIBITION

ON

INDUCEMENTS.Section 3696

15 of title 38, United States Code, is amended by adding at 16 the end the following new subsection: 17 (e) The Secretary shall not approve an educational

18 institution if the educational institution provides any com19 mission, bonus, or other incentive payment based directly 20 or indirectly on success in securing enrollments or finan21 cial aid to any persons or entities engaged in any student 22 recruiting or admission activities or in making decisions 23 regarding the award of student financial assistance.. 24 (c) SURVEY.In developing the policy required by

25 section 3698(a) of title 38, United States Code, as added

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7 1 by subsection (a), the Secretary shall conduct a market 2 survey to determine the availability of the following: 3 4 5 6 7 8 9 10 11 12 13 14 15 (1) A commercially available off-the-shelf online tool that allows a veteran or member of the Armed Forces to assess whether the veteran or member is academically ready to engage in postsecondary education and training opportunities and whether the veteran or member would need any remedial preparation before beginning such opportunities. (2) A commercially available off-the-shelf online tool that provides a veteran or member of the Armed Forces with a list of providers of postsecondary education and training opportunities based on criteria selected by the veteran or member. (d) REPORT.Not later than 90 days after the date

16 of the enactment of this Act, the Secretary shall submit 17 to the Committees on Veterans Affairs of the House of 18 Representatives and the Senate, the Committee on Edu19 cation and the Workforce of the House of Representatives, 20 and the Committee on Health, Education, Labor, and 21 Pensions of the Senate a report that includes 22 23 24 (1) a description of the policy developed by the Secretary under section 3698(a) of title 38, United States Code, as added by subsection (a);

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8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (2) a plan of the Secretary to implement such policy; and (3) the results of the survey conducted under subsection (b), including whether the Secretary plans to implement the tools described in such subsection. (e) DEFINITIONS.In this section: (1) The term commercially available off-theshelf has the meaning given that term in section 104 of title 41, United States Code. (2) The term postsecondary education and training opportunities means any postsecondary program of education, including apprenticeships and on-job training, for which the Secretary of Veterans Affairs provides assistance to a veteran or member of the Armed Forces.
SEC. 2. STATE CONSIDERATION OF MILITARY TRAINING IN GRANTING CERTAIN STATE CERTIFICATIONS AND LICENSES AS A CONDITION ON THE RECEIPT OF FUNDS FOR VETERANS EMPLOYMENT AND TRAINING.

(a) IN GENERAL.Section 4102A(c) of title 38,

23 United States Code, is amended by adding at the end the 24 following:

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9 1 (9)(A) As a condition of a grant or contract under

2 which funds are made available to a State in order to carry 3 out section 4103A or 4104 of this title for any program 4 year, the Secretary shall require the State to disclose to 5 the Secretary in writing the following: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (i) Criteria applicants must satisfy to receive a certification or license described in subparagraph (B) by the State. (ii) A description of the standard practices of the State for evaluating training received by veterans while serving on active duty in the Armed Forces and evaluating the documented work experience of such veterans during such service for purposes of approving or denying a certification or license described in subparagraph (B). (iii) Identification of areas in which training and experience described in clause (ii) fails to meet criteria described in clause (i). (B) A certification or license described in this sub-

20 paragraph is any of the following: 21 22 23 24 25 (i) A license to be a nonemergency medical professional. (ii) A license to be an emergency medical professional. (iii) Any commercial drivers license.

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10 1 (C) The Secretary shall share the information the

2 Secretary receives under subparagraph (A)(ii) with the 3 Secretary of Defense to help the Secretary of Defense im4 prove training for military occupational specialties so that 5 individuals who receive such training are able to receive 6 a certification or license described in subparagraph (B) 7 from a State. 8 (D) The Secretary shall publish on the Internet

9 website of the Department 10 11 12 13 14 15 (i) any guidance the Secretary gives the Secretary of Defense with respect to carrying out this section; and (ii) any information the Secretary receives from a State pursuant to subparagraph (A).. (b) EFFECTIVE DATE.The amendment made by

16 subsection (a) shall apply with respect to a program year 17 beginning on or after October 1, 2013. 18 19 20 21 22 23 24 25
SEC. 3. CONDITIONS ON THE AWARD OF PER DIEM PAYMENTS BY THE SECRETARY OF VETERANS AFFAIRS FOR THE PROVISION OF HOUSING OR SERVICES TO HOMELESS VETERANS.

(a) CONDITION. (1) IN

GENERAL.Paragraph

(1) of section

2012(c) of title 38, United States Code, is amended to read as follows:

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11 1 (1) Except as provided in paragraph (2), a per diem

2 payment may not be provided under this section to a grant 3 recipient or eligible entity unless the entity submits to the 4 Secretary a certification that the building where the entity 5 provides such housing or services is in compliance with 6 codes relevant to the operations and level of care provided, 7 including the most current Life Safety Code or Inter8 national Fire Code and all applicable State and local hous9 ing codes, licensing requirements, fire and safety require10 ments, and any other requirements in the jurisdiction in 11 which the project is located regarding the condition of the 12 structure and the operation of the supportive housing or 13 service center.. 14 15 16 17 18 19 (2) EFFECTIVE
DATE.The

amendment made

by paragraph (1) shall apply with respect to an application for a per diem payment under section 2012 of title 38, United States Code, submitted on or after the date of the enactment of this Act. (b) ANNUAL REPORT.Section 2065(b) of title 38,

20 United States Code, is amended 21 22 23 24 (1) by redesignating paragraph (6) as paragraph (7); and (2) by inserting after paragraph (5) the following new paragraph (6):

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12 1 2 3 4 5 6 7 8 (6) The Secretarys evaluation of the safety and accessibility of facilities used to provide programs established by grant recipients or eligible entities under section 2011 and 2012 of this title, including the number of such grant recipients or eligible entities who have submitted a certification under section 2012(c)(1).. (c) TREATMENT
OF

CURRENT RECIPIENTS.In the

9 case of the recipient of a per diem payment under section 10 2012 of title 38, United States Code, that receives such 11 a payment during the year in which this Act is enacted, 12 the Secretary of Veterans Affairs shall require the recipi13 ent to submit the certification required under section 14 2012(c)(1) of such title, as amended by subsection (a)(1), 15 by not later than two years after the date of the enactment 16 of this Act. If the recipient fails to submit such certifi17 cation by such date, the Secretary may not make any addi18 tional per diem payments to the recipient under such sec19 tion 2012 until the recipient submits such certification. 20 21
SEC. 4. ESTABLISHMENT OF OPEN BURN PIT REGISTRY.

(a) ESTABLISHMENT

OF

REGISTRY.Not later than

22 180 days after the date of the enactment of this Act, the 23 Secretary of Veterans Affairs shall 24 25 (1) establish and maintain an open burn pit registry for eligible individuals who may have been

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13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 exposed to toxic chemicals and fumes caused by open burn pits; (2) include any information in such registry that the Secretary of Veterans Affairs determines necessary to ascertain and monitor the health effects of the exposure of members of the Armed Forces to toxic chemicals and fumes caused by open burn pits; (3) develop a public information campaign to inform eligible individuals about the open burn pit registry, including how to register and the benefits of registering; and (4) periodically notify eligible individuals of significant developments in the study and treatment of conditions associated with exposure to toxic chemicals and fumes caused by open burn pits. (b) REPORT TO CONGRESS. (1) REPORT
BY INDEPENDENT SCIENTIFIC OR-

GANIZATION.The

Secretary of Veterans Affairs

shall enter into an agreement with an independent scientific organization to develop a report containing the following: (A) An assessment of the effectiveness of actions taken by the Secretaries to collect and maintain information on the health effects of

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14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 exposure to toxic chemicals and fumes caused by open burn pits. (B) Recommendations to improve the collection and maintenance of such information. (C) Using established and previously published epidemiological studies, recommendations regarding the most effective and prudent means of addressing the medical needs of eligible individuals with respect to conditions that are likely to result from exposure to open burn pits. (2) SUBMITTAL
TO CONGRESS.Not

later than

18 months after the date on which the registry under subsection (a) is established, the Secretary of Veterans Affairs shall submit to Congress the report developed under paragraph (1). (c) DEFINITIONS.In this section: (1) The term open burn pit means an area of land located in Afghanistan or Iraq that (A) is designated by the Secretary of Defense to be used for disposing solid waste by burning in the outdoor air; and (B) does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste.

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15 1 2 3 4 5 6 7 8 9 10 11 (2) The term eligible individual means any individual who, on or after September 11, 2001 (A) was deployed in support of a contingency operation while serving in the Armed Forces; and (B) during such deployment, was based or stationed at a location where an open burn pit was used.
SEC. 5. PERFORMANCE AWARDS IN THE SENIOR EXECUTIVE SERVICE.

For each of fiscal years 2013 through 2017, the Sec-

12 retary of Veterans Affairs may not pay more than 13 $1,000,000 in performance awards under section 5384 of 14 title 5, United States Code.

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