[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4057 Engrossed Amendment Senate (EAS)]

                  In the Senate of the United States,

                                                     December 19, 2012.
    Resolved, That the bill from the House of Representatives (H.R. 
4057) entitled ``An Act 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.'', do pass with the 
following

                               AMENDMENT:

            Strike all after the enacting clause and insert the 
      following:

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:
``Sec. 3698. Comprehensive policy on providing education information to 
              veterans
    ``(a) Comprehensive Policy Required.--The Secretary shall 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.
    ``(b) Scope.--In developing the policy required by subsection (a), 
the Secretary shall include each of the following elements:
            ``(1) Effective and efficient methods to inform individuals 
        of the educational and vocational counseling provided under 
        section 3697A of this title.
            ``(2) A centralized mechanism for tracking and publishing 
        feedback from students and State approving agencies regarding 
        the quality of instruction, recruiting practices, and post-
        graduation employment placement of institutions of higher 
        learning that--
                    ``(A) allows institutions of higher learning to 
                verify feedback and address issues regarding feedback 
                before the feedback is published;
                    ``(B) protects the privacy of students, including 
                by not publishing the names of students; and
                    ``(C) publishes only feedback that conforms with 
                criteria for relevancy that the Secretary shall 
                determine.
            ``(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) information regarding the State 
        approving agency's evaluation of an institution of higher 
        learning.
            ``(4) Description of the information provided to 
        individuals participating in the Transition Assistance Program 
        under section 1144 of title 10 relating to institutions of 
        higher learning.
            ``(5) Effective and efficient methods 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.--(1) The Secretary shall 
ensure that the information provided pursuant to subsection (b)(5) 
includes--
            ``(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
            ``(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 any 
                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 
                individuals upon completion of programs of education at 
                the institution of higher learning (as determined from 
                information collected by the Secretary of Education);
                    ``(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;
                    ``(viii) the total enrollment, graduation rate, and 
                retention rate, as determined from information 
                collected by the Integrated Postsecondary Education 
                Data System of the Secretary of Education;
                    ``(ix) whether the institution provides students 
                with technical support, academic support, and other 
                support services, including career counseling and job 
                placement; and
                    ``(x) the information regarding the institution's 
                policies related to transfer of credit from other 
                institutions, as required under section 485(h)(1) of 
                the Higher Education Act of 1965 (20 U.S.C. 1092(h)(1)) 
                and provided to the Secretary of Education under 
                section 132(i)(1)(V)(iv) of such Act (20 U.S.C. 
                1015a(i)(1)(V)(iv)).
    ``(2) To the extent practicable, the Secretary shall provide the 
information described in paragraph (1) by including hyperlinks on the 
Internet website of the Department to other Internet websites that 
contain such information, including the Internet website of the 
Department of Education, in a form that is comprehensive and easily 
understood by veterans, members of the Armed Forces, and other 
individuals.
    ``(3)(A) If the Secretary of Veterans Affairs requires, for 
purposes of providing information pursuant to subsection (b)(5), 
information that has been reported, or information that is similar to 
information that has been reported, by an institution of higher 
learning to the Secretary of Education, the Secretary of Defense, the 
Secretary of Labor, or the heads of other Federal agencies under a 
provision of law other than under this section, the Secretary of 
Veterans Affairs shall obtain the information the Secretary of Veterans 
Affairs requires from the Secretary or head with the information rather 
than the institution of higher learning.
    ``(B) If the Secretary of Veterans Affairs requires, for purposes 
of providing information pursuant to subsection (b)(5), information 
from an institution of higher learning that has not been reported to 
another Federal agency, the Secretary shall, to the degree practicable, 
obtain such information through the Secretary of Education.
    ``(d) Consistency With Existing Education Policy.--In carrying out 
this section, the Secretary shall ensure that--
            ``(1) the comprehensive policy is consistent with any 
        requirements and initiatives resulting from Executive Order No. 
        13607; and
            ``(2) the efforts of the Secretary to implement the 
        comprehensive policy do not duplicate the efforts being taken 
        by any Federal agencies.
    ``(e) Communication With Institutions of Higher Learning.--To the 
extent practicable, if the Secretary considers it necessary to 
communicate with an institution of higher learning to carry out the 
comprehensive policy required by subsection (a), the Secretary shall 
carry out such communication through the use of a communication system 
of the Department of Education.
    ``(f) Definitions.--In this section:
            ``(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 sections 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.''.
    (b) Survey.--In developing the policy required by section 3698(a) 
of title 38, United States Code, as added by subsection (a), the 
Secretary of Veterans Affairs shall conduct a market survey to 
determine the availability of the following:
            (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.
    (c) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Veterans Affairs shall submit to the 
appropriate committees of Congress a report that includes--
            (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);
            (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.
    (d) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Veterans' Affairs and the 
                Committee on Health, Education, Labor, and Pensions of 
                the Senate; and
                    (B) the Committee on Veterans' Affairs and the 
                Committee on Education and the Workforce of the House 
                of Representatives.
            (2) Commercially available off-the-shelf.--The term 
        ``commercially available off-the-shelf'' has the meaning given 
        that term in section 104 of title 41, United States Code.
            (3) Postsecondary education and training opportunities.--
        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. PROHIBITION ON CERTAIN USES OF INDUCEMENTS BY EDUCATIONAL 
              INSTITUTIONS.

    Section 3696 of title 38, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d)(1) The Secretary shall not approve under this chapter any 
course offered by an educational institution if the educational 
institution provides any commission, bonus, or other incentive payment 
based directly or indirectly on success in securing enrollments or 
financial aid to any persons or entities engaged in any student 
recruiting or admission activities or in making decisions regarding the 
award of student financial assistance.
    ``(2) To the degree practicable, the Secretary shall carry out 
paragraph (1) in a manner that is consistent with the Secretary of 
Education's enforcement of section 487(a)(20) of the Higher Education 
Act of 1965 (20 U.S.C. 1094(a)(20)).''.

SEC. 3. DEDICATED POINTS OF CONTACT FOR SCHOOL CERTIFYING OFFICIALS.

    Section 3684 of title 38, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d) Not later than 90 days after the date of the enactment of 
this subsection, the Secretary shall ensure that the Department 
provides personnel of educational institutions who are charged with 
submitting reports or certifications to the Secretary under this 
section with assistance in preparing and submitting such reports or 
certifications.''.

SEC. 4. LIMITATION ON AWARDS AND BONUSES TO EMPLOYEES OF DEPARTMENT OF 
              VETERANS AFFAIRS.

    For fiscal year 2013, the Secretary of Veterans Affairs may not pay 
more than $395,000,000 in awards or bonuses under chapter 45 or 53 of 
title 5, United States Code, or any other awards or bonuses authorized 
under such title.

            Attest:

                                                             Secretary.
112th CONGRESS

  2d Session

                               H.R. 4057

_______________________________________________________________________

                               AMENDMENT