[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4057 Referred in Senate (RFS)]

112th CONGRESS
  2d Session
                                H. R. 4057


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2012

Received; read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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) 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.
            ``(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 agency's 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.--(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 
                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;
                    ``(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 provide the 
information described in paragraph (1) by including hyperlinks on the 
Internet website of the Department to other websites that contain such 
information in a form that is comprehensive and easily understood by 
veterans, members, and other individuals.
    ``(d) 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) Prohibition on Inducements.--Section 3696 of title 38, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(e) The Secretary shall not approve 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.''.
    (c) Survey.--In developing the policy required by section 3698(a) 
of title 38, United States Code, as added by subsection (a), the 
Secretary 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.
    (d) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary shall submit to the Committees on Veterans' 
Affairs of the House of Representatives and the Senate, the Committee 
on Education and the Workforce of the House of Representatives, and the 
Committee on Health, Education, Labor, and Pensions of the Senate 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.
    (e) Definitions.--In this section:
            (1) The term ``commercially available off-the-shelf'' 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, United States Code, 
is amended by adding at the end the following:
    ``(9)(A) As a condition of a grant or contract under which funds 
are made available to a State in order to carry out section 4103A or 
4104 of this title for any program year, the Secretary shall require 
the State to disclose to the Secretary in writing the following:
            ``(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 subparagraph is 
any of the following:
            ``(i) A license to be a nonemergency medical professional.
            ``(ii) A license to be an emergency medical professional.
            ``(iii) Any commercial driver's license.
    ``(C) The Secretary shall share the information the Secretary 
receives under subparagraph (A)(ii) with the Secretary of Defense to 
help the Secretary of Defense improve training for military 
occupational specialties so that individuals who receive such training 
are able to receive a certification or license described in 
subparagraph (B) from a State.
    ``(D) The Secretary shall publish on the Internet website of the 
Department--
            ``(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 subsection (a) shall 
apply with respect to a program year beginning on or after October 1, 
2013.

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:
    ``(1) Except as provided in paragraph (2), a per diem payment may 
not be provided under this section to a grant recipient or eligible 
entity unless the entity submits to the Secretary a certification that 
the building where the entity provides such housing or services is in 
compliance with codes relevant to the operations and level of care 
provided, including the most current Life Safety Code or International 
Fire Code and all applicable State and local housing codes, licensing 
requirements, fire and safety requirements, and any other requirements 
in the jurisdiction in which the project is located regarding the 
condition of the structure and the operation of the supportive housing 
or service center.''.
            (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, United States 
Code, is amended--
            (1) by redesignating paragraph (6) as paragraph (7); and
            (2) by inserting after paragraph (5) the following new 
        paragraph (6):
            ``(6) The Secretary's 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 case of the recipient 
of a per diem payment under section 2012 of title 38, United States 
Code, that receives such a payment during the year in which this Act is 
enacted, the Secretary of Veterans Affairs shall require the recipient 
to submit the certification required under section 2012(c)(1) of such 
title, as amended by subsection (a)(1), by not later than two years 
after the date of the enactment of this Act. If the recipient fails to 
submit such certification by such date, the Secretary may not make any 
additional per diem payments to the recipient under such section 2012 
until the recipient submits such certification.

SEC. 4. ESTABLISHMENT OF OPEN BURN PIT REGISTRY.

    (a) Establishment of Registry.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Veterans Affairs 
shall--
            (1) establish and maintain an open burn pit registry for 
        eligible individuals who may have been 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 organization.--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 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.
            (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 Secretary of 
Veterans Affairs may not pay more than 


              

$1,000,000 in performance awards under section 5384 of title 5, United 
States Code.

            Passed the House of Representatives September 11, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.