[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4057 Reported in House (RH)]
Union Calendar No. 464
112th CONGRESS
2d Session
H. R. 4057
[Report No. 112-646]
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
February 16, 2012
Mr. Bilirakis introduced the following bill; which was referred to the
Committee on Veterans' Affairs
September 10, 2012
Additional sponsors: Ms. Hanabusa, Ms. McCollum, Mr. Michaud, Mr.
Owens, Mr. Gene Green of Texas, Ms. Pingree of Maine, Mr. Higgins, Mr.
Cassidy, Mr. Lipinski, Mr. Culberson, Mr. Jackson of Illinois, Mr.
Carter, Mr. Sherman, Mr. Filner, Mrs. McCarthy of New York, Ms.
Bordallo, Mr. Ryan of Ohio, Mr. Rush, Mr. Calvert, Mr. McKinley, Mr.
Holt, Mr. Hanna, Ms. Hirono, Mr. Cicilline, and Mr. Rangel
September 10, 2012
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
February 16, 2012]
_______________________________________________________________________
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.
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.
Union Calendar No. 464
112th CONGRESS
2d Session
H. R. 4057
[Report No. 112-646]
_______________________________________________________________________
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.
_______________________________________________________________________
September 10, 2012
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed