[Congressional Record Volume 158, Number 170 (Sunday, December 30, 2012)]
[House]
[Pages H7439-H7442]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 IMPROVING TRANSPARENCY OF EDUCATION OPPORTUNITIES FOR VETERANS ACT OF 
                                  2012

  Mr. MILLER of Florida. Mr. Speaker, I move to suspend the rules and 
concur in the Senate amendment to the bill (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
  The Clerk read the title of the bill.
  The text of the Senate amendment is as follows:

       Senate 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

[[Page H7440]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. Miller) and the gentleman from Maine (Mr. Michaud) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Florida.


                             General Leave

  Mr. MILLER of Florida. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days in which to revise and extend their 
remarks and add any extraneous material that they may have on the 
Senate amendment to H.R. 4057.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. MILLER of Florida. Mr. Speaker, I yield myself such time as I 
might consume.
  Mr. Speaker, the Senate amendment before us, H.R. 4057, is another 
bipartisan and bicameral product of the work of the House and the 
Senate Committees on Veterans' Affairs to improve the effectiveness of 
GI Bill benefits for our veterans.
  I want to express my appreciation to the Subcommittee on Economic 
Opportunity Chairman Marlin Stutzman, Ranking Member Bruce Braley, and 
our new committee ranking member, Mike Michaud, for working with us to 
bring this amended bill to the House floor today. I also want to thank 
the chairman and ranking member of the Senate Committee on Veterans' 
Affairs, Senators Murray and Burr, for their support of this 
legislation as well.
  The Senate amendment responds to concerns about how to ensure that 
veterans make the best use of their hard-earned GI Bill benefits. Now, 
I think that by adding some very reasonable transparency requirements 
to information provided by schools we have met those concerns really 
without overburdening our colleges and universities with needless 
government regulations.
  The bill, as amended, has four major sections. The first one reflects 
our vice chairman of the full committee Mr. Bilirakis' original 
legislation, slightly modified, which would improve the ability of GI 
Bill users to choose the school that best meets their own educational 
needs. These provisions will help this generation of veterans make 
informed choices about how to use those educational benefits.
  I appreciate the bipartisanship manner in which our colleagues on 
both sides of the aisle have worked to reach an accord on the final 
provisions of this section. I also want to thank the veteran service 
organizations for their assistance, especially the Veterans of Foreign 
Wars, for they have been so supportive of this particular section. I 
also want to thank the higher education associations for their support 
as well.
  Now, section 2 contains additional provisions from the original bill 
that will prohibit schools from paying or offering any type of 
inducement to employees or students for recruiting veterans. It would 
also require the Secretary of Veterans Affairs to carry out enforcement 
of this provision in a manner that is consistent with the Higher 
Education Act.
  Section 3 would require VA to provide a point of contact dedicated to 
assisting schools with questions about VA education policy and 
processes.
  The fourth section would limit the total amount of bonuses or awards 
paid to VA employees to $395 million total in fiscal year 2013, which 
fully pays for the provisions in the Senate amendment.

[[Page H7441]]

  Finally, if properly implemented by VA, and if the multitude of 
Federal, State, and local agencies charged with overseeing the 
education industry properly enforce existing laws and regulations, 
there should be little need for further legislation in this area.
  Regardless, the House Committee on Veterans' Affairs will continue to 
aggressively monitor the implementation of this legislation and the 
performance of the entire education industry to ensure that these 
provisions achieve the desired results.
  I encourage all the Members of this body to support the bill, and I 
reserve the balance of my time.
  Mr. MICHAUD. Mr. Speaker, I yield myself as much time as I may 
consume.
  First of all, I would like to thank the chairman of the Veterans' 
Affairs Committee and the staff of both the majority and the minority 
for their work in putting these two bills together before us today.
  I rise today in support of this bill, H.R. 4057, a bill requiring the 
Department of Veterans Affairs to develop a 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.
  Mr. Speaker, our brave men and women of this country put their lives 
in harm's way to ensure that our freedom is protected. Their actions 
are without reservation or consideration to what may become of their 
lives. We must honor their service by ensuring that they have the 
opportunity to pursue the American Dream when they come home. This 
includes making it affordable for them to buy a home, protecting their 
employment while they are deployed, and allowing them to pursue a 
postsecondary education.
  Our servicemembers are trained for the worst when they are deployed, 
ready to fight in combat, and, if necessary, make the ultimate 
sacrifice. But when they return home, the battle to transition to 
civilian life can be difficult and frustrating. With the passage of the 
post-9/11 GI Bill, which provided generous education benefits, many 
veterans and their dependents took this opportunity to pursue a higher 
education and a better life.
  However, it is not enough to provide a benefit if the veterans do not 
have the proper information on the educational opportunities available 
to them. They need the right tools at the right time to help them 
determine which school is the best one for them. That is why I support 
strongly H.R. 4057.
  This bill will provide our veterans with the necessary information to 
make an intelligent and informed decision when deciding to pursue a 
postsecondary education or vocational training opportunity.
  Education is a key factor for a successful professional life, 
particularly for servicemembers that may have some difficulty 
translating their military skill to civilian employment. This bill 
requires a collective effort from agencies, institutions of higher 
learning, and Congress to help veterans succeed. Furthermore, this bill 
can help ensure a better, well-trained workforce for a more competitive 
America.
  I ask my colleagues to join me in support of H.R. 4057, and I 
respectfully reserve the balance of my time.
  Mr. MILLER of Florida. Mr. Speaker, I'm now happy to yield as much 
time as he might consume to the vice chairman of the full committee, 
Tarpon Springs' favorite son, the gentleman from Florida (Mr. 
Bilirakis).
  Mr. BILIRAKIS. Mr. Speaker, I rise today in strong support of H.R. 
4057, the Improving Transparency of Education Opportunities for 
Veterans Act, as amended by the Senate. I'm truly proud of my 
colleagues in both the House and the Senate for putting aside partisan 
differences and coming together to move this bill through both Chambers 
in the best interests of our true American heroes, our veterans.
  As more and more servicemembers are leaving Active Duty and use their 
post-9/11 GI benefits, there is an increased need for information to 
help them choose institutions of higher learning which maximize their 
benefits and best meet their future career demands.
  My bill, as amended, requires the Secretary of Veterans Affairs to 
create a comprehensive policy, which includes informing veterans about 
their eligibility for educational counseling, creating a centralized 
complaint database on schools, requiring State-approving agencies to 
better communicate with accrediting agencies, establishing how 
information will be presented in the transition assistance program, and 
identifying commercially off-the-shelf available software to assist 
students in choosing a school and evaluating their readiness to attend 
postsecondary institutions.
  I want to express my sincere appreciation to my good friend, Chairman 
Jeff Miller, a fellow Floridian, and also the ranking member, Bob 
Filner, of course, Mr. Michaud, along with Senators Murray and Burr, 
for moving this legislation through both Chambers. I would like to 
thank also Representative Braley, the veterans service organizations, 
and higher education associations for providing feedback on ways to 
improve this bill and their continued support going forward.
  Mr. Speaker, I urge passage of H.R. 4057.

                              {time}  1640

  Mr. MICHAUD. At this time, I yield 3 minutes to the gentlewoman from 
Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE of Texas. I thank Mr. Michaud very much. I thank him 
for his leadership on this legislation. And I thank the chairman of the 
Veterans' Affairs Committee and the author of the bill, along with Mr. 
Michaud and Mr. Bilirakis, for their leadership.
  Texas competes with many States for the number of returning soldiers 
from Iraq and Afghanistan and certainly is known for the presence of 
veterans from almost every single war. We are a State of military 
personnel and military bases, and Houston is known as well for the 
large numbers of veterans residing there.
  I happen to represent the veterans cemetery and interact with 
veterans on a regular basis. We have Ellington Field, which we hope 
will some day hold one of the major commands. So we see veterans every 
day, and we have the opportunity to interact. And we know their dreams 
and aspirations and those of their family members.
  I rise to support H.R. 4057 with the Senate amendment to particularly 
emphasize some very important points. I want veterans to be treated 
fairly. I want them to be able to build on the training and the amount 
of talent that they've built on in the United States military. This 
legislation protects them and acts to help them utilize the post-Iraq 
and Afghanistan GI Bill, one of the most unique initiatives in the 
Nation and one that we supported in a bipartisan way.
  This legislation will allow the VA to conduct a market survey of 
online tools that allow veterans to assess their academic preparedness, 
to pursue postsecondary education training opportunities, and provide 
these veterans with a list of institutions that match the criteria. 
That is our Achilles' heel. Veterans come back, they see a lot of 
advertisements, they are attracted to a number of institutions; but 
they may not work for them. This kind of tracking and guidance will 
say, We really appreciate you; we want you to use these resources in 
the best way possible. In addition, the VA will then be required or 
will be able to secure information from other Departments, like the 
Department of Education, to know about these institutions and guide our 
veterans in the best way possible.
  I see veterans, as I said, all the time. I see homeless veterans. I 
see veterans seeking services. I see veterans, as many of us do, in our 
offices. They want information. They want to be respected. They want to 
be able to contribute in today's society, to help their families, and 
to use those skills where they were serving their Nation in the best 
way possible.
  I believe the gift that we've given them in education should be a 
guided gift to give them the kind of pathway, if you will, that will 
make sure that these resources are used in the best way possible. So I 
support this legislation.
  I would finally say that I additionally support the bill coming up 
about dignified burial and other veterans benefits just to specifically 
say because of my district having the veterans cemetery, because of the 
many issues we have dealt with in the particular cemetery in Houston, 
this is great news to

[[Page H7442]]

know that no veteran will be undermined in their burial, no veteran 
will be in an undignified burial because of this legislation.
  I thank my colleagues for moving forward on recognizing that our 
veterans have sacrificed for us. We need now to respect that and 
sacrifice for them.
  With that, I ask my colleagues to support the legislation.
  Mr. MILLER of Florida. Mr. Speaker, I would like to inquire as to 
whether my friend has any more speakers. If not, I reserve the balance 
of time, as we have no more speakers.
  Mr. MICHAUD. I have no further speakers, and I yield back the balance 
of my time.
  Mr. MILLER of Florida. Mr. Speaker, I once again encourage all 
Members to support the Senate amendment to H.R. 4057, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Florida (Mr. Miller) that the House suspend the rules 
and concur in the Senate amendment to the bill, H.R. 4057.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. MICHAUD. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.
  The point of no quorum is considered withdrawn.

                          ____________________