[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.
____________________