[United States Statutes at Large, Volume 126, 112th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 112-249
112th Congress

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) 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.

[[Page 2399]]

``(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

[[Page 2400]]

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

[[Page 2401]]

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.''.

[[Page 2402]]

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.

Approved January 10, 2013.

LEGISLATIVE HISTORY--H.R. 4057:
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HOUSE REPORTS: No. 112-646 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 158 (2012):
Sept. 11, considered and passed House.
Dec. 19, considered and passed Senate, amended.
Dec. 30, House concurred in Senate amendment.