IB 

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] 


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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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. COMPREHENSIVE POLICY ON PROVIDING EDU4 CATION INFORMATION TO VETERANS. 

5 (a) COMPREHENSIVE POLICY REQUIRED.— 

6 (1) IN GENERAL.—Chapter 36 of title 38, United 

7 States Code, is amended by adding at the end the fol8 lowing new section: 

9 ‘‘§ 3698. Comprehensive policy on providing education 

10 information to veterans 

11 ‘‘(a) COMPREHENSIVE POLICY REQUIRED.—The Sec12 retary shall develop a comprehensive policy to improve out13 reach and transparency to veterans and members of the 

14 Armed Forces through the provision of information on in15 stitutions of higher learning. 

16 ‘‘(b) SCOPE.—In developing the policy required by 

17 subsection (a), the Secretary shall include each of the fol18 lowing elements: 

19 ‘‘(1) The most effective way to inform individ20 uals of the educational and vocational counseling pro21 vided under section 3697A of this title. 

22 ‘‘(2) A centralized way to track and publish feed23 back from students and State approving agencies re24 garding the quality of instruction and accreditation, 


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1 recruiting practices, and post-graduation employment 

2 placement of institutions of higher learning. 

3 ‘‘(3) The merit of and the manner in which a 

4 State approving agency shares with an accrediting 

5 agency or association recognized by the Secretary of 

6 Education under subpart 2 of part H of title IV of 

7 the Higher Education Act of 1965 (20 U.S.C. 1099b 

8 et seq.) information regarding the State approving 

9 agency’s evaluation of an institution of higher learn10 ing. 

11 ‘‘(4) The manner in which information regard12 ing institutions of higher learning is provided to in13 dividuals participating in the Transition Assistance 

14 Program under section 1144 of title 10. 

15 ‘‘(5) The most effective way to provide veterans 

16 and members of the Armed Forces with information 

17 regarding postsecondary education and training op18 portunities available to the veteran or member. 

19 ‘‘(c) POSTSECONDARY EDUCATION INFORMATION.—(1) 

20 The Secretary shall ensure that the information provided 

21 pursuant to subsection (b)(5) includes— 

22 ‘‘(A) an explanation of the different types of ac23 creditation available to educational institutions and 

24 programs of education; 


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1 ‘‘(B) a description of Federal student aid pro2 grams; and 

3 ‘‘(C) for each institution of higher learning, for 

4 the most recent academic year for which information 

5 is available— 

6 ‘‘(i) whether the institution is public, pri7 vate nonprofit, or proprietary for-profit; 

8 ‘‘(ii) the name of the national or regional 

9 accrediting agency that accredits the institution, 

10 including the contact information used by the 

11 agency to receive complaints from students; 

12 ‘‘(iii) information on the State approving 

13 agency, including the contact information used 

14 by the agency to receive complaints from stu15 dents; 

16 ‘‘(iv) whether the institution participates in 

17 programs under title IV of the Higher Education 

18 Act of 1965 (20 U.S.C. 1070 et seq.); 

19 ‘‘(v) the tuition and fees; 

20 ‘‘(vi) the median amount of debt from Fed21 eral student loans under title IV of the Higher 

22 Education Act of 1965 (20 U.S.C. 1070 et seq.) 

23 held by students at institution; 


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1 ‘‘(vii) the cohort default rate, as defined in 

2 section 435(m) of the Higher Education Act of 

3 1965 (20 U.S.C. 1085(m)), of the institution; 

4 ‘‘(viii) the enrollment rates, graduation 

5 rates, and retention rates; 

6 ‘‘(ix) for each program of education offered 

7 by the institution that is designed to prepare a 

8 student for an occupation that requires a licen9 sure or certification test offered by a Federal, 

10 State, or local government or has other pre11 conditions or requirements, the degree to which 

12 the program prepares the student for the par13 ticular occupation; 

14 ‘‘(x) whether the institution provides stu15 dents with technical support, academic support, 

16 and other support services, including career 

17 counseling and job placement; and 

18 ‘‘(xi) whether the institution accepts aca19 demic credit by students who are transferring to 

20 the institution, including credits awarded by a 

21 proprietary for-profit institution. 

22 ‘‘(2) To the extent possible, the Secretary shall provide 

23 the information described in paragraph (1) by including 

24 hyperlinks on the Internet website of the Department to 

25 other websites that contain such information in a form that 


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1 is comprehensive and easily understood by veterans, mem2 bers, and other individuals. 

3 ‘‘(d) DEFINITIONS.—In this section: 

4 ‘‘(1) The term ‘institution of higher learning’ has 

5 the meaning given that term in section 3452(f) of this 

6 title. 

7 ‘‘(2) The term ‘postsecondary education and 

8 training opportunities’ means any postsecondary pro9 gram of education, including apprenticeships and on10 job training, for which the Secretary of Veterans Af11 fairs provides assistance to a veteran or member of 

12 the Armed Forces.’’. 

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions at the beginning of such chapter is amended by 

15 adding after the item relating to section 3697A the 

16 following new item: 

‘‘3698. Comprehensive policy on providing education information to veterans.’’. 

17 (b) PROHIBITION ON INDUCEMENTS.—Section 3696 of 

18 title 38, United States Code, is amended by adding at the 

19 end the following new subsection: 

20 ‘‘(e) The Secretary shall not approve an educational 

21 institution if the educational institution provides any com22 mission, bonus, or other incentive payment based directly 

23 or indirectly on success in securing enrollments or financial 

24 aid to any persons or entities engaged in any student reVerDate Mar 15 2010 23:07 Sep 10, 2012 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H4057.RH H4057

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1 cruiting or admission activities or in making decisions re2 garding the award of student financial assistance.’’. 

3 (c) SURVEY.—In developing the policy required by sec4 tion 3698(a) of title 38, United States Code, as added by 

5 subsection (a), the Secretary shall conduct a market survey 

6 to determine the availability of the following: 

7 (1) A commercially available off-the-shelf online 

8 tool that allows a veteran or member of the Armed 

9 Forces to assess whether the veteran or member is aca10 demically ready to engage in postsecondary education 

11 and training opportunities and whether the veteran 

12 or member would need any remedial preparation be13 fore beginning such opportunities. 

14 (2) A commercially available off-the-shelf online 

15 tool that provides a veteran or member of the Armed 

16 Forces with a list of providers of postsecondary edu17 cation and training opportunities based on criteria 

18 selected by the veteran or member. 

19 (d) REPORT.—Not later than 90 days after the date 

20 of the enactment of this Act, the Secretary shall submit to 

21 the Committees on Veterans’ Affairs of the House of Rep22 resentatives and the Senate, the Committee on Education 

23 and the Workforce of the House of Representatives, and the 

24 Committee on Health, Education, Labor, and Pensions of 

25 the Senate a report that includes— 


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1 (1) a description of the policy developed by the 

2 Secretary under section 3698(a) of title 38, United 

3 States Code, as added by subsection (a); 

4 (2) a plan of the Secretary to implement such 

5 policy; and 

6 (3) the results of the survey conducted under sub7 section (b), including whether the Secretary plans to 

8 implement the tools described in such subsection. 

9 (e) DEFINITIONS.—In this section: 

10 (1) The term ‘‘commercially available off-the11 shelf’’ has the meaning given that term in section 104 

12 of title 41, United States Code. 

13 (2) The term ‘‘postsecondary education and 

14 training opportunities’’ means any postsecondary 

15 program of education, including apprenticeships and 

16 on-job training, for which the Secretary of Veterans 

17 Affairs provides assistance to a veteran or member of 

18 the Armed Forces. 

19 SEC. 2. STATE CONSIDERATION OF MILITARY TRAINING IN 

20 GRANTING CERTAIN STATE CERTIFICATIONS 

21 AND LICENSES AS A CONDITION ON THE RE22 CEIPT OF FUNDS FOR VETERANS EMPLOY23 MENT AND TRAINING. 

24 (a) IN GENERAL.—Section 4102A(c) of title 38, United 

25 States Code, is amended by adding at the end the following: 


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1 ‘‘(9)(A) As a condition of a grant or contract under 

2 which funds are made available to a State in order to carry 

3 out section 4103A or 4104 of this title for any program 

4 year, the Secretary shall require the State to disclose to the 

5 Secretary in writing the following: 

6 ‘‘(i) Criteria applicants must satisfy to receive a 

7 certification or license described in subparagraph (B) 

8 by the State. 

9 ‘‘(ii) A description of the standard practices of 

10 the State for evaluating training received by veterans 

11 while serving on active duty in the Armed Forces and 

12 evaluating the documented work experience of such 

13 veterans during such service for purposes of approv14 ing or denying a certification or license described in 

15 subparagraph (B). 

16 ‘‘(iii) Identification of areas in which training 

17 and experience described in clause (ii) fails to meet 

18 criteria described in clause (i). 

19 ‘‘(B) A certification or license described in this sub20 paragraph is any of the following: 

21 ‘‘(i) A license to be a nonemergency medical pro22 fessional. 

23 ‘‘(ii) A license to be an emergency medical pro24 fessional. 

25 ‘‘(iii) Any commercial driver’s license. 


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1 ‘‘(C) The Secretary shall share the information the 

2 Secretary receives under subparagraph (A)(ii) with the Sec3 retary of Defense to help the Secretary of Defense improve 

4 training for military occupational specialties so that indi5 viduals who receive such training are able to receive a cer6 tification or license described in subparagraph (B) from a 

7 State. 

8 ‘‘(D) The Secretary shall publish on the Internet 

9 website of the Department— 

10 ‘‘(i) any guidance the Secretary gives the Sec11 retary of Defense with respect to carrying out this sec12 tion; and 

13 ‘‘(ii) any information the Secretary receives 

14 from a State pursuant to subparagraph (A).’’. 

15 (b) EFFECTIVE DATE.—The amendment made by sub16 section (a) shall apply with respect to a program year be17 ginning on or after October 1, 2013. 

18 SEC. 3. CONDITIONS ON THE AWARD OF PER DIEM PAY19 MENTS BY THE SECRETARY OF VETERANS AF20 FAIRS FOR THE PROVISION OF HOUSING OR 

21 SERVICES TO HOMELESS VETERANS. 

22 (a) CONDITION.— 

23 (1) IN GENERAL.—Paragraph (1) of section 

24 2012(c) of title 38, United States Code, is amended to 

25 read as follows: 


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1 ‘‘(1) Except as provided in paragraph (2), a per diem 

2 payment may not be provided under this section to a grant 

3 recipient or eligible entity unless the entity submits to the 

4 Secretary a certification that the building where the entity 

5 provides such housing or services is in compliance with 

6 codes relevant to the operations and level of care provided, 

7 including the most current Life Safety Code or Inter8 national Fire Code and all applicable State and local hous9 ing codes, licensing requirements, fire and safety require10 ments, and any other requirements in the jurisdiction in 

11 which the project is located regarding the condition of the 

12 structure and the operation of the supportive housing or 

13 service center.’’. 

14 (2) EFFECTIVE DATE.—The amendment made by 

15 paragraph (1) shall apply with respect to an applica16 tion for a per diem payment under section 2012 of 

17 title 38, United States Code, submitted on or after the 

18 date of the enactment of this Act. 

19 (b) ANNUAL REPORT.—Section 2065(b) of title 38, 

20 United States Code, is amended— 

21 (1) by redesignating paragraph (6) as para22 graph (7); and 

23 (2) by inserting after paragraph (5) the fol24 lowing new paragraph (6): 


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1 ‘‘(6) The Secretary’s evaluation of the safety and 

2 accessibility of facilities used to provide programs es3 tablished by grant recipients or eligible entities under 

4 section 2011 and 2012 of this title, including the 

5 number of such grant recipients or eligible entities 

6 who have submitted a certification under section 

7 2012(c)(1).’’. 

8 (c) TREATMENT OF CURRENT RECIPIENTS.—In the 

9 case of the recipient of a per diem payment under section 

10 2012 of title 38, United States Code, that receives such a 

11 payment during the year in which this Act is enacted, the 

12 Secretary of Veterans Affairs shall require the recipient to 

13 submit the certification required under section 2012(c)(1) 

14 of such title, as amended by subsection (a)(1), by not later 

15 than two years after the date of the enactment of this Act. 

16 If the recipient fails to submit such certification by such 

17 date, the Secretary may not make any additional per diem 

18 payments to the recipient under such section 2012 until the 

19 recipient submits such certification. 

20 SEC. 4. ESTABLISHMENT OF OPEN BURN PIT REGISTRY. 

21 (a) ESTABLISHMENT OF REGISTRY.—Not later than 

22 180 days after the date of the enactment of this Act, the 

23 Secretary of Veterans Affairs shall— 

24 (1) establish and maintain an open burn pit reg25 istry for eligible individuals who may have been exVerDate Mar 15 2010 23:07 Sep 10, 2012 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H4057.RH H4057

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1 posed to toxic chemicals and fumes caused by open 

2 burn pits; 

3 (2) include any information in such registry 

4 that the Secretary of Veterans Affairs determines nec5 essary to ascertain and monitor the health effects of 

6 the exposure of members of the Armed Forces to toxic 

7 chemicals and fumes caused by open burn pits; 

8 (3) develop a public information campaign to 

9 inform eligible individuals about the open burn pit 

10 registry, including how to register and the benefits of 

11 registering; and 

12 (4) periodically notify eligible individuals of sig13 nificant developments in the study and treatment of 

14 conditions associated with exposure to toxic chemicals 

15 and fumes caused by open burn pits. 

16 (b) REPORT TO CONGRESS.— 

17 (1) REPORT BY INDEPENDENT SCIENTIFIC ORGA18 NIZATION.—The Secretary of Veterans Affairs shall 

19 enter into an agreement with an independent sci20 entific organization to develop a report containing the 

21 following: 

22 (A) An assessment of the effectiveness of ac23 tions taken by the Secretaries to collect and 

24 maintain information on the health effects of exVerDate Mar 15 2010 23:07 Sep 10, 2012 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\H4057.RH H4057

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1 posure to toxic chemicals and fumes caused by 

2 open burn pits. 

3 (B) Recommendations to improve the collec4 tion and maintenance of such information. 

5 (C) Using established and previously pub6 lished epidemiological studies, recommendations 

7 regarding the most effective and prudent means 

8 of addressing the medical needs of eligible indi9 viduals with respect to conditions that are likely 

10 to result from exposure to open burn pits. 

11 (2) SUBMITTAL TO CONGRESS.—Not later than 

12 18 months after the date on which the registry under 

13 subsection (a) is established, the Secretary of Veterans 

14 Affairs shall submit to Congress the report developed 

15 under paragraph (1). 

16 (c) DEFINITIONS.—In this section: 

17 (1) The term ‘‘open burn pit’’ means an area of 

18 land located in Afghanistan or Iraq that— 

19 (A) is designated by the Secretary of De20 fense to be used for disposing solid waste by 

21 burning in the outdoor air; and 

22 (B) does not contain a commercially manu23 factured incinerator or other equipment specifi24 cally designed and manufactured for the burning 

25 of solid waste. 


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1 (2) The term ‘‘eligible individual’’ means any 

2 individual who, on or after September 11, 2001— 

3 (A) was deployed in support of a contin4 gency operation while serving in the Armed 

5 Forces; and 

6 (B) during such deployment, was based or 

7 stationed at a location where an open burn pit 

8 was used. 

9 SEC. 5. PERFORMANCE AWARDS IN THE SENIOR EXECUTIVE 

10 SERVICE. 

11 For each of fiscal years 2013 through 2017, the Sec12 retary of Veterans Affairs may not pay more than 

13 $1,000,000 in performance awards under section 5384 of 

14 title 5, United States Code. 


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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 

other purposes. tion on institutions of higher learning, and for Armed Forces through the provision of informatransparency to veterans and members of the comprehensive policy to improve outreach and the Secretary of Veterans Affairs to develop a 

SEPTEMBER 10, 2012 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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