IIB 

112TH CONGRESS 

2D SESSION H. R. 4057 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 12, 2012 

Received; read twice and referred to the Committee on Veterans’ Affairs 

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. 


tjames on DSK6SPTVN1PROD with BILLS
2 

HR 4057 RFS 

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, 

7 United States Code, is amended by adding at the 

8 end the following new section: 

9 ‘‘§ 3698. Comprehensive policy on providing edu10 cation 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 

21 provided under section 3697A of this title. 

22 ‘‘(2) A centralized way to track and publish 

23 feedback from students and State approving agen24 cies regarding the quality of instruction and accredi25 tation, recruiting practices, and post-graduation emVerDate Mar 15 2010 03:18 Sep 13, 2012 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4057.RFS H4057

tjames on DSK6SPTVN1PROD with BILLS
3 

HR 4057 RFS 

1 ployment placement of institutions of higher learn2 ing. 

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.— 

20 (1) The Secretary shall ensure that the information pro21 vided 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; 


tjames on DSK6SPTVN1PROD with BILLS
4 

HR 4057 RFS 

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 institu10 tion, including the contact information used by 

11 the 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 Edu18 cation 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 

23 seq.) held by students at institution; 


tjames on DSK6SPTVN1PROD with BILLS
5 

HR 4057 RFS 

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 

20 to the institution, including credits awarded by 

21 a proprietary for-profit institution. 

22 ‘‘(2) To the extent possible, the Secretary shall pro23 vide the information described in paragraph (1) by includ24 ing hyperlinks on the Internet website of the Department 

25 to other websites that contain such information in a form 


tjames on DSK6SPTVN1PROD with BILLS
6 

HR 4057 RFS 

1 that is comprehensive and easily understood by veterans, 

2 members, and other individuals. 

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

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

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

6 of this title. 

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

8 training opportunities’ means any postsecondary 

9 program of education, including apprenticeships and 

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

11 Affairs provides assistance to a veteran or member 

12 of the Armed Forces.’’. 

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

15 by adding after the item relating to section 3697A 

16 the following new item: 

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

17 (b) PROHIBITION ON INDUCEMENTS.—Section 3696 

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

19 the 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 finan24 cial aid to any persons or entities engaged in any student 


tjames on DSK6SPTVN1PROD with BILLS
7 

HR 4057 RFS 

1 recruiting or admission activities or in making decisions 

2 regarding the award of student financial assistance.’’. 

3 (c) SURVEY.—In developing the policy required by 

4 section 3698(a) of title 38, United States Code, as added 

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

6 survey 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 

10 academically ready to engage in postsecondary edu11 cation and training opportunities and whether the 

12 veteran or member would need any remedial prepa13 ration before 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 

21 to the Committees on Veterans’ Affairs of the House of 

22 Representatives and the Senate, the Committee on Edu23 cation and the Workforce of the House of Representatives, 

24 and the Committee on Health, Education, Labor, and 

25 Pensions of the Senate a report that includes— 


tjames on DSK6SPTVN1PROD with BILLS
8 

HR 4057 RFS 

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 

7 subsection (b), including whether the Secretary 

8 plans to implement the tools described in such sub9 section. 

10 (e) DEFINITIONS.—In this section: 

11 (1) The term ‘‘commercially available off-the12 shelf’’ has the meaning given that term in section 

13 104 of title 41, United States Code. 

14 (2) The term ‘‘postsecondary education and 

15 training opportunities’’ means any postsecondary 

16 program of education, including apprenticeships and 

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

18 Affairs provides assistance to a veteran or member 

19 of the Armed Forces. 


tjames on DSK6SPTVN1PROD with BILLS
9 

HR 4057 RFS 

1 SEC. 2. STATE CONSIDERATION OF MILITARY TRAINING IN 

2 GRANTING CERTAIN STATE CERTIFICATIONS 

3 AND LICENSES AS A CONDITION ON THE RE4 CEIPT OF FUNDS FOR VETERANS EMPLOY5 MENT AND TRAINING. 

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

7 United States Code, is amended by adding at the end the 

8 following: 

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

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

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

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

13 the Secretary in writing the following: 

14 ‘‘(i) Criteria applicants must satisfy to receive 

15 a certification or license described in subparagraph 

16 (B) by the State. 

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

18 the State for evaluating training received by vet19 erans while serving on active duty in the Armed 

20 Forces and evaluating the documented work experi21 ence of such veterans during such service for pur22 poses of approving or denying a certification or li23 cense described in subparagraph (B). 

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

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

26 criteria described in clause (i). 


tjames on DSK6SPTVN1PROD with BILLS
10 

HR 4057 RFS 

1 ‘‘(B) A certification or license described in this sub2 paragraph is any of the following: 

3 ‘‘(i) A license to be a nonemergency medical 

4 professional. 

5 ‘‘(ii) A license to be an emergency medical pro6 fessional. 

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

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

9 Secretary receives under subparagraph (A)(ii) with the 

10 Secretary of Defense to help the Secretary of Defense im11 prove training for military occupational specialties so that 

12 individuals who receive such training are able to receive 

13 a certification or license described in subparagraph (B) 

14 from a State. 

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

16 website of the Department— 

17 ‘‘(i) any guidance the Secretary gives the Sec18 retary of Defense with respect to carrying out this 

19 section; and 

20 ‘‘(ii) any information the Secretary receives 

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

22 (b) EFFECTIVE DATE.—The amendment made by 

23 subsection (a) shall apply with respect to a program year 

24 beginning on or after October 1, 2013. 


tjames on DSK6SPTVN1PROD with BILLS
11 

HR 4057 RFS 

1 SEC. 3. CONDITIONS ON THE AWARD OF PER DIEM PAY2 MENTS BY THE SECRETARY OF VETERANS 

3 AFFAIRS FOR THE PROVISION OF HOUSING 

4 OR SERVICES TO HOMELESS VETERANS. 

5 (a) CONDITION.— 

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

7 2012(c) of title 38, United States Code, is amended 

8 to read as follows: 

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

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

11 recipient or eligible entity unless the entity submits to the 

12 Secretary a certification that the building where the entity 

13 provides such housing or services is in compliance with 

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

15 including the most current Life Safety Code or Inter16 national Fire Code and all applicable State and local hous17 ing codes, licensing requirements, fire and safety require18 ments, and any other requirements in the jurisdiction in 

19 which the project is located regarding the condition of the 

20 structure and the operation of the supportive housing or 

21 service center.’’. 

22 (2) EFFECTIVE DATE.—The amendment made 

23 by paragraph (1) shall apply with respect to an ap24 plication for a per diem payment under section 2012 

25 of title 38, United States Code, submitted on or 

26 after the date of the enactment of this Act. 


tjames on DSK6SPTVN1PROD with BILLS
12 

HR 4057 RFS 

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

2 United States Code, is amended— 

3 (1) by redesignating paragraph (6) as para4 graph (7); and 

5 (2) by inserting after paragraph (5) the fol6 lowing new paragraph (6): 

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

8 and accessibility of facilities used to provide pro9 grams established by grant recipients or eligible enti10 ties under section 2011 and 2012 of this title, in11 cluding the number of such grant recipients or eligi12 ble entities who have submitted a certification under 

13 section 2012(c)(1).’’. 

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

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

16 2012 of title 38, United States Code, that receives such 

17 a payment during the year in which this Act is enacted, 

18 the Secretary of Veterans Affairs shall require the recipi19 ent to submit the certification required under section 

20 2012(c)(1) of such title, as amended by subsection (a)(1), 

21 by not later than two years after the date of the enactment 

22 of this Act. If the recipient fails to submit such certifi23 cation by such date, the Secretary may not make any addi24 tional per diem payments to the recipient under such sec25 tion 2012 until the recipient submits such certification. 


tjames on DSK6SPTVN1PROD with BILLS
13 

HR 4057 RFS 

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

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

3 180 days after the date of the enactment of this Act, the 

4 Secretary of Veterans Affairs shall— 

5 (1) establish and maintain an open burn pit 

6 registry for eligible individuals who may have been 

7 exposed to toxic chemicals and fumes caused by open 

8 burn pits; 

9 (2) include any information in such registry 

10 that the Secretary of Veterans Affairs determines 

11 necessary to ascertain and monitor the health effects 

12 of the exposure of members of the Armed Forces to 

13 toxic chemicals and fumes caused by open burn pits; 

14 (3) develop a public information campaign to 

15 inform eligible individuals about the open burn pit 

16 registry, including how to register and the benefits 

17 of registering; and 

18 (4) periodically notify eligible individuals of sig19 nificant developments in the study and treatment of 

20 conditions associated with exposure to toxic chemi21 cals and fumes caused by open burn pits. 

22 (b) REPORT TO CONGRESS.— 

23 (1) REPORT BY INDEPENDENT SCIENTIFIC OR24 GANIZATION.—The Secretary of Veterans Affairs 

25 shall enter into an agreement with an independent 


tjames on DSK6SPTVN1PROD with BILLS
14 

HR 4057 RFS 

1 scientific organization to develop a report containing 

2 the following: 

3 (A) An assessment of the effectiveness of 

4 actions taken by the Secretaries to collect and 

5 maintain information on the health effects of 

6 exposure to toxic chemicals and fumes caused 

7 by open burn pits. 

8 (B) Recommendations to improve the col9 lection and maintenance of such information. 

10 (C) Using established and previously pub11 lished epidemiological studies, recommendations 

12 regarding the most effective and prudent means 

13 of addressing the medical needs of eligible indi14 viduals with respect to conditions that are likely 

15 to result from exposure to open burn pits. 

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

17 18 months after the date on which the registry 

18 under subsection (a) is established, the Secretary of 

19 Veterans Affairs shall submit to Congress the report 

20 developed under paragraph (1). 

21 (c) DEFINITIONS.—In this section: 

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

23 of land located in Afghanistan or Iraq that— 


tjames on DSK6SPTVN1PROD with BILLS
15 

HR 4057 RFS 

1 (A) is designated by the Secretary of De2 fense to be used for disposing solid waste by 

3 burning in the outdoor air; and 

4 (B) does not contain a commercially manu5 factured incinerator or other equipment specifi6 cally designed and manufactured for the burn7 ing of solid waste. 

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

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

10 (A) was deployed in support of a contin11 gency operation while serving in the Armed 

12 Forces; and 

13 (B) during such deployment, was based or 

14 stationed at a location where an open burn pit 

15 was used. 

16 SEC. 5. PERFORMANCE AWARDS IN THE SENIOR EXECU17 TIVE SERVICE. 

18 For each of fiscal years 2013 through 2017, the Sec19 retary of Veterans Affairs may not pay more than 


tjames on DSK6SPTVN1PROD with BILLS
16 

HR 4057 RFS 

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

2 title 5, United States Code. 

Passed the House of Representatives September 11, 

2012. 

Attest: KAREN L. HAAS, 

Clerk. 


tjames on DSK6SPTVN1PROD with BILLS