19–006 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 112–646 

AMENDING 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 

SEPTEMBER 10, 2012.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. MILLER of Florida, from the Committee on Veterans’ Affairs, 

submitted the following 

R E P O R T 

[To accompany H.R. 4057] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Veterans’ Affairs, to whom was referred 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, having considered 

the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Amendment .............................................................................................................. 2 

Purpose and Summary ............................................................................................ 5 

Background and Need for Legislation .................................................................... 6 

Hearings ................................................................................................................... 11 

Subcommittee Consideration .................................................................................. 12 

Committee Consideration ........................................................................................ 13 

Committee Votes ...................................................................................................... 13 

Committee Oversight Findings ............................................................................... 13 

Statement of General Performance Goals and Objectives .................................... 13 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 14 

Earmarks and Tax and Tariff Benefits .................................................................. 14 

Committee Cost Estimate ....................................................................................... 14 

Congressional Budget Office Estimate ................................................................... 14 

Federal Mandates Statement ................................................................................. 17 

Advisory Committee Statement .............................................................................. 17 

Constitutional Authority Statement ...................................................................... 17 

Applicability to Legislative Branch ........................................................................ 17 

Section-by-Section Analysis of the Legislation ...................................................... 17 

Changes in Existing Law Made by the Bill as Reported ...................................... 19 


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AMENDMENT

The amendment is as follows: 

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: 

‘‘§ 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) The most effective way to inform individuals of the educational and vocational counseling provided under section 3697A of this title. 

‘‘(2) A centralized way to track and publish feedback from students and State 

approving agencies regarding the quality of instruction and accreditation, recruiting practices, and post-graduation employment placement of institutions of 

higher learning. 

‘‘(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 et seq.) information regarding the State approving agency’s 

evaluation of an institution of higher learning. 

‘‘(4) The manner in which information regarding institutions of higher learning is provided to individuals participating in the Transition Assistance Program under section 1144 of title 10. 

‘‘(5) The most effective way 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 forprofit; 

‘‘(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 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 students at institution; 

‘‘(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 enrollment rates, graduation rates, and retention rates; 

‘‘(ix) for each program of education offered by the institution that is designed to prepare a student for an occupation that requires a licensure or 

certification test offered by a Federal, State, or local government or has 

other preconditions or requirements, the degree to which the program prepares the student for the particular occupation; 

‘‘(x) whether the institution provides students with technical support, academic support, and other support services, including career counseling and 

job placement; and 


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‘‘(xi) whether the institution accepts academic credit by students who are 

transferring to the institution, including credits awarded by a proprietary 

for-profit institution. 

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

in paragraph (1) by including hyperlinks on the Internet website of the Department 

to other websites that contain such information in a form that is comprehensive and 

easily understood by veterans, members, and other individuals. 

‘‘(d) 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) PROHIBITION ON INDUCEMENTS.—Section 3696 of title 38, United States Code, 

is amended by adding at the end the following new subsection: 

‘‘(e) The Secretary shall not approve 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.’’. 

(c) SURVEY.—In developing the policy required by section 3698(a) of title 38, 

United States Code, as added by subsection (a), the Secretary 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. 

(d) REPORT.—Not later than 90 days after the date of the enactment of this Act, 

the Secretary shall submit to the Committees on Veterans’ Affairs of the House of 

Representatives and the Senate, the Committee on Education and the Workforce of 

the House of Representatives, and the Committee on Health, Education, Labor, and 

Pensions of the Senate 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. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘commercially available off-the-shelf’’ has the meaning given 

that term in section 104 of title 41, United States Code. 

(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. 

SEC. 2. STATE CONSIDERATION OF MILITARY TRAINING IN GRANTING CERTAIN STATE CERTIFICATIONS AND LICENSES AS A CONDITION ON THE RECEIPT OF FUNDS FOR 

VETERANS EMPLOYMENT AND TRAINING. 

(a) IN GENERAL.—Section 4102A(c) of title 38, United States Code, is amended by 

adding at the end the following: 

‘‘(9)(A) As a condition of a grant or contract under which funds are made available 

to a State in order to carry out section 4103A or 4104 of this title for any program 

year, the Secretary shall require the State to disclose to the Secretary in writing 

the following: 

‘‘(i) Criteria applicants must satisfy to receive a certification or license described in subparagraph (B) by the State. 

‘‘(ii) A description of the standard practices of the State for evaluating training received by veterans while serving on active duty in the Armed Forces and 

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ice for purposes of approving or denying a certification or license described in 

subparagraph (B). 

‘‘(iii) Identification of areas in which training and experience described in 

clause (ii) fails to meet criteria described in clause (i). 

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

‘‘(i) A license to be a nonemergency medical professional. 

‘‘(ii) A license to be an emergency medical professional. 

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

‘‘(C) The Secretary shall share the information the Secretary receives under subparagraph (A)(ii) with the Secretary of Defense to help the Secretary of Defense improve training for military occupational specialties so that individuals who receive 

such training are able to receive a certification or license described in subparagraph 

(B) from a State. 

‘‘(D) The Secretary shall publish on the Internet website of the Department— 

‘‘(i) any guidance the Secretary gives the Secretary of Defense with respect 

to carrying out this section; and 

‘‘(ii) any information the Secretary receives from a State pursuant to subparagraph (A).’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with 

respect to a program year beginning on or after October 1, 2013. 

SEC. 3. CONDITIONS ON THE AWARD OF PER DIEM PAYMENTS BY THE SECRETARY OF VETERANS AFFAIRS FOR THE PROVISION OF HOUSING OR SERVICES TO HOMELESS 

VETERANS. 

(a) CONDITION.— 

(1) IN GENERAL.—Paragraph (1) of section 2012(c) of title 38, United States 

Code, is amended to read as follows: 

‘‘(1) Except as provided in paragraph (2), a per diem payment may not be provided 

under this section to a grant recipient or eligible entity unless the entity submits 

to the Secretary a certification that the building where the entity provides such 

housing or services is in compliance with codes relevant to the operations and level 

of care provided, including the most current Life Safety Code or International Fire 

Code and all applicable State and local housing codes, licensing requirements, fire 

and safety requirements, and any other requirements in the jurisdiction in which 

the project is located regarding the condition of the structure and the operation of 

the supportive housing or service center.’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply 

with respect to an application for a per diem payment under section 2012 of 

title 38, United States Code, submitted on or after the date of the enactment 

of this Act. 

(b) ANNUAL REPORT.—Section 2065(b) of title 38, United States Code, is amended— 

(1) by redesignating paragraph (6) as paragraph (7); and 

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

‘‘(6) The Secretary’s evaluation of the safety and accessibility of facilities used 

to provide programs established by grant recipients or eligible entities under 

section 2011 and 2012 of this title, including the number of such grant recipients or eligible entities who have submitted a certification under section 

2012(c)(1).’’. 

(c) TREATMENT OF CURRENT RECIPIENTS.—In the case of the recipient of a per 

diem payment under section 2012 of title 38, United States Code, that receives such 

a payment during the year in which this Act is enacted, the Secretary of Veterans 

Affairs shall require the recipient to submit the certification required under section 

2012(c)(1) of such title, as amended by subsection (a)(1), by not later than two years 

after the date of the enactment of this Act. If the recipient fails to submit such certification by such date, the Secretary may not make any additional per diem payments to the recipient under such section 2012 until the recipient submits such certification. 

SEC. 4. ESTABLISHMENT OF OPEN BURN PIT REGISTRY. 

(a) ESTABLISHMENT OF REGISTRY.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Veterans Affairs shall— 

(1) establish and maintain an open burn pit registry for eligible individuals 

who may have been exposed to toxic chemicals and fumes caused by open burn 

pits; 

(2) include any information in such registry that the Secretary of Veterans 

Affairs determines necessary to ascertain and monitor the health effects of the 

exposure of members of the Armed Forces to toxic chemicals and fumes caused 

by open burn pits; 


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(3) develop a public information campaign to inform eligible individuals about 

the open burn pit registry, including how to register and the benefits of registering; and 

(4) periodically notify eligible individuals of significant developments in the 

study and treatment of conditions associated with exposure to toxic chemicals 

and fumes caused by open burn pits. 

(b) REPORT TO CONGRESS.— 

(1) REPORT BY INDEPENDENT SCIENTIFIC ORGANIZATION.—The Secretary of Veterans Affairs shall enter into an agreement with an independent scientific organization to develop a report containing the following: 

(A) An assessment of the effectiveness of actions taken by the Secretaries 

to collect and maintain information on the health effects of exposure to 

toxic chemicals and fumes caused by open burn pits. 

(B) Recommendations to improve the collection and maintenance of such 

information. 

(C) Using established and previously published epidemiological studies, 

recommendations regarding the most effective and prudent means of addressing the medical needs of eligible individuals with respect to conditions 

that are likely to result from exposure to open burn pits. 

(2) SUBMITTAL TO CONGRESS.—Not later than 18 months after the date on 

which the registry under subsection (a) is established, the Secretary of Veterans 

Affairs shall submit to Congress the report developed under paragraph (1). 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘open burn pit’’ means an area of land located in Afghanistan 

or Iraq that— 

(A) is designated by the Secretary of Defense to be used for disposing 

solid waste by burning in the outdoor air; and 

(B) does not contain a commercially manufactured incinerator or other 

equipment specifically designed and manufactured for the burning of solid 

waste. 

(2) The term ‘‘eligible individual’’ means any individual who, on or after September 11, 2001— 

(A) was deployed in support of a contingency operation while serving in 

the Armed Forces; and 

(B) during such deployment, was based or stationed at a location where 

an open burn pit was used. 

SEC. 5. PERFORMANCE AWARDS IN THE SENIOR EXECUTIVE SERVICE. 

For each of fiscal years 2013 through 2017, the Secretary of Veterans Affairs may 

not pay more than $1,000,000 in performance awards under section 5384 of title 5, 

United States Code. 

PURPOSE AND SUMMARY

H.R. 4057 was introduced on February 16, 2012, by Representative Gus Bilirakis of Florida. H.R. 4057, as amended, incorporates 

provisions from H.R. 4115, introduced by Representative Steve 

Stivers of Ohio; H.R. 4079, as amended, introduced by Representative David McKinley of West Virginia; and H.R. 3337, as amended, 

introduced by Representative Todd Akin of Missouri. The bill, as 

amended, would direct the Secretary of Veterans Affairs to develop 

a comprehensive policy to improve the outreach efforts of institutions of higher learning while providing greater transparency of 

educational information; would require states to consider military 

training in granting certain state certifications and licenses; would 

adjust how grant and per diem payment are paid to homeless veteran providers; would create an open burn pit registry for veterans 

of conflicts in Iraq and Afghanistan; and, would limit bonuses for 

senior executives at the Department of Veterans Affairs (VA). 


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BACKGROUND AND NEED FOR LEGISLATION

SECTION 1—COMPREHENSIVE POLICY ON PROVIDING EDUCATION

INFORMATION TO VETERANS

During the 112th Congress, there has been a renewed focus on 

the growth of for-profit colleges and alleged predatory practices 

used by some institutions to recruit GI Bill recipients under chapter 30, 31, 32, 33, and 35 of title 38, U.S.C. While the Committee 

has received some anecdotal evidence of misleading and predatory 

practices being conducted by some schools, there is little empirical 

evidence to support the claims that the for-profit school industry, 

as a whole, is systematically taking advantage of veterans and 

servicemembers. While the Committee acknowledges that there 

could be some bad actors using these predatory practices at forprofit, non-profit, and public institutions, we believe that the actions of a few should not taint an entire industry. 

Instead, the Committee believes that the best tool to make the 

best use of education benefits is to ensure students have the appropriate information needed to make decisions about how to use their 

VA education benefits. 

The Committee believes this section of H.R. 4057, as amended, 

will help students make an informed choice. This section would require VA to develop a comprehensive policy to improve the transparency and dissemination of education information to veterans. 

Implemented effectively, this policy would enable veterans to better 

understand their education benefits and to be better informed 

about which educational institutions are most appropriate for 

them. 

To accomplish these goals, section 1 would require VA to research and implement the most effective means of making veterans 

more aware of Chapter 36 Vocational/Educational counseling benefits. Although this educational counseling is available and is a valuable resource, far too few veterans (only 6,656 in FY 2011) take 

advantage of this one-on-one counseling. The Committee hopes that 

VA would increase the awareness of students in regards to this 

counseling by putting a link to Chapter 36 counseling information 

on the VA online application for Chapter 33 benefits and during 

the application process for all VA education benefits. 

Next, section 1 would require that VA consider providing a centralized system to track and publish feedback on schools from students and State Approving Agencies (SAA). This would include assessment of the quality of instruction and accreditation, recruiting 

practices, and post-graduation employment placement of institutions of higher learning. In providing this complaint forum, students would be able to read reports from other students and SAAs 

about the school. The Committee expects that VA would use the 

centralized process for valid complaints, and not, for example, matters that are subjective in nature, such as grades. The Committee 

also expects that VA would prohibit anonymous filings to ensure 

the database’s legitimacy and to prevent fraudulent complaints. 

Students and agencies must be held accountable for any comments 

that they wish to submit in a public forum such as that proposed 

in this section. 

Section 1 would also address the manner in which SAAs share 

information with accrediting institutions. The policy that would be 


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required by this section would require the SAAs to share information they gather on schools with accrediting agencies. The Committee believes that by working together the SAAs and accrediting 

agencies will be better-equipped to address any issues that are occurring at schools and improve the experience for students. 

The Committee has found that some veterans are simply not 

aware of the benefits available to them. The policy required under 

section 1 would also encourage VA to increase outreach to veterans 

through the Transition Assistance Programs (TAP). The Committee 

believes that if more emphasis was placed on education benefits at 

TAP, servicemembers would be better informed about their benefits 

before they leave active duty. 

In an effort to offer even more resources that provide education 

information for veterans, section 1 would require VA to provide a 

list of hyperlinks on its website that lead to existing websites, such 

as the U.S. Department of Education’s College Navigator, that provide consumer information about schools. Graduation and retention 

rates would be required as well as the median amount of Federal 

student loan debt, and other information. The Committee notes 

that the information that would be required in most cases is already listed among the 272 data types for education institutions 

listed on the College Navigator website. The Committee expects VA 

to use existing websites and not re-create information that is already available. 

Section 1 would prohibit inducements of any kind to reward recruiting by employees or students. The Committee believes that 

students seeking higher education or training should be able to 

make an informed decision, and should not be influenced by those 

few schools that use deceptive practices to recruit veterans. The 

language in this section that prohibits these inducements aligns 

with similar language in section 487 of the Higher Education Act 

of 1965 (title 20 U.S.C.). 

Under this section, VA would also be required to conduct a market survey to identify two commercially available off-the-shelf software systems. The first system would contain a database of institutions that can be narrowed down by the user’s criteria (such as environment, location, programs offered, requirements for graduation 

and other criteria). Such a system would allow students to compare 

institutions side-by-side which the Committee believes would help 

enable more informed decisions. 

The second system would provide veterans with the option to assess whether they are academically prepared or would need remediation before attending post-secondary training. We believe such 

a test will help veterans be successful in the education or training 

program of their choice. 

Finally, section 1 would require VA to report on the development 

and implementation of the comprehensive policy required by this 

section within 90 days of enactment. This report would be sent to 

the House and Senate Committees on Veterans’ Affairs as well as 

the House Committee on Education and the Workforce and the 

Senate Committee on Health, Education, Labor, and Pensions. 


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SECTION 2—STATE CONSIDERATION OF MILITARY TRAINING IN GRANTING CERTAIN STATE CERTIFICATIONS AND LICENSES AS A CONDITION

ON THE RECEIPT OF FUNDS FOR VETERANS EMPLOYMENT AND

TRAINING

Section 2 would require states to provide information to the U.S. 

Department of Labor describing how their state licensing or certification processes for occupations such as nursing assistants, registered nurses, certified nursing assistants, emergency medical 

technicians, and commercial drivers might grant credit for prior 

military education and training in these fields. 

The Committee believes that this information sharing would assist veterans in transferring the skills acquired during active duty 

service to civilian professional opportunities with a minimum of additional or repetitive training. The Committee believes that the 

program would encourage states to recognize veterans’ prior experience and training to ensure that state licensing or certification 

processes are not duplicative of education and training veterans 

have already undergone in the military. 

Section 2 would also require that the Department of Labor publish the results of its data collection on its website so veterans and 

servicemembers can see how their military training does, or does 

not, lead to a license or credential in a particular state. The Department of Labor would also have to transfer the data to the Department of Defense to assist in determining the feasibility of adjusting in-service training to better conform to the licensing and 

credentialing requirements in states. The Committee hopes that by 

making this information available on the internet that states and 

credentialing bodies would adjust licensing and credentialing requirements to facilitate recruitment of qualified veterans. 

SECTION 3—CONDITIONS ON THE AWARD OF PER DIEM PAYMENTS BY

THE SECRETARY OF VETERANS AFFAIRS FOR THE PROVISION OF

HOUSING OR SERVICES TO HOMELESS VETERANS

The Department of Housing and Urban Development estimates 

that in 2011, approximately 14 percent of all homeless adults in 

the United States were veterans, with approximately 67,494 veterans homeless on any given night in January 2011 alone. The VA 

provides housing and supportive services to homeless veterans 

through a myriad of programs, including the Homeless Provider 

Grant and Per Diem (GPD) Program. 

The GPD Program was authorized as a pilot in P.L. 102–590 

(106 Stat. 5141), the Homeless Veterans Comprehensive Service 

Programs Act of 1992, and was made permanent in P.L. 109–461 

(120 Stat. 3403), the Veterans Benefits, Health Care, and Information Technology Act of 2006. According to VA, the purpose of the 

program is to promote the development and provision of supportive 

housing and services to homeless veterans to assist them in achieving residential stability, increased income level and skills, and 

greater self-determination. 

Under the grant portion of the program, public entities or private 

nonprofit organizations may apply for capital grants to fund up to 

65 percent of the cost of acquisition, expansion, or remodeling of a 

building for use as a service center or transitional housing facility. 

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portation needs. To be considered eligible for a grant under this 

program, 75 percent or more of the clients served by the grantee 

must be veterans. Under the per diem portion of the program, 

grant recipients and/or organizations that would be eligible to 

apply for and receive grants are reimbursed for the cost of providing housing or supportive services to homeless veterans. Supportive services eligible for reimbursement under the GPD Program 

include: outreach activities; food and nutrition services; health 

care; mental health care; substance use counseling; job training 

and placement; and transportation. The maximum per diem rate 

for a supportive housing center is currently set at $38.90 per day 

per veteran. The maximum per diem rate for a service center not 

connected with a supportive housing center is currently set at oneeighth of the daily cost of care, not to exceed eight hours in any 

given day or the current VA state home rate for domiciliary care. 

Section 2011(b)(5) of title 38, United States Code stipulates that 

VA ensure that entities receiving grants under the GPD Program 

meet fire and safety requirements established by VA as well as all 

applicable state and local codes and standards. VA medical center 

clinicians in each local jurisdiction act as liaisons between the Department and the GPD-funded entity and are responsible for ensuring compliance with this provision. There is no similar requirement 

for recipients of per diem payments under the GPD Program and 

VA is not required to evaluate or report an assessment of the basic 

safety of homeless service providers. 

GPD-funded entities are commonly referred to as ‘‘residential 

board and care facilities.’’ These facilities are defined as a building 

or portion of a building that is used for lodging and/or boarding 

four or more residents who are not related by blood or marriage to 

the owners or operators of the building for the purpose of providing 

personal care services. The National Fire Protection Association 

(NFPA) estimates that, from 2006 to 2010, more than nineteen 

hundred structure fires were reported in facilities of this kind. The 

fires resulted in ten deaths, 61 injuries, and $8 million in property 

damage. 

To combat these fires, NFPA publishes and recommends the use 

of the Life Safety Code. The Life Safety Code governs the annual 

maintenance of fire extinguishers, exit paths, and other issues related to safety of building users in an emergency situation. In addition to the Life Safety Code, approximately 43 states use the International Fire Code (IFC), published by the International Code 

Council (ICC) to govern annual maintenance of building safety features. The two codes are similar in scope, and equivalent in maintaining a safe building environment. However, in a statement for 

the record provided to the Subcommittee on Health the National 

Association of State Fire Marshals reported that some parts of the 

country have no minimum building or fire code requirements and, 

in states where such requirements are present, significant variation exists in their use and application. 

While some states and local jurisdictions use the Life Safety 

Code, published by the National Fire Protection Association 

(NFPA), as the code to govern annual maintenance of fire extinguishers, exit paths, and other issues related to safety of building 

users in an emergency situation, 43 states use the International 

Fire Code (IFC), published by the International Code Council (ICC) 


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to govern annual maintenance of building safety features. The two 

codes, while similar in scope, and equivalent in maintaining a safe 

building environment, cannot be enforced simultaneously without 

significant and unnecessary expense. Therefore, allowing use of the 

IFC in the alternative assures the safety of all veterans’ facilities, 

while not imposing additional inspection or compliance burdens in 

the 43 states where the IFC is currently adopted and enforced. 

Section 3 of H.R. 4057, as amended, would require per diem recipients under the VA Homeless Grant and Per Diem Program to 

provide VA with a certification of compliance with all relevant fire, 

safety, and building codes and require VA to include an accounting 

and evaluation of the safety and accessibility of facilities used for 

homeless veterans in the Annual Report on Assistance to Homeless 

Veterans. Existing recipients would have two years to certify such 

compliance. 

SECTION 4—ESTABLISHMENT OF OPEN BURN PIT REGISTRY

According to the Institute of Medicine, uncontrolled burning of 

waste in pits has been the primary solid waste management solution during the conflicts in Iraq and Afghanistan. Joint Base Balad, 

one of the largest military bases in Iraq, burned an estimated 100 

to 200 tons of waste per day in open-air burn pits in 2007. Burn 

pit usage was restricted in 2009 after servicemembers complained 

of poor odor, decreased visibility, and detrimental health effects. 

The potential long-term health effects of burn pit exposure continues to cause widespread concern on behalf of servicemembers, 

veterans, and their families. 

In response to these concerns, VA asked the Institute of Medicine 

(IOM) to conduct a study to assess the possible long-term health 

effects of burn pit exposure in veterans of Iraq and Afghanistan. 

The IOM study was issued on October 31, 2011. Due to complicating factors, including the presence of high background levels of 

ambient pollution from other sources, a lack of information regarding the quantity and composition of the waste burned in burn pits, 

and insufficient data on exposure to burn pit emissions, the IOM 

was unable to develop a firm conclusion regarding the long-term 

health effects of burn pit exposure. In an April 16, 2012, statement 

for the record for the Subcommittee on Health, the IOM recommended that, ‘‘[a]long with more efficient data gathering methods, the report recommends that a study be conducted that would 

evaluate the health status of servicemembers from their time of deployment . . . over many years to determine the incidence of 

chronic diseases, including cancers, that tend to show up decades 

after exposure.’’ 

VA has long identified a need for the Department to monitor possible health risks and understand the long-term consequences of 

exposure to chemical hazards during military service. Accordingly, 

the Department currently operates five environmental health registries, including an Agent Orange Registry and a Gulf War Registry. VA claims that these registries are intended for, ‘‘ . . . veterans who may have been exposed to certain environmental hazards during military service ‘‘and allow the Department to, ‘‘ . . . 

track and monitor the health of specific groups of veterans,’’ and 

to ‘‘ . . . understand and respond to . . . health problems more effectively.’’ Enrollment in a VA health registry is free and voluntary 


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and does not require a veteran to enroll in the VA healthcare system. VA’s Environmental Health Registry Brochure actively encourages all eligible veterans meeting the criteria for a registry to 

enroll and receive an evaluation. 

Section 4 of H.R. 4057, as amended, would require VA to establish and maintain an open burn pit registry, to include information 

necessary to ascertain and monitor health effects, for veterans of 

Iraq and Afghanistan who may have been exposed to toxic chemicals and fumes caused by open burn pits during deployment; direct 

VA to develop a public information campaign to inform eligible veterans about the registry and periodically notify them of significant 

developments in the study and treatment of conditions associated 

with burn pit exposure; require VA to contract with an independent 

scientific organization to develop a report on the effectiveness of actions taken to collect and maintain information on the health effects of burn pit exposure and submit the completed report to Congress. 

SECTION 5—PERFORMANCE AWARDS IN SENIOR EXECUTIVE SERVICES

Section 5384 of title 5, United States Code, sets out the authority 

for Federal agencies to allocate performance incentives to employees of the Senior Executive Service (SES). According to information 

supplied by VA, 221 SES bonuses were awarded in FY 2008 at a 

total cost of $3,816,330; 219 bonuses were awarded in FY 2009 at 

a total cost of $3,728,536; and 227 bonuses were awarded in FY 

2010 at a total cost of $3,342,100. During this tight fiscal climate, 

it is appropriate that VA reevaluate its entire bonus program and 

exercise restraint in its award of them particularly when there is 

a dubious connection between agency performance and bonuses 

awarded. 

In order to facilitate that reevaluation, section 5 would require 

VA to limit the amount paid in performance awards to senior staff 

to a total of $1 million for the fiscal years of 2013 to 2017. 

HEARINGS

On March 8, 2012, the Subcommittee on Economic Opportunity 

conducted a legislative hearing on various bills introduced during 

the 112th Congress, including H.R. 4057, The Following witnesses 

testified: 

Mr. Richard F. Weidman, Executive Director for Policy and Government Affairs, Vietnam Veterans of America; Mr. Ryan M. 

Gallucci, Deputy Director, National Legislative Service, the Veterans of Foreign Wars of the United States; Mr. Steve L. Gonzalez, 

Assistant Director, National Economic Commission, The American 

Legion; Mr. Jason R. Thigpen, Co-Founder and President, Student 

Veterans Advocacy Group; The Honorable Steve Gunderson, President and CEO, Association of Private Sector Colleges and Universities (APSCU); Dr. Allen L. Sessoms, President, the University of 

the District of Columbia, on behalf of American Association of State 

Colleges and Universities (AASCU); Mr. Curtis L. Coy, Deputy 

Under Secretary for Economic Opportunity, Veterans Benefits Administration, U.S. Department of Veterans Affairs, accompanied by 

Mr. C. Ford Heard, Associate Deputy Assistant Secretary for Procurement Policy, Systems and Oversight, Office of Acquisitions, LoVerDate Mar 15 2010 05:27 Sep 13, 2012 Jkt 019006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\HR646.XXX HR646

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gistics and Construction and Mr. Keith Wilson, Director, Education 

Service, Veterans Benefit Administration; MG Ronald G. Young 

USA (Ret.), Director, Family and Employer Program and Policy, 

U.S. Department of Defense; and Mr. Ismael ‘‘Junior’’ Ortiz, Deputy Assistant Secretary, Veterans’ Employment and Training Service, U.S. Department of Labor. 

On April 16, 2012, the Subcommittee on Health held a legislative 

hearing on various bills introduced during the 112th Congress, including H.R. 3337 and H.R. 4079. The following witnesses testified 

at the hearing: 

The Honorable William Owens, U.S. Representative from the 

23rd District of New York; the Honorable John Barrow, U.S. Representative from the 12th District of Georgia; the Honorable Jeff 

Denham, U.S. Representative from the 19th District of California; 

the Honorable Silvestre Reyes, U.S. Representative from the 16th 

District of Texas; the Honorable W. Todd Akin, U.S. Representative 

from the 2nd District of Missouri; the Honorable Robert T. Schilling, U.S. Representative from the 17th District of Illinois; and, the 

Honorable David B. McKinley, U.S. Representative from the 1st 

District of West Virginia; Shane Barker, Senior Legislative Associate for the Veterans of Foreign Wars; Adrian Atizado, Assistant 

National Legislative Director for the Disabled American Veterans; 

Ren ́ e A. Campos, Commander, U.S. Navy (Ret.) and Deputy Director of Government Relations for the Military Officers Association of 

America; Ramsey Sulayman, Legislative Associate for the Iraq and 

Afghanistan Veterans of America; and, Ralph Ibson, National Policy Director for the Wounded Warrior Project; Robert L. Jesse, 

M.D., Ph.D., the Principal Deputy Under Secretary for Health for 

the Veterans Health Administration for the U.S. Department of 

Veterans Affairs. Dr. Jesse was accompanied by Susan Blauert, the 

Deputy Assistant General Counsel for the Office of General Counsel for the U.S. Department of Veterans Affairs. Statements for the 

record were provided by the Institute of Medicine, Burn Pits 360, 

Humana Government, the National Coalition of Homeless Veterans, the National Association of State Fire Marshals, the Paralyzed Veterans of America, and the American Legion. 

SUBCOMMITTEE CONSIDERATION

On June 28, 2012, the Subcommittee on Economic Opportunity 

met in an open markup session, a quorum being present, and favorably forwarded to the full Committee H.R. 4057, as amended, by 

voice vote. During consideration of the bill the following amendment was considered: An amendment in the nature of a substitute 

offered by Ranking Member Braley of Iowa that added provisions 

requiring VA to provide links on its website to consumer education 

information for schools and programs approved for GI bill benefits 

was agreed to by voice vote. 

On June 29, 2012, the Subcommittee on Health met in an open 

markup session, a quorum being present, and favorably forwarded 

to the full Committee H.R. 3337, as amended, and H.R. 4079, as 

amended by voice vote. 

During consideration of H.R. 3337 the following amendment was 

considered and agreed to by voice vote. : 


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An amendment offered by Mr. Stearns of Florida that would 

limit the amount that VA would pay in performance awards to senior staff to $2 million per year over fiscal years (FYs) 2013–2017. 

During consideration of H.R. 4079 the following amendment was 

considered and agreed to by voice vote: 

An amendment in the nature of a substitute, offered by Ms. 

Buerkle of New York that would require per diem payment recipients under the VA GPD Program to provide VA with a certification 

of compliance with all relevant fire, safety, and building codes. It 

would also require VA to include an accounting and evaluation of 

the safety and accessibility of facilities used to provide programs 

for homeless veterans in the Annual Report on Assistance to Homeless Veterans. 

COMMITTEE CONSIDERATION

On July 11, 2012, the full Committee met in an open markup 

session, a quorum being present, and ordered H.R. 4057, as amended, reported favorably to the House of Representatives, by voice 

vote. During consideration of the bill, the following amendment 

was considered: 

An amendment in the nature of a substitute, by Mr. Bilirakis of 

Florida that made minor changes to the provisions in section 1 relating to education benefits and added sections 2, 3, 4, and 5 related to licensing and credentialing, grant and per diem payments, 

establishment of a burn pit registry, and limitations on executive 

bonuses at VA. During consideration of this amendment Mr. Walz 

of Minnesota offered an amendment to section 2 of the amendment 

in the nature of a substitute to add requirements to the disclosure 

of information on licensing and credentialing gathered by the Secretary of Labor, which was agreed to by voice vote. The amendment 

in the nature of a substitute, as amended, was agreed to by voice 

vote. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the recorded votes on the motion to report the legislation and amendments thereto. There were 

no recorded votes taken on amendments or in connection with ordering H.R. 4057, as amended, reported to the House. A motion by 

Ranking Member Bob Filner of California to order H.R. 4057, as 

amended, reported favorably to the House of Representatives was 

agreed to by voice vote. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goals and 

objectives are reflected in the descriptive portions of this report. 


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NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee adopts as its own the estimate of new budget authority, entitlement authority, or tax expenditures or revenues contained in the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

EARMARKS AND TAX AND TARIFF BENEFITS

H.R. 4057, as amended, does not contain any Congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9 of rule XXI of the Rules of the House of Representatives. 

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate on H.R. 4057, 

as amended, prepared by the Director of the Congressional Budget 

Office pursuant to section 402 of the Congressional Budget Act of 

1974. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate for H.R. 4057, 

as amended, provided by the Congressional Budget Office pursuant 

to section 402 of the Congressional Budget Act of 1974. 

U.S. CONGRESS

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, August 2, 2012. 

Hon. JEFF MILLER, 

Chairman, Committee on Veterans’ Affairs, 

U.S. House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4057, 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. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is William Ma. 

Sincerely, 

DOUGLAS W. ELMENDORF. Enclosure. 

H.R. 4057—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 

Summary: H.R. 4057 would require the Department of Veterans 

Affairs (VA) to provide information on educational institutions to 

veterans and servicemembers, establish a registry to track 

servicemembers who may have been exposed to toxic chemicals 


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caused by open burn pits, and make other changes to programs 

that provide services to veterans. The bill also would limit the 

amount of performance awards VA may pay to senior staff. 

On net, CBO estimates that implementing H.R. 4057 would re- duce discretionary costs by $1 million over the 2013–2017 period, 

assuming appropriation actions consistent with the bill. Pay-asyou-go procedures do not apply to this legislation because it would 

not affect direct spending or revenues. 

H.R. 4057 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 4057 is shown in the following table. The costs 

of this legislation fall within budget function 700 (veterans benefits 

and services). 

By fiscal year, in millions of dollars— 

2013 2014 2015 2016 2017 2013– 

2017 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Performance Awards for Senior Executive Staff: 

Estimated Authorization Level ............................................. ¥3 ¥3 ¥3 ¥3 ¥3 ¥13 

Estimated Outlays ............................................................... ¥3 ¥3 ¥3 ¥3 ¥3 ¥13 

Education Information for Veterans: 

Estimated Authorization Level ............................................. 4 1 1 1 1 8 

Estimated Outlays ............................................................... 3 1 1 1 1 7 

State Certifications and Licensing: 

Estimated Authorization Level ............................................. 0 2 * * * 3 

Estimated Outlays ............................................................... 0 1 1 * * 3 

Open Burn Pit Registry: 

Estimated Authorization Level ............................................. 1 1 * * * 2 

Estimated Outlays ............................................................... 1 1 * * * 2 

Total Changes: 

Estimated Authorization Level .................................... 2 1 ¥2 ¥2 ¥2 0 

Estimated Outlays ...................................................... 1 0 ¥1 ¥2 ¥2 ¥1 

Notes: Components may not sum to totals because of rounding. 

* = less than $500,000. 

Basis of estimate: This estimate is based on information from VA 

and the Department of Labor (DOL). For the purposes of this estimate, CBO assumes that the bill will be enacted near the beginning of fiscal year 2013, that annual appropriations acts consistent 

with this bill will be enacted, and that outlays will follow historical 

patterns for similar and existing programs. 

Performance awards for senior executive staff 

Section 5 would limit the total amount that VA could pay in performance awards to senior staff to $1 million per year over the 

2013–2017 period. In recent years, VA paid slightly less than $4 

million annually for performance awards. Assuming that similar 

amounts would be provided under current law going forward, CBO 

estimates that implementing section 5 would reduce discretionary 

costs for pay and performance by $13 million over the 2013–2017 

period, assuming appropriations actions consistent with the bill. 

Education information for Veterans 

Section 1 would require VA to develop a policy to improve outreach efforts to those veterans and servicemembers using, or seeking to use, their education benefits and to provide those individuals 

with detailed information on educational institutions. VA also 


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would be required to conduct a market survey of online applications that would allow veterans to assess their academic preparedness to pursue postsecondary education and training opportunities 

and provide those veterans with a list of providers of such opportunities. 

Based on information from VA, CBO estimates that VA would 

have to hire four additional full-time employees and develop an information technology (IT) system to implement those provisions. 

CBO estimate that hiring those employees, developing and maintaining the IT system, and conducting the outreach would cost $7 

million over the 2013–2017 period, assuming appropriation of the 

estimated amounts. 

State certifications and licensing 

Under section 2, to qualify for grants from DOL to provide employment services to veterans, states would have to submit to DOL 

their standards for issuing certifications or licenses to veterans who 

served in certain medical and transportation occupations while on 

active duty. In addition, the states would be required to include an 

explanation of how they evaluate the training and work experience 

received by those veterans. Upon receipt, DOL would have to publish that information on its Web site and share it with the Department of Defense. 

Based on information from DOL, CBO estimates that DOL would 

have to develop an IT system and utilize about four full-time employees to manage, and make available via the Internet, the information that would be provided by the states. CBO estimates that 

implementing section 2 would cost $3 million over the 2013–2017 

period, assuming appropriation of the necessary amounts. 

Open burn pit registry 

Section 4 would require VA, not later than 180 days after enactment, to establish an open burn pit registry for servicemembers 

who may have been exposed to toxic chemicals from burn pits while 

deployed in Iraq or Afghanistan. The registry would provide information on the health impacts from exposure to such toxins. This 

bill also would require VA to develop a campaign to make the public aware of the registry. Based on information about existing registries established by VA, CBO estimates that the start-up and 

maintenance costs for the registry and an associated public awareness campaign would amount to $1 million in 2013 and $2 million 

over the 2013–2017 period, assuming the availability of appropriated funds. 

Grants for homeless Veterans 

Section 3 would require recipients of certain grants to certify to 

VA that they comply with all state, local, and federal requirements 

relevant to their operations and the level of care provided to homeless veterans (for example, fire and safety regulations). Under current law, grantees are already required to meet such regulations 

but are not required to provide certification. CBO estimates the 

discretionary costs would not be significant (less than $500,000) 

over the 2013–2017 period, assuming the availability of the necessary funds, and would reflect VA’s cost to update the grant criteria and review compliance documents. 


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Pay-As-You-Go considerations: None. 

Estimated impact on state, local, and tribal governments: H.R. 

4057 contains no intergovernmental mandates as defined in 

UMRA. As a condition of federal assistance, the bill would prohibit 

public institutions of higher education from providing bonuses or 

incentive payments to admissions or recruiting personnel related to 

enrollment or financial aid awards. In addition, the bill would require states to certify the safety of facilities where assistance is 

provided to veterans and to provide DOL with standards for licensing commercial drivers and medical professionals in a state. Any 

costs incurred by those governments would result from complying 

with grant conditions. 

Estimated impact on the private sector: H.R. 4057 contains no 

new private-sector mandates as defined in UMRA. 

Estimate prepared by: Federal Costs: Ann Futrell, William Ma, 

and Dwayne Wright; Impact on State, Local, and Tribal Governments: Lisa Ramirez-Branum; Impact on the Private Sector: Elizabeth Bass. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates regarding H.R. 4057, as amended, prepared by the Director 

of the Congressional Budget Office pursuant to section 423 of the 

Unfunded Mandates Reform Act. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act would be created by H.R. 4057, as 

amended. 

STATEMENT OF CONSTITUTIONAL AUTHORITY

Pursuant to Article I, Section 8 of the United States Constitution, the reported bill is authorized by Congress’ power to ‘‘provide 

for the common Defense and general Welfare of the United States.’’ 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Comprehensive policy on providing education information 

to veterans 

Section 1(a) would amend chapter 36 of title 38, U.S.C. to add 

a new section that would require the VA to develop a comprehensive policy to improve outreach to veterans and to improve the 

transparency of information related to institutions of higher learning. The policy would require VA to address the following matters: 

the most effective way for VA to determine how to make veterans 

aware of education counseling under Chapter 36; a ‘‘centralized’’ 


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way to publish assessments and complaints from veterans including feedback from veterans and State Approving Agencies; the 

merit and manner in which State Approving Agencies share information with accrediting institutions; the manner in which 

servicemembers are informed through the Transition Assistance 

Programs (TAP) about information on education benefits; and the 

best way to inform veterans and servicemembers about post-secondary education and training. 

This section would also require that as part of this policy, VA 

would provide links on the Department’s website to the appropriate 

websites that include the following information regarding schools 

and programs approved for GI Bill benefits: types of accreditation 

available to schools; a description of Federal student aid programs; 

whether an institution is public, non-profit, or for-profit; name of 

the accrediting body that accredits the institution; how students 

could contact State Approving Agencies to file complaints; whether 

an institution participates in Title IV (Higher Ed Act) programs; 

tuition and fees; the median amount of federal student loan debt 

that the average student incurs while attending the institution, enrollment and graduation data; the degree to which an institution’s 

programs prepare a student to take Federal, state and local tests 

for licensure or certification in their area of study; the types of student support services offered by the institution, and a description 

of their policy regarding transfer of academic credits, including 

those from for-profit schools. 

Section 1(b) would amend the law to prohibit inducements of any 

kind to reward for recruiting by employees or students. 

Section 1(c) would require VA to determine the availability of 

commercial-off-the-shelf software to assist students in choosing an 

academic institution. It would also require VA to determine the 

availability of commercial-off-the-shelf software to assist students 

in determining readiness for post-secondary education and training. 

Section 1(d) would require VA to provide to Congress within 90 

days of enactment a report on development of the policy and its implementation. 

Section 2. State consideration of military training in granting certain State certifications and licenses as a condition on the receipt of funds for veterans employment and training 

Section 2(a) would amend 4012A(c) of title 38, U.S.C. to require, 

as a condition of receipt of a grant or contract for veteran employment and training, States to provide information to DoL describing 

how a State would treat military education and training towards 

a State’s licensing or certification requirements for the following occupations: nursing assistant, registered nurse, certified nursing assistant, emergency medical technician, and commercial driver’s license. The Department of Labor would have to report on their findings and would have to publish them on the Department’s internet 

website and to provide much info to DoD. 


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Section 3. Conditions on the Award of Per Diem payments by the 

Secretary of Veterans Affairs for the provision of housing or 

services to homeless veterans 

Section 3(a) of the bill would amend section 2012(c) of subchapter 

I of chapter 20 of title 38, U.S.C. to require recipients of VA per 

diem payments to certify that the building where the entity provides housing or services is in compliance with the Life Safety 

Code, the International Fire Code, and other state and local codes 

relevant to the operations and level of care provided. 

Section 3(b) of the bill would require VA to submit an annual report on the Secretary’s evaluation of the safety and accessibility of 

facilities used to provide programs established by grant recipients 

or other eligible entities. 

Section 3(c) of the bill would require current recipients of per 

diem payments under section 2012 of title 38 U.S.C. to submit a 

certification to VA of their compliance with the Life Safety Code, 

the International Fire Code, and other state and local codes relevant to the operations and level of care provided no later than two 

years after the date of enactment of this Act. 

Section 4. Establishment of Open Burn Pit Registry 

Section 4(a) of the bill would require VA to establish and maintain an open burn pit registry for eligible individuals; include certain information within such registry; develop a public information 

campaign to inform eligible individuals about the registry; and, periodically notify them of significant developments. 

Section 4(b) of the bill would require VA to enter into an agreement with an independent scientific organization to develop a report on the effectiveness of actions taken to collect and maintain 

information on the health effects of burn pit exposure and submit 

the report to Congress no later than 18 months after the date on 

which the registry under section 4(a) of the bill is established. 

Section 4(c) of the bill would define an ‘‘open burn pit’’ as an area 

of land located in Iraq or Afghanistan that is designated by the 

Secretary of Defense to be used for disposing of solid waste by 

burning in the outdoor air and does not contain a commercially 

manufactured incinerator or other equipment specifically designated and manufactured for the burning of solid waste; and, an 

‘‘eligible individual’’ as any individual who, after September 11, 

2001, was deployed in support of a contingency operation while 

serving in the Armed Forces and, during such deployment, was 

based or stationed at a location where an open burn pit was used. 

Section 5. Performance awards in senior executive services 

Section 5 would require VA to limit the amount paid in performance awards to senior staff to a total of $1 million for each of fiscal 

years 2013 to 2017. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 


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TITLE 38, UNITED STATES CODE 

* * * * * * * 

PART II—GENERAL BENEFITS 

* * * * * * * 

CHAPTER 20—BENEFITS FOR HOMELESS VETERANS 

* * * * * * * 

SUBCHAPTER II—COMPREHENSIVE SERVICE PROGRAMS 

* * * * * * * 

§ 2012. Per diem payments 

(a) * * * 

* * * * * * * 

(c) LIFE SAFETY CODE.—ø(1) Except as provided in paragraph (2), 

a per diem payment may not be provided under this section to a 

grant recipient or eligible entity unless the facilities of the grant 

recipient or eligible entity, as the case may be, meet applicable fire 

and safety requirements under the Life Safety Code of the National 

Fire Protection Association or such other comparable fire and safety requirements as the Secretary may specify.¿ (1) Except as provided in paragraph (2), a per diem payment may not be provided 

under this section to a grant recipient or eligible entity unless the 

entity submits to the Secretary a certification that the building 

where the entity provides such housing or services is in compliance 

with codes relevant to the operations and level of care provided, including the most current Life Safety Code or International Fire 

Code and all applicable State and local housing codes, licensing requirements, fire and safety requirements, and any other requirements in the jurisdiction in which the project is located regarding 

the condition of the structure and the operation of the supportive 

housing or service center. 

* * * * * * * 

SUBCHAPTER VII—OTHER PROVISIONS 

* * * * * * * 

§ 2065. Annual report on assistance to homeless veterans 

(a) * * * 

(b) GENERAL CONTENTS OF REPORT.—Each report under subsection (a) shall include the following: 

(1) * * * 

* * * * * * * 

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

of facilities used to provide programs established by grant recipients or eligible entities under section 2011 and 2012 of this 

title, including the number of such grant recipients or eligible 

entities who have submitted a certification under section 

2012(c)(1). 


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ø(6)¿ (7) Any other information on those programs and on 

the provision of such assistance that the Secretary considers 

appropriate. 

* * * * * * * 

PART III—READJUSTMENT AND RELATED 

BENEFITS 

* * * * * * * 

CHAPTER 36—ADMINISTRATION OF EDUCATIONAL 

BENEFITS 

SUBCHAPTER I—STATE APPROVING AGENCIES 

Sec. 

3670. Scope of approval. 

* * * * * * * 

SUBCHAPTER II—MISCELLANEOUS PROVISIONS 

* * * * * * * 

3698. Comprehensive policy on providing education information to veterans. 

* * * * * * * 

SUBCHAPTER II—MISCELLANEOUS PROVISIONS 

* * * * * * * 

§ 3696. Limitation on certain advertising, sales, and enrollment practices 

(a) * * * 

* * * * * * * 

(e) The Secretary shall not approve 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. 

* * * * * * * 

§ 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) The most effective way to inform individuals of the educational and vocational counseling provided under section 

3697A of this title. 

(2) A centralized way to track and publish feedback from students and State approving agencies regarding the quality of instruction and accreditation, recruiting practices, and post-graduation employment placement of institutions of higher learning. 


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(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 

et seq.) information regarding the State approving agency’s 

evaluation of an institution of higher learning. 

(4) The manner in which information regarding institutions 

of higher learning is provided to individuals participating in 

the Transition Assistance Program under section 1144 of title 

10. 

(5) The most effective way 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 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 students at institution; 

(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 enrollment rates, graduation rates, and retention rates; 

(ix) for each program of education offered by the institution that is designed to prepare a student for an occupation 

that requires a licensure or certification test offered by a 

Federal, State, or local government or has other preconditions or requirements, the degree to which the program prepares the student for the particular occupation; 

(x) whether the institution provides students with technical support, academic support, and other support services, including career counseling and job placement; and 


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(xi) whether the institution accepts academic credit by 

students who are transferring to the institution, including 

credits awarded by a proprietary for-profit institution. 

(2) To the extent possible, the Secretary shall provide the information described in paragraph (1) by including hyperlinks on the 

Internet website of the Department to other websites that contain 

such information in a form that is comprehensive and easily understood by veterans, members, and other individuals. 

(d) 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. 

* * * * * * * 

CHAPTER 41—JOB COUNSELING, TRAINING, AND 

PLACEMENT SERVICE FOR VETERANS 

* * * * * * * 

§ 4102A. Assistant Secretary of Labor for Veterans’ Employment and Training; program functions; Regional 

Administrators 

(a) * * * 

* * * * * * * 

(c) CONDITIONS FOR RECEIPT OF FUNDS.—(1) * * * 

* * * * * * * 

(9)(A) As a condition of a grant or contract under which funds are 

made available to a State in order to carry out section 4103A or 

4104 of this title for any program year, the Secretary shall require 

the State to disclose to the Secretary in writing the following: 

(i) Criteria applicants must satisfy to receive a certification or 

license described in subparagraph (B) by the State. 

(ii) A description of the standard practices of the State for 

evaluating training received by veterans while serving on active 

duty in the Armed Forces and evaluating the documented work 

experience of such veterans during such service for purposes of 

approving or denying a certification or license described in subparagraph (B). 

(iii) Identification of areas in which training and experience 

described in clause (ii) fails to meet criteria described in clause 

(i). 

(B) A certification or license described in this subparagraph is 

any of the following: 

(i) A license to be a nonemergency medical professional. 

(ii) A license to be an emergency medical professional. 

(iii) Any commercial driver’s license. 

(C) The Secretary shall share the information the Secretary receives under subparagraph (A)(ii) with the Secretary of Defense to 

help the Secretary of Defense improve training for military occupational specialties so that individuals who receive such training are 


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able to receive a certification or license described in subparagraph 

(B) from a State. 

(D) The Secretary shall publish on the Internet website of the Department— 

(i) any guidance the Secretary gives the Secretary of Defense 

with respect to carrying out this section; and 

(ii) any information the Secretary receives from a State pursuant to subparagraph (A). 

* * * * * * * 

Æ 


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