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 Sec-
retary of Veterans Affairs to develop a comprehensive 
policy to improve outreach and transparency to veterans 
and members of the Armed Forces through the provision 
of information on institutions of higher learning, and 
for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. COMPREHENSIVE POLICY ON PROVIDING EDU-
CATION 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 edu-
cation information to veterans 
‘‘(a) COMPREHENSIVE POLICY REQUIRED.—The Sec-
retary shall develop a comprehensive policy to improve out-
reach and transparency to veterans and members of the 
Armed Forces through the provision of information on in-
stitutions of higher learning. 
‘‘(b) SCOPE.—In developing the policy required by 
subsection (a), the Secretary shall include each of the fol-
lowing elements: 
‘‘(1) The most effective way to inform individ-
uals 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 agen-
cies regarding the quality of instruction and accredi-
tation, recruiting practices, and post-graduation em-
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ployment placement of institutions of higher learn-
ing. 
‘‘(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 learn-
ing. 
‘‘(4) The manner in which information regard-
ing institutions of higher learning is provided to in-
dividuals 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 op-
portunities available to the veteran or member. 
‘‘(c) POSTSECONDARY EDUCATION INFORMATION.— 
(1) The Secretary shall ensure that the information pro-
vided pursuant to subsection (b)(5) includes— 
‘‘(A) an explanation of the different types of ac-
creditation available to educational institutions and 
programs of education; 
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‘‘(B) a description of Federal student aid pro-
grams; 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, pri-
vate nonprofit, or proprietary for-profit; 
‘‘(ii) the name of the national or regional 
accrediting agency that accredits the institu-
tion, 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 stu-
dents; 
‘‘(iv) whether the institution participates in 
programs under title IV of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1070 et seq.); 
‘‘(v) the tuition and fees; 
‘‘(vi) the median amount of debt from Fed-
eral student loans under title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1070 et 
seq.) held by students at institution; 
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‘‘(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 licen-
sure or certification test offered by a Federal, 
State, or local government or has other pre-
conditions or requirements, the degree to which 
the program prepares the student for the par-
ticular occupation; 
‘‘(x) whether the institution provides stu-
dents with technical support, academic support, 
and other support services, including career 
counseling and job placement; and 
‘‘(xi) whether the institution accepts aca-
demic 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 pro-
vide the information described in paragraph (1) by includ-
ing hyperlinks on the Internet website of the Department 
to other websites that contain such information in a form 
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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 sec-
tions 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 com-
mission, bonus, or other incentive payment based directly 
or indirectly on success in securing enrollments or finan-
cial aid to any persons or entities engaged in any student 
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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 edu-
cation and training opportunities and whether the 
veteran or member would need any remedial prepa-
ration 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 edu-
cation 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 Edu-
cation and the Workforce of the House of Representatives, 
and the Committee on Health, Education, Labor, and 
Pensions of the Senate a report that includes— 
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(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 sub-
section. 
(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. 
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SEC. 2. STATE CONSIDERATION OF MILITARY TRAINING IN 
GRANTING CERTAIN STATE CERTIFICATIONS 
AND LICENSES AS A CONDITION ON THE RE-
CEIPT OF FUNDS FOR VETERANS EMPLOY-
MENT 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 vet-
erans while serving on active duty in the Armed 
Forces and evaluating the documented work experi-
ence of such veterans during such service for pur-
poses of approving or denying a certification or li-
cense 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). 
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‘‘(B) A certification or license described in this sub-
paragraph is any of the following: 
‘‘(i) A license to be a nonemergency medical 
professional. 
‘‘(ii) A license to be an emergency medical pro-
fessional. 
‘‘(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 im-
prove 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 Sec-
retary 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. 
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SEC. 3. CONDITIONS ON THE AWARD OF PER DIEM PAY-
MENTS 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 Inter-
national Fire Code and all applicable State and local hous-
ing codes, licensing requirements, fire and safety require-
ments, 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 ap-
plication 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. 
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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; 
(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 sig-
nificant developments in the study and treatment of 
conditions associated with exposure to toxic chemi-
cals and fumes caused by open burn pits. 
(b) REPORT TO CONGRESS.— 
(1) REPORT BY INDEPENDENT SCIENTIFIC OR-
GANIZATION.—The Secretary of Veterans Affairs 
shall enter into an agreement with an independent 
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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 col-
lection and maintenance of such information. 
(C) Using established and previously pub-
lished epidemiological studies, recommendations 
regarding the most effective and prudent means 
of addressing the medical needs of eligible indi-
viduals 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— 
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(A) is designated by the Secretary of De-
fense to be used for disposing solid waste by 
burning in the outdoor air; and 
(B) does not contain a commercially manu-
factured incinerator or other equipment specifi-
cally designed and manufactured for the burn-
ing 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 contin-
gency 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 EXECU-
TIVE SERVICE. 
For each of fiscal years 2013 through 2017, the Sec-
retary of Veterans Affairs may not pay more than 
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$1,000,000 in performance awards under section 5384 of 
title 5, United States Code. 
Passed the House of Representatives September 11, 
2012. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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