In the nature of a substitute.

1. Replaces the bill's text with a full substitute

   Replaces the full textEverything after the enacting clause

   In H.R. 4057 · Referred in Senate

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   SECTION 1. COMPREHENSIVE POLICY ON PROVIDING EDUCATION INFORMATION TO VETERANS.

   (a) Comprehensive Policy Required.--

   (1) In general.--Chapter 36 of title 38, United States Code, is amended by adding at the end the following new section:

   "Sec. 3698. Comprehensive policy on providing education information to veterans

   "(a) Comprehensive Policy Required.--The Secretary shall develop a comprehensive policy to improve outreach and transparency to veterans and members of the Armed Forces through the provision of information on institutions of higher learning.

   "(b) Scope.--In developing the policy required by subsection (a), the Secretary shall include each of the following elements:

   "(1) [struck: The most effective way][inserted: Effective and efficient methods] to inform individuals of the educational and vocational counseling provided under section 3697A of this title.

   "(2) A centralized [struck: way to track][inserted: mechanism for tracking] and [struck: publish][inserted: publishing] feedback from students and State approving agencies regarding the quality of instruction[struck: and accreditation], recruiting practices, and [struck: post- graduation ][inserted: post-graduation ]employment placement of institutions of higher learning[struck: .][inserted: that--]

   Struck: "(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.

   Struck: "(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.

   Struck: "(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.

   Inserted: "(A) allows institutions of higher learning to verify feedback and address issues regarding feedback before the feedback is published;

   Inserted: "(B) protects the privacy of students, including by not publishing the names of students; and

   Inserted: "(C) publishes only feedback that conforms with criteria for relevancy that the Secretary shall determine.

   Inserted: "(3) The merit of and the manner in which a State approving agency shares with an accrediting agency or association recognized by the Secretary of Education under subpart 2 of part H of title IV of the Higher Education Act of 1965 (20 U.S.C. 1099b) information regarding the State approving agency's evaluation of an institution of higher learning.

   Inserted: "(4) Description of the information provided to individuals participating in the Transition Assistance Program under section 1144 of title 10 relating to institutions of higher learning.

   Inserted: "(5) Effective and efficient methods to provide veterans and members of the Armed Forces with information regarding postsecondary education and training opportunities available to the veteran or member.

   "(c) Postsecondary Education Information.--(1) The Secretary shall ensure that the information provided pursuant to subsection (b)(5) includes--

   "(A) an explanation of the different types of accreditation available to educational institutions and programs of education;

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   "(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 [inserted: any ]programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.);

   "(v) the tuition and fees;

   "(vi) the median amount of debt from Federal student loans under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) held by [struck: students ][inserted: individuals upon completion of programs of education ]at [inserted: the ]institution[inserted: of higher learning (as determined from information collected by the Secretary of Education)];

   "(vii) the cohort default rate, as defined in section 435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)), of the institution;

   Struck: "(viii) the enrollment rates, graduation rates, and retention rates;

   Struck: "(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;

   Inserted: "(viii) the total enrollment, graduation rate, and retention rate, as determined from information collected by the Integrated Postsecondary Education Data System of the Secretary of Education;

   "([struck: x][inserted: ix]) whether the institution provides students with technical support, academic support, and other support services, including career counseling and job placement; and

   Struck: "(xi) whether the institution accepts academic credit by students who are transferring to the institution, including credits awarded by a proprietary for-profit institution.

   Inserted: "(x) the information regarding the institution's policies related to transfer of credit from other institutions, as required under section 485(h)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(h)(1)) and provided to the Secretary of Education under section 132(i)(1)(V)(iv) of such Act (20 U.S.C. 1015a(i)(1)(V)(iv)).

   "(2) To the extent [struck: possible][inserted: practicable], the Secretary shall provide the information described in paragraph (1) by including hyperlinks on the Internet website of the Department to other [inserted: Internet ]websites that contain such information[struck: ][inserted: , including the Internet website of the Department of Education, ]in a form that is comprehensive and easily understood by veterans, members[inserted: of the Armed Forces], and other individuals.

   Struck: "(d) Definitions.--In this section:

   Inserted: "(3)(A) If the Secretary of Veterans Affairs requires, for purposes of providing information pursuant to subsection (b)(5), information that has been reported, or information that is similar to information that has been reported, by an institution of higher learning to the Secretary of Education, the Secretary of Defense, the Secretary of Labor, or the heads of other Federal agencies under a provision of law other than under this section, the Secretary of Veterans Affairs shall obtain the information the Secretary of Veterans Affairs requires from the Secretary or head with the information rather than the institution of higher learning.

   Inserted: "(B) If the Secretary of Veterans Affairs requires, for purposes of providing information pursuant to subsection (b)(5), information from an institution of higher learning that has not been reported to another Federal agency, the Secretary shall, to the degree practicable, obtain such information through the Secretary of Education.

   Inserted: "(d) Consistency With Existing Education Policy.--In carrying out this section, the Secretary shall ensure that--

   Inserted: "(1) the comprehensive policy is consistent with any requirements and initiatives resulting from Executive Order No. 13607; and

   Inserted: "(2) the efforts of the Secretary to implement the comprehensive policy do not duplicate the efforts being taken by any Federal agencies.

   Inserted: "(e) Communication With Institutions of Higher Learning.--To the extent practicable, if the Secretary considers it necessary to communicate with an institution of higher learning to carry out the comprehensive policy required by subsection (a), the Secretary shall carry out such communication through the use of a communication system of the Department of Education.

   Inserted: "(f) Definitions.--In this section:

   "(1) The term 'institution of higher learning' has the meaning given that term in section 3452(f) of this title.

   "(2) The term 'postsecondary education and training opportunities' means any postsecondary program of education, including apprenticeships and on-job training, for which the Secretary of Veterans Affairs provides assistance to a veteran or member of the Armed Forces.".

   (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 3697A the following new item:

   "3698. Comprehensive policy on providing education information to veterans.".

   Struck: (b) Prohibition on Inducements.--Section 3696 of title 38, United States Code, is amended by adding at the end the following new subsection:

   Struck: "(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.".

   ([struck: c][inserted: b]) Survey.--In developing the policy required by section 3698(a) of title 38, United States Code, as added by subsection (a), the Secretary [inserted: of Veterans Affairs ]shall conduct a market survey to determine the availability of the following:

   (1) A commercially available off-the-shelf online tool that allows a veteran or member of the Armed Forces to assess whether the veteran or member is academically ready to engage in postsecondary education and training opportunities and whether the veteran or member would need any remedial preparation before beginning such opportunities.

   (2) A commercially available off-the-shelf online tool that provides a veteran or member of the Armed Forces with a list of providers of postsecondary education and training opportunities based on criteria selected by the veteran or member.

   ([struck: d][inserted: c]) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary [struck: shall submit to the Committees on ][inserted: of ]Veterans[struck: '] Affairs [struck: of the House of Representatives and ][inserted: shall submit to ]the [struck: Senate, the Committee on Education and the Workforce ][inserted: appropriate committees ]of [struck: the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate ][inserted: Congress ]a report that includes--

   (1) a description of the policy developed by the Secretary under section 3698(a) of title 38, United States Code, as added by subsection (a);

   (2) a plan of the Secretary to implement such policy; and

   (3) the results of the survey conducted under subsection (b), including whether the Secretary plans to implement the tools described in such subsection.

   ([struck: e][inserted: d]) Definitions.--In this section:

   Struck: (1) The term "commercially available off-the-shelf" has the meaning given that term in section 104 of title 41, United States Code.

   Struck: (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.

   Struck: 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.

   Struck: (a) In General.--Section 4102A(c) of title 38, United States Code, is amended by adding at the end the following:

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   Struck: "(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:

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

   Struck: "(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).

   Struck: "(iii) Identification of areas in which training and experience described in clause (ii) fails to meet criteria described in clause (i).

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

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

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

   Struck: "(iii) Any commercial driver's license.

   Struck: "(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.

   Struck: "(D) The Secretary shall publish on the Internet website of the Department--

   Struck: "(i) any guidance the Secretary gives the Secretary of Defense with respect to carrying out this section; and

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

   Struck: (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to a program year beginning on or after October 1, 2013.

   Struck: 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.

   Struck: (a) Condition.--

   Struck: (1) In general.--Paragraph (1) of section 2012(c) of title 38, United States Code, is amended to read as follows:

   Struck: "(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.".

   Struck: (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.

   Struck: (b) Annual Report.--Section 2065(b) of title 38, United States Code, is amended--

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

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

   Struck: "(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).".

   Struck: (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.

   Struck: SEC. 4. ESTABLISHMENT OF OPEN BURN PIT REGISTRY.

   Struck: (a) Establishment of Registry.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall--

   Struck: (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;

   Struck: (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;

   Struck: (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

   Struck: (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.

   Struck: (b) Report to Congress.--

   Struck: (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:

   Struck: (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.

   Struck: (B) Recommendations to improve the collection and maintenance of such information.

   Struck: (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.

   Struck: (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).

   Struck: (c) Definitions.--In this section:

   Struck: (1) The term "open burn pit" means an area of land located in Afghanistan or Iraq that--

   Struck: (A) is designated by the Secretary of Defense to be used for disposing solid waste by burning in the outdoor air; and

   Struck: (B) does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste.

   Struck: (2) The term "eligible individual" means any individual who, on or after September 11, 2001--

   Struck: (A) was deployed in support of a contingency operation while serving in the Armed Forces; and

   Struck: (B) during such deployment, was based or stationed at a location where an open burn pit was used.

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

   Struck: For each of fiscal years 2013 through 2017, the Secretary of Veterans Affairs may not pay more than

   Struck: $1,000,000 in performance awards under section 5384 of title 5, United States Code.

   Struck: Passed the House of Representatives September 11, 2012.

   Inserted: (1) Appropriate committees of congress.--The term "appropriate committees of Congress" means--

   Inserted: (A) the Committee on Veterans' Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate; and

   Inserted: (B) the Committee on Veterans' Affairs and the Committee on Education and the Workforce of the House of Representatives.

   Inserted: (2) Commercially available off-the-shelf.--The term "commercially available off-the-shelf" has the meaning given that term in section 104 of title 41, United States Code.

   Inserted: (3) Postsecondary education and training opportunities.--The term "postsecondary education and training opportunities" means any postsecondary program of education, including apprenticeships and on-job training, for which the Secretary of Veterans Affairs provides assistance to a veteran or member of the Armed Forces.

   Inserted: SEC. 2. PROHIBITION ON CERTAIN USES OF INDUCEMENTS BY EDUCATIONAL INSTITUTIONS.

   Inserted: Section 3696 of title 38, United States Code, is amended by adding at the end the following new subsection:

   Inserted: "(d)(1) The Secretary shall not approve under this chapter any course offered by an educational institution if the educational institution provides any commission, bonus, or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any persons or entities engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance.

   Inserted: "(2) To the degree practicable, the Secretary shall carry out paragraph (1) in a manner that is consistent with the Secretary of Education's enforcement of section 487(a)(20) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(20)).".

   Inserted: SEC. 3. DEDICATED POINTS OF CONTACT FOR SCHOOL CERTIFYING OFFICIALS.

   Inserted: Section 3684 of title 38, United States Code, is amended by adding at the end the following new subsection:

   Inserted: "(d) Not later than 90 days after the date of the enactment of this subsection, the Secretary shall ensure that the Department provides personnel of educational institutions who are charged with submitting reports or

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   Inserted: certifications to the Secretary under this section with assistance in preparing and submitting such reports or certifications.".

   Inserted: SEC. 4. LIMITATION ON AWARDS AND BONUSES TO EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS.

   Inserted: For fiscal year 2013, the Secretary of Veterans Affairs may not pay more than $395,000,000 in awards or bonuses under chapter 45 or 53 of title 5, United States Code, or any other awards or bonuses authorized under such title.

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