[House Report 112-646]
[From the U.S. Government Publishing Office]
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
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:
``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) 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 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
``(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 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 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;
(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).
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 for-profit, 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 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.
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. Grants may also be used to
procure vans for outreach and transportation 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 one-eighth 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) 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 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,
Logistics 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; Rene
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. :
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.
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
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
reduce discretionary costs by $1 million over the 2013-2017
period, assuming appropriation actions consistent with the
bill. Pay-as-you-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 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.
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'' 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.
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):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART II--GENERAL BENEFITS
* * * * * * *
CHAPTER 20--BENEFITS FOR HOMELESS VETERANS
* * * * * * *
SUBCHAPTER II--COMPREHENSIVE SERVICE PROGRAMS
* * * * * * *
Sec. 2012. Per diem payments
(a) * * *
* * * * * * *
(c) Life Safety Code.--[(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
* * * * * * *
Sec. 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).
[(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
* * * * * * *
Sec. 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.
* * * * * * *
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) 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 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
(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
* * * * * * *
Sec. 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 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).
* * * * * * *