[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 357 Referred in Senate (RFS)]

113th CONGRESS
  2d Session
                                H. R. 357


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 4, 2014

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

_______________________________________________________________________

                                 AN ACT


 
To amend title 38, United States Code, to require courses of education 
 provided by public institutions of higher education that are approved 
for purposes of the educational assistance programs administered by the 
 Secretary of Veterans Affairs to charge veterans tuition and fees at 
   the in-State tuition rate, to make other improvements in the laws 
relating to benefits administered by the Secretary of Veterans Affairs, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``GI Bill Tuition 
Fairness Act of 2014''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
Sec. 3. Scoring of budgetary effects.
Sec. 4. Approval of courses of education provided by public 
                            institutions of higher education for 
                            purposes of All-Volunteer Force Educational 
                            Assistance Program and Post-9/11 
                            Educational Assistance conditional on in-
                            State tuition rate for veterans.
Sec. 5. Clarification of eligibility for services under the Homeless 
                            Veterans Reintegration Program.
Sec. 6. Extension of eligibility period for vocational rehabilitation 
                            programs.
Sec. 7. Work-study allowance.
Sec. 8. Responsibilities of the Directors of Veterans' Employment and 
                            Training.
Sec. 9. Contents of Transition Assistance Program.
Sec. 10. Rounding down of increase in rates of disability compensation 
                            and dependency and indemnity compensation.
Sec. 11. Limitation on performance awards in the senior executive 
                            service.
Sec. 12. Semiannual reports to Congress on cost of certain travel.
Sec. 13. Report of infectious disease at medical facilities of 
                            Department of Veterans Affairs.
Sec. 14. Prohibition of visual recording without informed consent.
Sec. 15. Two-month extension of Veterans Retraining Assistance Program.

SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of title 38, 
United States Code.

SEC. 3. SCORING OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

SEC. 4. APPROVAL OF COURSES OF EDUCATION PROVIDED BY PUBLIC 
              INSTITUTIONS OF HIGHER EDUCATION FOR PURPOSES OF ALL-
              VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM AND POST-
              9/11 EDUCATIONAL ASSISTANCE CONDITIONAL ON IN-STATE 
              TUITION RATE FOR VETERANS.

    (a) In General.--Section 3679 is amended by adding at the end the 
following new subsection:
    ``(c)(1) Notwithstanding any other provision of this chapter and 
subject to paragraphs (3) through (6), the Secretary shall disapprove a 
course of education provided by a public institution of higher 
education to a covered individual pursuing a course of education with 
educational assistance under chapter 30 or 33 of this title while 
living in the State in which the public institution of higher education 
is located if the institution charges tuition and fees for that course 
for the covered individual at a rate that is higher than the rate the 
institution charges for tuition and fees for that course for residents 
of the State in which the institution is located, regardless of the 
covered individual's State of residence.
    ``(2) For purposes of this subsection, a covered individual is a 
veteran who was discharged or released from a period of not fewer than 
90 days of service in the active military, naval, or air service less 
than three years before the date of enrollment in the course concerned.
    ``(3) If after enrollment in a course of education that is subject 
to disapproval under paragraph (1) a covered individual pursues one or 
more courses of education at the same public institution of higher 
education while remaining continuously enrolled (other than during 
regularly scheduled breaks between courses, semesters or terms) at that 
institution of higher education, any course so pursued by the covered 
individual at that institution of higher education while so 
continuously enrolled shall also be subject to disapproval under 
paragraph (1).
    ``(4) It shall not be grounds to disapprove a course of education 
under paragraph (1) if a public institution of higher education 
requires a covered individual pursuing a course of education at the 
institution to demonstrate an intent, by means other than satisfying a 
physical presence requirement, to establish residency in the State in 
which the institution is located, or to satisfy other requirements not 
relating to the establishment of residency, in order to be charged 
tuition and fees for that course at a rate that is equal to or less 
than the rate the institution charges for tuition and fees for that 
course for residents of the State.
    ``(5) The Secretary may waive such requirements of paragraph (1) as 
the Secretary considers appropriate.
    ``(6) Disapproval under paragraph (1) shall apply only with respect 
to educational assistance under chapters 30 and 33 of this title.''.
    (b) Effective Date.--Subsection (c) of section 3679 of title 38, 
United States Code (as added by subsection (a) of this section), shall 
apply with respect to educational assistance provided for pursuit of 
programs of education during academic terms that begin after July 1, 
2016, through courses of education that commence on or after that date.

SEC. 5. CLARIFICATION OF ELIGIBILITY FOR SERVICES UNDER THE HOMELESS 
              VETERANS REINTEGRATION PROGRAM.

    Subsection (a) of section 2021 is amended by striking 
``reintegration of homeless veterans into the labor force.'' and 
inserting the following: ``reintegration into the labor force of--
            ``(1) homeless veterans;
            ``(2) veterans participating in the Department of Veterans 
        Affairs supported housing program for which rental assistance 
        provided pursuant to section 8(o)(19) of the United States 
        Housing Act of 1937 (42 U.S.C. 1437f(o)(19)); and
            ``(3) veterans who are transitioning from being 
        incarcerated.''.

SEC. 6. EXTENSION OF ELIGIBILITY PERIOD FOR VOCATIONAL REHABILITATION 
              PROGRAMS.

    (a) Extension.--Section 3103 is amended by striking ``twelve-year 
period'' and inserting ``17-year period'' each place it appears.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to a veteran applying for assistance under chapter 
31 of title 38, United States Code, on or after the date of the 
enactment of this Act.

SEC. 7. WORK-STUDY ALLOWANCE.

    Section 3485(a)(4) is amended by striking ``June 30, 2013'' each 
place it appears and inserting ``June 30, 2018''.

SEC. 8. RESPONSIBILITIES OF THE DIRECTORS OF VETERANS' EMPLOYMENT AND 
              TRAINING.

    Section 4103 is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b) Responsibilities.--Each Director assigned to a State under 
subsection (a) shall carry out the following responsibilities:
            ``(1) Monitoring the performance of veterans' training and 
        employment programs in the State, with special emphasis on 
        services to disabled veterans.
            ``(2) Monitoring the performance of the State workforce 
        agency in complying with section 4212 of this title.
            ``(3) Suggesting to the Assistant Secretary of Labor for 
        Veterans' Employment and Training corrective actions that could 
        be taken by the State workforce agency to address deficiencies 
        in the performance of veterans' training and employment 
        programs in the State.
            ``(4) Annually negotiating with the State workforce agency 
        to establish performance goals for veterans' training and 
        employment programs in the State.
            ``(5) Reviewing the State's requests for funding for 
        veterans' training and employment programs and providing advice 
        to the State workforce agency and the Assistant Secretary 
        regarding such funding requests.
            ``(6) Forwarding complaints regarding possible violations 
        of chapter 43 of this title to the appropriate Regional 
        Administrator or to the to the Assistant Secretary, as 
        required.
            ``(7) Carrying out grant officer technical representative 
        responsibilities for grants issued under programs administered 
        by the Department.
            ``(8) Providing advice to the State workforce agency on 
        strategies to market veterans to employers.
            ``(9) Supervising and managing all support staff, including 
        Assistant Directors, establishing workload priorities, managing 
        all personnel actions, and evaluating all assigned personnel.
            ``(10) Submitting to the Assistant Secretary regular 
        reports on the matters described in paragraphs (1), (2), (4), 
        and (8), and any other matters the Assistant Secretary 
        determine appropriate.
            ``(11) Performing such other related duties as directed by 
        the Assistant Secretary.''.

SEC. 9. CONTENTS OF TRANSITION ASSISTANCE PROGRAM.

    (a) In General.--Section 1144 of title 10, United States Code, is 
amended--
            (1) in subsection (b), by adding at the end the following 
        new paragraph:
            ``(9) Provide information about disability-related 
        employment and education protections.''.
            (2) by redesignating subsections (c), (d), and (e), as 
        subsections (d), (e), and (f), respectively; and
            (3) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c) Additional Elements of Program.--The mandatory program 
carried out by this section shall include--
            ``(1) for any such member who plans to use the member's 
        entitlement to educational assistance under title 38--
                    ``(A) instruction providing an overview of the use 
                of such entitlement; and
                    ``(B) courses of post-secondary education 
                appropriate for the member, courses of post-secondary 
                education compatible with the member's education goals, 
                and instruction on how to finance the member's post-
                secondary education; and
            ``(2) instruction in the benefits under laws administered 
        by the Secretary of Veterans Affairs and in other subjects 
        determined by the Secretary concerned.''.
    (b) Deadline for Implementation.--The program carried out under 
section 1144 of title 10, United States Code, shall comply with the 
requirements of subsections (b)(9) and (c) of such section, as added by 
subsection (a), by not later than April 1, 2015.
    (c) Feasibility Study.--Not later than 270 days after the date of 
the enactment of this Act, the Secretary of Veterans Affairs shall 
submit to the Committee on Veterans' Affairs and the Committee on Armed 
Services of the Senate and the Committee on Veterans' Affairs and the 
Committee on Armed Services of the House of Representatives the results 
of a study carried out by the Secretary to determine the feasibility of 
providing the instruction described in subsection (b) of section 1142 
of title 10, United States Code, at all overseas locations where such 
instruction is provided by entering into a contract jointly with the 
Secretary of Labor for the provision of such instruction.

SEC. 10. ROUNDING DOWN OF INCREASE IN RATES OF DISABILITY COMPENSATION 
              AND DEPENDENCY AND INDEMNITY COMPENSATION.

    (a) Rounding.--Each dollar amount increased under section 2 of the 
Veterans' Compensation Cost- of-Living Adjustment Act of 2013 (Public 
Law 113-52), if not a whole dollar amount, shall be rounded to the next 
lower whole dollar amount.
    (b) Applicability.--Subsection (a) shall apply with respect to a 
payment made after the date of the enactment of this Act.

SEC. 11. LIMITATION ON PERFORMANCE AWARDS IN THE SENIOR EXECUTIVE 
              SERVICE.

    For each of fiscal years 2014 through 2018, the Secretary of 
Veterans Affairs may not make any performance awards under section 5384 
of title 5, United States Code.

SEC. 12. SEMIANNUAL REPORTS TO CONGRESS ON COST OF CERTAIN TRAVEL.

    (a) In General.--Subchapter I of chapter 5 is amended by adding at 
the end the following new section:
``Sec. 518. Semiannual reports to Congress on cost of certain travel
    ``(a) Semiannual Reports.--Not later than June 30, 2014, and not 
later than 60 days after each 180-day period thereafter, the Secretary 
shall submit to the Committee on Veterans' Affairs of the House of 
Representatives and the Committee on Veterans' Affairs of the Senate a 
semiannual report on covered travel made during the 180-day period 
covered by the report.
    ``(b) Matters Included.--Each report under subsection (a) shall 
include the following:
            ``(1) With respect to each instance of covered travel made 
        during the period covered by the report--
                    ``(A) the purpose of such travel;
                    ``(B) the destination;
                    ``(C) the name and title of each employee included 
                on such travel;
                    ``(D) the duration of such travel;
                    ``(E) the total cost to the Department of such 
                travel; and
                    ``(F) with respect to covered travel described in 
                subsection (d)(2), the identity of the person or entity 
                that paid or reimbursed for such travel.
            ``(2) The final costs to the Department with respect to all 
        covered travel made during the period covered by the report, 
        including costs relating to--
                    ``(A) transportation, including fares for travel by 
                air, rail, bus, ferry, cruise ship, taxi, mass transit, 
                or other mode of transportation;
                    ``(B) expenses or reimbursements relating to 
                operating and maintaining a car, including the costs of 
                fuel and mileage;
                    ``(C) passport and visa fees;
                    ``(D) lodging;
                    ``(E) per diem payments;
                    ``(F) baggage charges;
                    ``(G) computer rental fees;
                    ``(H) rental of halls, auditoriums, or other 
                spaces;
                    ``(I) entertainment;
                    ``(J) contractors;
                    ``(K) registration fees; and
                    ``(L) promotional items.
    ``(c) Duplicative Information.--Each report under subsection (a) 
shall include the information described in subsection (b) regardless of 
whether such information is also included in a report under section 517 
of this title.
    ``(d) Covered Travel Defined.--In this section, the term `covered 
travel' means travel made by an employee of the Department of Veterans 
Affairs, including an employee who is stationed in a foreign country, 
on official business to any of the following locations:
            ``(1) If the Department or other element of the Federal 
        Government pays for such travel, a location outside of--
                    ``(A) the several States;
                    ``(B) the District of Columbia;
                    ``(C) a territory, commonwealth, or possession of 
                the United States;
                    ``(D) Indian lands (as defined in section 4(4) of 
                the Indian Gaming Regulatory Act (25 U.S.C. 2703(4))); 
                or
                    ``(E) the territorial waters of the United States.
            ``(2) If any person or entity other than the Federal 
        Government pays (or reimburses) for such travel, any location, 
        regardless of whether the location is inside or outside of the 
        United States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding after the item relating to section 
517 the following new item:

``518. Semiannual reports to Congress on cost of certain travel.''.

SEC. 13. REPORT OF INFECTIOUS DISEASE AT MEDICAL FACILITIES OF 
              DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Section 7311 is amended by adding at the end the 
following new subsection:
    ``(f)(1) The Secretary shall report to the appropriate entity each 
case of a notifiable infectious disease or condition that is diagnosed 
at a medical facility of the Department of Veterans Affairs in 
accordance with the laws of the State in which the facility is located.
    ``(2) In addition to reporting each case of a notifiable infectious 
disease or condition at a medical facility of the Department pursuant 
to paragraph (1), the Secretary shall report each such case that is 
classified as a health-care-associated infection sentinel event to the 
accrediting organization of such facility.
    ``(3)(A) If the Secretary fails to report a case of a notifiable 
infectious disease or condition at a medical facility of the Department 
in accordance with State law pursuant to paragraph (1), the Secretary 
shall--
            ``(i) take any remedial action required under the laws of 
        the State to correct such failure; and
            ``(ii) if the Secretary does not correct such failure 
        pursuant to clause (i), pay to the State an amount equal to the 
        amount that a medical facility not owned by the Federal 
        Government that is located in the same State would pay as a 
        penalty to such State for such failure.
    ``(B) The State may file a civil action against the Secretary in 
the United States district court for the district in which the medical 
facility is located to recover from the United States the amount 
described in subparagraph (A)(ii).
    ``(C) A civil action under subparagraph (B) may not be commenced 
later than two years after the cause of action accrues.
    ``(4)(A) In any case in which the Inspector General of the 
Department suspects that a director of a Veterans Integrated Service 
Network has failed to comply with an applicable provision of this 
subsection, the Inspector General shall conduct an investigation to 
determine whether such director failed to comply with an applicable 
provision of this section.
    ``(B) If the Inspector General determines under subparagraph (A) 
that a director has failed to comply with a provision of this 
subsection, the Secretary shall suspend such director for such period 
as the Secretary considers appropriate under subchapter I or subchapter 
II of chapter 75 of title 5, as the case may be. In addition to such 
suspension, the Secretary may impose such other administrative 
disciplinary action on the director as the Secretary considers 
appropriate and for which the Secretary is otherwise authorized.
    ``(5) The Secretary shall--
            ``(A) maintain records of each notifiable infectious 
        disease or condition reported pursuant to paragraph (1); and
            ``(B) submit to the Committees on Veterans' Affairs of the 
        House of Representatives and the Senate a notification of each 
        such notifiable infectious disease or condition.
    ``(6) In this subsection, the term `notifiable infectious disease 
or condition' means any infectious disease or condition that is--
            ``(A) on the list of nationally notifiable diseases or 
        conditions published by the Council of State and Territorial 
        Epidemiologists and the Centers for Disease Control and 
        Prevention; or
            ``(B) covered by a provision of law of a State that 
        requires the reporting of infectious diseases or conditions.''.
    (b) Effective Date.--The reporting requirement under section 
7311(f) of title 38, United States Code, as added by subsection (a), 
shall apply with respect to a case of a notifiable infectious disease 
or condition diagnosed at a medical facility of the Department of 
Veterans Affairs on or after the date that is 60 days after the date of 
the enactment of this Act.

SEC. 14. PROHIBITION OF VISUAL RECORDING WITHOUT INFORMED CONSENT.

    Section 7331 is amended--
            (1) by striking ``The Secretary, upon'' and inserting ``(a) 
        In General.--The Secretary, upon''; and
            (2) by adding at the end the following new subsection:
    ``(b) Visual Recording.--(1) The Secretary shall prescribe 
regulations establishing procedures to ensure that, except as provided 
by paragraph (2), any visual recording made by the Secretary of a 
patient during the course of furnishing care under this title is 
carried out only with the full and informed consent of the patient or, 
in appropriate cases, a representative thereof.
    ``(2) The Secretary may waive the requirement for informed consent 
under paragraph (1) with respect to the visual recording of a patient 
if such recording is made--
            ``(A) pursuant to a determination by a physician or 
        psychologist that such recording is medically necessary or 
        necessary for the safety of the patient;
            ``(B) pursuant to a warrant or order of a court of 
        competent jurisdiction; or
            ``(C) in a public setting where a person would not have a 
        reasonable expectation to privacy, such as a waiting room or 
        hallway, and such recording is for general security purposes 
        not particularized to the patient.
    ``(3) In this subsection, the term `visual recording' means the 
recording or transmission of images or video, but does not include--
            ``(A) medical imaging, including such imaging produced by 
        radiographic procedures, nuclear medicine, endoscopy, 
        ultrasound, or other similar procedures; or
            ``(B) images, video, and other clinical information 
        transmitted for the purposes of providing treatment through 
        telehealth and telemedicine technologies.''.

SEC. 15. TWO-MONTH EXTENSION OF VETERANS RETRAINING ASSISTANCE PROGRAM.

    Section 211 of the VOW to Hire Heroes Act of 2011 (Public Law 112-
56; 125 Stat. 713; 38 U.S.C. 4100 note) is amended--
            (1) in subsection (a)(2)(B), by striking ``March 31, 2014'' 
        and inserting ``May 31, 2014''; and
            (2) in subsection (k), by striking ``March 31, 2014'' and 
        inserting ``May 31, 2014''.

            Passed the House of Representatives February 3, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.