[Congressional Record Volume 160, Number 20 (Monday, February 3, 2014)]
[House]
[Pages H1520-H1526]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1715
GI BILL TUITION FAIRNESS ACT OF 2013
Mr. MILLER of Florida. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 357) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 357
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 2013''.
(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.
[[Page H1521]]
``(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;
[[Page H1522]]
``(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''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Miller) and the gentleman from California (Mr. Takano)
each will control 20 minutes.
The Chair recognizes the gentleman from California.
Mr. MILLER of Florida. Mr. Speaker, I yield myself such time as I may
consume.
H.R. 357, as amended, is a bipartisan package of legislation that
relates to improving employment and training opportunities for
America's veterans. While there are many worthwhile provisions in this
bill, I want to focus on section 4 primarily, which deals with instate
tuition for veterans, and section 14, which ensures privacy of veterans
who are being treated at a VA medical facility.
Mr. Speaker, our Nation's veterans have always been a source of
strength for America's economy. The post-9/11 GI Bill has given
thousands of our veterans the opportunity to attend college or receive
other types of vocational training at little to no cost to the veteran
themselves.
Every dollar that we provide in education and training benefits to
veterans under the GI Bill goes right back into our economy when these
veterans graduate and enter the workforce. I think we can all call that
a great investment.
However, there are many veterans, through no fault of their own, who
are forced to pay exorbitant tuition rates to schools simply because of
the transit nature of their military service, and that precludes them
from meeting some of the burdensome State residency requirements.
Mr. Speaker, as most American families know, the difference between
instate versus out-of-state tuition at most public schools is immense.
According to the College Board, the average instate tuition and fees at
public institutions is now $8,655 a year. Out-of-state students pay an
average of $21,706 per year.
Since the post-9/11 GI Bill will only pay for tuition and fees at the
instate rates at public schools, out-of-state student veterans could
incur significant debt to make up that difference. I believe that this
practice has got to end.
The men and women who served this Nation did not just defend the
citizens of their own home States, but the citizens of all 50 States.
The educational
[[Page H1523]]
benefits they receive from the taxpayers should reflect the same
reality.
Mr. Speaker, many States are out in front on this issue, including my
home State of Florida, and I applaud the 22 States that currently offer
some form of instate tuition to veterans, regardless of their
residency.
Other State legislatures again, as I said, including my home State of
Florida, are currently reviewing legislation to provide this benefit.
It is my hope that the House passes this bill, and it will encourage
those States to move forward.
To that end, section 4 of the bill would require that, in order for
public colleges and universities to be eligible to receive payments
from a veteran's GI Bill benefits, they must enroll these veterans at
instate tuition and fee rates.
There are important limitations to this requirement. First, States
would be permitted to require that student veterans show intent to
become full-time residents of the State in which they are attending
school.
Secondly, the instate requirement would only apply to veterans who
are attending college within 3 years of their discharge from Active
Duty. These limitations will ensure that this policy not only targets
the population of veterans that are most adversely affected by
residency requirements following their military separation, but also
fairly recognizes States' legitimate interest in subsidizing public
education for its taxpaying citizens.
Mr. Speaker, I also want to highlight section 14 of the bill, which
incorporates the text of a bill that I introduced called the Veterans'
Privacy Act.
In June of 2012, a covert camera disguised as a smoke detector was
installed in the room of a brain-damaged veteran who was being treated
at the James A. Haley Veterans' Hospital in Tampa. Upon discovering the
hidden camera, the veteran's family was understandably outraged. When
the veteran's family asked about the camera, VA officials first stated
that the camera did not exist. Then they changed their story and
admitted that the ``smoke detector'' was actually a video camera.
When further asked if the camera was recording, the VA told the
family that the camera was only monitoring the patient; it was not
recording. Only after inquiries by local media and the Veterans'
Affairs Committee did VA admit that the camera was, in fact, recording
the patient. VA then removed the camera from the patient's room.
In the wake of this incident, I sent a letter to VA asking for its
legal authority to place a camera in a patient's room without their
consent. The VA replied that the hidden camera did not violate the law.
I am deeply disturbed at VA's actions and response to the privacy
interests of this veteran and can't help but wonder whether similar
incidents are occurring across the country. That is why I authored this
section, which should direct VA to prescribe regulations ensuring that
when veterans receive care from VA, their privacy will not be violated
by unauthorized video surveillance.
Mr. Speaker, as I said, there are many other worthwhile provisions in
this bill, and I defer to my colleagues on the floor this afternoon to
highlight other remaining provisions.
I thank my good friends and the ranking member of the committee, the
gentleman from California (Mr. Takano), and everybody who is here today
who are cosponsors of this bill and helping us to move forward.
I am also grateful to Leader Cantor and Speaker Boehner for their
help in bringing this legislation to the floor.
With that, I urge all of my colleagues to join me in supporting H.R.
357, as amended.
Mr. Speaker, I reserve the balance of my time.
Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
As one of Riverside County's Representatives, a county that has the
eighth-largest veterans' population in the Nation, I proudly rise today
in support of H.R. 357, as amended. This bill is a far-ranging bill
that seeks to improve the lives of our veterans.
H.R. 357 includes a number of measures that were considered by the
Subcommittee on Economic Opportunity and was reported favorably out of
the Veterans' Affairs Committee last June.
I want to thank Chairman Miller of the full committee, and Chairman
Flores of the Subcommittee on Economic Opportunity, for their
leadership. I especially enjoyed holding several field hearings last
year with Chairman Flores in our respective districts.
The Veterans' Affairs Committee has traditionally been a bipartisan
committee, and I am pleased to see that cooperation continue as both
leaders helped bring this bill to the floor today.
In the area of education, H.R. 357 would require all public colleges
and universities using the GI Bill to provide all veterans with instate
tuition rates. Currently, veterans who have not established residency
at the school of their choice must pay out-of-state tuition rates.
In order to fulfill their military obligations, servicemembers must
uproot their families and periodically move around the country. This
makes it difficult to establish residency for purposes of instate
tuition rates when veterans seek to use their GI Bill benefits. By
providing all veterans with instate tuition rates, H.R. 357 will make
it easier for veterans to choose the educational institution that best
serves their needs.
The new Transition Assistance Program includes a mandatory 5-day core
program of instruction that all separating servicemembers are required
to take. The education portion is an optional track available to all
members but is not required. Some separating servicemembers may not
have additional time to take an optional course.
H.R. 357 would move the education track to the mandatory portion for
veterans seeking to use their GI Bill benefits, which will ensure that
these veterans can make better choices regarding their education and
assist them in making the most of their GI Bill benefits.
In addition, H.R. 357 also extends the Veterans Retraining Assistance
Program for 2 months to better align the program with the traditional
academic semester.
Now, in addition to these provisions, Mr. Speaker, I would like to
highlight two sections which I have sponsored and which are included in
H.R. 357. I believe these sections will also assist our veterans in
terms of their education and in finding work after their separation
from the military.
Section 6 is from the first bill I introduced, H.R. 844, the
VetSuccess Enhancement Act. This provision would extend from 12 years
to 17 years the eligibility period that veterans with service-connected
disabilities have to enroll in VA vocational rehabilitation and
employment programs.
Veterans with traumatic brain injury or spinal cord injury often
require years to complete rehabilitation and adjust to the new
realities of day-to-day living. Only then can these veterans consider
returning to work. This provision will provide these veterans with the
additional time they need to seek vocational rehabilitative services.
Section 7 is from another bill I introduced, H.R. 1453, the Work-
Study for Student Veterans Act. This section provides for a 5-year
extension of the Veterans Work-Study program at the VA.
As an educator, I know how important these programs are to students
to enable them to fit some part-time work into their academic term. The
VA program pays veterans to perform a variety of tasks, including
assisting other transitioning veterans by helping them with outreach.
By providing support in the college Office of Veterans' Affairs,
these students help other veterans to navigate the VA system. It is an
important program to veteran students in my district and to thousands
of others in schools across the country.
The last provision that tackles transition issues would codify the
major duties of the directors and assistant directors from the
Department of Labor's Veterans' Employment and Training Services.
At present, there is no standardization of the requirements and
duties of these positions. H.R. 357 will provide more consistency in
the services provided veterans by standardizing the responsibilities of
these officials. In addition, codifying their duties will enable us to
better track their funding, review their performance and hold everyone
accountable to the same standard.
[[Page H1524]]
These are important changes to the educational benefits and
transition services for our veterans and will better assist veterans in
serving our communities and our Nation after they leave service.
Finally, in terms of fighting veteran homelessness and improving VA
medical care, H.R. 357 would clarify that veterans who are homeless and
participating in the HUD-VASH voucher program, and those who are
transitioning from incarceration, are eligible for services under the
Homeless Veteran Reintegration Program, or the HVRP. I am sure that all
these veterans will find these services very beneficial as they look to
begin the next chapter in their lives.
H.R. 357 would require the VA to more consistently report infectious
diseases diagnosed at VA medical facilities to State authorities to
increase the likelihood that infectious disease outbreaks that may
occur are addressed sooner and more comprehensively.
Although we have expressed concerns over the enforcement mechanism
included in this provision, we all can support the importance of
comprehensive notification.
H.R. 357 also includes a provision that would protect a veteran's
personal privacy by directing the VA to ensure that any visual
recording made of a patient during treatment is carried out only with
the full and informed consent of that patient.
Mr. Speaker, I reserve the balance of my time.
{time} 1730
Mr. MILLER of Florida. Mr. Speaker, I am proud to yield 2 minutes to
the gentleman from Florida, Gus Bilirakis, the vice chairman of the
full committee and sponsor for veterans not only in his community but
around this country.
Mr. BILIRAKIS. Mr. Speaker, I thank the gentleman from Florida,
Chairman Miller, for all of his good work on behalf of our true
American heroes, and I also want to thank the ranking member for his
good work on behalf of this particular bill and all of its provisions.
Mr. Speaker, I rise today in support of H.R. 357, the GI Bill Tuition
Fairness Act of 2013. This is an important package of veterans'
legislation, of which I am a cosponsor, that works to increase access
for our Nation's heroes and the benefits they have earned through their
service to our country. In particular, I want to highlight three
sections of this legislation that I am very proud to support.
H.R. 357 will make informed changes to the GI Bill program that will
allow States to jump-start the process to provide instate tuition to
veterans. The bill would require that in order for an educational
institution to receive GI Bill funding, they must offer instate tuition
to veterans, regardless of the veteran's residency. That is the least
we can do. And I really appreciate the chair sponsoring this provision.
Mr. Speaker, our members of the armed services are not given options
as to where they will reside. They move according to the needs of the
military. It is only fitting that, when these veterans use their earned
benefits, they are not penalized because of residency requirements that
they have no control over.
H.R. 357 also provides an extension of the Veterans Retraining
Assistance Program, also originally sponsored by our chair. This
important program offers 12 months of training assistance to unemployed
veterans between the ages of 35 and 60. Again, it is the least we can
do. During these difficult economic times, it is important that we do
everything we can to assist our veterans in their job search and
retraining efforts.
I also want to commend the chairman for another provision, and it is
the VA's patients' privacy act. And, of course, we need to give our
veterans the privacy that they so deserve, as patients.
I would like to urge all our Members to support this great bill.
Mr. TAKANO. Mr. Speaker, at this time, I yield 3 minutes to the
gentlewoman from Nevada (Ms. Titus), who is also the ranking member of
the Veterans' Affairs Subcommittee on Disability Assistance and
Memorial Affairs.
Ms. TITUS. Mr. Speaker, I would like to thank the chairman for
bringing this bill to the floor and my colleague and fellow educator,
Mr. Takano, for yielding to me.
I rise today in support of H.R. 357, the GI Bill Tuition Fairness Act
of 2013. As professor emeritus of political science at the University
of Nevada, Las Vegas, I know firsthand the importance of a college
education. And I am proud that my home State of Nevada already has laws
in place that allow all veterans, regardless of residency status, to
pay instate tuition while attending our public colleges and
universities.
I was fortunate to teach a number of our Nation's heroes during my
time at UNLV. Having these veterans in class was truly a win-win
situation. Our veterans are able to pursue a college degree to help
them with their transition to civilian life, and their fellow students
are able to benefit from hearing about the veterans' experiences in the
military, on the battlefield, and in foreign lands while they have
served our country.
I am proud to be a cosponsor of this important legislation that will
improve our higher education system and help our Nation's heroes
acquire the skills and knowledge to complement their experience so they
can succeed once they leave the military.
I thank the chairman again for bringing this bill, and I encourage
all of my colleagues to support it.
Mr. MILLER of Florida. Mr. Speaker, I am pleased to yield 2 minutes
to the gentleman from Colorado (Mr. Coffman), the chairman of the
Subcommittee on Oversight & Investigations.
Mr. COFFMAN. Mr. Speaker, I rise in support of H.R. 357 and, in
particular, section 13, which encompasses my legislation, the
Infectious Disease Reporting Act.
Section 13 imposes necessary requirements on the Department of
Veterans Affairs to report infectious disease outbreaks at their
medical facilities. These requirements are a response to infectious
disease problems at VA facilities that were uncovered by my
subcommittee's investigations last year. The investigations highlighted
a deadly outbreak of Legionnaires' disease at the Pittsburgh VA from
February 2011 to November 2012 which tragically caused the deaths of at
least five veterans and afflicted as many as 22 others.
According to medical experts, timely disease surveillance is critical
to infectious disease control; and delayed, incomplete, or inconsistent
disease reporting can compromise an effective public health response
and result in further infectious disease outbreaks.
Although it has become clear that these deaths could have been
prevented with proper procedures, the VA failed to act appropriately
within widely accepted medical practices. Surprisingly, the VA is not
required by current law to report the incidence of infectious diseases
at their facilities to State and local public health officials.
As one of the Nation's largest health care providers, VA should set
the standard for infectious disease reporting. However, they do not
even participate in infectious disease reporting like all other medical
facilities within a particular State, creating a public health risk to
those localities with VA facilities.
In response, section 13 requires the VA to report each case of an
infectious disease in accordance with the laws of the State in which
the facility is located.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. MILLER of Florida. I yield the gentleman an additional 30
seconds.
Mr. COFFMAN. And failure to report will subject the VA facility to
State penalties. These penalties are vital to ensure the VA will comply
with and improve their reporting requirements.
Given the VA's recent inadequate responses to infectious disease
outbreaks, it is imperative that Congress and our veterans demand
improvements. Therefore, I urge full support of section 13 of H.R. 357,
as well as the passage of the entire bill.
Mr. TAKANO. Mr. Speaker, at this time, I am pleased to yield 2
minutes to the gentleman from Pennsylvania (Mr. Doyle), a great
champion of veterans and former member of this committee.
Mr. DOYLE. Mr. Speaker, I rise today in support of H.R. 357, the GI
Bill
[[Page H1525]]
Tuition Fairness Act. This legislation contains a number of important
changes in VA programs that provide our veterans with education,
training, rehabilitation, disability benefits, and housing; and it
deserves our support.
I want to focus my remarks today on the disease reporting provisions
in the bill because I have been deeply involved with that issue over
the last year or so.
In November of 2012, the VA announced that there had been an outbreak
of Legionnaires' disease at a VA hospital in Pittsburgh, which I
represent. Shortly thereafter, I joined other members of the regional
congressional delegation in requesting investigations into the
outbreak. In response, the House Committee on Veterans' Affairs and the
VA Inspector General's Office examined the outbreak and the events
leading up to it at length. The Centers for Disease Control also looked
into the outbreak and determined that it had resulted in several deaths
and more than two dozen illnesses.
I want to personally express my gratitude to my good friend Veterans'
Affairs Committee Chairman Jeff Miller, Oversight Subcommittee Chairman
Coffman, and Ranking Member Michaud for being so responsive to our
requests for investigations and investigating the outbreak and holding
hearings on it last year.
In the end, the hearings and investigations identified a number of
shortcomings in the way the outbreak was handled and the need to be
addressed. One of the concerns raised, as we learned more about the
outbreak, was that for some time after the local VA facility knew it
had Legionella bacteria in its water supply and that VA patients had
been sickened by it, it had not notified State or local health agencies
about the outbreak. Under current law, VA is not required to make such
reports, which are required of all other hospitals.
Chairman Miller, Subcommittee Chairman Coffman, Senator Casey, and
Congressmen Murphy, Rothfus, and I all agree that in the future the VA
should be required to report outbreaks of potentially deadly diseases
to public health authorities, just like other hospitals already do.
The language in this bill is the result of our discussions over a
number of months. I believe that the need for this reporting
requirement is obvious. I urge my colleagues to support this bill which
will make this important change.
Mr. MILLER of Florida. Mr. Speaker, I also want to thank my good
friend from Pennsylvania (Mr. Doyle) for being in the forefront on this
particular issue.
At this time, I yield 1\1/2\ minutes to the gentleman from the 12th
District of Pennsylvania (Mr. Rothfus).
Mr. ROTHFUS. Mr. Speaker, I rise in strong support of our Nation's
veterans and the legislation currently under consideration. This
legislation makes much-needed reforms that would bring accountability
and transparency to the Department of Veterans Affairs.
Over the past year, I have worked with Chairman Miller and Chairman
Coffman, my western Pennsylvania colleagues--Congressmen Doyle, Murphy,
Kelly, and Shuster--and local veterans' families to investigate the
outbreak of Legionnaires' disease at the Pittsburgh VA.
The VA Office of the Inspector General determined systemic failures
surrounding the outbreak led to tragic and preventable deaths of local
veterans. We must do all we can to ensure that this does not happen
again.
Chairman Coffman's Infectious Disease Reporting Act, which I strongly
support, has been included in today's legislation. This commonsense
reform will increase transparency and save lives by improving
infectious disease reporting requirements and requiring the VA to
follow the same rules as the rest of our world-class health care
institutions in western Pennsylvania.
Today's legislation also builds on an amendment I offered last year
that prohibits bonuses for senior VA executives. This money would be
better spent resolving the VA disability claims backlog and ensuring
that our veterans are receiving the first-rate care they have earned.
I urge my colleagues on both sides of the aisle to vote for this
legislation, and I look forward to continuing to working with my
colleagues in Congress to serve our Nation's veterans.
Mr. TAKANO. I reserve the balance of my time.
Mr. MILLER of Florida. Mr. Speaker, at this time, I yield 3 minutes
to the gentleman from the 18th District of Pennsylvania, Dr. Murphy, a
Navy Reservist himself.
Mr. MURPHY of Pennsylvania. Mr. Speaker, ``Sonny'' Calcagno, age 85;
John Ciarolla, age 83; Clark Compston, age 74; John McChesney, age 63;
William Nicklas, age 87; and ``Mitch'' Wanstreet, age 65 are the
victims of the Legionnaires' disease outbreak at the Pittsburgh VA
health care system in 2011 and 2012. We can never really heal the
emotional scars that these families have suffered and the 21 additional
families who had a family member with a case of Legionnaires', but we
can work to make sure something like this doesn't happen again.
Today's legislation fixes one of the flaws uncovered during this
investigation; and under this bill, VA hospitals will soon follow the
same reporting requirements for infectious diseases as other medical
facilities. This way, public health authorities will know when a
disease outbreak occurs and can take immediate action.
Thanks to the dogged determination and diligence of Chairman Miller,
Congressman Coffman, the House Veterans' Affairs Committee, the ranking
member, and my colleagues, Messrs. Doyle, Rothfus, and Kelly, we now
know the Legionnaires' outbreak was entirely preventable except for the
gross mismanagement and negligence of a few key officials at the
Pittsburgh VA.
The inspector general's report revealed some troubling findings. The
VA lacked proper documentation and maintenance of the water system, and
was lax in properly informing and testing patients. Further, the VA did
not communicate properly with the hospital system in the detection of
Legionella. That is why this bill is necessary, because timely
reporting and transparency requires adherence to the strongest
standards, followed by quick action.
But with this, our work is not yet done. It has been more than 2
months since I last asked VA Secretary General Shinseki to tell
Congress what has been done to hold accountable those who are
responsible for this outbreak, and his agency has promised to do so.
But Congress is still waiting for an answer.
{time} 1745
Transparency and accountability are essential for the Secretary to
rebuild the trust in the VA. We are grateful to our veterans for their
service and grateful to the hard workers of the VA hospital system. The
Pittsburgh VA has been a leader in infection control work and should be
commended for that, but, in this case, the failures of some are simply
unacceptable.
My hope is that through this bill requiring reporting of infection
cases we will be able to restore the trust that the VA has with its
veterans and their families. It is so critically needed in order to
make these essential changes.
I ask for my colleagues to vote in support of this bill.
Mr. TAKANO. Does the gentleman from Florida have additional speakers?
Mr. MILLER of Florida. Mr. Speaker, I have one more speaker at this
time.
Mr. TAKANO. I reserve the balance of my time.
Mr. MILLER of Florida. Mr. Speaker, I yield 1 minute to the gentleman
from the Third District of the State of Pennsylvania, Mike Kelly, who
is a stalwart supporter of the veterans in the State of Pennsylvania
and also the United States.
Mr. KELLY of Pennsylvania. Mr. Speaker, I rise in strong support of
H.R. 357, the GI Bill Tuition Fairness Act of 2013, a bill introduced
by my friend, Representative Jeff Miller, chairman of the Veterans'
Affairs Committee.
I wish to highlight section 13, which includes H.R. 1792, the
Infectious Disease Reporting Act, a bill introduced by my friend,
Representative Mike Coffman, chairman of the Veterans' Affairs
Committee's Subcommittee on Oversight and Investigations. The
Infectious Disease Reporting Act is a bill that I am proud to
cosponsor.
This commonsense provision is necessary to respond to infectious
disease issues at VA facilities nationwide, including the deadly
outbreak of Legionnaires' Disease at the Pittsburgh VA in
[[Page H1526]]
2011 and 2012 that killed at least five of our veterans and sickened as
many as 22. This facility became ground zero for the Veterans' Affairs
Committee's investigation, which found gross mismanagement by the
Pittsburgh VA in response to the 2011 outbreak. This is particularly
troubling to me as there are many veterans in my district who rely on
the Pittsburgh VA for their health care.
Currently, the VA facilities are not required by law to report
infectious disease at VA facilities to State and local health
officials, even though the VA is one of the Nation's largest health
providers; yet, the University of Pittsburgh Medical Center--it is only
a few hundred feet away--is required to do this.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. MILLER of Florida. I yield the gentleman an additional 30
seconds.
Mr. KELLY of Pennsylvania. This inconsistency makes absolutely no
sense and leaves the VA off the hook. In other words, this bill holds
VA facilities accountable to the same standards as other medical
facilities located in the same State. This just makes sense.
Now, our veterans, who have sacrificed so much, deserve far better.
This bill is a step in the right direction to ensure that veterans
receive safe, high quality health care at the VA. I urge strong support
of H.R. 357.
Mr. TAKANO. Mr. Speaker, in closing, H.R. 357 makes important changes
to the benefits and services we provide veterans and to the manner in
which we provide them. I urge my colleagues to support H.R. 357, as
amended.
I have no further speakers, and I yield back the balance of my time.
General Leave
Mr. MILLER of Florida. Mr. Speaker, I ask unanimous consent that all
Members would have 5 legislative days with which to revise and extend
their remarks and add any extraneous materials that they may have on
this legislation.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. MILLER of Florida. Thank you to all the Members who have come to
the floor today to support this bill. I encourage all Members to
support this legislation, and I yield back the balance of my time.
Mr. GINGREY of Georgia. Mr. Speaker, I rise today in support of H.R.
357, the GI Bill Tuition Fairness Act. In addition to requiring all
public institutions to give veterans in-state tuition rates as a
condition of receiving GI Bill education benefits, this legislation
also includes a five year limitation on executive bonuses at the
Department of Veterans Affairs.
Under current practice, the VA pays out about $400 million in bonuses
each year. Recently, we have seen these bonuses too often go to people
whose work does not merit a reward, and to the contrary, may even
warrant reprimand.
This practice has been evident at the Atlanta VA Medical Center,
where despite the fact that four unexpected deaths were attributed to
mismanagement and lack of oversight, tens of thousands of dollars in
bonuses were awarded to top level executives at the facility. At the
Charlie Norwood VA Medical Center in Augusta, three patients died after
management failed to act in a timely manner to schedule appointments.
Despite requests to the VA, we are still waiting to hear whether those
responsible received bonuses instead of reprimands.
It is past time that we stop blindly handing out rewards pay--bonuses
should be the exception, not the norm. Furthermore, at a time when so
many of our soldiers are returning from war, and in light of the deaths
in Atlanta, I believe the VA should prioritize veterans' health and
well-being above all else.
Mr. Speaker, we should reward our veterans with quality care and
services in exchange for their commitment to our country and our
freedoms. I urge my colleagues to join me in expressing support for our
nation's veterans by supporting H.R. 357.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Florida (Mr. Miller) that the House suspend the rules
and pass the bill, H.R. 357, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. MILLER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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