[Congressional Record (Bound Edition), Volume 160 (2014), Part 2]
[House]
[Pages 2365-2371]
[From the U.S. 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

[[Page 2366]]

     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:

[[Page 2367]]



     ``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''.

  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

[[Page 2368]]

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 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.

[[Page 2369]]

  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.
  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

[[Page 2370]]

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 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.

[[Page 2371]]

  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 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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