[Congressional Record Volume 160, Number 88 (Monday, June 9, 2014)]
[House]
[Pages H5130-H5134]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEMANDING ACCOUNTABILITY FOR VETERANS ACT OF 2014
Mr. BENISHEK. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2072) to amend title 38, United States Code, to improve the
accountability of the Secretary of Veterans Affairs to the Inspector
General of the Department of Veterans Affairs, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2072
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Demanding Accountability for
Veterans Act of 2014''.
SEC. 2. 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.
[[Page H5131]]
SEC. 3. ACCOUNTABILITY OF SECRETARY OF VETERANS AFFAIRS TO
INSPECTOR GENERAL OF THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Chapter 7 of title 38, United States Code,
is amended by adding at the end the following new section:
``Sec. 712. Accountability of Secretary to Inspector General
``(a) List of Managers.--(1) If the Inspector General of
the Department of Veterans Affairs determines that the
Secretary has not appropriately responded with significant
progress to a covered report by the date specified in the
action plan of the Secretary developed in response to such
covered report--
``(A) the Inspector General shall notify the Committees on
Veterans' Affairs of the Senate and House of Representatives
and the Secretary of such failure to appropriately respond;
and
``(B) not later than 15 days after such notification, the
Secretary shall submit to the Inspector General a list of the
names of each responsible manager and the matter in the
action plan for which the manager is responsible.
``(2) The Inspector General may not make public the names
of responsible managers submitted under paragraph (1)(B).
``(b) Performance of Responsible Managers.--(1) The
Secretary shall--
``(A) promptly notify each responsible manager of a covered
issue by not later than seven days after the date on which
the Secretary submits to the Inspector General the name of
the manager under subsection (a)(1)(B);
``(B) direct such manager to resolve such issue; and
``(C) provide such manager with appropriate counseling and
a mitigation plan with respect to resolving such issue.
``(2) The Secretary shall ensure that any performance
review of a responsible manager includes an evaluation of
whether the manager took appropriate actions during the
period covered by the review to respond to the covered issue
for which a request was made under subsection (a).
``(3) The Secretary may not pay to a responsible manager
any bonus or award, including a performance award under
section 5384 of title 5 if the covered issue for which a
request was made under subsection (a) is unresolved.
``(c) Role of Inspector General.--Any authority of the
Inspector General provided under this section is in addition
to any responsibility or authority provided to the Inspector
General in the Inspector General Act of 1978 (5 U.S.C. App).
``(d) Definitions.--In this section:
``(1) The term `covered issue' means, with respect to a
responsible manager, an issue described in a covered report
for which the manager is or was responsible.
``(2) The term `covered report' means a report by the
Inspector General of the Department of Veterans Affairs that
recommends actions to the Secretary of Veterans Affairs (or
other official or employee of the Department) to address an
issue in the Department with respect to public health or
safety.
``(3) The term `responsible manager' means an individual
who--
``(A) is an employee of the Department;
``(B) is or was responsible for an issue included in a
covered report; and
``(C) in being so responsible, is or was employed in a
management position, regardless of whether the employee is in
the competitive civil service, Senior Executive Service, or
other type of civil service.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 711 the following new item:
``712. Accountability of Secretary to Inspector General.''.
SEC. 4. SECRETARY OF VETERANS AFFAIRS CONTRACT AUTHORITY FOR
TRANSFER OF VETERANS NON-DEPARTMENT MEDICAL
FOSTER HOMES.
(a) Authority.--Section 1720 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(h)(1) During the three-year period beginning on October
1, 2014, at the request of a veteran for whom the Secretary
is required to provide nursing home care under section 1710A
of this title, the Secretary may transfer the veteran to a
medical foster home that meets Department standards, at the
expense of the United States, pursuant to a contract or
agreement entered into between the Secretary and the medical
foster home for such purpose. A veteran who is transferred to
a medical foster home under this subsection shall agree, as a
condition of such transfer, to accept home health services
furnished by the Secretary under section 1717 of this title.
``(2) For purposes of this subsection, the term `medical
foster home' means a home designed to provide non-
institutional, long-term, supportive care for veterans who
are unable to live independently and prefer a family
setting.''.
(b) Effective Date.--Subsection (h) of title 38, United
States Code, as added by subsection (a), shall take effect on
October 1, 2014.
SEC. 5. CONDITIONS ON THE AWARD OF PER DIEM PAYMENTS BY THE
SECRETARY OF VETERANS AFFAIRS FOR THE PROVISION
OF HOUSING OR SERVICES TO HOMELESS VETERANS.
(a) Condition.--
(1) In general.--Paragraph (1) of section 2012(c) of title
38, United States Code, is amended to read as follows:
``(1) Except as provided in paragraph (2), a per diem
payment may not be provided under this section to a grant
recipient or eligible entity unless the entity submits to the
Secretary an annual certification, approved or verified by
the authority having jurisdiction or a qualified third party,
as determined by the Secretary, that the facility where the
entity provides housing or services for homeless veterans
using grant funds is in compliance with codes relevant to the
operations and level of care provided, including applicable
provisions of the most recently published version of the Life
Safety Code or International Building Code and International
Fire Code (or such versions of such codes that have been
adopted as State or local codes by the jurisdiction in which
the facility is located), licensing requirements, fire and
safety requirements, and any other requirements in the
jurisdiction in which the facility is located regarding the
condition of the facility and the operation of the entity
providing such supportive housing or services. For purposes
of this paragraph, if a facility where a grant recipient or
eligible entity provides housing or services for homeless
veterans using grant funds is located in a jurisdiction
without relevant code requirements, the Secretary shall
determine code and inspection requirements to be applied to
the facility.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to an application for a per diem
payment under section 2012 of title 38, United States Code,
submitted on or after the date of the enactment of this Act.
(b) Annual Report.--Section 2065(b) of title 38, United
States Code, is amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following new
paragraph (6):
``(6) The Secretary's evaluation of the safety and
accessibility of facilities used to provide programs
established by grant recipients or eligible entities under
section 2011 and 2012 of this title, including the number of
such grant recipients or eligible entities who have submitted
a certification under section 2012(c)(1).''.
(c) Treatment of Current Recipients.--In the case of the
recipient of a per diem payment under section 2012 of title
38, United States Code, that receives such a payment during
the year in which this Act is enacted, the Secretary of
Veterans Affairs shall require the recipient to submit the
certification required under section 2012(c)(1) of such
title, as amended by subsection (a)(1), by not later than two
years after the date of the enactment of this Act. If the
recipient fails to submit such certification by such date,
the Secretary may not make any additional per diem payments
to the recipient under such section 2012 until the recipient
submits such certification.
SEC. 6. EXTENSION OF LOAN GUARANTY FEE FOR CERTAIN SUBSEQUENT
LOANS.
(a) Extension.--Section 3729(b)(2) of title 38, United
States Code, is amended--
(1) in subparagraph (A)--
(A) in clause (iii), by striking ``October 1, 2017'' and
inserting ``October 1, 2018''; and
(B) in clause (iv), by striking ``October 1, 2017'' and
inserting ``October 1, 2018'';
(2) in subparagraph (C)--
(A) in clause (i), by striking ``October 1, 2017'' and
inserting ``October 1, 2018''; and
(B) in clause (ii), by striking ``October 1, 2017'' and
inserting ``October 1, 2018''; and
(3) in subparagraph (D)--
(A) in clause (i), by striking ``October 1, 2017'' and
inserting ``October 1, 2018''; and
(B) in clause (ii), by striking ``October 1, 2017'' and
inserting ``October 1, 2018''.
SEC. 7. EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS
AFFAIRS TO OBTAIN CERTAIN INFORMATION FROM THE
SECRETARY OF THE TREASURY OR THE COMMISSIONER
OF SOCIAL SECURITY.
Section 5317 of title 38, United States Code, is amended by
striking ``September 30, 2016'' and inserting ``May 31,
2017''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Benishek) and the gentlewoman from Florida (Ms. Brown)
each will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. BENISHEK. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
on H.R. 2072, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. BENISHEK. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 2072, as amended, the
Demanding Accountability for Veterans Act.
This bill would require the Department of Veterans Affairs inspector
general--the IG--to determine whether appropriate action has been taken
by the VA in response to an IG report concerning public health or
patient safety.
It would require the IG to notify the House and Senate Veterans
Affairs Committees and the Secretary of any failure of VA to respond
appropriately.
The bill would require the Secretary, following such notification, to
report
[[Page H5132]]
the names of managers responsible for implementing the relevant action
plan to the IG within 15 days and prohibit the IG from making such
names public.
It would require the Secretary to promptly notify each responsible
manager of an issue in a covered report, direct that responsible
manager to resolve the issue, and provide such manager with counseling
and a mitigation plan to resolve the issue.
It also would require the VA to include an evaluation of whether such
manager took appropriate action to a covered report in his or her
performance review, and it would prohibit the VA from paying a bonus or
performance award to any responsible manager if an issue in a covered
report is left unresolved.
Other provisions of the bill will authorize the VA for 3 years,
beginning on October 1, 2014, to enter into a contract or agreement
with certified medical foster homes to pay for long-term care for
certain veterans already eligible for VA-paid nursing home care and
require an eligible veteran to receive VA home health services as a
component of such payment.
It would require per diem payment recipients under VA's Homeless
Providers Grant and Per Diem Program to provide VA with certification
of compliance with all relevant fire, safety, and building codes; and
it would allow entities already receiving grants or assistance under
the program to submit such certification within 2 years of enactment,
require the VA to determine the code requirement for a facility in a
location without a code requirement, and also to determine how such
facility would be inspected.
It would require VA to include an accounting and evaluation of the
safety and accessibility of facilities used for homeless veterans in
the annual report on assistance to homeless veterans.
It would also extend the current rate of certain VA housing loan
guarantee funding fees from October 1, 2017, to October 1, 2018, and
extend VA's authority to receive information from the Internal Revenue
Service for pension income verification purposes from September 30,
2016, to May 31, 2017.
H.R. 2072, as amended, was reported out of the full committee last
year with full support and is fully offset.
I would like to offer my sincere gratitude and appreciation to all
the Members who cosponsored the provisions in this bill, particularly
Chairman Miller and Representative David McKinley from West Virginia,
who we will be hearing from shortly.
I also commend Chairman Miller; Ranking Member Michaud; the ranking
member of the Subcommittee on Health, Julia Brownley; and all the
members of the Subcommittee on Health, for their hard work and
leadership on behalf of our Nation's veterans.
Mr. Speaker, 2 weeks ago today, our Nation commemorated Memorial Day
in remembrance of the brave men and women throughout history who paid
the ultimate price in defense of our freedoms.
One of the best ways we can honor these heroes is to ensure that
their fellow servicemembers--those they fought side by side with--
receive the best possible health care when they return home.
Unfortunately, it has become painfully clear that the VA is not only
failing to reach the standard, they are not even coming close. It is a
sad legacy that I have seen firsthand as a VA surgeon for 20 years.
From my first day on this committee, we have been working to identify
the problems at VA and provide solutions for our veterans.
It has been more than a year since we on the House Veterans' Affairs
Committee first began investigating delays in care and seeking answers,
and it has been 2 months since public awareness of these problems took
off, after CNN highlighted the tragedy in Phoenix, allegations which
were first brought to light by the committee; yet we still cannot get
clear answers from the VA and are still waiting for key VA officials to
be held accountable.
I am sick and tired of these bureaucrats and undersecretaries coming
before us to say: We know there's a problem, and we're working on it.
We take this seriously. We're going to have a fix in a little while.
Yet there never seems to be a fix. Veterans are dying. The time for
excuses and delays is long past. The time for action is now.
Two weeks ago, the VA IG released an interim report on the alleged
negligence and mismanagement at the Phoenix VA health care system.
In that report, the IG states that they have issued reports to call
attention to problems in analyzing critical data for almost a decade
and called for a system to monitor VA's corrective action. That system
is exactly what we are creating today.
No longer will VA officials be able to hide behind excuses. Instead,
with this bill, we will take bold steps toward ending the culture of
mismanagement and complacency at VA.
When the VA concurs with an inspector general's recommendation on an
issue that needs to be fixed and, indeed, nothing happens, who was the
person responsible for following through on that fix?
Why is the fact that they didn't reply to an IG report and stated via
a VA concurrence that an action would be completed, not punished? Why
are they still getting bonuses if they don't comply? Why are they
getting promotions for not getting the job done?
Anywhere else in America, these questions would already have been
answered, but not in bureaucracies like VA. The Demanding
Accountability for Veterans Act will correct this injustice.
Let me be clear. I know the people that are providing direct patient
care for our veterans--the nurses and the doctors--are good people who
work hard, but their leadership has failed them, and it has failed our
veterans, and it must stop now.
I urge all my colleagues to join me in supporting this legislation
and, in doing so, take a needed step to ensure that responsible
individuals are held accountable for correcting any lapses in care that
impact the health and well-being of our veterans.
I reserve the balance of my time.
Ms. BROWN of Florida. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in full support of H.R. 2072, as amended, the
Demanding Accountability for Veterans Act.
This legislation addresses a number of concerns that have arisen
during hearings and other forums that we have conducted during this
Congress.
Too often, we have seen inspector general reports that find the same
problem time and time again at VA medical centers, but nothing seems to
change.
Recommendations are made, solutions are identified, plans are made,
but there is no followthrough. Problems aren't fixed, processes aren't
changed, and problems reoccur several times over.
{time} 1715
This bill would require the Department of Veterans Affairs inspector
general to determine whether appropriate action has been taken by the
Department in response to a report concerning public health or patient
safety; and if he determines it has not, it authorizes the VA IG to
alert the Secretary and Congress. This authority will increase
accountability and will, hopefully, get the actions needed for things
to change.
H.R. 2072, as amended, also addresses medical foster homes. It
authorizes the Department to enter into contracts with medical foster
homes to pay for long-term care for veterans who are already eligible
for VA-paid nursing home care. We know that many veterans prefer to be
cared for in a homelike setting rather than in an institution. This
provision gives them that option.
The Department of Veterans Affairs has many homeless programs, and I
am proud to say that we have done a great job in reducing the number of
homeless veterans by 50 percent. Buildings in which these homeless
veterans receive services must be held to the highest standard
concerning safety. This bill would require per diem payment recipients
under the VA's Homeless Grant and Per Diem Program to provide the VA
with a certification of compliance with all relevant fire, safety, and
building codes.
It is our commitment--no, our obligation--to ensure that veterans
receive the best care and treatment available. This is whether we are
fighting homelessness, ensuring the safety and security of facilities,
or ensuring that when
[[Page H5133]]
a problem and a solution are identified they get addressed.
Mr. Speaker, I reserve the balance of my time.
Mr. BENISHEK. Mr. Speaker, I yield such time as she may consume to
the gentlewoman from Indiana, Mrs. Jackie Walorski, my colleague on the
Committee on Veterans' Affairs and a member of the Subcommittee on
Health.
Mrs. WALORSKI. Mr. Speaker, I rise today in support of the Demanding
Accountability for Veterans Act, a bill I am proud to cosponsor.
As the recent scandals at the VA have clearly demonstrated, better
accountability and oversight are needed at the VA. This bill will
actually help provide better accountability and oversight by ensuring
that the VA inspector general recommendations are fully implemented by
the VA.
Currently, after the VA inspector general investigates a VA facility,
the inspector general releases a list of recommendations for what the
VA must do to correct the problems identified during the investigation.
Oftentimes, these recommendations are never fully implemented by the
VA.
This bill will provide additional tools to ensure that the VA
implements the IG recommendations.
Specifically, this bill requires the VA Secretary to determine
exactly which employees within the VA are responsible for implementing
the suggested changes. This bill prevents the employees who are charged
with implementing those recommendations from receiving a bonus until
the problems identified by the IG have been addressed. This bill also
makes it easier to fire employees who are refusing or failing to
implement those IG recommendations.
The VA's failure to fully implement IG recommendations has
contributed to the mismanagement and corruption we are seeing in the VA
today. Think about it. If the VA had done a better job of implementing
the IG's corrective actions, maybe we wouldn't be hearing about the
things we are hearing about today--falsified records, secret waiting
lists, deaths due to negligence. Our veterans certainly deserve better.
I will continue to work with my colleagues on the House Veterans'
Affairs Committee in order to bring accountability to the VA and to
protect the men and women who have sacrificed so much for our Nation. I
urge my colleagues to support this bill.
Ms. BROWN of Florida. Mr. Speaker, I continue to reserve the balance
of my time.
Mr. BENISHEK. Mr. Speaker, may I inquire as to how much time I have
remaining?
The SPEAKER pro tempore. The gentleman from Michigan has 11\1/2\
minutes remaining.
Mr. BENISHEK. Mr. Speaker, I yield 3 minutes to the gentleman from
West Virginia, Mr. David McKinley, my colleague on the Committee on
Veterans' Affairs.
Mr. McKINLEY. I commend the chairman for bringing this bill before us
today.
Mr. Speaker, I rise today in support of H.R. 2072.
I would specifically like to talk about section 5 of the bill, which
is based on legislation I previously introduced, the Safe Housing for
Homeless Veterans Act. This is a modification of a bill that passed the
House in 2012.
Currently, there are over 2,100 shelters for homeless veterans across
the country. Unfortunately, some of these structures have been found to
be unsafe for habitation. From 2006 to 2010, more than 1,900 fires had
been reported in these structures. In the last decade alone, nearly 200
residents have been lost in unsafe shelters.
How can this slip through the cracks?
The answer is that, currently, there is no law mandating that VA
homeless shelters meet building codes. There is only a loosely defined
policy that is not universally followed. As a licensed professional
engineer, I find this to be a shocking omission in the law governing
our veterans' homeless program funds. This bill would require any
organization that seeks funding from the VA for services to homeless
veterans to have documentation that the shelter meets or exceeds
building codes.
As a nation, it should be unacceptable for us to allow homeless
veterans to be housed in unsafe conditions. In defense of our country,
these men and women were put in harm's way. They should not be in doubt
about their own safety now that they are back in this country.
Mr. Speaker, this is commonsense legislation that will ensure that
our homeless veterans are in a safe environment while they work and
struggle to get back to a normal life.
Ms. BROWN of Florida. Madam Speaker, how much time do I have
remaining?
The SPEAKER pro tempore (Mrs. Walorski). The gentlewoman has 17
minutes remaining.
Ms. BROWN of Florida. Madam Speaker, I continue to reserve the
balance of my time.
Mr. BENISHEK. Madam Speaker, I yield 3 minutes to my colleague from
New York (Mr. Collins).
Mr. COLLINS of New York. I thank the gentleman from Michigan for his
leadership on this important issue.
Madam Speaker, I come to the House floor tonight to speak in support
of the Demanding Accountability for Veterans Act, which I am proud to
cosponsor.
You would think Congress wouldn't have to act to demand
accountability from the VA on behalf of our veterans, but, sadly, as
everyone knows, that is not the case with the current VA. The VA is
supposed to provide service and benefits that all of our veterans have
earned by protecting our freedom. Instead, what we have in too many
cases is a bunch of bureaucrats in both Washington and in the local
facilities who seem content to collect a paycheck and not serve the
public.
Enough is enough.
The least we should expect is, when the inspector general issues a
corrective action report about a public health or a patient safety
problem, the VA employees would be held accountable for fixing it.
At the VA hospital in Buffalo, New York, which is right outside my
district, the improper use of insulin pens resulted in some 700
veterans being potentially exposed to HIV and hepatitis. In this case,
the IG issued a corrective action report. The public has every right to
expect the VA to be held accountable for implementing a fix to make
sure something like that never happens again. Without this legislation,
we can't make that promise, and that is an insult to our veterans and
to all Federal taxpayers.
This legislation also makes it easier to get rid of the bad apples at
the VA so that issues with problem employees don't fester and
overshadow the care being delivered by hardworking VA nurses and
doctors.
Again, I want to thank Congressman Benishek for his work on this
legislation, and I urge my colleagues to pass the bill.
Ms. BROWN of Florida. Madam Speaker, I yield myself the balance of my
time.
I am reminded of the words of the first President of the United
States, and I think they are worth repeating here today: the
willingness with which our young men are likely to serve in any war, no
matter how justifiable, should be directly proportionate as to how they
perceive the veterans of early wars are treated and appreciated by
their country.
I want everyone to know that I have been on this committee for 22
years. I am the longest-serving member on this committee, and I support
the veterans 100 percent; but I remember in 2005 when the first
servicemen started returning home and the Bush administration was
underfunding the VA to the tune of $1.5 billion. Congress had to pass a
supplemental funding bill to pay for this shortfall. Because the
administration was using old data, which was taken before all of these
veterans returned for care, the number was wrong, and the veterans paid
the price. Following that, a Democratic-leaning Congress increased the
VA's budget to its highest level ever in the history of the United
States, guaranteeing that veterans' health care would not be subject to
the whims of politics and to advance appropriations on Capitol Hill.
I know many people don't remember that, because sometimes it is like
we don't have any institutional memory around here.
I want to commend Secretary Shinseki. He did a yeoman's job as the
Secretary. When each Vietnam veteran had to prove his case, he opened
up the VA so that all of the veterans could come in. Certainly, the VA
wasn't prepared for millions of additional veterans, but it was the
right thing to do.
[[Page H5134]]
I can tell you that I have done my reconnaissance and that we are not
involved in any scandals in Florida. When we had a problem in the Miami
hospital--and this is a service that we should give the Secretary the
authority to do--two small projects had to be stopped because they
combined into one project--the operating facility. We were able to get
it amended and get it taken care of so that the veterans in the Miami
hospital were being cared for. In Orlando, we have been working on that
VA hospital for over 25 years--a long time. The VA has not built any
hospitals until recently, and now we are building six new hospitals. We
had not built a VA hospital in the Veterans Administration for 15
years.
Yes, we are coming together in Congress and are doing what we should
do for the veterans. Let me point out that I support this bill, but
this bill should go to every agency, because every single agency
ignores the reports that come in. So, if we are going to do our
oversight, we should do it with all of the agencies. We should not let
veterans think that we are not doing what we need to do to take care of
them. It should be, as I would say, one team and one fight. We should
be fighting for the veterans. Ever since I have been on this committee,
it has been all for the veterans. It hasn't been about the politics
that go on--you did not fill out my report. The important thing is that
we are taking care of the veterans.
I yield back the balance of my time.
Mr. BENISHEK. Mr. Speaker, once again, I encourage all Members to
support H.R. 2072, as amended, the Demanding Accountability for
Veterans Act, and, in turn, to support our veteran heroes.
With that, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Collins of New York). The question is on
the motion offered by the gentleman from Michigan (Mr. Benishek) that
the House suspend the rules and pass the bill, H.R. 2072, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________