[Congressional Record Volume 161, Number 35 (Monday, March 2, 2015)]
[House]
[Pages H1507-H1509]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AUTHORIZING SECRETARY OF VETERANS AFFAIRS TO RECOUP BONUSES AND AWARDS
Mr. MILLER of Florida. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 280) to authorize the Secretary of Veterans Affairs
to recoup bonuses and awards paid to employees 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. 280
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AUTHORITY TO RECOUP BONUSES OR AWARDS PAID TO
EMPLOYEES OF 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. 715. Recoupment of bonuses or awards paid to employees
of Department
``(a) Recoupment.--Notwithstanding any other provision of
law, the Secretary may issue an order directing an employee
of the Department to repay the amount, or a portion of the
amount, of any award or bonus paid to the employee under
title 5, including under chapters 45 or 53 of such title, or
this title if--
``(1) the Secretary determines such repayment appropriate
pursuant to regulations prescribed under subsection (c); and
``(2) before such repayment, the employee is afforded
notice and an opportunity for a hearing conducted by another
department or agency of the Federal Government.
``(b) Review.--A decision regarding a repayment by an
employee pursuant to subsection (a)(2) is final and may not
be reviewed by any department or agency or any court.
``(c) Regulations.--The Secretary shall prescribe
regulations to carry out this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is further amended by adding at the
end the following new item:
``715. Recoupment of bonuses or awards paid to employees of
Department.''.
(c) Effective Date.--Section 715 of title 38, United States
Code, as added by subsection (a), shall apply with respect to
an award or bonus paid by the Secretary of Veterans Affairs
to an employee of the Department of Veterans Affairs before,
on, or after the date of the enactment of this Act.
(d) Construction.--Nothing in this Act or the amendments
made by this Act may be construed to modify the certification
issued by the Office of Personnel Management and the Office
of Management and Budget regarding the performance appraisal
system of the Senior Executive Service of the Department of
Veterans Affairs.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Miller) and the gentlewoman from Florida (Ms. Brown) each
will control 20 minutes.
The Chair recognizes the gentleman from Florida.
Mr. MILLER of Florida. I yield myself such time as I may consume.
Mr. Speaker, H.R. 280, as amended, is similar to a bill that I
introduced last Congress. I would like to thank my friend Mr. Chaffetz
for helping us bring this bill to the floor today. It would authorize
and provide for the Secretary to have the authority to rescind a bonus
or a performance award from VA employees when the Secretary deems it
appropriate. To ensure a fair process, the provision would also give
the employee an opportunity to hold a hearing on the Secretary's
decision to recoup that bonus.
Now, I proposed this legislation last Congress because VA had given
the Committee on Veterans' Affairs conflicting statements whether or
not they had the authority, and later they confirmed that they did not
have that authority. So it is clear to me that this is still an
authority that the Secretary still needs as more and more
investigations, in fact, are being completed by the Department, the VA
inspector general, and the Committee on Veterans' Affairs.
As these investigations into falsified wait times, data manipulation,
and several other issues at the VA continue, I hope this authority will
be applied appropriately and that it will be utilized as yet another
tool for the Secretary to use to instill true accountability throughout
his agency on behalf of America's veterans.
I reserve the balance of my time.
House of Representatives, Committee on Oversight and
Government Reform,
Washington, DC, February 26, 2015.
Hon. Jeff Miller,
Chairman, Committee on Veterans' Affairs, Cannon House Office
Building, Washington, DC.
Dear Mr. Chairman: I write concerning H.R. 280, to
authorize the Secretary of Veterans Affairs to recoup bonuses
and awards paid to employees of the Department of Veterans
Affairs. As you know, the Committee on Veterans' Affairs
received an original referral and the Committee on Oversight
and Government Reform a secondary referral when the bill was
introduced on January 12, 2015. I recognize and appreciate
your desire to bring this legislation before the House of
Representatives in an expeditious manner, and accordingly,
the Committee on Oversight and Government Reform will forego
action on the bill.
The Committee takes this action with our mutual
understanding that by foregoing consideration of H.R. 280 at
this time, we do not waive any jurisdiction over the subject
matter contained in this or similar legislation. Further, I
request your support for the appointment of conferees from
the Committee on Oversight and Government Reform during any
House-Senate conference convened on this or related
legislation.
Finally, I would ask that a copy of our exchange of letters
on this matter be included in the bill report filed by the
Committee on Veterans' Affairs, as well as in the
Congressional Record during floor consideration, to
memorialize our understanding.
Sincerely,
Jason Chaffetz,
Chairman.
____
House of Representatives,
Committee on Veterans' Affairs,
Washington, DC, February 27, 2015.
Hon. Jason Chaffetz,
Chairman, House Committee on Oversight and Government Reform,
Rayburn House Office Building, Washington, DC.
Dear Chairman Chaffetz: In reference to your letter on
February 26, 2015, I write to confirm our mutual
understanding regarding H.R. 280, as amended, ``To authorize
the Secretary of Veterans Affairs to recoup bonuses and
awards paid to employees of the Department of Veterans
Affairs.''
I appreciate the House Committee on Oversight and
Government Reform's waiver of consideration of provisions
under its jurisdiction and its subject matter as specified in
your letter. I acknowledge that the waiver was granted only
to expedite floor consideration of HR. 280, as amended, and
does not in any way waive or diminish the House Committee on
Oversight and Government Reform's jurisdictional interests
over this legislation or similar legislation. I will support
a request from the House Committee on Oversight and
Government Reform for appointment to any House-Senate
conference on H.R. 280, as amended.
Again, thank you for your assistance with these matters.
With warm personal regards, I am
Sincerely,
Jeff Miller,
Chairman.
Ms. BROWN of Florida. I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 280, as amended. This measure
would provide the Secretary of Veterans Affairs with the authority to
issue an order directing an employee of the VA to repay a bonus or a
portion of the bonus provided to that employee. H.R. 280 provides the
Secretary may do this if the Secretary determines that the repayment is
appropriate. This authority would apply to an award or a bonus paid by
the VA before, on, or after the date of the enactment of H.R. 280. The
bill provides that any affected employee be provided with notice and
the opportunity for a hearing conducted by another agency or
department.
I support this measure, but I want to take this opportunity to
address a few concerns for the Record.
I believe that the Secretary should have a limited authority, beyond
administrative error, to recoup a bonus paid to the VA employee when
the underlying basis of that bonus is false or the result of
wrongdoing, fraud, or criminal conduct by the employee. I hope that the
Secretary will use this broad grant of rulemaking authority provided in
H.R. 280 to provide narrow and specific grounds for recoupment.
Secondly, I am concerned about the application of this authority to
bonuses provided before the date of the enactment. I know that Chairman
Miller and all of us are concerned over bonuses that may have been
awarded over the last number of years to VA managers who took
activities, steps to cover up the delay and wait time faced by our
veterans. Even though I am unhappy with their action, I would not like
to see the authority provided to the Secretary under the bill to be
done away with because of a constitutional challenge to this authority.
[[Page H1508]]
Finally, I would like to point out that if this bill is enacted, the
VA will be the only Department that I am aware of where the Secretary
will have the power to recoup bonuses. I hope the Secretary and those
that follow this Secretary will use this authority with caution.
I urge my colleagues to support H.R. 280, as amended.
I yield back the balance of my time.
Mr. MILLER of Florida. Mr. Speaker, I yield 2 minutes to the
gentleman from the First District of Michigan (Mr. Benishek), the
subcommittee chairman of the Subcommittee on Health.
Mr. BENISHEK. Mr. Speaker, today I rise in support of H.R. 280,
legislation to allow the VA Secretary to claw back bonuses from senior
employees who were found to have manipulated veterans' care data.
Frankly, I can't believe that this wasn't already the case. No
business in America would allow employees to not only stay at work, but
to hold on to bonuses that they earned by cooking the books. This is
exactly what the VA has done. The VA has paid more than $380,000 in
2013 to directors and top executives at VA hospitals that were under
investigation for falsifying data.
I am the father of a veteran. I know exactly the character of those
who choose to serve the cause of freedom. They deserve so much better.
Bonuses should be awarded only for exceptional performance. This kind
of severe mismanagement has to end. I know I speak for all my
colleagues when I say it will not be tolerated by this Congress.
Secretary McDonald says he is working to change the culture of the
VA, and I give him credit for that. Too often the VA seems to be
focusing on the health of the organization, not the health of the
veteran. I agree with him that the VA must return the focus to the
veteran. However, I would like to see more meaningful strides toward
accountability than I have seen thus far. Congress will keep giving him
the tools, but it is ultimately up to him to use them. This is a
management problem, and it is best solved by good management.
I thank Chairman Miller for his leadership on this bill, and I urge
my colleagues to support it, but even more so, I urge Secretary
McDonald to use this authority. You have a willing partner in Congress
in the fight to change the culture at the VA.
Mr. MILLER of Florida. I reserve the balance of my time.
The SPEAKER pro tempore. The gentlewoman from Florida has yielded
back the balance of her time. The gentleman from Florida is recognized.
Mr. MILLER of Florida. Mr. Speaker, I have two more speakers at this
point. I yield 2 minutes to the gentleman from the Sixth District of
Colorado (Mr. Coffman), who chairs the Subcommittee on Oversight and
Investigations.
Mr. COFFMAN. I thank the chairman for yielding me this time.
Mr. Speaker, I rise in strong support of H.R. 280 because, like most
Americans, I am appalled at the bonuses awarded to officials within the
Department of Veterans Affairs despite gross mismanagement and
incompetence by those very same officials.
In my home State of Colorado, a VA director conveniently announced
her retirement just days after yet another secret waiting list was
discovered at her hospital in Denver. Incredibly, she had received over
$100,000 in bonuses over the past 7 years.
I believe bonuses are a reward for exceptional work and not an
entitlement for simply showing up at the job. However, the VA's broadly
abused bonus system has spread a sense of entitlement and a complete
lack of accountability.
This law gives the VA Secretary the ability to reclaim bonuses paid
to corrupt VA officials. On behalf of the American taxpayer, I urge my
colleagues to support this commonsense measure to help combat VA's
broken culture.
Mr. MILLER of Florida. Mr. Speaker, I yield 2 minutes to the
gentleman from the Sixth District of Pennsylvania (Mr. Costello), a new
member of the committee, an outstanding supporter of America's
veterans.
Mr. COSTELLO of Pennsylvania. Mr. Speaker, bringing more
accountability and transparency to our Veterans Affairs system is
something Members of both parties can and should support. As a member
of the Committee on Veterans Affairs, I believe this is an area where
we can make immediate and substantive reforms that are supported by
both parties.
After months of being in the spotlight for scandal after scandal,
after widespread and systemic lack of accountability, we all agree that
we need real change in an effort to assist our Nation's veterans. H.R.
280 is one such piece of legislation that will help bring
accountability to a Department where it is severely lacking.
Mr. Speaker, I rise today as a cosponsor of this legislation that
will authorize the Secretary of Veterans Affairs to recoup bonuses and
awards paid to employees at the Department of Veterans Affairs. The VA
paid more than $380,000 in cash bonuses to top executives at 38
hospitals that are under investigation for falsifying wait times for
medical care.
At every twist and turn, these executives received a bonus, while so
many of our veterans have been faced with long wait periods or failed
care at VA hospitals around the country. It is disgraceful that
employees would be benefiting while so many veterans are struggling.
It is only right that we would authorize the Secretary of Veterans
Affairs to recoup many of these bonuses and awards in an effort to
instill more accountability at the Department. In fact, it is common
sense. If you receive a bonus under false pretenses, you should have to
pay it back.
I, along with so many other Americans, am asking the question, Where
is the accountability? H.R. 280 will not only ensure our veterans
receive the care they deserve and have earned, but it also promotes
transparency and accountability where it is greatly needed.
I want to thank Chairman Miller for his leadership and his work on
this important issue.
Mr. MILLER of Florida. Mr. Speaker, I appreciate my colleague from
Florida and her support, and at this point I urge all Members to
support H.R. 280, as amended.
I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I rise in strong support of H.R. 280, a
bill which authorizes the Secretary of Veterans Affairs to recoup
bonuses paid to VA executives who knowingly falsified data on the
treatment of our nation's veterans.
Last year, it was discovered that a VA hospital in Phoenix, Arizona
falsified waitlist records for veterans to see a doctor in order to
make it appear that the facility was meeting waitlist goals.
This deliberate, and deplorable, action allowed VA executives to
receive performance bonuses and awards, while veterans waited up to six
months to a year for care, and it was reported that some died as a
result.
To date, the VA has paid more than $380,000 in cash bonuses to top
executives at 38 hospitals that are under investigation for falsifying
wait times for medical care.
In response to the waitlist scandal, many members of Congress on both
sides of the aisle have called for the VA to take action to recover
bonuses paid to VA officials who falsified waitlist records.
However, the VA has said it is uncertain whether it has that
authority.
This bill directs the Secretary of Veterans Affairs to require VA
employees to repay, in part or in full, bonuses or performance awards
in appropriate circumstances under regulations to be established by the
department.
This authority would apply to bonuses or rewards paid on or after the
date of enactment and would not authorize the VA to recover previously
paid bonuses.
Furthermore, under the bill, VA employees would receive notification
and be given a hearing at which they could contest allegations about
their performance.
The measure requires that an appeal decision would be final and not
reviewable by any other agency or court.
Our nation supports more than 2 million troops and reservists, their
families, and 22 million veterans, including 32,477 in the 18th
Congressional District of Texas.
We have a responsibility to ensure that they will be provided the
quality job opportunities they have earned.
I cannot, in good conscience, allow VA executives who knowingly
falsified data which kept our nation's veterans from receiving proper
care, to keep bonuses that they do not deserve.
This money should be used to help those who have risked their lives
to protect our freedom, not for awarding VA executives who shamefully
put these veterans' health at risk.
I ask my fellow Members to support H.R. 280.
The SPEAKER pro tempore. The question is on the motion offered by
[[Page H1509]]
the gentleman from Florida (Mr. Miller) that the House suspend the
rules and pass the bill, H.R. 280, 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 of Florida. Mr. Speaker, I object to the vote on the
ground that a quorum is not present and make the point of order that a
quorum is not present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
The point of no quorum is considered withdrawn.
____________________