[Congressional Record Volume 161, Number 63 (Wednesday, April 29, 2015)]
[House]
[Pages H2574-H2623]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES
APPROPRIATIONS ACT, 2016
General Leave
Mr. DENT. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
to include extraneous material on H.R. 2029 and that I may include
tabular material on the same.
The SPEAKER pro tempore (Mr. Graves of Louisiana). Is there objection
to the request of the gentleman from Pennsylvania?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 223 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 2029.
The Chair appoints the gentlewoman from Florida (Ms. Ros-Lehtinen) to
preside over the Committee of the Whole.
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In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 2029) making appropriations for military construction, the
Department of Veterans Affairs, and related agencies for the fiscal
year ending September 30, 2016, and for other purposes, with Ms. Ros-
Lehtinen in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
The gentleman from Pennsylvania (Mr. Dent) and the gentleman from
Georgia (Mr. Bishop) each will control 30 minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. DENT. Madam Chair, I yield myself such time as I may consume.
Today, it is my honor and privilege to bring H.R. 2029, the fiscal
year 2016 Military Construction and Veterans Affairs and Related
Agencies Appropriations bill, to the House of Representatives.
I present this bill alongside my good friend and ranking member on
the subcommittee, Sanford Bishop from Georgia, who has been an
essential partner all along the way. I greatly appreciate the
participation and support of our committee members, both sides of the
aisle, as we considered priorities and funding levels for the important
programs in our bill.
We analyzed the budget request, developed questions, held oversight
hearings to hear directly from members of all the services, the
Department of Defense leadership, the Secretary of the VA, the VA
inspector general, and the directors of four related agencies. We
received over 700 requests from Members--again, from both sides of the
aisle--and gave full consideration to each one. It has been a busy
spring, and we did our best to accommodate those Member requests.
As we consider this bill, I can't proceed further without noticing
that this subcommittee has a formidable level of support from the chair
and ranking member of the full committee. Thank you, Chairman Rogers
and Mrs. Lowey. Your attention to oversight and genuine care for the
military and veterans has been inspiring.
To round out our team, we have some great support from our
professional staff: Sue Quantius, Sarah Young, Tracey Russell, Maureen
Holohan, and Matt Washington on the committee staff and Heather Smith,
Drew Kent, and Sean Snyder on my personal staff. We couldn't do it
without all of them.
H.R. 2029 demonstrates our firm commitment to fully supporting the
Nation's veterans and servicemembers. Our investment of nearly $77
billion for military construction and Veterans Affairs that is 6
percent--6 percent--over last year's level is unprecedented. This bill
provides comprehensive support for servicemembers, military families,
and veterans. It supports our troops with facilities and services
necessary to maintain readiness and morale at bases here in the States
and around the world.
It provides for Defense Department schools and health clinics that
take care of our military families, and the bill funds our veterans
health care systems to ensure that our promise to care for those who
have sacrificed in defense of this great Nation continues as those men
and women return home. We owe this to our veterans and are committed to
sustained oversight so that programs deliver what they promise and
taxpayers are well served by the investments we make.
On the military construction side, this bill provides a total of $7.7
billion for military construction projects and family housing,
including base and overseas contingency operations funding, an increase
of $904 million. That is nearly 12 percent above the enacted fiscal
year 2015 level and $755 million
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below the President's request. This funding meets DOD's most critical
needs, including priorities for the combatant commanders in EUCOM,
CENTCOM, AFRICOM, and PACOM.
It provides $607 million for military medical facilities, including
the one at Landstuhl, Germany. It provides $334 million for the
Department of Defense education facilities, for construction or
renovation of 10 schools. It supports our Guard and Reserve through
$512 million for facilities in 28 States. It fully funds military
family housing at $1.4 billion. And it provides $150 million for the
NATO security investment program, which is $30 million over the budget
request.
On the Veterans Affairs side, the legislation includes a total of
$163.2 billion in combined discretionary and mandatory funding for the
Department of Veterans Affairs. Discretionary funding alone for
veterans programs in the bill is $68.7 billion. Total fiscal year 2016
discretionary funding is $3.6 billion above 2015. It is a 5.6 percent
increase and $1.4 billion below the request. Three billion dollars of
this increase was advance funded.
On the VA medical services side, the bill funds VA medical services
at $48.6 billion. That includes $970 million that the VA came back and
asked for on top of the advanced funding from last year. We stretched
pretty far to do this, and we haven't funded this second bite in the
House before. It is tough to find $970 million in any budget
environment, but this committee did, showing again the level of
bipartisan commitment we have to our veterans.
For disability claims, we provide the full request for the Veterans
Benefits Administration, which is a $163 million increase over fiscal
year 2015, and the full request for the Board of Veterans Appeals.
The bill will enhance transparency and accountability at the VA
through further oversight and an increase for the VA Office of
Inspector General's independent audits and investigations. I can assure
you the inspector general's office has been very, very busy.
This legislation also contains $233 million for the modernization of
the VA electronic health record and includes language restricting
funding until the VA demonstrates progress on the system's
functionality and interoperability. This is a major concern to all of
us on both sides of the aisle, and I know the chairman, in particular,
has been outspoken about this matter, but it is something that all of
us, Republican and Democrat, want to see fixed.
On construction issues, major construction within the VA is funded at
$562 million, which is the same level as fiscal year 2015. The bill
provides funding for hospital replacement and allows the VA to continue
to correct seismic safety issues and deficiencies. We did not fund the
more-than-double budget request for construction, as we face the impact
of gross mismanagement of the Colorado VA Hospital construction, which
resulted in a $930 million cost overrun. That is not a typo: a $930
million cost overrun, which is nearly twice the entire VA major
construction line item. We have also cracked down on oversight with
multiple restrictions.
We fund the American Battle Monuments Commission, the Armed Forces
Retirement Home, Arlington National Cemetery, and the U.S. Court of
Appeals for Veterans Claims at the requested funding levels.
In closing, this is a very solid bipartisan bill that is focused on
the needs of servicemembers, veterans, and all their families. We are
$4.6 billion over the fiscal year 2015 level; again, a nearly 6 percent
increase. Not a cut. We have provided for our military and veterans to
the very best level we can.
Did we fund every last dime requested? No. Not every idea has merit,
and not every project is mission critical. We did not fund some
projects. We cut some requested increases, and we rescinded funds.
These were fair decisions and part of our responsibility as
appropriators.
We have received a lot of criticism for the actions we have taken
very recently. It started with an email campaign from the VA
legislative affairs office; then a Statement of Administration Policy;
and last, some of the VSOs have joined in. Let me tell you, in my time,
before I was chairman of the subcommittee, and certainly in my time
since I took over this position, I can say with absolute certainty, the
VA's problems stem from poor management, not too little money. Poor
management, not too little money. I will say that again. The problems
we encounter at the VA time after time--whether it is the Phoenix
patient wait list scandal, the claims and benefits mess in
Philadelphia, or the Denver hospital construction debacle--show that
the VA's problem is management, not money, and for the VA to complain
about a 6 percent increase rather than an 8 percent increase and to
call a 6 percent increase a cut--they call that a cut.
Only in Washington, D.C., can someone call a 6 percent increase over
last year a cut. Everywhere else in America it is a 6 percent increase,
but not in this town. Amazing to me, and particularly from a Department
that has so many severe managerial problems at this time. We need to be
diligent with oversight and at the same time be a helping hand to the
Department. There is a way out of the morass, but more money without
the necessary management reforms is not the answer.
I have talked to many Members about the VA, and just last night in
the Committee on Rules, I got quite an earful there. Truly, Members are
in agreement that we must help the VA transform because that
transformation is crucial to serve veterans properly and to respect the
taxpayers footing the bill. By the way, that frustration I have heard
from Members is from both sides of the aisle, as was the case I heard
last night in the Committee on Rules.
We will do a lot of good with this bill. It is fair, it is balanced,
and, at a 6 percent increase over last year, it is generous. On behalf
of our servicemembers, military families, and veterans, I urge your
support of this legislation. Let's take care of those who sacrifice for
our country. It is time to do the right thing and support the bill.
I reserve the balance of my time.
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Mr. BISHOP of Georgia. I yield myself such time as I may consume.
Madam Chair, let me say that I am delighted to have the opportunity
to work with Chairman Dent of the subcommittee as well as the chairman
and ranking member of the full committee.
Madam Chair, as you know, this bill has a strong reputation for
common ground and bipartisanship. We are pleased with several aspects
of the bill. For example, the bill maintains tough but fair reporting
requirements for VistA modernization, which closely tracks the VA's
development of its electronic health record.
The bill continues to prioritize the elimination of the veterans
claims backlog by fully funding the fiscal year 2016 requests: $18.3
million for a centralized mail initiative which consolidates inbound
paper mail from regional offices to a centralized intake site, as well
as $140.8 million for the Veterans Claims Intake Program to scan and
convert paper claims into a digital format. I believe that these are
all positive steps to making the VA function better.
Furthermore, Chairman Dent has avoided including contentious
legislative riders, which is very much appreciated. Unfortunately,
however, the chairman was forced to write a bill under the majority's
fiscal year 2016 budget resolution, which chose to lock in the Budget
Control Act levels and to use gimmicks to boost defense funding.
Because of the budget resolution's failure to provide relief from these
budget caps--which were established in 2011 and later adjusted in
2013--the chairman was forced to make some tough choices due to the
allocation that he was given.
While military construction is provided $7.2 billion, an increase of
$593 million above 2015, it is still $1.2 billion below the budget
request. In an effort to avoid the defense budget cap, the bill shifts
$532 million to the overseas contingency operations funding stream,
even though the fiscal year 2016 budget request did not include an OCO
request. This is a gimmick, purely a gimmick to boost defense spending
by pumping up the OCO budget, which is not limited by the budget law.
The Department of Veterans Affairs is funded at $68.7 billion, and
while it is $3.6 billion above fiscal year 2015, the enacted level, it
is also $1.4 billion below the fiscal year 2016 budget request. The
inadequate fiscal year 2016 allocation again forced the chairman to
slice the request for military construction by $582 billion. That is
hospital construction.
Furthermore, the bill includes language that directs that only
replacement, safety, and security projects can receive budgeted
funding. This is troubling language, and it eliminates all national
cemetery projects for fiscal year 2016 and puts several other projects
in jeopardy.
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The majority claims they reduced the construction account because the
half-built Veterans Affairs Denver hospital project is drastically over
budget and riddled with mistakes.
I certainly agree that the VA needs to be held accountable for the
poor job in managing the Denver hospital project; however, no funds for
the Denver hospital were allocated within the MILCON-VA bill.
Additionally, I am not aware of any similar issues with any of the
other requested projects in the bill for FY12, including replacement,
clinic construction, seismic improvements, or cemetery construction.
I believe the majority's budget caps and resulting inadequate
allocation--not the problems in Denver--led to cutting construction in
half. I am concerned that, if the reduction stands, it will further
contribute to the gaps in access, utilization, and safety that were
already identified in the VA's annual Strategic Capital Investment
program process.
Madam Chair, this committee can no longer afford to function under
the Budget Control Act caps. The reductions to VA will cause gaps in
access, utilization, and safety and could lower the standard of care
due our veterans.
Madam Chairman, as I pointed out during the MILCON-VA markup, the FY
2017 advance funding will consume $4.6 billion of the nondefense
discretionary cap next year, so this problem will only get worse.
Certainly, the Department of Defense cannot be the only winner.
Using the FY 2016 budget levels will produce a long summer and an
early fall, with no real progress on the FY 2016 bills. If so, it is
inevitable that a continuing resolution or a series of continuing
resolutions will be needed to keep the government open and running in
place long past the new fiscal year starts on October 1.
We cannot continue to govern in this fashion. I believe that it is
well past time to be strategic about how we handle our Federal budget,
and now, we need to take the next step toward a more responsible budget
process so we can eventually stop lurching from one crisis to the next.
I believe that Chairman Dent crafted the best bill he could with the
allocation he was given. I also believe that this is the first step in
a long process, and I am concerned about the impact these reductions to
the VA construction account could have, and we believe they will have
to be addressed before the process.
To that end, I am prepared to offer an amendment to the bill
restoring the full funding of the request so that we can, in fact, do
justice by our veterans and do what is necessary for our military
construction without using budget gimmicks. At the appropriate time, I
will offer an amendment to do that.
Madam Chairman, at this time, I reserve the balance of my time.
Mr. DENT. Madam Chairman, I yield such time as he may consume to the
gentleman from Kentucky (Mr. Rogers), the full committee chairman, and
I want to thank him for all his support and leadership in putting this
bill together.
Mr. ROGERS of Kentucky. Mr. Chairman, thank you for yielding time.
Madam Chairman, I rise in support of this bill, the Military
Construction and Veterans Affairs bill for 2016. In doing that, I want
to congratulate Chairman Dent, the new chairman of this subcommittee.
This is his maiden voyage as chairman of this subcommittee. He is a
cardinal now. He has done a great job putting together this bill.
I also want to thank Mr. Bishop, the ranking member on the other
side, for his cooperation in making this bill what it is today.
This is the first bill of the process, and I am pleased that we are
off to a very early start--I am told the earliest start since 1974--
continuing our good work from last year. I am optimistic that we are
going to have a successful appropriations year, finishing on time and
under regular order.
We are beginning the year on the right foot with a bipartisan bill,
Madam Chairman, that I believe we can all get behind. The FY 2016
Military Construction and Veterans Affairs Appropriations bill
includes, as has been said, $76.6 billion in discretionary funding for
important veterans benefits and services and for the infrastructure
that supports the brave men and women serving in our Armed Forces and
their families.
This is a total of $4.6 billion over last year. No one can call this
a cut and be realistic about it. We have increased the funding by $4.6
billion year-to-year. We can't say that for all the other bills. Yes,
we went overboard with what we had to work with in providing funds for
the veterans and for military construction. That is a demonstration of
our commitment to our warfighters and to our veterans and their loved
ones, who sacrifice so much to protect this great Nation.
Within the total, the bill includes $7.7 billion for the DOD's
construction projects in the U.S. and around the world, which provide
our servicemembers with the infrastructure they need to remain at the
ready.
The legislation also provides a total of $68.7 billion in
discretionary funding for the Department of Veterans Affairs. That is a
5.6 percent increase over last year to guarantee the VA has the
resources they need to care for every single qualified veteran,
including meeting growing healthcare needs.
To that end, VA medical services are funded at $3.8 billion above the
current level. That will treat 6.9 million eligible patients, providing
mental health care, helping prevent suicide, and supporting research
into prosthetics and traumatic brain injuries, among numerous other
health initiatives. However, it is critical that we make sure the VA is
being responsible with these taxpayer dollars.
It is clear that the VA is facing some considerable management
challenges,
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and so this bill provides the oversight that will hold the Department
accountable for its mistakes and takes the necessary steps to address
and correct these problems.
For instance, the bill keeps a close eye on how the VA is spending
its construction dollars by requiring reports on construction costs,
savings, and changes in scope.
This is a good bill, Madam Chairman. I urge its adoption.
Mr. BISHOP of Georgia. Madam Chair, at this time, I yield 4 minutes
to the gentlewoman from New York (Mrs. Lowey), the full committee
ranking member.
Mrs. LOWEY. Madam Chair, before I begin, I would like to thank
Subcommittee Chairman Dent and Ranking Member Bishop, who worked so
well together, and full Committee Chairman Rogers.
The House Republican ``work harder for less'' budget resolution was
opposed by every Member on my side of the aisle, in part because it
makes it impossible to provide the funding necessary in the 12
appropriations bills to grow our economy and give hard-working
Americans the opportunity to succeed.
Democrats preferred the approach taken by the President, calling for
an end to sequestration and more reasonable and realistic budgeting
that can help families afford college, a home, and a secure retirement.
Refusing to adopt a sufficient overall allocation for discretionary
investments has a significant impact on the initiatives in all the
appropriation bills that grow the economy and create jobs.
The bill we consider today presents a false choice. The VA needs more
resources in 2016 than 2015 to sustain its level of services for the
brave men and women it serves. The majority invests a disproportionate
share of the allocation's nondefense funds in the Military Construction
and Veterans Affairs bill; yet it still falls far short of meeting VA's
actual needs.
The equivalent of 70,000 fewer veterans would receive medical care
under this bill, compared to the President's request. In addition, it
further reduces funds available for priorities in the other spending
bills for transportation infrastructure, job training, higher
education, biomedical research, and clean energy, just as an example.
All these initiatives are key to economic growth and creating
opportunity for hard-working Americans, especially veterans.
Additionally, $532 million in today's bill would be shifted to
overseas contingency operations in a gimmick to boost defense spending.
Even with these tricks, the Military Construction and Veterans
Affairs bill would have a profound impact on military families and
veterans, forcing a $2.7 billion cut below what the President says is
necessary, including $754 million less for military construction, $155
million less for medical services, $70 million less for medical support
and compliance, $105 million less for medical facilities, and $582
million less for VA construction projects.
These cuts, which hurt those who have sacrificed for our country, are
unacceptable. Not everything requested by the President is sacrosanct,
and Congress has a duty--it is an important part of our
responsibility--to evaluate each and every line item in a budget
proposal. Such an assessment of this bill makes clear that many
accounts are clearly underfunded.
Despite the abundant shortcomings, there are some positive aspects,
including reporting requirements for electronic health records and
prioritizing the elimination of the veterans claims backlog.
It is imperative that, as the bill progresses toward enactment,
improvements are made and that, as the entire appropriations process
continues, we reach an agreement that will ensure these bills invest in
our hard-working families' economic security.
Mr. DENT. Madam Chair, at this time, I yield 3 minutes to the
gentlewoman from Alabama (Mrs. Roby), who has been a tireless advocate
for the needs of the veterans in her community in Alabama.
Mrs. ROBY. First, I thank the chairman and the ranking member for
their hard work on this bill, and I thank the chairman for yielding.
Madam Chairman, I am so grateful for this opportunity to stand here
today in support of H.R. 2029, the Military Construction and Veterans
Affairs and Related Agencies Appropriations Act.
This bill undeniably provides much-needed funding for both our
veterans programs and military projects, while staying within the
strict limits of our House-passed budget resolution.
I am especially proud because there is funding that we were able to
secure in this bill for the folks in Alabama, right at home, including
new school construction both at Fort Rucker, the home of Army aviation
excellence, and $33 million for new school construction at Maxwell Air
Force Base, much-needed dollars for our military families at this post
and this base, and also funding for a new squadron operations facility
at Dannelly Field.
These are all extremely important to our critical military functions
in Alabama. Anybody who has been on post at Rucker or at the base at
Maxwell knows that these schools are in disrepair and are in need of
replacing.
Our military families deserve quality on-base facilities, and these
projects are going to go a long way to help improve their quality of
life right there in Alabama.
I want to address, though, what I was struck with--and everyone else
in this institution--when I woke up this morning, Madam Chair. I was
extremely disappointed, alongside my colleagues, to see that the
President, yet again, has threatened to veto this bill.
This bill provides critical, much-needed funding for our military
families and our veterans, and the President should not play around
with that.
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Under this administration we have failed our veterans miserably. And
only in Washington, D.C., when you see an increase of $3.6 billion for
our VA to provide these critical needs for our men and women who have
worn the uniform and put their lives on the line for the freedom and
liberty that allow us to stand in this room today, only in Washington,
D.C., will a $3.6 billion increase on behalf of our veterans be called
a cut.
You know why, Madam Chair?
It is being called a cut because it is the only way to shift the
blame away from this administration's failure to our veterans back to
the Republican-led House. It is clearly politics that is driving us,
and I am asking, Madam Chair, that the President seriously rethink his
position.
The administration needs to take responsibility, and they are trying,
once again, to point fingers at leadership in this House that is doing
all that we can to ensure that our veterans get timely care and the
best care that we can provide them. This is cynical, and it is
shameful, and I believe--I believe--that the American people can see
straight through it.
So I hope, again, Madam Chair, that the President will reconsider
this position because there is no place--no place--here in this bill
for political gamesmanship when it comes to our military families and
our veterans.
Mr. BISHOP of Georgia. Madam Chair, at this time I yield 3 minutes to
the gentlewoman from California (Ms. Lee), a member of the Subcommittee
on Military Construction and Veterans Affairs.
Ms. LEE. Madam Chairman, let me thank the ranking member for
yielding, for his unwavering leadership for our veterans on this
committee, and for your friendship. Thank you very much, Mr. Bishop.
Let me also thank Chairman Dent, in addition to Ranking Member
Bishop, really for working very hard in a bipartisan way on a variety
of issues facing our veterans, including empowering our vets in their
transition back to civilian life and ensuring adequate and accessible
access to care.
As the daughter of a veteran, I understand the enormous sacrifices
that our servicemembers and their families make to serve our Nation, so
this subcommittee is extremely important.
I want to thank the ranking member and chair for working with me and
my colleagues on the subcommittee to include important report language
on the backlog at the Oakland VA regional office, which is, of course,
one of the worst in the Nation.
I want to thank our ranking member, Congresswoman Brown, who is here
today, for her leadership on the committee in shedding some light also
on
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what is taking place at the Oakland VA regional office.
This language will ensure that the Oakland office not only has to
provide Congress with accurate information on what has happened with
these backlogged claims, but it will require the Veterans Benefits
Administration to outline the lessons learned and what the new
protocols are to ensure that no veteran faces delays in accessing care.
Yet, of course, insufficient allocations in this bill leave much work
to be done. The 2016 MILCON-VA approps bill includes a $582 million cut
from the major construction account. Now, that is half of the
President's request of $1.1 billion.
Simply put, the level of funds allocated in this bill is totally
insufficient and, yes, it undermines the responsibility we have to
provide our veterans with the best and most innovative care. As a
result, the construction of vital medical facilities that will serve
our veterans will be delayed. This includes the initial phase of
construction for the state-of-the-art Alameda Point outpatient clinic
in my own congressional district, which serves thousands of veterans in
the northern California area.
The CHAIR. The time of the gentlewoman has expired.
Mr. BISHOP of Georgia. I yield the gentlewoman an additional 1
minute.
Ms. LEE. Thank you very much.
I just want to thank the ranking member and the chair for continuing
to work with me to ensure that the limitation language in the report
with regard to major construction funds for the VA does not preclude
clinics like, for example, the Alameda Point outpatient clinic.
Addressing the limitation language and restoring funding to the
President's request level for major construction is really vital to
ensuring that our Nation keeps the promise that we have made to our
brave veterans to give them access to the best care.
Madam Chair, we really can't afford what these cuts will do with our
veterans. We can't afford to allow this dangerous and harmful impact of
sequestration now to be locked in by these allocations before us today.
These dismal numbers, they directly affect our veterans' access to care
that they need and that they have earned.
So I hope that, as this process moves forward, these insufficient
allocations are resolved.
Mr. DENT. I yield such time as he may consume to the gentleman from
California (Mr. Denham) for a colloquy.
Mr. DENHAM. Madam Chair, every Member of this body recognizes the
special obligation this House has to take care of our veterans. We also
have an obligation to ensure that the funds we entrust to the
Department of Veterans Affairs are actually properly spent.
The shocking waste of funds at the Aurora Hospital in Denver has
rightly earned the outrage of both this body and the American public.
The $930 million in cost overruns in Denver will have to be paid for by
taking funds that could otherwise have accelerated critical access
projects across the country or assisted the Department as it attempts
to tackle the backlog in claims at the Veterans Benefits
Administration.
I am particularly concerned that the complete failure of project
management of the Denver hospital is negatively impacting veterans in
my district. They have already suffered from a lack of access to care.
Specifically, I am seeking clarity on what the committee intends with
the major construction funding appropriated under this bill. The
Committee report includes language requiring the funding provided for
major construction to be used for new hospital construction and seismic
corrections.
One of the projects included in this request is the Livermore
Realignment and Closure project. This project would utilize FY 2016
funding to provide for the complete construction of a new medical
facility at French Camp in the Central Valley. The facility would
provide direct medical care to more than 87,000 veterans in its service
area and dramatically reduce the nearly 6-hour commute faced by
veterans in my district for even routine health care.
Madam Chairman, does the Livermore Realignment and Closure project, a
project that was authorized more than a decade ago by this Congress,
meet the criteria for funding set by the committee in the report
accompanying this appropriations bill?
Mr. DENT. Will the gentleman yield?
Mr. DENHAM. I yield to the gentleman from Pennsylvania.
Mr. DENT. Madam Chair, I thank the gentleman from California for
offering this opportunity to clarify the meaning of our report
language. I do share your concern about the mismanagement of
construction projects by the VA. It is delaying vital projects such as
Livermore.
In this report, we simply made clear the priority for funding
hospital construction and seismic corrections. Within the funds
provided in the bill, unallocated major construction funding remains
available, and the VA has the ability to allocate those funds towards
French Camp as well as other projects in the budget request. The report
instructs the VA to make that determination and provide a list of
projects to this committee.
I have heard similar concerns from other Members, including the
gentlelady, Ms. Lee, who just spoke a few moments ago, who have
projects included in this request, such as Alameda Clinic and a
rehabilitative therapy clinic in St. Louis, which the administration
could also choose to fund.
I appreciate these concerns and the opportunity to provide some
clarity. I hope that is helpful. But nothing precludes funding.
Madam Chair, I reserve the balance of my time.
Mr. BISHOP of Georgia. Madam Chair, I yield 2 minutes to the
gentlewoman from Florida (Ms. Brown), who is the ranking member of the
House Veterans' Affairs Committee and a strong supporter of our
veterans.
Ms. BROWN of Florida. Madam Chair and Members of the House, I rise in
strong opposition to the Military Construction and Veterans Affairs
Appropriations bill.
After taking steps forward with the new Choice Act program, this
Republican budget takes two steps back with its cuts to veterans health
care, just another example of Republicans talking the talk but not
walking the walk. But don't take my word for it. If you ask the
veterans service organizations who represent the interests of veterans,
every one of them is opposing this bill.
The national commanders of the Veterans of Foreign Wars said the
following about the Republican Veterans bill:
The VA cannot fulfill its mission without proper funding,
but the House, for whatever reason, now wants to ration care,
eliminate infrastructure projects, and stop improving upon
the programs and services that the VA was created to provide.
This is a bad bill for veterans, and anyone that votes for it
should really take a second look.
And let me just say one other thing. I often say, if you are not in
the room, you are on the menu, and I am sure that veterans never
thought that Republicans would put them on the menu.
Mr. DENT. Madam Chair, I yield myself such time as I may consume, and
I just want to respond to the gentlewoman from Florida's comments.
You know, a lot of people have been saying that we cut spending in
this bill. The President requested an 8 percent increase. We provided
for a 6 percent increase.
You know, because the President makes a request does not mean that
Congress has to behave like potted plants and simply accede to every
item that the President has asked for. That is not our role as Members
of Congress.
Our job is to provide some real serious oversight over a department
that has failed in many respects. And Members on both sides of the
aisle agree with that, given the problems of Denver, Phoenix,
Philadelphia, Oakland, and elsewhere. I can go through a long list.
But some of the oversight mechanisms in this bill, I should mention,
include things like requiring a spending plan before construction
dollars can be spent. We did that because of what has happened all
across the country.
We prohibit increases in the scope of construction projects. We
prohibit transfer of funds between construction projects. We fence 75
percent of funding until conditions are met, cut funding for poorly
performing offices, require detailed quarterly reports regarding
disability compensation claims. We have tightened restrictions on
reprogramming. We have also rescinded
[[Page H2583]]
$415 million from VA pay accounts, that is pay and bonuses, limiting
the amount of money available for pay increases and bonuses.
Should we reward failure at the VA?
I mean, there are management problems at the VA. It is not simply
about money. We all know this. And given you can open up a newspaper
every day, just 2 weeks ago in the city of Philadelphia, at the
regional office there, a scathing inspector general's report about the
failures, and to simply reward that would be unconscionable on our
part.
Ms. BROWN of Florida. Will the gentleman yield?
Mr. DENT. I yield to the gentlewoman.
Ms. BROWN of Florida. My question is: Will you admit that this budget
will deny 70,000 veterans from receiving health care?
Mr. DENT. Reclaiming my time, I will tell you that this budget
adequately meets--more than adequately meets--the needs of our
servicemembers and our veterans and their families.
Madam Chair, I reserve the balance of my time.
Mr. BISHOP of Georgia. Madam Chair, I have no further speakers.
I yield back the balance of my time.
Mr. DENT. Madam Chair, again, just urging all Members to support this
important legislation. It is the right thing to do. We have no further
speakers at this time.
I yield back the balance of my time.
The CHAIR. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
During consideration of the bill for amendment each amendment shall
be debatable for 10 minutes equally divided and controlled by the
proponent and an opponent and shall not be subject to amendment. No pro
forma amendment shall be in order except that the chair and ranking
minority member of the Committee on Appropriations or their respective
designees may offer up to 10 pro forma amendments each at any point for
the purpose of debate. The Chair of the Committee of the Whole may
accord priority in recognition on the basis of whether the Member
offering an amendment has caused it to be printed in the portion of the
Congressional Record designated for that purpose. Amendments so printed
shall be considered read.
The Clerk will read.
The Clerk read as follows:
H.R. 2029
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for military
construction, the Department of Veterans Affairs, and related
agencies for the fiscal year ending September 30, 2016, and
for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army
Corps of Engineers and other personal services necessary for
the purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $663,245,000, to remain available until
September 30, 2020: Provided, That of this amount, not to
exceed $109,245,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of the
Army determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the
reasons therefor.
{time} 1515
Amendment Offered by Mr. Bishop of Georgia
Mr. BISHOP of Georgia. Madam Chairman, I rise to offer an amendment.
The CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 2, line 18, after the dollar amount, insert ``(reduced
by $1) (increased by $1)''.
Page 27, line 9, after the dollar amount, insert
``(increased by $154,643,000)''.
Page 28, line 15, after the dollar amount, insert
``(increased by $69,691,000)''.
Page 29, line 9, after the dollar amount, insert
``(increased by $105,132,000)''.
Page 30, line 15, after the first dollar amount, insert
``(increased by $10,000,000)''.
Page 32, line 5, after the dollar amount, insert
``(increased by $95,000,000)''.
Page 36, line 5, after the first dollar amount, insert
``(increased by $582,000,000)''.
Strike section 233.
Strike section 238.
Strike section 240.
Strike section 241.
Mr. BISHOP of Georgia (during the reading). Madam Chair, I ask
unanimous consent to dispense with the reading.
The CHAIR. Is there objection to the request of the gentleman from
Georgia?
There was no objection.
Mr. DENT. Madam Chairman, I reserve a point of order on the
gentleman's amendment.
The CHAIR. A point of order is reserved.
Pursuant to House Resolution 223, the gentleman from Georgia and a
Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Georgia.
Mr. BISHOP of Georgia. Madam Chair, the amendment that I am offering
should be supported by every Member of this House. Very simply, it
would restore the Military Construction and Veterans Affairs funding
bill to the full amount requested by the administration and to the full
amount deemed necessary by the affected agencies.
Last night, the Veterans of Foreign Wars, one of the largest veterans
service organizations in the United States, put out a letter calling
this year's MILCON-VA bill ``bad for veterans.'' They oppose the bill.
The Independent Budget group, which consists of the AMVETS, the
Disabled American Veterans, the Paralyzed Veterans of America, and
Veterans of Foreign Wars, expressed serious concerns with this bill.
The Iraq and Afghanistan Veterans of America also expressed their
serious concerns with this bill. In their letter, they called on
Congress to provide the entire $1.5 billion that was cut from the
budget request for the VA, which this House should do immediately.
Without this necessary funding, much-needed investments in veterans
health care will be shortchanged, and important services will be
compromised.
I understand that House rules make it difficult to add money to a
spending bill's allocation, but I sincerely hope that we don't hide
behind that as an excuse.
We should be doing the right thing on behalf of our Nation's
veterans. We have the power to do it. We need to pass a law to change
the law which limits us and puts this cap on what we can do to take
care of our veterans and our military construction. This amendment
addresses that, and I urge all of my colleagues to vote ``yes'' and to
demonstrate to the veteran community that the message has been
received.
Madam Chair, I reserve the balance of my time.
Ms. BROWN of Florida. Madam Chair, I rise in strong support of this
amendment, which increases funding for all the VA programs that the
Republicans cut in this year's Mil Con-VA Appropriations bill.
Our troops continue the fight to keep our country safe and to ensure
the blessings of liberty that we enjoy. And after their service in the
military ends, many are in desperate need of quality health care to
make a healthy transition to civilian life.
As Members of Congress, it is our job to make sure that the men and
women who fought for our freedom have access to high quality,
comprehensive health care services. One of our first obligations to
meeting this demand is ensuring that the Department of Veteran's
Affairs (VA) has the resources it needs to provide top-notch care to
our veterans. Just a few months ago, President Barack Obama proposed a
budget for 2016 which will help to meet the needs of the VA by
providing $70.2 billion in discretionary funding for VA, a 7.5 percent
increase from 2015. This proposed budget would also provide $3.2
billion in estimated medical care collections and $95.3 billion for
VA's mandatory benefit programs.
However, I am deeply disappointed in that H.R. 2029, the House
MilCon, VA and Related Agencies Appropriations Subcommittee's proposal
cuts $1.4 billion from the President's budget request. This is simply a
desperate attempt to balance our nation's budget on the backs of our
veterans, and it is not acceptable.
The Veterans have fought for our nation, and now is the time we need
to fight for them.
I ask my colleagues on both sides of the aisle to stand with me and
the millions of our
[[Page H2584]]
nations' veterans and support this amendment to appropriately fund the
VA and provide services to our veterans that they earned from their
years of service.
[April 28, 2015]
VFW Calls New VA Appropriations Bill `Bad for Veterans'
Washington.--The national commander of the Veterans of
Foreign Wars of the United States said the U.S. House of
Representatives is set to penalize disabled veterans this
week if it votes to reduce the Department of Veterans Affairs
budget request by more than $1.5 billion.
``The nationwide crisis in care and confidence that erupted
in the VA last year was caused in many ways by a lack of
adequate resourcing that only Congress is authorized to
provide,'' said John W. Stroud, who leads the 1.9 million-
member VFW and its Auxiliaries. ``That's why the VFW is
demanding that the House amend this bill to appropriate a
funding level that fully funds VA.''
In its current form, the fiscal year 2016 Military
Construction and Veterans Affairs Appropriations Bill makes
across-the-board cuts to all VA discretionary accounts, and
drastically underfunds medical care, major construction and
Information Technology accounts. Stroud said across-the-board
cuts to discretionary spending is what Congress created back
in 2011, but by another name, sequestration. Now the House
wants to impose its own sequester on a federal department
whose sole mission is to care for wounded, ill and injured
veterans.
``The VA cannot fulfill its mission without proper funding,
but the House for whatever reason now wants to ration care,
eliminate infrastructure projects, and stop improving upon
the programs and services that the VA was created to
provide,'' said the VFW national commander. ``This bill is
bad for veterans and any vote for it is unconscionable, which
is why we want veterans and advocates everywhere to get
involved by urging their elected officials to fully fund the
VA.''
Iraq and Afghanistan
Veterans of America,
April 28, 2015.
Hon. John Boehner,
Speaker, House of Representatives,
Washington, DC.
Hon. Nancy Pelosi,
Minority Leader, House of Representatives,
Washington, DC.
Dear Mr. Speaker and Madam Minority Leader: On behalf of
the 400,000 members of Iraq and Afghanistan Veterans of
America (IAVA), we write to express concern over the House
Committee on Appropriations' April 22, 2015 markup and vote
on the Department of Veterans Affairs (VA) appropriations
bill for Fiscal Year (FY) 2016.
Over the expressed objections of the administration, the
committee reduced the president's FY 2016 VA budget request
by more than $1.4 billion. If allowed, this cut could hamper
the services ten of thousands of veterans receive, and impact
VA's ability to activate new and replacement facilities with
sufficient staff and equipment and to adequately maintain
facility infrastructure.
Secretary McDonald has been upfront and, above all,
realistic in asking for full funding of the president's FY
2016 VA request. Reform of the VA, its facilities and its
infrastructure are monumental tasks. Unfortunately these
challenges become almost unobtainable with a reduction in
funding outlined in the House's mark.
During Congress' first 100 days, great strides have been
made to address the needs of our nation's veterans. Passage
of the Clay Hunt Suicide Prevention for American Veterans
(SAV) Act was a huge bipartisan victory in the House and
Senate. It showed the American people what is possible if we
work together.
In that same vein, we ask that you again work in a
bipartisan manner and request the House, in making its final
adjustments or as a part of a conference on this legislation,
to find the means to fund the VA's realistic request so that
the institution can meet its congressional mandate next year.
To that end, we ask the leadership of the House to restore
VA's overall funding at least to the level recommended by the
administration in its FY 2016 budget.
Sincerely,
Matthew M. Miller,
Chief Policy Officer, Iraq and
Afghanistan Veterans of America (IAVA).
____
The Independent Budget,
April 27, 2015.
Hon. John Boehner,
Speaker, House of Representatives, Washington, DC.
Hon. Nancy Pelosi,
Minority Leader, House of Representatives, Washington, DC.
Dear Mr. Speaker and Madam Minority Leader: As partner
organizations in the Independent Budget for Fiscal Year 2016,
we write to express our concerns about the results of the
Committee on Appropriations' April 22, 2015 markup and vote
on the Department of Veterans Affairs (VA) appropriations
bill for Fiscal Year (FY) 2016.
Over the expressed objections of the Administration, the
Committee made a rushed determination to reduce the
President's FY 2016 VA Medical Care request by over $600
million. This reduction is equivalent to the cost of
providing care for tens of thousands of veterans next year.
If enacted, the bill would harm these services and others,
including reducing VA's ability to activate new and
replacement facilities with sufficient staff and equipment
and to adequately maintain facility infrastructure.
In the separate capital infrastructure accounts (for major
and minor projects as well as for state veterans home
construction grants), the Committee reduced the
Administration's request by $582 million. We are deeply
concerned that VA will not receive enough resources to enable
the system to properly maintain its existing health care
facilities, nor to build any new ones. Despite the VA's well
publicized deficits in addressing the overdue and over-budget
medical center construction project in Denver, dozens of
other VA centers are much older and in poorer condition than
the Colorado facility that is being replaced, but no funds
would be made available in the FY 2016 appropriation to begin
these priority projects. Also, lack of maintenance, repairs,
and improvements in existing VA facilities now carrying
backlogged projects costing billions of dollars would be much
more expensive in future years due to funding inadequacies
brought about by this bill. The Congress should note that
over the past decade, Congress has funded VA infrastructure
needs at a level that was $7.9 billion less than what we
collectively recommended in Independent Budgets over that
period.
In the long run, Congress will be forced to appropriate
much larger sums to enable VA to catch up to the deficits
being created by this bill. In a related vein, please see
VA's letter to the Speaker and President of the Senate, dated
April 14, 2015, requesting several high priority construction
authorizations and supportive appropriations, and the
expenditure of unobligated balances from section 801 of
Public Law 113-146, to be used to complete the construction
of the Denver facility, and for other purposes that we
strongly support.
Strangling the VA's appropriated accounts for
infrastructure, but refusing to allow any flexibility in the
use of funds already provided by Congress in prior acts,
places VA in double jeopardy. It means VA simply cannot
build, and cannot expand--even when funds are available and
could be used. This barrier penalizes and denies care in some
way to every veteran who relies on VA. As VA Secretary
McDonald said last week, this situation will ``harm
veterans.'' We agree.
On the topic of VA's Medical and Prosthetic Research
program, we appreciate the Committee's approval of an
amendment to match the Administration's request of $622
million for FY 2016. Without these new funds, VA clinician-
scientists would have needed to significantly reduce
recruitment and analysis in the Million Veteran Program,
delaying the benefits of precision medicine to veterans.
Also, these funds will be used for completion of genetic
studies on functional disability in schizophrenia and bipolar
disorder; to initiate studies aimed at finding the root cause
of a known genetic susceptibility to post-traumatic stress
disorder; and, to conduct new studies aimed at predicting
susceptibility to opioid abuse. Despite this good news, as
advocates we are concerned that these funds were shifted in
an unprecedented manner from the VA information technology
(IT) account--an appropriation that was already reduced $80
million from the President's requested level during the
Committee's consideration. Also, holding VA accountable for
making significant progress in developing the next generation
of electronic health records in coordination with the
Department of Defense, while suppressing the IT funding to
make that very progress possible, is deeply troubling.
In addition to these concerns, we note that in the bill's
administrative provisions, the Appropriations Committee would
further reduce VA funding, even when it appears that the bill
would be providing higher levels at the top line. For
example, if this administrative language is adopted by
Congress, VA will find itself in the odd position come
January 2016 of needing to decide (in the Committee's words,
``if it chooses to do so'') whether over 300,000 VA employees
will be due a comparability increase, without any funding
appropriated for it. We know of no statute that makes federal
employee comparability increases discretionary once the
President announces the comparability rate. In the research
program, for example, the appropriation would be reduced by a
rescission of over $3 million even while the Committee voted
to approve an amendment to restore the account to the
Administration's full requested level. Other administrative
provisions have similar effects, all deleterious to any VA
flexibility in funding its many requirements in FY 2016. In
fact the total rescissions from these administrative
provisions would be more than $400 million, with nearly $200
million directed at the Medical Services account atop the
$600 million discussed above.
This is a particularly important moment in VA history,
given the events of the past year. Suffocating the system now
with a dearth of funding (well over $1 billion less than
requested by the Administration), and restricting or
rescinding the use of available funds--even those to be
appropriated in this bill--while demanding reforms, only
proves to make VA's intended and ongoing efforts more
challenging.
As indicated, we respectfully request the House, in making
its final adjustments, or as a part of a conference on this
legislation, to find the means to sufficiently fund these
crucial VA accounts so that the institution can meet its
Congressional mandate next year. To that end, we ask the
Leadership of the
[[Page H2585]]
House to restore VA's overall funding at least to the level
recommended by the Administration in its FY 2016 budget,
although even that level is almost $1.4 billion below our
joint recommendations in the Independent Budget for next
year.
When the nation sends our soldiers and Marines into live
combat in hostile territory, we do not skimp on their
training, weapons, or ammunition for the fight. Now that
these veterans are home, we should do no less.
On behalf of the millions of veterans who make up our
memberships, we will appreciate the House Leadership and
Members taking into account our concerns about funding levels
needed by the VA in FY 2016, and acting to fully fund the VA
system.
Sincerely,
Stewart M. Hickey,
National Executive Director, AMVETS.
Homer S. Townsend, Jr.,
Executive Director, Paralyzed Veterans of America.
Garry J. Augustine,
Executive Director, Washington Headquarters, DAV (Disabled
American Veterans).
Robert E. Wallace,
Executive Director, Veterans of Foreign Wars of the United
States.
Point of Order
Mr. DENT. Madam Chairman, I make a point of order against the
amendment because it proposes to amend portions of the bill not yet
read.
Section 17 of chapter 2 of the House Practice book states in part:
``It is not in order to strike out or otherwise amend portions of a
bill not yet read for amendment.''
I ask for a ruling from the Chair.
The CHAIR. Does any other Member wish to be heard on the point of
order?
Mrs. LOWEY. I wish to be heard on the point of order.
The CHAIR. The gentlewoman from New York is recognized to be heard on
the point of order.
Mrs. LOWEY. Madam Chair, I rise in strong support of the amendment.
The bill falls far short of providing the resources that the
President requested and veterans earned. The National Commander of the
Veterans of Foreign Wars has demanded that ``the House amend the bill
to appropriate a funding level that fully funds the VA.'' The gentleman
from Georgia's (Mr. Bishop) amendment does just that.
The VFW went on to say the bill ``drastically underfunds medical
care, major construction, and information technology accounts. . . .
The VA cannot fulfill its mission without proper funding; but the
House, for whatever reason, now wants to''------
The CHAIR. The gentlewoman will suspend.
The gentlewoman must confine her remarks to the point of order.
Does the gentlewoman wish to be heard on the point of order?
Mrs. LOWEY. Yes.
I just want to emphasize that the VFW strongly supports the amendment
for the reasons that I suggested.
The CHAIR. Does any other Member wish to be heard on the point of
order?
If not, the Chair is prepared to rule.
To be considered en bloc pursuant to clause 2(f) of rule XXI, an
amendment must propose only to transfer appropriations among objects in
the bill. Because the amendment offered by the gentleman from Georgia
proposes also another kind of change in the bill, namely: striking
sections from the bill, it may not avail itself of clause 2(f) to
address portions of the bill not yet read.
The point of order is sustained.
Mr. BISHOP of Georgia. Madam Chair, I move to appeal the ruling of
the Chair.
The CHAIR. The question is, Shall the decision of the Chair stand as
the judgment of the Committee?
The question was taken; and the Chair announced that the ayes
appeared to have it.
Recorded Vote
Mr. BISHOP of Georgia. Madam Chair, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 237,
noes 180, not voting 14, as follows:
[Roll No. 178]
AYES--237
Abraham
Aderholt
Allen
Amash
Amodei
Babin
Barletta
Barr
Barton
Benishek
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Chaffetz
Clawson (FL)
Coffman
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Crenshaw
Culberson
Curbelo (FL)
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Dold
Duffy
Duncan (SC)
Duncan (TN)
Ellmers (NC)
Emmer (MN)
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guthrie
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice, Jody B.
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Katko
Kelly (PA)
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
Labrador
LaMalfa
Lamborn
Lance
Latta
LoBiondo
Long
Loudermilk
Lucas
Luetkemeyer
Lummis
MacArthur
Marchant
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palmer
Paulsen
Pearce
Perry
Pittenger
Pitts
Poliquin
Pompeo
Posey
Price, Tom
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Ross
Rothfus
Rouzer
Russell
Ryan (WI)
Salmon
Sanford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NOES--180
Adams
Aguilar
Ashford
Bass
Beatty
Becerra
Bera
Bishop (GA)
Blumenauer
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Duckworth
Edwards
Ellison
Engel
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Graham
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Heck (WA)
Higgins
Himes
Hinojosa
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Love
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
McNerney
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Pelosi
Perlmutter
Peters
Pingree
Pocan
Polis
Price (NC)
Quigley
Rice (NY)
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sinema
Sires
Slaughter
Speier
Swalwell (CA)
Takai
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
NOT VOTING--14
Beyer
Cleaver
Guinta
Hastings
Meeks
Palazzo
Payne
Peterson
Poe (TX)
Rangel
Roskam
Royce
Rush
Smith (WA)
[[Page H2586]]
{time} 1545
Mr. QUIGLEY changed his vote from ``aye'' to ``no.''
Messrs. HURT of Virginia, MEADOWS, and LABRADOR changed their vote
from ``no'' to ``aye.''
So the decision of the Chair stands as the judgment of the Committee.
The result of the vote was announced as above recorded.
The CHAIR. The Clerk will read.
The Clerk read as follows:
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps
as currently authorized by law, including personnel in the
Naval Facilities Engineering Command and other personal
services necessary for the purposes of this appropriation,
$1,349,678,000, to remain available until September 30, 2020:
Provided, That of this amount, not to exceed $91,649,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Air
Force as currently authorized by law, $1,237,055,000, to
remain available until September 30, 2020: Provided, That of
this amount, not to exceed $89,164,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Secretary of the Air Force
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of
the Department of Defense (other than the military
departments), as currently authorized by law, $1,931,456,000,
to remain available until September 30, 2020: Provided, That
such amounts of this appropriation as may be determined by
the Secretary of Defense may be transferred to such
appropriations of the Department of Defense available for
military construction or family housing as the Secretary may
designate, to be merged with and to be available for the same
purposes, and for the same time period, as the appropriation
or fund to which transferred: Provided further, That of the
amount appropriated, not to exceed $160,404,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary
of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That none of the funds made available by this title may be
used to construct any fiscal year 2016 special operations
command military construction projects until the Commander of
the Special Operations Command has certified in writing and
submits to the Committees on Appropriations of both Houses of
Congress a report that includes the following:
(1) A definition of ``Special Operations Forces-peculiar''
as it applies to the use of United States Special Operations
Command (USSOCOM) funding to meet military construction
requirements for facilities that provide healthcare services
or support fitness activities.
(2) A description of the decision-making process used to
determine whether a military construction project that
provides healthcare facilities or supports fitness activities
should be funded by the USSOCOM or the military departments.
(3) Provides a schematic of the human performance centers
by installation, a listing of the planned equipment related
to training and resiliency and a description of the mission-
critical benefit of each item, an explanation of why the
unique physical and psychological health services
incorporated could not be provided by the Defense Health
Agency or military services, and a planned staffing
breakdown.
Amendment Offered by Ms. Stefanik
Ms. STEFANIK. Madam Chair, I have an amendment at the desk.
The CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
page 4, line 14, insert after the dollar amount ``(reduced
by $30,000,000)(increased by $30,000,000)'' and insert on
line 23, after the dollar amount ``(increased by
$30,000,000)''.
The CHAIR. Pursuant to House Resolution 223, the gentlewoman from New
York and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from New York.
Ms. STEFANIK. Madam Chair, I would like to thank the gentleman from
Pennsylvania (Mr. Dent) and his staff for allowing this important
discussion of an east coast missile defense site, as well as the
gentleman from Ohio (Mr. Turner) for his continued efforts and support.
Madam Chair, my amendment would provide for the planning, design, and
construction of an additional missile defense site. Simply put, missile
defense shields our Nation from hostile incoming warheads. And with the
escalation of threats of rogue nations like North Korea and Iran, the
United States must be ready not just to retaliate, but to actually stop
an attack. We must be able to defend our Nation and shoot it down.
North Korea does, indeed, have a nuclear weapons capability and is a
real concern, given their unstable and erratic behavior. Iran has
clearly demonstrated key technologies required for ICBM development.
This is about maintaining our Nation's readiness, and an east coast
missile defense site provides increased battle space, more decision
time, increased reliability, more inventory, and a different angle of
intercept.
General Jacoby stated that a third site would give him an increased
battle space and increased opportunity for him to engage threats from
either Iran or North Korea. An east coast missile defense site would
increase our Nation's defense capability against those very real
threats.
Madam Chair, this amendment provides for the security and protection
that our Nation needs.
I yield such time as he may consume to the gentleman from Ohio (Mr.
Turner).
Mr. TURNER. Madam Chair, I want to thank Congresswoman Stefanik and
also Chairman Dent for their support for this amendment providing
funding for the planning, design, and construction of an additional
missile defense site capable of protecting the homeland from a long-
range ballistic missile attack.
As Congresswoman Stefanik is very well aware, we currently possess
only two sites, both located on the west coast, limiting our ability to
target and intercept incoming ICBMs either that are targeting the east
coast or that are originating from the east.
Dating back to 2007, the United States Northern Command in charge of
defending the homeland recommended the construction of the east coast
site. One thing that we know: under President Obama's plan for missile
defense, he canceled President Bush's third site that was to be located
in Poland and provide ICBM coverage for the east coast of the United
States continental. He then canceled phase 4 of his own phase adaptive
approach that would have similarly provided that coverage.
The only opportunity that we have left with those two options gone is
to look to the east coast site. Two Presidents and three Secretaries of
Defense have all recognized the advantages of an additional missile
coast defense site in order to provide further protection against long-
range ballistic missile threats from regions such as the Middle East.
As China, Russia, Iran, and North Korea push for more advanced launch
vehicles, the construction of an east coast site will dramatically
improve the ability of our military to intercept incoming threats by
increasing the opportunity to engage and defeat those threats.
I urge support for this amendment.
Mr. DENT. Will the gentlewoman yield?
Ms. STEFANIK. I yield to the gentleman from Pennsylvania.
Mr. DENT. Madam Chair, I rise in support of the gentlewoman's
amendment.
With advantages in launch capabilities, we should explore protecting
the east coast from our adversaries, as Mr. Turner and Ms. Stefanik
have stated. She has been very articulate and a great advocate for her
district in Fort Drum.
Ms. STEFANIK. Madam Chair, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the
gentlewoman from New York (Ms. Stefanik).
The amendment was agreed to.
Ms. LEE. Madam Chair, as the designee of the ranking member, I move
to strike the last word.
The CHAIR. The gentlewoman from California is recognized for 5
minutes.
[[Page H2587]]
Ms. LEE. Madam Chair, I am first seeking clarity from Chairman Dent
on what the committee intends with the major construction account
funding in this bill.
Included in the committee report is language that the funding
provided for major construction be used for hospital construction and
seismic corrections. One of the projects in the request is the Alameda
Clinic. This clinic would provide direct medical care to veterans in my
district.
Mr. Chairman, does the Alameda Clinic project meet the criteria for
funding set by the committee in the report accompanying this bill?
Mr. DENT. Will the gentlewoman yield?
Ms. LEE. I yield to the gentleman from Pennsylvania.
Mr. DENT. It does, yes.
Ms. LEE. I want to thank the gentleman for this clarification, and I
yield back the balance of my time.
The CHAIR. The Clerk will read.
The Clerk read as follows:
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$167,437,000, to remain available until September 30, 2020:
Provided, That of the amount appropriated, not to exceed
$20,337,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Director of the Army National Guard determines
that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses
of Congress of the determination and the reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$138,738,000, to remain available until September 30, 2020:
Provided, That of the amount appropriated, not to exceed
$5,104,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Director of the Air National Guard determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military
Construction Authorization Acts, $104,295,000, to remain
available until September 30, 2020: Provided, That of the
amount appropriated, not to exceed $9,318,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Chief of
the Army Reserve determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the reserve components of the Navy and
Marine Corps as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $36,078,000, to remain available until September 30,
2020: Provided, That of the amount appropriated, not to
exceed $2,208,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by
law, unless the Secretary of the Navy determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $65,021,000, to remain
available until September 30, 2020: Provided, That of the
amount appropriated, not to exceed $13,400,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Chief of
the Air Force Reserve determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $150,000,000, to remain available until
expended.
Family Housing Construction, Army
For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$99,695,000, to remain available until September 30, 2020.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $393,511,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized
by law, $16,541,000, to remain available until September 30,
2020.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $353,036,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$160,498,000, to remain available until September 30, 2020.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $331,232,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for operation and maintenance, leasing,
and minor construction, as authorized by law, $58,668,000.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure
Account, established by section 2906(a) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$251,334,000, to remain available until expended.
Administrative Provisions
Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed
$25,000, to be performed within the United States, except
Alaska, without the specific approval in writing of the
Secretary of Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized
therein are certified as important to the national defense by
the Secretary of Defense.
Sec. 104. None of the funds made available in this title
may be used to begin construction of new bases in the United
States for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in
excess of 100 percent of the value as determined by the Army
Corps of Engineers or the Naval Facilities Engineering
Command, except: (1) where there is a determination of value
by a Federal court; (2) purchases negotiated by the Attorney
General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public
interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title
for minor construction may be used to transfer or relocate
any activity from one base or installation to another,
without prior notification to the Committees on
Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title
may be used for the procurement
[[Page H2588]]
of steel for any construction project or activity for which
American steel producers, fabricators, and manufacturers have
been denied the opportunity to compete for such steel
procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during
the current fiscal year may be used to pay real property
taxes in any foreign nation.
Sec. 110. None of the funds made available in this title
may be used to initiate a new installation overseas without
prior notification to the Committees on Appropriations of
both Houses of Congress.
Sec. 111. None of the funds made available in this title
may be obligated for architect and engineer contracts
estimated by the Government to exceed $500,000 for projects
to be accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Gulf, unless such contracts are awarded to United
States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title
for military construction in the United States territories
and possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Gulf, may be used to award
any contract estimated by the Government to exceed $1,000,000
to a foreign contractor: Provided, That this section shall
not be applicable to contract awards for which the lowest
responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a
foreign contractor by greater than 20 percent: Provided
further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a
Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of plans and scope of any
proposed military exercise involving United States personnel
30 days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated
to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current
session of Congress.
Sec. 115. For military construction or family housing
projects that are being completed with funds otherwise
expired or lapsed for obligation, expired or lapsed funds may
be used to pay the cost of associated supervision,
inspection, overhead, engineering and design on those
projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any
funds made available to a military department or defense
agency for the construction of military projects may be
obligated for a military construction project or contract, or
for any portion of such a project or contract, at any time
before the end of the fourth fiscal year after the fiscal
year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from
funds available for military construction projects; and (2)
do not exceed the amount appropriated for such project, plus
any amount by which the cost of such project is increased
pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14
days for a notification provided in an electronic medium
pursuant to sections 480 and 2883 of title 10, United States
Code, to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the
Secretary of Defense may be transferred to: (1) the
Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing''
accounts, to be merged with and to be available for the same
purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of
Defense Military Unaccompanied Housing Improvement Fund from
amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts,
to be merged with and to be available for the same purposes
and for the same period of time as amounts appropriated
directly to the Fund: Provided, That appropriations made
available to the Funds shall be available to cover the costs,
as defined in section 502(5) of the Congressional Budget Act
of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of
subchapter IV of chapter 169 of title 10, United States Code,
pertaining to alternative means of acquiring and improving
military family housing, military unaccompanied housing, and
supporting facilities: Provided further, That the transfer
authority in this provision shall also be applicable to
amounts appropriated for construction in ``Family Housing''
accounts in section 2002 of Public Law 112-10.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the Department of Defense Base Closure
Account to the fund established by section 1013(d) of the
Demonstration Cities and Metropolitan Development Act of 1966
(42 U.S.C. 3374) to pay for expenses associated with the
Homeowners Assistance Program incurred under 42 U.S.C.
3374(a)(1)(A). Any amounts transferred shall be merged with
and be available for the same purposes and for the same time
period as the fund to which transferred.
Sec. 119. Notwithstanding any other provision of law,
funds made available in this title for operation and
maintenance of family housing shall be the exclusive source
of funds for repair and maintenance of all family housing
units, including general or flag officer quarters: Provided,
That not more than $15,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer
quarters without 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress,
except that an after-the-fact notification shall be submitted
if the limitation is exceeded solely due to costs associated
with environmental remediation that could not be reasonably
anticipated at the time of the budget submission.
Sec. 120. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of
title 10, United States Code, are appropriated and shall be
available until expended for the purposes specified in
subsection (i)(1) of such section or until transferred
pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations
available in this Act to the Department of Defense for
military construction and family housing operation and
maintenance and construction have expired for obligation,
upon a determination that such appropriations will not be
necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations
incurred during the period of availability of such
appropriations, unobligated balances of such appropriations
may be transferred into the appropriation ``Foreign Currency
Fluctuations, Construction, Defense'', to be merged with and
to be available for the same time period and for the same
purposes as the appropriation to which transferred.
Sec. 122. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used by the
Secretary of the Army to relocate a unit in the Army that--
(1) performs a testing mission or function that is not
performed by any other unit in the Army and is specifically
stipulated in title 10, United States Code; and
(2) is located at a military installation at which the
total number of civilian employees of the Department of the
Army and Army contractor personnel employed exceeds 10
percent of the total number of members of the regular and
reserve components of the Army assigned to the installation.
(b) Exception.--Subsection (a) shall not apply if the
Secretary of the Army certifies to the congressional defense
committees that in proposing the relocation of the unit of
the Army, the Secretary complied with Army Regulation 5-10
relating to the policy, procedures, and responsibilities for
Army stationing actions.
Sec. 123. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account
in accordance with the reprogramming guidelines for military
construction and family housing construction contained in
Department of Defense Financial Management Regulation
7000.14-R, Volume 3, Chapter 7, of February 2009, as in
effect on the date of enactment of this Act.
Sec. 124. None of the funds made available in this title
may be obligated or expended for planning and design and
construction of projects at Arlington National Cemetery.
(rescission of funds)
Sec. 125. Of the unobligated balances available for
``Military Construction, Army'', from prior appropriation
Acts (other than appropriations designated by law as being
for contingency operations directly related to the global war
on terrorism or as an emergency requirement), $96,000,000 are
hereby rescinded.
(rescission of funds)
Sec. 126. Of the unobligated balances available for
``Military Construction, Air Force'', from prior
appropriation Acts (other than appropriations designated by
law as being for contingency operations directly related to
the global war on terrorism or as an emergency requirement),
$52,600,000 are hereby rescinded.
(rescission of funds)
Sec. 127. Of the unobligated balances available for
``Military Construction, Defense-Wide'', from prior
appropriation Acts (other than appropriations designated by
law as being for contingency operations directly related to
the global war on terrorism or as an emergency requirement),
$134,000,000 are hereby rescinded.
(rescission of funds)
Sec. 128. Of the unobligated balances made available in
prior appropriation Acts for the fund established in section
1013(d) of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374) (other than
appropriations designated by law as being for contingency
operations directly related to the global war on terrorism or
as an emergency requirement), $103,918,000 are hereby
rescinded.
[[Page H2589]]
Sec. 129. For the purposes of this Act, the term
``congressional defense committees'' means the Committees on
Armed Services of the House of Representatives and the
Senate, the Subcommittee on Military Construction and
Veterans Affairs of the Committee on Appropriations of the
Senate, and the Subcommittee on Military Construction and
Veterans Affairs of the Committee on Appropriations of the
House of Representatives.
Sec. 130. None of the funds made available by this title
may be used to carry out the closure or realignment of Lajes
Air Force Base, Azores, and, unless and until the Secretary
of Defense certifies in writing to the congressional defense
committees that, based on operational requirements, Lajes Air
Force Base is not an optimal location for the Joint
Intelligence Analysis Complex, none of the funds made
available by this title may be used to construct phase two of
the Joint Intelligence Analysis Complex Consolidation at
Royal Air Force Croughton, United Kingdom.
Sec. 131. Notwithstanding section 124, for an additional
amount for ``Military Construction, Army'' in this title,
$30,000,000 is provided for advances to the Federal Highway
Administration, Department of Transportation, for
construction of access roads as authorized by section 210 of
title 23, United States Code.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53,
55, and 61 of title 38, United States Code; pension benefits
to or on behalf of veterans as authorized by chapters 15, 51,
53, 55, and 61 of title 38, United States Code; and burial
benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on
commercial life insurance policies guaranteed under the
provisions of title IV of the Servicemembers Civil Relief Act
(50 U.S.C. App. 541 et seq.) and for other benefits as
authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States
Code, $166,271,436,000, to remain available until expended,
of which $87,146,761,000 shall become available on October 1,
2016: Provided, That not to exceed $15,562,000 of the amount
made available for fiscal year 2016 and $16,021,000 of the
amount made available for fiscal year 2017 under this heading
shall be reimbursed to ``General Operating Expenses, Veterans
Benefits Administration'', and ``Information Technology
Systems'' for necessary expenses in implementing the
provisions of chapters 51, 53, and 55 of title 38, United
States Code, the funding source for which is specifically
provided as the ``Compensation and Pensions'' appropriation:
Provided further, That such sums as may be earned on an
actual qualifying patient basis, shall be reimbursed to
``Medical Care Collections Fund'' to augment the funding of
individual medical facilities for nursing home care provided
to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38,
United States Code, $32,088,826,000, to remain available
until expended, of which $16,743,904,000 shall become
available on October 1, 2016: Provided, That expenses for
rehabilitation program services and assistance which the
Secretary is authorized to provide under subsection (a) of
section 3104 of title 38, United States Code, other than
under paragraphs (1), (2), (5), and (11) of that subsection,
shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled
veterans insurance, and veterans mortgage life insurance as
authorized by chapters 19 and 21, title 38, United States
Code, $169,080,000, to remain available until expended, of
which $91,920,000 shall become available on October 1, 2016.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
during fiscal year 2016, within the resources available, not
to exceed $500,000 in gross obligations for direct loans are
authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $164,558,000.
vocational rehabilitation loans program account
For the cost of direct loans, $31,000, as authorized by
chapter 31 of title 38, United States Code: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That funds made available under
this heading are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$2,952,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $367,000, which may be paid to
the appropriation for ``General Operating Expenses, Veterans
Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $1,134,000.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs and
veterans described in section 1705(a) of title 38, United
States Code, including care and treatment in facilities not
under the jurisdiction of the Department, and including
medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees
hired under title 38, United States Code, aid to State homes
as authorized by section 1741 of title 38, United States
Code, assistance and support services for caregivers as
authorized by section 1720G of title 38, United States Code,
loan repayments authorized by section 604 of the Caregivers
and Veterans Omnibus Health Services Act of 2010 (Public Law
111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), and hospital
care and medical services authorized by section 1787 of title
38, United States Code; $969,554,000, which shall be in
addition to funds previously appropriated under this heading
that became available on October 1, 2015; and, in addition,
$51,673,000,000, plus reimbursements, shall become available
on October 1, 2016, and shall remain available until
September 30, 2017: Provided, That notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall
establish a priority for the provision of medical treatment
for veterans who have service-connected disabilities, lower
income, or have special needs: Provided further, That
notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall give priority funding for the
provision of basic medical benefits to veterans in enrollment
priority groups 1 through 6: Provided further, That
notwithstanding any other provision of law, the Secretary of
Veterans Affairs may authorize the dispensing of prescription
drugs from Veterans Health Administration facilities to
enrolled veterans with privately written prescriptions based
on requirements established by the Secretary: Provided
further, That the implementation of the program described in
the previous proviso shall incur no additional cost to the
Department of Veterans Affairs.
{time} 1600
Amendment Offered by Mr. Gosar
Mr. GOSAR. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR (Mr. Hultgren). The Clerk will report the amendment.
The Clerk read as follows:
Page 27, line 9, after the dollar amount, insert
``(increased by $2,031,000)''.
Page 30, line 15, after the first dollar amount, insert
``(reduced by $2,031,000)''.
Mr. DENT. Mr. Chairman, I reserve a point of order on the gentleman's
amendment.
The Acting CHAIR. A point of order is reserved.
Pursuant to House Resolution 223, the gentleman from Arizona and a
Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Arizona.
Mr. GOSAR. Mr. Chairman, I rise to offer an amendment which seeks to
provide additional resources for the mental health services for our
Nation's veterans.
By way of background, the VA's budget justification for FY16 requests
an increase of $3,231,000 over the enacted fiscal year '15 levels for
its Office of Congressional and Legislative Affairs, but on the very
next page of that document, the VA only mentions that it needs ``$1.2
million to address increased congressional and legislative workload.''
My amendment simply transfers the remaining $2,031,000 unaccounted
for from this request and prioritizes it to address the ongoing
problems our veterans face from returning from combat.
Traumatic brain injuries and post-traumatic stress disorder have been
consistently contributing to behavioral issues with our veterans, and,
all too often, these ongoing mental health issues result in suicide.
With an average of 18 to 20 veteran suicides per day, more resources
are desperately needed. The Congressional Budget Office says the
amendment would have no impact on the budget authority or outlays.
The VA does not need more money to hire more paper pushers to send
letters to Capitol Hill to attempt to explain its inappropriate
actions. Instead, let's
[[Page H2590]]
appropriate the money to those whom the VA was created to serve, and
let's help improve the mental health of our Nation's heroes.
I ask my colleagues to support this commonsense amendment. I thank
Chairman Dent and Ranking Member Bishop for their time.
Mr. Chairman, I yield back the balance of my time.
Point of Order
Mr. DENT. Mr. Chairman, I wish to speak on the point of order.
The amendment proposes to amend portions of the bill not yet read.
The amendment may not be considered en bloc under clause 2(f) of rule
XXI because the amendment proposes to increase the level of outlays in
the bill.
I ask for a ruling from the Chair.
The Acting CHAIR. Does any other Member wish to be heard on the point
of order?
To be considered en bloc pursuant to clause 2(f) of rule XXI, an
amendment must not propose to increase the levels of budget authority
or outlays in the bill. Because the amendment offered by the gentleman
from Arizona proposes a net increase in the level of outlays in the
bill, as argued by the chairman of the Subcommittee on Appropriations,
it may not avail itself of clause 2(f) to address portions of the bill
not yet read.
The point of order is sustained. The amendment is not in order.
The Clerk will read.
The Clerk read as follows:
medical support and compliance
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the
Department as authorized under chapter 17 of title 38, United
States Code, and the Federal Medical Care Recovery Act (42
U.S.C. 2651 et seq.), $6,524,000,000, plus reimbursements,
shall become available on October 1, 2016, and shall remain
available until September 30, 2017.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other
necessary facilities of the Veterans Health Administration;
for administrative expenses in support of planning, design,
project management, real property acquisition and
disposition, construction, and renovation of any facility
under the jurisdiction or for the use of the Department; for
oversight, engineering, and architectural activities not
charged to project costs; for repairing, altering, improving,
or providing facilities in the several hospitals and homes
under the jurisdiction of the Department, not otherwise
provided for, either by contract or by the hire of temporary
employees and purchase of materials; for leases of
facilities; and for laundry services, $5,074,000,000, plus
reimbursements, shall become available on October 1, 2016,
and shall remain available until September 30, 2017.
medical and prosthetic research
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $621,813,000,
plus reimbursements, shall remain available until September
30, 2017.
Mr. DENT. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. DENT. Mr. Chairman, exactly 2 weeks ago, the VA Office of the
Inspector General released its report on the gross mismanagement and
claims manipulation that has long corroded the Philadelphia VA Regional
Office. The issues revealed through that report reflect some of the
worst instances of neglect and lack of accountability I have seen.
These issues are unacceptable for our Nation's veterans. I have
personally seen the consequences firsthand through my constituency
served by the Philadelphia VA.
This bill takes a number of steps to address the issues raised by the
inspector general and help to ensure that they will not be repeated at
any VA facility. I remain steadfast in my work to bring accountability
and reform to the VA.
Mr. Chairman, I yield to the gentleman from Pennsylvania (Mr.
Meehan).
Mr. MEEHAN. I want to thank the gentleman, and I want to thank him
for his hard work on this bill.
Mr. Chairman, the gentleman from Pennsylvania has put together a
fiscally responsible piece of legislation that will support the U.S.
military, the military families, and the veterans who have served our
country.
As you have heard in the discussions that have taken place with other
colleagues, particularly with those from Pennsylvania, when red tape
and mismanagement stand between a veteran and his or her care, we all
have a responsibility to blow the whistle and to call for appropriate
reforms.
The inspector general for Veterans Affairs released a report 2 weeks
ago on the Philadelphia Veterans Affairs Regional Office, as my
colleague identified, and the report was even more scathing than we
were led to believe it would be. It confirmed our worst fears--that the
Philadelphia VA Regional Office is rife with systematic mismanagement,
poor morale, the deliberate manipulation of data, and individuals who
are more focused on misleading the Nation than on serving our veterans.
I would like to thank Chairman Miller on the Veterans' Affairs
Committee for convening a hearing on these reports just last week in
order to explore these matters in greater detail. Out of those
hearings, we learned that the VA isn't planning on holding anyone
responsible until after the completion of yet another report. This may
be the nature of the process, but it is deeply troubling.
What the VA needs is not an endless loop of bureaucratic reviews and
inquires--it is competent management that is needed, management that
will hold the employees and the other management accountable. While we
wait for the next report, with this bill, Congress has an opportunity
to take reform action with VA H.R. 2029, which will give the VA
employees the tools they need to expedite the veterans benefits and
care process.
One of the findings from the IG report that stuck out at me was that,
in Philadelphia, the average response time for some 31,000 inquiries
was 312 days. According to policy, that response should have happened
within 5 days. I asked the Director of the VA: What do you tell the
veterans? He had no answer. That response time is completely
unacceptable. The funding in this bill will provide additional staff to
expedite the processing of these claims and get those veterans the
benefits they deserve.
Again, I want to thank the gentleman from Pennsylvania (Mr. Dent) for
his hard work on this bill. I look forward to continuing to work with
him, as well as with other colleagues, to bring about the important
reforms that are needed at the Philadelphia benefits office.
Mr. DENT. I thank the gentleman from Pennsylvania for his dedication
and determination to right the situation.
Mr. Chairman, I yield to the gentleman from Chester County,
Pennsylvania (Mr. Costello).
Mr. COSTELLO of Pennsylvania. Mr. Chairman, I rise today regarding
Congressman Dent's fiscally responsible appropriations legislation and
the positive impact it will have on the Philadelphia VA Regional
Office.
The Acting CHAIR. The time of the gentleman has expired.
Mr. DENT. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. DENT. Mr. Chairman, I yield to the gentleman from Chester County,
Pennsylvania (Mr. Costello), who has been deeply concerned about this
issue of the Philadelphia Veterans Affairs Regional Office.
Mr. COSTELLO of Pennsylvania. Mr. Chairman, I rise today regarding
Congressman Dent's fiscally responsible appropriations legislation and
the positive impact it will have on the Philadelphia VA Regional
Office.
As you know, the Philadelphia VA has been plagued with a
dysfunctional and toxic work environment, with management purposefully
and blatantly displaying managerial wrongdoing. Mr. Chairman, it is our
duty to right these wrongdoings and to ensure that the best care is
provided to our veterans. This appropriations bill is a great start,
and it gives Congress the opportunity to act on behalf of our veterans.
Let's talk about this appropriations bill and the specifics of it.
It fully funds the Veterans Benefits Management System, which will
result
[[Page H2591]]
in cutting the average processing time of a veteran's filed claim. It
fully funds the Veterans Benefits Administration with an additional
$163 million to allow for more staffing for the processing of appeals
claims. We have already heard about the backlog of the claims. This
seeks to address that. It allocates funding for IT to permit the
electronic modernization of appeals claims, and it allocates full
funding for digital scanning and centralized mail. Lastly, this bill
establishes strike force response teams to bring in experienced
managers to implement corrective actions at struggling and low-
performing VA facilities, like the Philadelphia VA.
Mr. Chairman, it is time for change at the Philadelphia VA RO, and I
am fully committed to ensuring that there is a course correction of the
wrongdoings there and that we effectively and expeditiously resolve the
problems. I encourage my colleagues to do the same and support this
bill.
I will also want to particularly thank Congressman Dent for his hard
work on this bill. I look forward to continuing to work with you and
with your respective committees to provide the best for the veterans in
our Commonwealth and across the Nation.
Mr. DENT. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
National Cemetery Administration
For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations;
hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the
National Cemetery Administration, $266,220,000, of which not
to exceed $26,600,000 shall remain available until September
30, 2017.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, $336,659,000, of
which not to exceed $10,100,000 shall remain available until
September 30, 2017: Provided, That funds provided under this
heading may be transferred to ``General Operating Expenses,
Veterans Benefits Administration''.
Amendment Offered by Mr. McNerney
Mr. McNERNEY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 30, line 15, after the first dollar amount, insert
``(reduced by $15,068,000)''.
Page 31, line 9, after the dollar amount, insert ``(reduced
by $27,213,000)''.
Page 32, lines 5 and 9, after each dollar amount, insert
``(reduced by $135,019,000)''.
Page 36, line 5, after the first dollar amount, insert
``(increased by $177,300,000)''.
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from California and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from California.
{time} 1615
Mr. McNERNEY. Mr. Chairman, I want to thank Chairman Dent and Ranking
Member Bishop for all their hard work on this year's military
construction and Veterans Affairs funding bill. I know that both of you
had to make difficult decisions to get under the current financial
constraints.
The President's budget included $1.4 billion in funding for VA major
construction projects. Unfortunately, this bill only includes $561
million, which is $582 million less than the request. This severely
impacts access to care for veterans.
My amendment increases the VA major construction by $177 million,
although I would still prefer to restore full funding for major
construction with the President's fiscal year 2016 budget request. The
amendment is offset by reductions to the VA administration IT accounts,
bringing them in line with the fiscal year 2015 enacted levels. In
addition, the general operating expenses account would be reduced by
$27 million.
However, my amendment will ensure that more VA construction projects
are funded, including the outpatient clinic and national cemetery in
Alameda, California, and a 187,000-square-foot community-based
outpatient clinic in French Camp, California.
Without this funding, more than 87,000 veterans in and around my
district will have to continue to wait for the quality medical care
that they have earned. For example, I recently drove with a veteran to
the nearest VA medical center. His appointment was only 30 minutes, but
including travel, it took us 8 hours. It took all day. This cannot
continue.
The VA buildings are an average of 60 years old. Since 2004, use of
Department facilities has risen 80 percent to 120 percent, while the
condition of these facilities deteriorated over the same period of
time. There are more than 3,900 infrastructure gaps that will cost
between $54 billion and $66 billion to close, including $10 billion in
activation costs.
Moreover, the Veterans Health Administration has over 21 major
construction projects dating to 2007 that have been only partially
funded. To complete existing projects and to close future gaps, the VA
will need to invest at least $23 billion over the next 10 years. At
current requested funding levels, it will take more than 67 years to
complete the 10-year capital investment plan of the Department.
Our brave men and women deserve access to the best healthcare system
our Nation has to offer, and that is the VA healthcare system. Not
adequately funding our future construction projects is a disservice to
our Nation's heroes.
Now I share my colleagues' outrage at the VA boondoggle in Aurora,
Colorado. This is unacceptable to taxpayers, to veterans and their
families, and an embarrassment to the VA. While we are all frustrated
with how this process has gone, further funding reductions to major
construction does not help build additional facilities on schedule,
fails to provide additional oversight of construction projects, and
does nothing to reform VA construction processes. I am pleased that
both the chairman and ranking member recognize the need to address this
issue and have included important language to that effect, but there is
still more work to be done, and that is something we plan to address in
the Committee on Veterans' Affairs.
In addition, the VA announced last week that it is working with the
Army Corps of Engineers to identify projects in which the Corps will
serve as the construction agent. The VA and the Corps are still working
on the exact projects and criteria, but this is a step in the right
direction.
Mr. Chairman, I understand the frustration, really, but cutting
funding right now to these projects doesn't solve the problem. It is
hurting our veterans. We need to think outside of that box. Let's focus
on improving our construction process and not punishing the veterans
across the country because of what occurred in Denver. I urge my
colleagues to support this amendment.
I yield back the balance of my time.
Mr. DENT. Mr. Chairman, I must rise reluctantly in opposition to the
amendment.
The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. DENT. I know the gentleman and others are disappointed that we
did not provide the full administration request for major construction,
but we felt that it was more important to provide necessary health
services for veterans than to add to the poorly managed major
construction account. This amendment, I believe, proves the wisdom of
our choice.
To provide enough money for the French Camp project Mr. McNerney is
interested in, we would have to gut the VA IT program, which is already
$195 million below the request. I don't think many Members would be
willing to accept the cuts that would need to be made to the electronic
medical records system or the paperless disability claims processing
system. We can't afford to sacrifice the good of the many veterans to
accommodate a local or parochial project construction request.
I understand the gentleman's concern and frustration, but I do
believe that this request would do a lot of damage to the IT program
and affect a lot of
[[Page H2592]]
things that all of us are deeply concerned about in terms of an A-rated
health record, EMR, and other important disability issues.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. McNerney).
The amendment was rejected.
Amendment Offered by Mr. Gosar
Mr. GOSAR. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 30, line 15, after the first dollar amount, insert
``(reduced by $8,000,000) (increased by $8,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from Arizona and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Arizona.
Mr. GOSAR. Mr. Chairman, I rise to offer an amendment that would
transfer $8 million within this bill to hire and train personnel for
the purposes of reducing the veterans' disability claims backlog.
By way of background, the VA's budget justification for the fiscal
year 2016 requests an increase of $12 million for its Office of General
Counsel, but on the very next page of that document, it says it needs
$4 million to ``address increases in the legal workload.''
The VA budget justification also says that the VA's goal is to have
an additional 45 full-time equivalent lawyers for its Office of General
Counsel, which would take the total number of attorneys up to 757.
According to the committee report for the last 5 years, the committee
has fully funded the President's budget request for additional full-
time equivalents, and yet the claim backlogs remain.
My amendment seeks to reprogram money within the Veterans Benefits
Administration from the Office of General Counsel and put it towards
the hiring and training of personnel who will work to reduce the VA
claims backlog. The Congressional Budget Office says this amendment has
no score.
I think most of us can agree that the appropriations would be better
spent on the VA claims backlog reduction rather than hiring more
lawyers. I urge my colleagues to support this amendment.
Mr. DENT. Will the gentleman yield?
Mr. GOSAR. I yield to the gentleman from Pennsylvania.
Mr. DENT. I agree with Mr. Gosar that eliminating the backlog should
be the VA's highest priority. The bill provides the entire
administration request for claims processing activities, and I would
support your amendment.
Mr. GOSAR. I thank the gentleman.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (Mr. Gosar).
The amendment was agreed to.
Amendment Offered by Ms. Titus
Ms. TITUS. I rise to offer an amendment. It is at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 30, line 15, after the first dollar amount, insert
``(reduced by $500,000) (increased by $500,000)''.
The Acting CHAIR. Pursuant to House Resolution 223, the gentlewoman
from Nevada and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from Nevada.
Ms. TITUS. I yield myself such time as I may consume.
Mr. Chair, I rise today in support of my amendment, which is designed
to focus the VA's attention on a critical issue, the treatment of our
female veterans.
The population of women veterans is rapidly growing. Today women
constitute approximately 20 percent of new recruits, 14.5 percent of
the Active Duty component, and 18 percent of the Reserve component.
Almost 280,000 women have served post-9/11 in Afghanistan and Iraq.
While the number of male veterans is expected to decline by 2020, the
number of women veterans is expected to grow dramatically to 11 percent
of the veteran population.
From health care to child care, the needs of women veterans are
different from those of their male counterparts. Unfortunately, the VA
has faced challenges in meeting these needs. There are far too few OB/
GYNs and a dearth of women's healthcare clinics. Where clinics do
exist, many lack sufficient privacy protections for the patient. The VA
has also struggled to address shortages in mental health, child care,
and housing services for female veterans.
Too many women who served either do not identify themselves as
veterans or they lack sufficient information about the benefits and
services that the VA provides. Fortunately, the VA has started to put
an increased focus on this population. The VA Center for Women Veterans
is charged with monitoring and coordinating VA's administration of
health care, benefits services, and programs for women veterans, as
well as with raising awareness within the Department for their special
needs.
In 2012 the Women Veterans Task Force published a report outlining
strategies to meet the needs of our female veterans. The report
highlighted barriers to providing services to women veterans, including
a lack of data collection and analysis. Without knowing how to best
serve and meet expectations of female veterans, the VA will never be
able to give these heroes the care and support that they earned and
deserve.
My amendment is designed simply to encourage the VA to fill the two
unfunded data collection and analysis positions in the Center for Women
Veterans to ensure that the VA is able to identify and fulfill the
needs of our Nation's female heroes.
I thank the chairman and the ranking member for working with me on
this amendment.
I reserve the balance of my time.
Mr. BISHOP of Georgia. Mr. Chair, I move to strike the last word.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. BISHOP of Georgia. Mr. Chair, thank you for allowing me to
respond. I support the gentlewoman's efforts to highlight the
importance of women's health. The VA women's center has been
underfunded for the last few years. As the gentlewoman correctly
pointed out, their most recent working group recommends that they fill
two statistician positions that have not yet been filled due to lack of
budget.
Without these positions, it is challenging for the VA to get good
data about female veterans, so many programs are shaped using faulty
assumptions. I believe that these positions are very important for the
VA when it comes to providing care for our female veterans. I support
these efforts, and I urge all Members to support it.
I yield back the balance of my time.
Mr. DENT. Mr. Chair, I claim the time in opposition to the amendment,
but I am not opposed to the amendment.
The Acting CHAIR. Without objection, the gentleman from Pennsylvania
is recognized for 5 minutes.
There was no objection.
Mr. DENT. Mr. Chair, I commend the gentlelady for her work to improve
the services VA provides to our women veterans. You really ought to be
commended. I know your work on the authorizing committee is very
important to you. Since women comprise nearly 15 percent of the Active-
Duty military forces, VA must improve its services and infrastructure
to accommodate gender-specific needs. I certainly strongly support the
gentlelady's amendment.
I yield back the balance of my time.
Ms. TITUS. Mr. Chairman, I just want to close by asking my other
colleagues to support this amendment so we can send a strong message to
our female veterans that the U.S. Congress is committed to ensuring
that the VA is meeting their unique needs. It is critical that the VA
is able to accurately look forward to the future and shape their
programs so it is welcoming and supporting of all our veterans. I thank
you for your support.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Nevada (Ms. Titus).
The amendment was agreed to.
Amendment Offered by Mr. Gosar
Mr. GOSAR. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 30, line 15, after the first dollar amount, insert
``(reduced by $2,000,000)''.
[[Page H2593]]
Page 30, line 22, after the dollar amount, insert
``(increased by $2,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from Arizona and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Arizona.
{time} 1630
Mr. GOSAR. Mr. Chairman, I rise to offer a straightforward amendment
that would strengthen the ability of the Board of Veterans Appeals to
reduce its backlog.
I applaud the committee for taking on the difficult task of
prioritizing limited resources for our veterans. The committee
rightfully recommends the budget request level for the Board of
Veterans Appeals, but I will note that one of the primary concerns I
hear from my casework staff and directly from the veterans is the need
for increased resources to the Board of Veterans Appeals.
According to the committee report accompanying this bill, ``appeals
received by BVA are projected to increase from 49,611 in 2012 to 81,640
cases in 2016.'' That is a 65 percent increase in just 4 short years.
With our troops returning from Iraq and Afghanistan, it is no wonder
why there is such a significant spike in the claims and appeals. I
simply want to heed the call of the veterans in my district and across
this country and ensure that the Board of Veterans Appeals has the
resources necessary to address the seemingly endless backlog.
CBO says this amendment would have no impact on budget authority or
outlays.
I encourage my colleagues to support this amendment. I thank the
chairman and the ranking member for their diligent efforts.
Mr. DENT. Will the gentleman yield?
Mr. GOSAR. I yield to the gentleman from Pennsylvania.
Mr. DENT. I agree with the gentleman from Arizona's emphasis on
maximizing funding for the Board of Veterans Appeals. The board will be
facing an enormous increase in caseload as the backlog of initial
disability claims is cleared and veterans appeals those decisions.
We have provided a $9 million, or 8.6 percent, increase in the
board's funding, as well as additional information technology funds to
help modernize the board's paperbound processing system.
I support the gentleman's amendment.
Mr. GOSAR. I thank the gentleman and the ranking member, and I yield
back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (Mr. Gosar).
The amendment was agreed to.
Amendment Offered by Ms. Sinema
Ms. SINEMA. Mr. Chairman, I have an amendment at the desk, which I
will offer at this time.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 30, line 15, after the first dollar amount, insert
``(reduced by $50,000) (increased by $50,000)''.
The Acting CHAIR. Pursuant to House Resolution 223, the gentlewoman
from Arizona and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from Arizona.
Ms. SINEMA. Mr. Chairman, the Sinema amendment is a commonsense fix
that helps improve the transparency of the VA and the quality of
services provided to veterans.
I appreciate Chairman Dent and Ranking Member Bishop for all of the
work that they are doing to pass this bill and for being so kind about
this amendment.
The underlying bill requires quarterly reports on the financial
status of the Veterans Health Administration. My amendment requires the
VA to include, as part of these quarterly payments, any outstanding
payments owed to contracted entities older than 60 days and a
justification for the delay in payments.
Over the last year, we have seen that the VA is unable to provide the
timely, high-quality care our veterans deserve on their own. By
leveraging community providers and creating a seamless relationship
between internal VA care providers and external non-VA care providers,
we can ensure that veterans receive the timely access to quality care
they deserve.
That is what the Choice Act is trying to create. That is what the
Secretary hopes to build through the MyVA initiative.
Unfortunately, the VA continues to struggle with paying its bills in
a timely way. In my district, I have heard from large hospitals and
small businesses alike who don't receive prompt payments from the VA.
A small business in my district, Interim HealthCare, provides home
care, skilled medical care, and staffing services for the VA. Despite
efforts by the Phoenix VA hospital, the larger VA system has failed to
pay Interim HealthCare and others in a timely way. This threatens small
businesses and the care that they provide to Arizona veterans.
Ultimately, this undermines the seamless care we are attempting to
provide to veterans.
Understanding why the VA struggles to provide timely payments to
contracted service providers will help the VA address this issue and
improve the quality of services for our veterans.
Additionally, we have learned that in 2014, over 55 percent of all
veterans calling a national hotline for care never got through to a
representative. Thus far, in 2015, that number has risen to 59 percent.
This amendment would also allow the VA to provide a report on how many
individuals who reached the call center are dropped and how many get
the care they receive.
The Sinema amendment, Mr. Chair and others, which will improve
oversight and accountability at the VA, is a step towards restoring the
trust that we so dearly owe to our veterans.
I thank the chairman and ranking member for their support and their
dedication to our Nation's veterans.
Mr. Chairman, I yield back the balance of my time.
Mr. DENT. Mr. Chairman, I ask unanimous consent to claim the time in
opposition to the amendment, but I am not opposed the amendment.
The Acting CHAIR. Is there objection to the request of the gentleman
from Pennsylvania?
There was no objection.
The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. DENT. Mr. Chairman, I support the amendment, and I yield back the
balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Arizona (Ms. Sinema).
The amendment was agreed to.
Amendment Offered by Mr. Gosar
Mr. GOSAR. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 30, line 15, after the first dollar amount, insert
``(reduced by $3,200,000)''.
Page 32, line 5, after the dollar amount, insert
``(increased by $3,200,000)''.
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from Arizona and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Arizona.
Mr. GOSAR. Mr. Chairman, I rise to offer an amendment to provide
additional resources for the information technology systems at the
Department of Veterans Affairs.
Updates and upgrades to IT systems at the VA are paramount to meeting
the goals of veterans claims backlog reduction.
I applaud the committee for recommending resources above and beyond
last year's enacted levels, but the recommended levels are
significantly beneath the President's budget request levels.
Last year, I offered an amendment to this same appropriation bill,
House amendment 635, which transferred just over $3.2 million from the
general administration account at the VA to the IT systems account.
That amendment was agreed to by a voice vote. Today, I offer
essentially the same amendment.
I just want to note, as I have before, that many of our veterans are
simply giving up. They are either giving up on trying to obtain the
benefits they deserve or, worse, some of them are giving up on life
altogether. It is a travesty, and this is an appalling trend that must
be reversed.
I appreciate the committee's hard work and its acknowledgment of the
importance of reducing the backlog in this bill. Having said that, I
think we can do more and should focus on
[[Page H2594]]
prioritizing funding for efforts that will lead to timelier care for
our Nation's heroes, as opposed to administrative expenses.
My commonsense amendment proposes redirecting a fraction of the funds
in the general administration account away from things like funding for
conference expenses and bureaucrats and shifting those funds toward
reducing the VA claims backlog.
I urge my colleagues to support this simple amendment to improve IT
systems at the VA.
Mr. DENT. Will the gentleman yield?
Mr. GOSAR. I yield to the gentleman from Pennsylvania.
Mr. DENT. I understand the gentleman's focus on providing information
technology resources for the VA in order to meet the goals of
eliminating the backlog. I have no objection to the amendment.
Mr. GOSAR. I certainly thank the distinguished chair and the ranking
member, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (Mr. Gosar).
The amendment was agreed to.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
board of veterans appeals
For necessary operating expenses of the Board of Veterans
Appeals, $107,884,000, of which not to exceed $10,788,000
shall remain available until September 30, 2017.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of
passenger motor vehicles, reimbursement of the General
Services Administration for security guard services, and
reimbursement of the Department of Defense for the cost of
overseas employee mail, $2,697,734,000: Provided, That
expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of
title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans:
(1) to the maximum extent feasible, to become employable and
to obtain and maintain suitable employment; or (2) to achieve
maximum independence in daily living, shall be charged to
this account: Provided further, That of the funds made
available under this heading, not to exceed $134,800,000
shall remain available until September 30, 2017.
Amendment Offered by Mr. Ruiz
Mr. RUIZ. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 31, line 9, after the dollar amount, insert ``(reduced
by $5,000,000) (increased by $5,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from California and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from California.
Mr. RUIZ. Mr. Chairman, I will start off by saying thank you to
Chairman Dent and Ranking Member Bishop for their hard work on this
appropriations bill.
I rise today to offer an amendment to H.R. 2029, the Military
Construction and Veterans Affairs and Related Agencies Appropriations
Act for 2016. This amendment is for the brave men and women who have
served and sacrificed for our country, our veterans.
California is home to almost 2 million veterans, and I am proud to
represent more than 54,000 veterans in my district alone. There are
40,000 veterans expected to return to California every year for the
next several years, including the fastest growing group of returning
veterans, women.
As our troops come home and assimilate back into civilian life, it is
critical that we do not abandon our veterans when they put down their
weapons; instead, we must ensure they have timely access to the
critical benefits they have earned and deserve.
Unconscionably, thousands of veterans who have sacrificed for our
country are struggling to access benefits they have already earned. Due
to the lingering claims backlog at the Veterans Health Administration,
veterans across our Nation are waiting for pensions, prescription
drugs, and even lifesaving medical care.
Veterans are still waiting for the VA to process 448,000 benefit
claims, and 176,000 of those veterans have been waiting longer than 125
days for a decision. Our work to clear this harmful backlog is not
finished, and we owe it to these courageous men and women to do so as
soon as possible.
These figures are staggering, but the people this is affecting are
not mere statistics. They are men and women like retired Air Force
Master Sergeant Andrew Walker and his family from Beaumont, California.
Mr. Walker and his family waited years on end without receiving the
critical health care he was promised, earned, and desperately needed.
While I am heartened that I was able to help resolve Mr. Walker's
claim, the backlog remains an enduring nightmare for too many veterans
across the country.
Reduced to a claim number and a seemingly endless line, veterans
experience pain, frustration, hopelessness, and despair. Although the
backlog has shrunk since Congress last passed a similar appropriations
bill, we must not lose sight of the importance of getting veterans like
Andrew Walker their hard-earned benefits as soon as possible.
As a member of the VA Committee, I am fighting to change the culture
at the VA from the inside out. By focusing on veteran-centered care and
ensuring that the VA continues working to eliminate this backlog, we
can take much-needed steps in keeping faith with our veterans and
getting them the benefits they have earned.
That is why I am offering this amendment to advocate for an
additional $5 million to fund the digital scanning of health and
benefits files to reduce the backlog by redirecting funding within the
general operating expenses account of the Veterans Benefits
Administration.
This amendment simply directs funds toward the digital scanning of
health and benefit files that will reduce the claims backlog without
any new spending.
As an emergency medicine physician, I understand the importance of
efficiency in health care, and I know how dangerous such tribulations
can be for a person with PTSD or depression.
By committing resources to digitizing health and benefits files, we
will further increase VA's capacity to tackle the claims backlog,
ensuring veterans receive the benefits they have earned in a timely
manner.
Let us continue to bear in mind that these men and women have served
this country and they have put their lives on the line. We must service
them by making certain that Congress focuses on eliminating the claims
backlog for good.
I encourage my colleagues to stand up for veterans and support my
pragmatic amendment to reduce veterans claims processing times.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Ruiz).
The amendment was agreed to.
Amendment Offered by Mr. Walberg
Mr. WALBERG. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 31, line 9, after the dollar amount, insert ``(reduced
by $5,000,000) (increased by $5,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from Michigan and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Michigan.
Mr. WALBERG. Mr. Chairman, I would like to start by thanking
subcommittee Chairman Dent and Chairman Rogers for their work in
developing this legislation to address the current and future needs of
our Nation's veterans.
I rise today to offer an amendment that highlights the need for
veterans job training as part of this appropriations bill. Simply, my
amendment would designate $5 million within the general operating
expenses of the Veterans Benefits Administration account to support
programs that help our veterans transition to the workforce.
Michigan is home to more than 660,000 veterans who contribute every
day to the vitality of our communities.
{time} 1645
These men and women have developed marketable skills, from technical
training in mechanics, IT, and health care, to leadership qualities,
ethics,
[[Page H2595]]
and problem-solving abilities, yet too many of them struggle to find
employment after they have completed their service.
Those veterans recently returned from Iraq and Afghanistan face
unique challenges to finding employment, as those who served in Active
Duty since September 20, 2001, face a jobless rate that is 1.7
percentage points higher--7.2 percent veterans versus 5.5 percent
national--than the general population.
The House has taken a number of good steps toward helping veterans
transition to the civilian sector, from passing the Hire More Heroes
Act to remove costly ObamaCare mandates that discourage the hiring of
veterans, to working with employers to help them understand the
benefits of hiring veterans. We can certainly do more to ensure these
brave men and women have the opportunity for gainful employment when
they return to our communities.
The VA should use these designated funds to focus on difficulties
veterans face translating their valuable skills to suitable employment
in the civilian sector. For example, as the committee rightly
highlights in their report, the VA should refine and upgrade its
Military Skills Translator tool to more accurately reflect the
transferable skills of transitioning military veterans. The VA should
also increase public awareness and access to this tool for our Nation's
employers.
If we are to develop the 21st century workforce, our Nation cannot
afford to leave our veterans behind; and if we are to meet our
obligation to those who have put their lives on the line in service to
our country, we must work to improve the transition from military
service to the career field.
I hope my colleagues will support this commonsense amendment to help
our veterans get back to work.
Mr. DENT. Will the gentleman yield?
Mr. WALBERG. I yield to the gentleman from Pennsylvania.
Mr. DENT. I know the gentleman from Michigan has a deep commitment to
providing job training and employment assistance for our returning
veterans, and I support the amendment, which highlights the importance
of VA programs that provide this assistance.
Mr. WALBERG. I thank the chairman.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Michigan (Mr. Walberg).
The amendment was agreed to.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems
and telecommunications support, including developmental
information systems and operational information systems; for
pay and associated costs; and for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said
acquisitions, including contractual costs associated with
operations authorized by section 3109 of title 5, United
States Code, $4,038,363,000, plus reimbursements: Provided,
That $1,115,757,000 shall be for pay and associated costs, of
which not to exceed $34,800,000 shall remain available until
September 30, 2017: Provided further, That $2,417,863,000
shall be for operations and maintenance, of which not to
exceed $167,900,000 shall remain available until September
30, 2017: Provided further, That $504,743,000 shall be for
information technology systems development, modernization,
and enhancement, and shall remain available until September
30, 2017: Provided further, That amounts made available for
information technology systems development, modernization,
and enhancement may not be obligated or expended until the
Secretary of Veterans Affairs or the Chief Information
Officer of the Department of Veterans Affairs submits to the
Committees on Appropriations of both Houses of Congress a
certification of the amounts, in parts or in full, to be
obligated and expended for each development project: Provided
further, That amounts made available for salaries and
expenses, operations and maintenance, and information
technology systems development, modernization, and
enhancement may be transferred among the three subaccounts
after the Secretary of Veterans Affairs requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That amounts made available for the
``Information Technology Systems'' account for development,
modernization, and enhancement may be transferred among
projects or to newly defined projects: Provided further, That
no project may be increased or decreased by more than
$1,000,000 of cost prior to submitting a request to the
Committees on Appropriations of both Houses of Congress to
make the transfer and an approval is issued, or absent a
response, a period of 30 days has elapsed: Provided further,
That funds under this heading may be used by the Interagency
Program Office through the Department of Veterans Affairs to
define data standards, code sets, and value sets used to
enable interoperability: Provided further, That of the funds
made available for information technology systems
development, modernization, and enhancement for VistA
Evolution, not more than 25 percent may be obligated or
expended until the Secretary of Veterans Affairs submits to
the Committees on Appropriations of both Houses of Congress,
and such Committees approve, a report that describes: (1) the
status of and changes to the VistA Evolution program plan
dated March 24, 2014 (hereinafter referred to as the
``Plan''), the VistA 4 product roadmap dated February 26,
2015 (``Roadmap''), and the VistA 4 Incremental Life Cycle
Cost Estimate, dated October 26, 2014; (2) any changes to the
scope or functionality of projects within the VistA Evolution
program as established in the Plan; (3) actual program costs
incurred to date; (4) progress in meeting the schedule
milestones that have been established in the Plan; (5) a
Project Management Accountability System (PMAS) Dashboard
Progress report that identifies each VistA Evolution project
being tracked through PMAS, what functionality it is intended
to provide, and what evaluation scores it has received
throughout development; (6) the definition being used for
interoperability between the electronic health record systems
of the Department of Defense and the Department of Veterans
Affairs, the metrics to measure the extent of
interoperability, the milestones and timeline associated with
achieving interoperability, and the baseline measurements
associated with interoperability; (7) progress toward
developing and implementing all components and levels of
interoperability, including semantic interoperability; (8)
the change management tools in place to facilitate the
implementation of VistA Evolution and interoperability; and
(9) any changes to the governance structure for the VistA
Evolution program and its chain of decisionmaking authority:
Provided further, That the funds made available under this
heading for information technology systems development,
modernization, and enhancement, shall be for the projects,
and in the amounts, specified under this heading in the
report accompanying this Act.
office of inspector general
For necessary expenses of the Office of Inspector General,
to include information technology, in carrying out the
provisions of the Inspector General Act of 1978 (5 U.S.C.
App.), $131,766,000, of which not to exceed $12,600,000 shall
remain available until September 30, 2017.
construction, major projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections
316, 2404, 2406 and chapter 81 of title 38, United States
Code, not otherwise provided for, including planning,
architectural and engineering services, construction
management services, maintenance or guarantee period services
costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site
acquisition, where the estimated cost of a project is more
than the amount set forth in section 8104(a)(3)(A) of title
38, United States Code, or where funds for a project were
made available in a previous major project appropriation,
$561,800,000, of which $527,800,000 shall remain available
until September 30, 2020, and of which $34,000,000 shall
remain available until expended: Provided, That except for
advance planning activities, including needs assessments
which may or may not lead to capital investments, and other
capital asset management related activities, including
portfolio development and management activities, and
investment strategy studies funded through the advance
planning fund and the planning and design activities funded
through the design fund, including needs assessments which
may or may not lead to capital investments, and salaries and
associated costs of the resident engineers who oversee those
capital investments funded through this account, and funds
provided for the purchase of land for the National Cemetery
Administration through the land acquisition line item, none
of the funds made available under this heading shall be used
for any project which has not been approved by the Congress
in the budgetary process: Provided further, That funds made
available under this heading for fiscal year 2016, for each
approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2016; and
(2) by the awarding of a construction contract by September
30, 2017: Provided further, That the Secretary of Veterans
Affairs shall promptly submit to the Committees on
Appropriations of both Houses of Congress a written report on
any approved major construction project for which obligations
are not incurred within the time limitations established
above.
Amendment Offered by Ms. Brownley of California
Ms. BROWNLEY of California. Mr. Chairman, I have an amendment at the
desk.
[[Page H2596]]
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
In the ``Department of Veterans Affairs--Departmental
Administration--Construction, Major Projects'' account,
strike the aggregate dollar amount and insert
``$1,143,800,000''.
Mr. DENT. Mr. Chairman, I reserve a point of order on the
gentlewoman's amendment.
The Acting CHAIR. A point of order is reserved.
Pursuant to House Resolution 223, the gentlewoman from California and
a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from California.
Ms. BROWNLEY of California. Mr. Chairman, I rise this afternoon to
offer an amendment to H.R. 2029. My amendment would restore the funding
for major construction projects in the Department of Veterans Affairs
to $1.14 billion to meet the level that the VA has requested.
As ranking member of the House Veterans' Affairs Subcommittee on
Health, I share the outrage of many of my colleagues over the
unacceptable mismanagement of the VA's major construction program.
I agree that VA management must be held accountable for their failure
to manage construction costs for the Denver hospital. Congress must
reform the VA construction program so that it uses taxpayer dollars
wisely and efficiently. However, we cannot continue to ignore the sad
state of disrepair in VA hospitals and clinics across our country which
are in desperate need of funding for modernization and health and
safety improvements.
Most of the VA's medical infrastructure is old and outdated. The
average building age is approaching 60 years. Many VA health facilities
urgently need seismic retrofitting or emergency repairs. Others are too
small to accommodate the growing population of veterans returning home
from Iraq and Afghanistan, and the aging population of veterans who
served in Vietnam continues to put great stress on the VA.
Many veterans in underserved communities like Ventura County are
counting on us, on Congress, to ensure that new construction projects
are delivered and that their health care needs will be met. The funding
levels in the bill would delay VA plans to expand health care
facilities in many locations, harming VA's ability to provide care to
veterans.
If the current funding level in this bill is made law, the VA would
have to scuttle plans for a rehabilitative therapy building in St.
Louis, Missouri, two outpatient clinics in Alameda and French Camp in
California, and a community living center in Perry Point, Maryland.
Delaying these projects is not the right way to honor our commitment to
our Nation's veterans.
Mr. Chair, draconian funding cuts to the VA's major construction
program are not the only way that veterans are being shortchanged in
this bill before us today. The majority's bill also fails to meet the
administration's budget requests in other areas, including medical
services, medical facilities, and information technology.
For example, the VA estimates that at the bill's current funding
level, over 70,000 fewer veterans will receive medical care compared to
the administration's request. In addition, the VA will not be able to
pay for cemetery expansions in St. Louis, Portland, Riverside, Puerto
Rico, and Pensacola, which would have enabled the Department to serve
18,000 veterans and their family members annually.
Veteran advocates, including AMVETS, Disabled American Veterans,
Paralyzed Veterans of America, and the Veterans of Foreign Wars, agree
that, in the long run, Congress will be forced to appropriate much
larger sums to enable the VA to catch up on the deficits being created
by this bill, not only in capital infrastructure, but in critical
investments in other VA services in health care.
If we really want to change the culture of the VA and ensure that
veterans everywhere can get the services and benefits they have earned,
Congress must do its part by investing in our veterans.
When Congress cuts corners, we put the health and well-being of the
men and women who have served this country at risk.
I realize, Mr. Chairman, that my amendment is subject to a point of
order, so I intend to withdraw my amendment, but we must fix this bill
before it moves forward.
Mr. Chairman, I ask unanimous consent to withdraw my amendment.
The Acting CHAIR. Is there objection to the request of the
gentlewoman from California?
There was no objection.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
construction, minor projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which
may lead to capital investments, architectural and
engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and
site acquisition, or for any of the purposes set forth in
sections 316, 2404, 2406, and chapter 81 of title 38, United
States Code, not otherwise provided for, where the estimated
cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States
Code, $406,200,000, to remain available until September 30,
2020, along with unobligated balances of previous
``Construction, Minor Projects'' appropriations which are
hereby made available for any project where the estimated
cost is equal to or less than the amount set forth in such
section: Provided, That funds made available under this
heading shall be for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage
caused by any natural disaster or catastrophe; and (2)
temporary measures necessary to prevent or to minimize
further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel,
modify, or alter existing hospital, nursing home, and
domiciliary facilities in State homes, for furnishing care to
veterans as authorized by sections 8131 through 8137 of title
38, United States Code, $80,000,000, to remain available
until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as
authorized by section 2408 of title 38, United States Code,
$45,000,000, to remain available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2016 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and such Committees issue an
approval, or absent a response, a period of 30 days has
elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of
Veterans Affairs for fiscal year 2016, in this or any other
Act, under the ``Medical Services'', ``Medical Support and
Compliance'', and ``Medical Facilities'' accounts may be
transferred among the accounts: Provided, That any transfers
between the ``Medical Services'' and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total
amount appropriated to the account in this or any other Act
may take place subject to notification from the Secretary of
Veterans Affairs to the Committees on Appropriations of both
Houses of Congress of the amount and purpose of the transfer:
Provided further, That any transfers between the ``Medical
Services'' and ``Medical Support and Compliance'' accounts in
excess of 1 percent, or exceeding the cumulative 1 percent
for the fiscal year, may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an
approval is issued: Provided further, That any transfers to
or from the ``Medical Facilities'' account may take place
only after the Secretary requests from the Committees on
Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code;
hire of passenger motor vehicles; lease of a facility or land
or both; and uniforms or allowances therefore, as authorized
by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the
purchase of any site for or toward the construction of any
new hospital or home.
[[Page H2597]]
Sec. 205. No appropriations in this title shall be
available for hospitalization or examination of any persons
(except beneficiaries entitled to such hospitalization or
examination under the laws providing such benefits to
veterans, and persons receiving such treatment under sections
7901 through 7904 of title 5, United States Code, or the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the
``Medical Services'' account at such rates as may be fixed by
the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2015.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from sections
3328(a), 3334, and 3712(a) of title 31, United States Code,
except that if such obligations are from trust fund accounts
they shall be payable only from ``Compensation and
Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law,
during fiscal year 2016, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund under
section 1920 of title 38, United States Code, the Veterans'
Special Life Insurance Fund under section 1923 of title 38,
United States Code, and the United States Government Life
Insurance Fund under section 1955 of title 38, United States
Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology
Systems'' accounts for the cost of administration of the
insurance programs financed through those accounts: Provided,
That reimbursement shall be made only from the surplus
earnings accumulated in such an insurance program during
fiscal year 2016 that are available for dividends in that
program after claims have been paid and actuarially
determined reserves have been set aside: Provided further,
That if the cost of administration of such an insurance
program exceeds the amount of surplus earnings accumulated in
that program, reimbursement shall be made only to the extent
of such surplus earnings: Provided further, That the
Secretary shall determine the cost of administration for
fiscal year 2016 which is properly allocable to the provision
of each such insurance program and to the provision of any
total disability income insurance included in that insurance
program.
Sec. 209. Amounts deducted from enhanced-use lease
proceeds to reimburse an account for expenses incurred by
that account during a prior fiscal year for providing
enhanced-use lease services, may be obligated during the
fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management of
the Department of Veterans Affairs and the Office of
Employment Discrimination Complaint Adjudication under
section 319 of title 38, United States Code, for all services
provided at rates which will recover actual costs but not to
exceed $43,700,000 for the Office of Resolution Management
and $3,400,000 for the Office of Employment Discrimination
Complaint Adjudication: Provided, That payments may be made
in advance for services to be furnished based on estimated
costs: Provided further, That amounts received shall be
credited to the ``General Administration'' and ``Information
Technology Systems'' accounts for use by the office that
provided the service.
Sec. 211. No appropriations in this title shall be
available to enter into any new lease of real property if the
estimated annual rental cost is more than $1,000,000, unless
the Secretary of Veterans Affairs submits a request to enter
into such lease to the Committees on Appropriations of both
Houses of Congress and (1) the Committees approve the
request; or (2) the Committees have not rejected the request
before the date that is 15 days after the date on which the
request is received.
Sec. 212. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes
of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the
United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered for
care or services provided in a prior fiscal year may be
obligated by the Secretary during the fiscal year in which
amounts are received.
(including transfer of funds)
Sec. 213. Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing
activities (including disposal) may be deposited into the
``Construction, Major Projects'' and ``Construction, Minor
Projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such
sums as realized are in addition to the amount provided for
in ``Construction, Major Projects'' and ``Construction, Minor
Projects''.
Sec. 214. Amounts made available under ``Medical
Services'' are available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 215. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, may be transferred to ``Medical
Services'', to remain available until expended for the
purposes of that account.
Sec. 216. The Secretary of Veterans Affairs may enter into
agreements with Indian tribes and tribal organizations which
are party to the Alaska Native Health Compact with the Indian
Health Service, and Indian tribes and tribal organizations
serving rural Alaska which have entered into contracts with
the Indian Health Service under the Indian Self Determination
and Educational Assistance Act, to provide healthcare,
including behavioral health and dental care. The Secretary
shall require participating veterans and facilities to comply
with all appropriate rules and regulations, as established by
the Secretary. The term ``rural Alaska'' shall mean those
lands sited within the external boundaries of the Alaska
Native regions specified in sections 7(a)(1)-(4) and (7)-(12)
of the Alaska Native Claims Settlement Act, as amended (43
U.S.C. 1606), and those lands within the Alaska Native
regions specified in sections 7(a)(5) and 7(a)(6) of the
Alaska Native Claims Settlement Act, as amended (43 U.S.C.
1606), which are not within the boundaries of the
municipality of Anchorage, the Fairbanks North Star Borough,
the Kenai Peninsula Borough or the Matanuska Susitna Borough.
(including transfer of funds)
Sec. 217. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section
8118 of title 38, United States Code, may be transferred to
the ``Construction, Major Projects'' and ``Construction,
Minor Projects'' accounts, to remain available until expended
for the purposes of these accounts.
Sec. 218. None of the funds made available in this title
may be used to implement any policy prohibiting the Directors
of the Veterans Integrated Service Networks from conducting
outreach or marketing to enroll new veterans within their
respective Networks.
Sec. 219. The Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of
Congress a quarterly report on the financial status of the
Veterans Health Administration.
(including transfer of funds)
Sec. 220. Amounts made available under the ``Medical
Services'', ``Medical Support and Compliance'', ``Medical
Facilities'', ``General Operating Expenses, Veterans Benefits
Administration'', ``General Administration'', and ``National
Cemetery Administration'' accounts for fiscal year 2016 may
be transferred to or from the ``Information Technology
Systems'' account: Provided, That such transfers may not
result in a more than 10 percent aggregate increase in the
total amount made available by this Act for the ``Information
Technology Systems'' account: Provided further, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and an
approval is issued.
Sec. 221. Of the amounts made available to the Department
of Veterans Affairs for fiscal year 2016, in this or any
other Act, under the ``Medical Facilities'' account for
nonrecurring maintenance, not more than 20 percent of the
funds made available shall be obligated during the last 2
months of that fiscal year: Provided, That the Secretary may
waive this requirement after providing written notice to the
Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 222. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2016 for ``Medical
Services'', ``Medical Support and Compliance'', ``Medical
Facilities'', ``Construction, Minor Projects'', and
``Information Technology Systems'', up to $266,303,000, plus
reimbursements, may be transferred to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 3571) and may be used for
operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4500): Provided, That
additional funds may be transferred from accounts designated
in this section to the Joint Department of Defense-Department
of Veterans Affairs Medical Facility Demonstration Fund upon
[[Page H2598]]
written notification by the Secretary of Veterans Affairs to
the Committees on Appropriations of both Houses of Congress:
Provided further, That section 223 of Title II of Division I
of Public Law 113-235 is repealed.
(including transfer of funds)
Sec. 223. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2016,
for ``Medical Services'', ``Medical Support and Compliance'',
and ``Medical Facilities'', up to $265,675,000, plus
reimbursements, may be transferred to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 3571) and may be used for
operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4500): Provided, That
additional funds may be transferred from accounts designated
in this section to the Joint Department of Defense-Department
of Veterans Affairs Medical Facility Demonstration Fund upon
written notification by the Secretary of Veterans Affairs to
the Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 224. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, for healthcare provided at facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500) shall also be available: (1) for
transfer to the Joint Department of Defense-Department of
Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 3571); and (2) for operations of the facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500).
(including transfer of funds)
Sec. 225. Of the amounts available in this title for
``Medical Services'', ``Medical Support and Compliance'', and
``Medical Facilities'', a minimum of $15,000,000 shall be
transferred to the DOD-VA Health Care Sharing Incentive Fund,
as authorized by section 8111(d) of title 38, United States
Code, to remain available until expended, for any purpose
authorized by section 8111 of title 38, United States Code.
(including rescissions of funds)
Sec. 226. (a) Of the funds appropriated in title II of
division I of Public Law 113-235, the following amounts which
became available on October 1, 2015, are hereby rescinded
from the following accounts in the amounts specified:
(1) ``Department of Veterans Affairs, Medical Services'',
$1,400,000,000.
(2) ``Department of Veterans Affairs, Medical Support and
Compliance'', $100,000,000.
(3) ``Department of Veterans Affairs, Medical Facilities'',
$250,000,000.
(b) In addition to amounts provided elsewhere in this Act,
an additional amount is appropriated to the following
accounts in the amounts specified to remain available until
September 30, 2017:
(1) ``Department of Veterans Affairs, Medical Services'',
$1,400,000,000.
(2) ``Department of Veterans Affairs, Medical Support and
Compliance'', $100,000,000.
(3) ``Department of Veterans Affairs, Medical Facilities'',
$250,000,000.
Sec. 227. The Secretary of Veterans Affairs shall notify
the Committees on Appropriations of both Houses of Congress
of all bid savings for a major construction project within 15
days of being identified that total at least $5,000,000, or 5
percent of the programmed amount of the project, whichever is
less.
Sec. 228. None of the funds made available for
``Construction, Major Projects'' may be used for a project in
excess of the scope specified for that project in the
original justification data provided to the Congress as part
of the request for appropriations unless the Secretary of
Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 229. The Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of
Congress a quarterly report that contains the following
information from each Veterans Benefits Administration
Regional Office: (1) the average time to complete a
disability compensation claim; (2) the number of claims
pending more than 125 days; (3) error rates; (4) the number
of claims personnel; (5) any corrective action taken within
the quarter to address poor performance; (6) training
programs undertaken; and (7) the number and results of
Quality Review Team audits: Provided, That each quarterly
report shall be submitted no later than 30 days after the end
of the respective quarter.
{time} 1700
Amendment Offered by Mr. LaMalfa
Mr. LaMALFA. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 53, line 2, strike ``and'' after the semicolon.
Page 53, line 3, insert the following before the colon: ``;
and (8) the number of informal claims that are unprocessed''.
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from California and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from California.
Mr. LaMALFA. Mr. Chair, each quarter the Secretary of Veterans
Affairs must submit a report that includes several metrics from every
VA regional office to the House and Senate Appropriations Committees.
The report includes the average time to complete a disability claim,
the backlog, error rates, and other important details.
With this amendment, the Secretary of VA must also include the number
of informal claims that are unprocessed. This amendment allows Congress
to receive a more complete picture of the regional office's workload.
We have seen troubling instances in Oakland and other VA regional
offices of informal claims not being handled properly and even waiting
decades for some of those claims to be processed.
Informal claims should be included in this quarterly report from the
Secretary, and this amendment simply requires that that be done;
therefore, giving Congress and veterans a better picture of what that
load would be and then we can address that appropriately. So that is
the amendment.
Mr. DENT. Will the gentleman yield?
Mr. LaMALFA. I yield to the gentleman from Pennsylvania.
Mr. DENT. I support the amendment.
Mr. LaMALFA. Again, Mr. Chair, it is a very simple amendment, and it
will make a clear picture of what the real backlog is of informal
claims, which has not gotten enough attention in the work of the VA in
recent years. Again, we keep finding that it is an issue of importance
and one of great concern as we have discovered what some of the
regional offices have to deal with.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. LaMalfa).
The amendment was agreed to.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
Sec. 230. The Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of
Congress a reprogramming request if at any point during
fiscal year 2016 the funding allocated for a medical care
program that is not estimated through the Enrollee Health
Care Projection Model is adjusted by more than $25,000,000
from the allocation shown in the corresponding congressional
budget justification. Amounts may only be reprogrammed as
requested under this section if (1) the Committees on
Appropriations of both Houses of Congress approve the
request; or (2) the Committees have not rejected the request
before the date that is 15 days after the date on which the
request is received.
Sec. 231. Of the funds provided to the Department of
Veterans Affairs for fiscal year 2016 for ``Medical
Services'' and ``Medical Support and Compliance'', a maximum
of $5,000,000 may be obligated from the ``Medical Services''
account and a maximum of $154,596,000 may be obligated from
the ``Medical Support and Compliance'' account for the VistA
Evolution and electronic health record interoperability
projects: Provided, That funds in addition to these amounts
may be obligated for the VistA Evolution and electronic
health record interoperability projects upon written
notification by the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress.
Sec. 232. The Secretary of Veterans Affairs shall provide
written notification to the Committees on Appropriations of
both Houses of Congress 15 days prior to organizational
changes which result in the transfer of 25 or more full-time
equivalents from one organizational unit of the Department of
Veterans Affairs to another.
(rescission of funds)
Sec. 233. (a) There is hereby rescinded an aggregate amount
of $101,000,000 from the total budget authority provided for
fiscal year 2016 for discretionary accounts of the Department
of Veterans Affairs in--
(1) this Act; or
(2) any advance appropriation for fiscal year 2016 in prior
appropriation Acts.
(b) The Secretary shall submit to the Committees on
Appropriations of both Houses of Congress a report specifying
the account and amount of each rescission not later than 20
days following enactment of this Act.
Sec. 234. The Secretary of Veterans Affairs shall provide
on a quarterly basis to the Committees on Appropriations of
both Houses of Congress notification of any single national
outreach and awareness marketing campaign in which
obligations exceed $2,000,000.
[[Page H2599]]
Sec. 235. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to
replace the current system by which the Veterans Integrated
Service Networks select and contract for diabetes monitoring
supplies and equipment.
(including transfer of funds)
Sec. 236. The Secretary of Veterans Affairs, upon
determination that such action is necessary to address needs
of the Veterans Health Administration, may transfer to the
``Medical Services'' account any discretionary appropriations
made available for fiscal year 2016 in this title (except
appropriations made to the ``General Operating Expenses,
Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of
Veterans Affairs, including those appropriated for fiscal
year 2016, that were provided in advance by appropriations
Acts: Provided, That transfers shall be made only with the
approval of the Office of Management and Budget: Provided
further, That the transfer authority provided in this section
is in addition to any other transfer authority provided by
law: Provided further, That no amounts may be transferred
from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such authority to transfer may
not be used unless for higher priority items, based on
emergent healthcare requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by Congress:
Provided further, That, upon determination that all or part
of the funds transferred from an appropriation are not
necessary, such amounts may be transferred back to that
appropriation and shall be available for the same purposes as
originally appropriated: Provided further, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and
receive approval of that request.
Mr. BISHOP of Georgia. Mr. Chair, I move to strike the last word.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. BISHOP of Georgia. I yield to the gentleman from California (Mr.
Lowenthal).
Mr. LOWENTHAL. Mr. Chair, I thank the ranking member and also the
chairman for providing me this time to speak on the floor.
I am going to go back. My congressional district is home to the Long
Beach Veterans Affairs hospital; the American Gold Star Manor, which is
a manor that provides affordable housing for mothers who have lost
their sons to war and for veterans; and my district is also the home of
Los Alamitos Joint Forces Training Base.
Providing outstanding service to our veterans has been a top priority
throughout my career. That is why I am cosponsoring this amendment to
address the disability claims and appeals backlogs and hopefully
provide funding for more full-time employees to address these issues.
I want to share with you just quickly my concerns.
There are long delays in Aid and Attendance claims, particularly with
regard to elderly, frail veterans with rapidly declining health issues.
And approval is slow and sometimes comes, actually, too late, allowing
the veterans to suffer for no reason.
This year, I had a 100 percent service-connected Purple Heart veteran
with Parkinson's disease who filed for Aid and Attendance in July 2013.
At that time, he needed caretaking assistance at his home but was
initially denied.
In March of 2014, I received a call from his son who informed me that
his father had fallen and broken his shoulder. During this time, my
constituent had to produce multiple pieces of paper and doctor's
confirmation of disability, even though he is an amputee. His son
called my office and informed my caseworker in the district that he
needed immediate assistance for his father. My caseworker called my
staffer in D.C., who ran to the VA Congressional Liaison's office here
at the Capitol to see what could be done during this emergency. I spoke
to the VA about the situation, and my constituent received immediate
assistance because I called. My constituent was finally awarded Aid and
Attendance in May of 2014.
Mr. Chair, our veterans should not have to wait for medical care and
suffer while they are waiting for months and years. Our veterans
deserve better service than we are giving them. It is unnecessary for
these types of emergencies to occur.
Last year, I encouraged the Department to use its funding to hire
additional staff and stated that I do not believe that providing
overtime pay for workers who are already stretched thin was enough. I
am pleased to see there is funding to hire more full-time employees,
but we still need more workers in order for the VA to respond faster. I
am still concerned that the Veterans Benefits Administration is not
requesting adequate resources to expeditiously handle the current
backlog or new claims, which are expected to increase.
The VA is still contracting out claims to other regional offices
rather than the home office. It is making progress. However, claims are
still taking as long as 2 years for resolution. The VA is encouraging
veterans to use electronic benefits, eBenefits, though many Vietnam-era
veterans need assistance with this technology.
Mr. Chair, in closing, when we ask America's veterans to serve their
country and sacrifice their lives on our behalf, our Nation needs to
make a promise to take care of them throughout their lives. Ensuring
that our veterans receive the best care after their years of service to
our Nation is a moral responsibility which must happen. I pledge my
continued support to work with Secretary McDonald and the Department of
Veterans Affairs, my colleagues, stakeholder groups, and my
constituents to address these issues.
Mr. Chair, I ask that you support this amendment.
Mr. BISHOP of Georgia. I yield back the balance of my time.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
(including transfer of funds)
Sec. 237. Amounts made available for the Department of
Veterans Affairs for fiscal year 2016, under the ``Board of
Veterans Appeals'' and the ``General Operating Expenses,
Veterans Benefits Administration'' accounts may be
transferred between such accounts: Provided, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and
receive approval from such Committees for such request.
(rescission of funds)
Sec. 238. Of the unobligated balances available within the
``DOD-VA Health Care Sharing Incentive Fund'', $15,000,000
are hereby rescinded.
Sec. 239. The Secretary of Veterans Affairs may not
reprogram funds among major construction projects or programs
if such instance of reprogramming will exceed $5,000,000,
unless such reprogramming is approved by the Committees on
Appropriations of both Houses of Congress.
(rescissions of funds)
Sec. 240. Of the discretionary funds made available in
Public Law 113-235 for the Department of Veterans Affairs for
fiscal year 2016, $197,923,000 are rescinded from ``Medical
Services'', $42,272,000 are rescinded from ``Medical Support
and Compliance'', and $15,353,000 are rescinded from
``Medical Facilities''.
Sec. 241. The amounts otherwise made available by this Act
for the following accounts of the Department of Veterans
Affairs are hereby reduced by the following amounts:
(1) ``Veterans Benefits Administration--Veterans Housing
Benefit Program Fund'', $3,098,000.
(2) ``Veterans Benefits Administration--Vocational
Rehabilitation Loans Program Account'', $10,000.
(3) ``Veterans Benefits Administration--Native American
Veteran Housing Loan Program Account'', $25,000.
(4) ``Veterans Health Administration--Medical and
Prosthetic Research'', $3,109,000.
(5) ``National Cemetery Administration'', $1,654,000.
(6) ``Departmental Administration--General
Administration'', $3,877,000.
(7) ``Departmental Administration--Board of Veterans
Appeals'', $786,000.
(8) ``Departmental Administration--General Operating
Expenses, Veterans Benefits Administration'', $36,568,000.
(9) ``Departmental Administration--Information Technology
Systems'', $7,958,000.
(10) ``Departmental Administration--Office of Inspector
General'', $993,000.
Amendment Offered by Mr. Benishek
Mr. BENISHEK. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 58, after line 25, insert the following:
Sec. 242. Not later than 90 days after the date of
enactment of this Act, the Secretary of Veterans Affairs
shall submit to Congress a report that describes the status,
including the timeline for completion, of each Community-
Based Outpatient Clinic to be established by the Department
of Veterans Affairs, through construction or lease, that is
not yet completed.
Mr. DENT. Mr. Chair, I reserve a point of order on the gentleman's
amendment.
[[Page H2600]]
The Acting CHAIR. A point of order is reserved.
Pursuant to House Resolution 223, the gentleman from Michigan and a
Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Michigan.
Mr. BENISHEK. Mr. Chairman, I rise in support of my amendment to have
the Secretary of the VA report to Congress on the status of VA clinics
currently in the leasing or construction process.
Our rural veterans deserve access to quality care without having to
drive hundreds of miles. In many areas, like in northern Michigan, VA
clinics can serve an important role in providing care to veterans in
their communities. However, no one is served when the VA takes many
years to approve and complete these projects.
In Traverse City, Michigan, an expansion for the VA clinic was
approved and funded by Congress in 2013. After I sent letters to the
Secretary asking for an explanation, the program was finally approved
by the VA in August of 2014. To this day, the VA has yet to make
measurable progress on this facility, and they have told me that it
could be as many as 6 more years before this facility is completed.
Our veterans deserve to know how many facilities are facing similar
delays. As we work to enforce some accountability at the VA, we can't
ignore our rural veterans that rely on VA clinics. The VA must be held
accountable for these delays, and I want to know who in the agency is
responsible.
My goal is for all veterans to have a choice in where they receive
care. We have taken an important step towards that with the Choice Act,
and I look forward to continuing to work to expand that program.
However, it is critical that we do not allow the VA to hold veterans
and taxpayers in limbo as critical, funded projects sit unfinished.
The money we provided in this bill is not for plush executive
salaries and full retirement benefits for those that manipulate data.
It is for our veterans. The VA must return to its focus, to its central
mission and remove bureaucratic hurdles that keep veterans from the
care they have earned.
I yield back the balance of my time.
Point of Order
Mr. DENT. Mr. Chairman, I make a point of order against the amendment
because it proposes to change existing law and constitutes legislation
in an appropriation bill and, therefore, violates clause 2 of rule XXI.
The rule states in pertinent part:
``An amendment to a general appropriation bill shall not be in order
if changing existing law.''
The amendment gives affirmative direction in effect.
I ask for a ruling from the Chair.
The Acting CHAIR. Does any other Member wish to be heard on the point
of order?
If not, the Chair is prepared to rule.
The Chair finds that this amendment imposes new duties on the
Secretary of Veterans Affairs.
The amendment, therefore, constitutes legislation in violation of
clause 2 of rule XXI.
The point of order is sustained, and the amendment is not in order.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the
acquisition of land or interest in land in foreign countries;
purchases and repair of uniforms for caretakers of national
cemeteries and monuments outside of the United States and its
territories and possessions; rent of office and garage space
in foreign countries; purchase (one-for-one replacement basis
only) and hire of passenger motor vehicles; not to exceed
$7,500 for official reception and representation expenses;
and insurance of official motor vehicles in foreign
countries, when required by law of such countries,
$75,100,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes
authorized by section 2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
sections 7251 through 7299 of title 38, United States Code,
$32,141,000: Provided, That $2,500,000 shall be available for
the purpose of providing financial assistance as described,
and in accordance with the process and reporting procedures
set forth, under this heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, including the purchase or
lease of passenger motor vehicles for replacement on a one-
for-one basis only, and not to exceed $1,000 for official
reception and representation expenses, $70,800,000, of which
not to exceed $5,000,000 shall remain available until
September 30, 2017. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement,
to be derived from the ``Lease of Department of Defense Real
Property for Defense Agencies'' account.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$64,300,000, of which $1,000,000 shall remain available until
expended for construction and renovation of the physical
plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--
Gulfport, Mississippi.
Administrative Provisions
Sec. 301. Funds appropriated in this Act under the heading
``Department of Defense--Civil, Cemeterial Expenses, Army'',
may be provided to Arlington County, Virginia, for the
relocation of the federally owned water main at Arlington
National Cemetery, making additional land available for
ground burials.
Sec. 302. Amounts deposited during the current fiscal year
into the special account established under 10 U.S.C. 4727 are
appropriated and shall be available until expended to support
activities at the Army National Military Cemeteries.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $244,004,000 to remain available until
September 30, 2020, for projects outside of the United
States: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
{time} 1715
Amendment Offered by Mr. Mulvaney
Mr. MULVANEY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Strike title IV.
Mr. DENT. Mr. Chair, I reserve a point of order on the gentleman's
amendment.
The Acting CHAIR. A point of order is reserved.
Pursuant to House Resolution 223, the gentleman from South Carolina
and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from South Carolina.
Mr. MULVANEY. Mr. Chairman, I want to read something at the beginning
of this:
``Abuse of the overseas contingency operation global war on terror
cap adjustment is a backdoor loophole that undermines the integrity of
the budget process.''
It goes on to say that the Budget Committee will oppose increases
above the levels the administration and our military commanders say are
needed to carry out operations unless it can be clearly demonstrated
that such amounts are war related.
That is from last year's House-passed budget report. Last year, this
body took a position that we were not going to use the OCO budget, the
global war on terror budget, in order to get around the BCA caps.
The appropriations bill, as currently offered, does exactly that. It
spends about $532 million in the OCO budget for matters that the
Department of Defense admits are not war related. These
[[Page H2601]]
are matters that the Department of Defense included in its original
base defense budget request, but for which there wasn't enough money
under the BCA caps.
So what the appropriators have done is taken those requests which are
admittedly not war related and buried it in this appropriations bill,
using the OCO money in order to violate the caps.
By the way, the money goes to overseas bases, bases in Italy, Poland,
Bahrain, Niger, Djibouti, and Oman, admitted by the Defense Department
not to be war related, yet is in the war budget today.
All I ask, Mr. Chairman, is this: If we agree as a body that we
cannot live within the BCA caps and we agree that the defense of the
Nation takes more money than is permitted under the BCA caps, then
let's break the caps. But let's do it honestly, let's do it openly, and
let's tell the people here why we have to do it and where the money is
going.
The OCO budget has been described by members of both the Democrat
Party and the Republican Party alike as a slush fund, as a bad way to
do business. The Defense Department doesn't even like using this type
of money because it does not allow them to budget properly. It is a
desperate act, and it is a dishonest act when it comes to following the
law.
The Budget Control Act is the law of the land. It passed in the
House, it passed in the Senate, and it was signed by the President. And
this appropriations bill seeks to break the law and seeks to do it in
such a way that isn't even honest about how it is going forward.
So with that, Mr. Chairman, I respectfully request that folks would
support the Mulvaney-Van Hollen amendment and strike the OCO-GWOT money
from this particular appropriations bill.
With that, Mr. Chairman, I reserve the balance of my time.
point of order
Mr. DENT. Mr. Chairman, I make a point of order against the amendment
because it proposes to amend portions of the bill not yet read.
Section 17 of chapter 2 of the House Practice book states in part:
``It is not in order to strike or otherwise amend portions of a bill
not yet read for amendment.''
I ask for a ruling from the Chair.
The Acting CHAIR. Does any other Member wish to be heard on the point
of order?
Mr. MULVANEY. Mr. Chairman, my understanding is that this amendment
seeks to strike title IV on page 62, which is exactly where we are when
I was called to the podium.
The Acting CHAIR. Does any other Member wish to be heard?
Mr. VAN HOLLEN. Mr. Chair, I wish to be heard.
The Acting CHAIR. The gentleman from Maryland is recognized.
Mr. VAN HOLLEN. My understanding of this is it strikes the provision
and, therefore, meets the requirements. After all, this is the first
bill we are debating since the budget was passed. The budget opens the
door wide to this accounting scam that Republicans on the Budget
Committee just last year said was a gross runaround of the budget
rules.
I want to read, Mr. Chairman, from the report from the Budget
Committee last year that said that abuse of the OCO cap adjustment is a
backdoor loophole that undermines the integrity of the budget process.
The Acting CHAIR. The gentleman must confine his remarks to the point
of order.
Mr. VAN HOLLEN. Well, Mr. Chairman, I want to point out that the
Budget Committee itself has indicated that this violates the budget
process.
The Acting CHAIR. The gentleman from Maryland must confine his
remarks to the point of order.
Mr. VAN HOLLEN. So it is hard to understand how this could be a
violation of the point of order if the Budget Committee says that what
we are doing violates the budget process or undermines the budget
process.
The Acting CHAIR. Does any other Member wish to be heard on the point
of order?
Parliamentary Inquiry
Mr. MULVANEY. Mr. Chairman, I have a parliamentary inquiry as to the
point of order.
The Acting CHAIR. The gentleman may state his parliamentary inquiry.
Mr. MULVANEY. Is the point of order that we have not yet reached the
appropriate time for making this particular amendment?
The Acting CHAIR. The point of order has been stated. The Chair has
not yet ruled.
Mr. MULVANEY. Would the gentleman from Pennsylvania restate the
point?
Mr. DENT. The point of order is that we are not at the appropriate
point in the bill for this amendment to be considered.
Mr. MULVANEY. Mr. Chairman, my understanding is that we are on page
62. That is the page I think on which title IV is printed. My amendment
does nothing more than strikes all of title IV. So it seems like this
is wholly the appropriate time to deal with that particular amendment
and, in fact, may be out of order if I don't offer it right now.
The Acting CHAIR. The Chair is prepared to rule.
The amendment strikes title IV. Only the first paragraph of title IV
is pending.
It is not in order to amend portions of the bill not yet read for
amendment.
The point of order is sustained.
Parliamentary Inquiries
Mr. VAN HOLLEN. Mr. Chairman, parliamentary inquiry, just so I
understand the ruling.
The Acting CHAIR. The gentleman from Maryland may state his
parliamentary inquiry.
Mr. VAN HOLLEN. Mr. Chairman, as I understood the ruling, because the
amendment strikes all of this section, as opposed to the portion of the
section we are currently on, it is being ruled out of order. Is that
correct?
The Acting CHAIR. Only one paragraph is currently pending, and the
amendment sought to strike the entire title.
Mr. VAN HOLLEN. Parliamentary inquiry: Is there going to be a point
in time when that entire section is pending?
The Acting CHAIR. Only the first paragraph of title IV is pending.
Mr. VAN HOLLEN. Mr. Chairman, I understand that the meaning of ``is''
is ``is.'' I understand that we are on the first paragraph.
Parliamentary inquiry: Is there going to be a point in time when the
entire section is pending, such that this amendment would then be
considered in order since the amendment is to strike the entire
section?
The Acting CHAIR. The bill is being read paragraph by paragraph.
Mr. MULVANEY. Parliamentary inquiry, Mr. Chairman.
The Acting CHAIR. The gentleman may state his parliamentary inquiry.
Mr. MULVANEY. Is the ruling without prejudice as to my ability to
offer the amendment at a later time?
The Acting CHAIR. The paragraph that has been read is open for
amendment at this time.
Mr. MULVANEY. I respect that, Mr. Chairman. I don't believe that
responds to my parliamentary inquiry.
Is the Chair's ruling with or without prejudice as to my ability to
bring the same amendment at a later time?
The Acting CHAIR. The Chair cannot give an advisory opinion on a
future amendment.
Mr. MULVANEY. I respect that, Mr. Chairman. I am not asking the Chair
for an advisory opinion. I am asking the Chair to clarify the ruling
the Chair has already made. Is it with or without prejudice?
The Acting CHAIR. The Chair has ruled and is ready for other
business.
Mr. VAN HOLLEN. Mr. Chairman, I move to strike the pending paragraph.
The Acting CHAIR. Does the gentleman seek to offer an amendment?
Mr. VAN HOLLEN. I ask unanimous consent to offer an amendment at this
point in time to strike the pending paragraph.
Mr. DENT. I object.
The Acting CHAIR. If the gentleman would send his amendment to the
desk.
Parliamentary Inquiry
Mr. MULVANEY. Parliamentary inquiry, Mr. Chairman.
The Acting CHAIR. The gentleman may state his parliamentary inquiry.
Mr. MULVANEY. Again, I am new at this. I understand that we are sort
of working our way through this.
Here is my question: If this was the inappropriate time for me to
bring this amendment, why was I summoned to the podium?
[[Page H2602]]
The Acting CHAIR. The Chair was inquiring as to the purpose the
gentleman was seeking recognition.
Mr. MULVANEY. Further parliamentary inquiry, Mr. Chairman.
The Acting CHAIR. The gentleman may state his parliamentary inquiry.
Mr. MULVANEY. My amendment was read.
Amendment Offered by Mr. Van Hollen
Mr. VAN HOLLEN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Strike the pending paragraph.
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from Maryland and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Maryland.
Mr. VAN HOLLEN. Mr. Chairman, I am pleased to offer this amendment
with my colleague, Mr. Mulvaney. And now that we have gotten beyond the
sort of procedural objections, let's go to the substance of this.
This is the first appropriations bill that we have on the floor that
raises the question about the budgets that were passed in both the
House and the Senate. As I think our colleagues know well by this
point, both those budgets engage in an incredible accounting scam with
respect to how we fund the Department of Defense and how we fund our
military operations.
For years, we have distinguished between the moneys that we spend on
our ongoing defense programs, called the base budget, and the moneys
set aside in the war account, the so-called overseas contingency
account funds.
What has happened here is that the President, on the advice of the
Joint Chiefs of Staff and our military leadership, has requested the
amount that is necessary to address our overseas contingency
operations. But instead of abiding by that request and what was
necessary, the Republican budget does this end-run and ends up using
our overseas contingency account as a slush fund for funds that have
been in the base defense budget.
As I was indicating earlier, Mr. Chairman, this accounting scam, the
sleight of hand, was something that the Republican Budget Committee
just last year strongly objected to and indicated that it violated the
budget process.
I am going to read another portion of the Republican Budget Committee
report from last year on this issue where it says the Budget Committee
will exercise its oversight responsibilities with respect to the use of
the OCO, the overseas contingency account, designation in the budget
process, and it will oppose increases above the level the
administration and our military commanders say are necessary to carry
out operations. And then it goes on, because those are not war related.
So what this House is doing now is engaging in this incredible
sleight of hand, and it is only one big problem in the budget before
us, along with many other problems.
But on this point, I would like to now yield to the gentleman from
South Carolina (Mr. Mulvaney) if he would like to say a word on this
amendment.
Mr. MULVANEY. I thank the gentleman.
Mr. Chair, I will repeat what I said earlier on the amendment that
was ruled out of order. The BCA is the law. We agreed that it is. I
didn't vote for it. By the way, I didn't like it very much and was one
of the few of my party who did not vote for it. But it is the law
passed in the House, passed by the Senate, and signed by the President.
We can change it. We absolutely can change it if we want to. And if
that is the will of this body, then let's do it. But let's do it by
changing the Budget Control Act. Let's not go around the BCA. Let's not
use a back door. Let's not use a slush fund, something that is off-
budget.
I hope my friends in the private sector understand the severity of it
at this point. We have spending here that is off-budget that doesn't
count towards the budget. And if we can use it for this, what else can
we use it for? We are using it now for bases in Poland, Bahrain, Niger,
Djibouti, and Oman, specifically not war related; yet it is in the war
budget.
If we can use it for this, what is to stop us from using it for
anything? If the law is going to have any meaning, let's respect it.
And if we want to change it, let's change it. But let's be forthright
about it.
Bring a bill to the floor to change the Budget Control Act and make
the arguments for why we should do that. Let's not be disingenuous.
Let's not be deceptive. Let's not be mischievous with the budget.
If we really think it is necessary for the defense of this Nation to
spend $532 million on base improvements in these overseas countries,
then have folks come to the floor and tell us why. Let's not slip a
line into the MILCON-VA budget and just say, Well, everybody always
votes for VA anyway. Who can vote against the vets? Who can vote
against MILCON? Let's put it in there. Nobody will notice it.
That is how we get $18 trillion in debt.
Mr. Chairman, I support the amendment. In fact, I ask unanimous
consent to be added as a cosponsor of Mr. Van Hollen's amendment.
The Acting CHAIR. The amendment may not have cosponsors.
Mr. VAN HOLLEN. Mr. Chairman, I ask unanimous consent, since the
original amendment was offered by Mr. Mulvaney, to make this the
Mulvaney amendment.
The Acting CHAIR. The amendment may not have a cosponsor.
Mr. VAN HOLLEN. I am asking unanimous consent to make the main
sponsor Mr. Mulvaney.
The Acting CHAIR. The gentleman's request cannot be entertained.
Mr. VAN HOLLEN. Mr. Chairman, I am asking unanimous consent.
The Acting CHAIR. Is the gentleman seeking to withdraw the amendment?
Mr. VAN HOLLEN. I am willing to withdraw the amendment but only on
the understanding--parliamentary inquiry--if I withdraw it and
substitute the same amendment in the name of Mr. Mulvaney, can I do
that?
The Acting CHAIR. Any Member may offer an amendment.
Mr. VAN HOLLEN. Mr. Speaker, let's just keep it. This will be known
as the Van Hollen-Mulvaney amendment.
I thank the Chair.
The Acting CHAIR. The gentleman's time has expired.
{time} 1730
Mr. DENT. Mr. Chairman, I rise in opposition to the Van Hollen-
Mulvaney amendment.
The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. DENT. Mr. Chairman, I just want to say that there has been
precedent to use OCO money on similar projects for similar purposes in
previous years. Specifically, the Bahrain portion that is going to the
U.S. Navy, there is a pier replacement, ship maintenance support
facility. We used OCO funds in fiscal years '11, '12, and '13 for
similar purposes then.
I should also note, too, that if we were to strike the OCO funding
from this bill, the missile defense in Poland, the Aegis missile
defense complex, would also be affected. Again, we had used OCO money
for similar purposes in fiscal year '15.
I would argue that there is precedent for using OCO funds for the
purposes contained in this bill. It is appropriate. I do not agree with
the characterization that it is a scam, but it is used as precedent.
I would urge rejection of this amendment, and I yield back the
balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Maryland (Mr. Van Hollen).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. VAN HOLLEN. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Maryland
will be postponed.
Mr. MULVANEY. I have an amendment at the desk to strike the second
paragraph of title IV.
The Acting CHAIR. The reading will first progress to that next
paragraph.
The Clerk will read the next paragraph.
The Clerk read as follows:
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'' $75,000,000 to remain available until September 30,
2020, for
[[Page H2603]]
projects outside of the United States: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
215(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
amendment offered by mr. mulvaney
Mr. MULVANEY. Mr. Chairman, I have an amendment at the desk. I am
moving to strike the second paragraph of title IV.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Strike pg. 62, line 15-22.
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from South Carolina and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from South Carolina.
Mr. MULVANEY. Mr. Chairman, unless Mr. Van Hollen has anything to
add, I believe the same arguments that we just made on his previous
amendment stand for this one, and I reserve the balance of my time.
The Acting CHAIR. Does any Member seek time in opposition?
Mr. DENT. Mr. Chairman, I rise in opposition to the amendment, and I
reserve the balance of my time.
Mr. MULVANEY. Mr. Chairman, I yield to the gentleman from Maryland
(Mr. Van Hollen).
Mr. VAN HOLLEN. Mr. Chairman, I would just observe, in response to
the distinguished gentleman from Pennsylvania on the Appropriations
Committee, that our military leadership has said that the funds that
are requested for this purpose under OCO are not OCO funds, that they
are not war-related funds. That is coming from the Department of
Defense. That is coming from the folks who put together the budgets for
the Department of Defense.
So to just claim that somehow these expenditures, which have been
described by Mr. Mulvaney, are now somehow part of the war effort as
opposed to the ongoing defense budget is to say to the military
leadership that they don't understand how their budgets work. I think
they do understand how their budgets work. We are trying to make sure
that we protect the integrity of the process so that people can't be
using the war account as a slush fund, which is exactly what this
measure does.
Mr. MULVANEY. Mr. Chair, I reserve the balance of my time.
Mr. DENT. Mr. Chairman, I oppose this amendment. This amendment
essentially would strike the OCO funds that would be provided to the
Air Force, specifically in Oman for the airlift apron. I want to point
out that the President of the United States requested funding for this
same project under OCO in fiscal year 2011 for the airlift ramp. I am
looking at the map actually of the work. It is on the same site.
What I am saying is OCO has been used for this at the request of the
President in fiscal year '11. We are talking about using it on the same
site for the same purpose. So, again, I would argue that the airlift
apron in Oman is part of a facility that is very much part of our
counterterrorism operations in that part of the world.
So again, I would urge rejection of this amendment.
I reserve the balance of my time.
Mr. MULVANEY. Mr. Chairman, I yield back the balance of my time.
Mr. DENT. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from South Carolina (Mr. Mulvaney).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. MULVANEY. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from South
Carolina will be postponed.
The Clerk will read.
The Clerk read as follows:
Military Construction, Defense-Wide
For an additional amount for ``Military Construction,
Defense-Wide'', $212,996,000 to remain available until
September 30, 2020, for projects outside of the United
States: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Amendment Offered by Mr. Mulvaney
Mr. MULVANEY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Strike p. 62 line 23 thru page 63 line 6.
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from South Carolina and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from South Carolina.
Mr. MULVANEY. Mr. Chairman, I reserve the balance of my time.
Mr. DENT. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. DENT. Mr. Chairman, as I understand this amendment, this would
essentially eliminate OCO funding for our operation in Djibouti where
we have infrastructure for fuel storage and distribution facilities.
Again, OCO funds were used for similar purposes in Djibouti in fiscal
years '12 and '13 through OCO, I believe at the request of the
President at the time. Again, Djibouti is a key facility for us
strategically and one that is being used in our fight in the global war
on terror. It is obviously very close to Somalia, a hotbed of Islamist
extremism, as well as close to Yemen, where there is so much hostile
action.
So, again, I would urge we reject this amendment because it will
negatively impact our ability to conduct the global war on terror at a
facility right in that part of the world. And again, where precedent
has been set, like in these other situations, precedent has been set
for using OCO funds. We are doing it again this year, and I think it is
appropriate.
I urge rejection of the amendment, and I reserve the balance of my
time.
Mr. MULVANEY. Mr. Chairman, I would like to read a portion of the
language we are seeking to strike. It says: ``For an additional amount
for `Military Construction Defense-Wide', $212,996,000 to remain
available until September 30, 2020.''
So not only are we looking to spend the money today, we are looking
to have the right to spend this money whenever we want over the next 5
years. I don't know of any other part of the budget where we do that.
If this is not a slush fund, Mr. Chairman, I don't know what it is.
It was set up by a previous administration--an administration, by the
way, of my party--and has been decried by Members of my party as being
a slush fund. In fact, I think John McCain called it a slush fund, for
goodness' sake. I believe Senator Corker called it the same thing. This
is one of the reasons. We have no idea why we are spending this money.
It is available until 2020.
This is a great opportunity, Mr. Chairman, to say no. The money in
the overseas contingency operation is there to support the troops who
are overseas fighting a war. It is there to fight the global war on
terror. It is not there for a slush fund for whatever bases we happen
to think are convenient at the time and for which we can't find enough
money under the base budget for that.
I hope we support not only Mr. Van Hollen's first amendment, but my
two subsequent amendments.
I yield back the balance of my time.
Mr. DENT. Mr. Chairman, I would just like to respond to my friend
from South Carolina. I do understand how construction is done.
I do want to point out that many of these projects are not all funded
in one single fiscal year, but over a period of years, both
domestically and internationally, as is the case here.
So, again, I would rise in opposition to the amendment and urge its
rejection.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from South Carolina (Mr. Mulvaney).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. MULVANEY. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from South
Carolina will be postponed.
[[Page H2604]]
The Acting CHAIR. The Clerk will read.
The Clerk read the following:
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. None of the funds made available in this Act may
be used for any program, project, or activity, when it is
made known to the Federal entity or official to which the
funds are made available that the program, project, or
activity is not in compliance with any Federal law relating
to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 503. All departments and agencies funded under this
Act are encouraged, within the limits of the existing
statutory authorities and funding, to expand their use of
``E-Commerce'' technologies and procedures in the conduct of
their business practices and public service activities.
Sec. 504. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction and Veterans Affairs,
and Related Agencies of the Committee on Appropriations of
the House of Representatives and the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of
the Committee on Appropriations of the Senate.
Sec. 505. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government except pursuant to a transfer
made by, or transfer authority provided in, this or any other
appropriations Act.
Sec. 506. None of the funds made available in this Act may
be used for a project or program named for an individual
serving as a Member, Delegate, or Resident Commissioner of
the United States House of Representatives.
Sec. 507. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 508. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 509. None of the funds made available in this Act may
be used by an agency of the executive branch to pay for
first-class travel by an employee of the agency in
contravention of sections 301-10.122 through 301-10.124 of
title 41, Code of Federal Regulations.
Sec. 510. None of the funds made available in this Act may
be used to execute a contract for goods or services,
including construction services, where the contractor has not
complied with Executive Order No. 12989.
Sec. 511. None of the funds made available by this Act may
be used by the Department of Defense or the Department of
Veterans Affairs to lease or purchase new light duty vehicles
for any executive fleet, or for an agency's fleet inventory,
except in accordance with Presidential Memorandum--Federal
Fleet Performance, dated May 24, 2011.
Sec. 512. (a) In General.--None of the funds appropriated
or otherwise made available to the Department of Defense in
this Act may be used to construct, renovate, or expand any
facility in the United States, its territories, or
possessions to house any individual detained at United States
Naval Station, Guantanamo Bay, Cuba, for the purposes of
detention or imprisonment in the custody or under the control
of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
amendment offered by mr. nadler
Mr. NADLER. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Strike section 512.
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from New York and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from New York.
Mr. NADLER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this amendment would strike section 512 of the bill,
which prohibits the use of funds to construct or expand any facility in
the United States to house any individual detained at the detention
facility at Guantanamo Bay, Cuba.
{time} 1745
Simply put, this section is designed to prevent the closure of
Guantanamo.
Mr. Chairman, we are still holding 122 people at Guantanamo, 57 of
whom have been cleared for release. These people have been found guilty
of nothing, are believed to be guilty of nothing, and have been judged
not to pose any danger. Nonetheless, they are not released. By what
claim of right do we continue to imprison them?
As for the detainees who have not been cleared for release, this bill
is designed to ensure that we will continue to hold them at Guantanamo
indefinitely. We don't know whether these people are enemy soldiers or
not or are guilty of anything or not. Some of them may be, and some of
them probably are not. Those facts must be determined in a fair
proceeding of some sort, but, at Guantanamo, there are no proceedings.
The military tribunal process at Guantanamo has been at a complete
standstill for years, and we cannot hold civilian trials at Guantanamo,
so we are holding people for no purpose with no proceedings, no
hearings, no opportunity to determine their guilt or innocence, and we
are holding them, essentially, forever.
I recall a briefing last year at which Representative and now-Senator
Cotton said that these people had been determined to be guilty by
Congress. Aside from the fact that Congress has not determined anybody
to be guilty and aside from the fact, if Congress tried to determine
someone to be guilty of a crime or of anything, that it would be a
violation of the bill of attainder section of the Congress, it is
simply not true. These people have been determined to be guilty of
nothing, and they deserve, like anybody else, to have a day in court.
How long will we let this shameful episode in American history
continue?
To overcome this challenge to one of the founding principles of the
United States, which is that no person may be deprived of liberty
without due process of law and, certainly, may not be deprived of
liberty indefinitely without due process of law, we must close the
detention facility at Guantanamo now so that they can be properly
charged and tried in a Federal court. This will afford the detainees no
additional constitutional rights. The Supreme Court has already ruled
that detainees at Guantanamo have the same constitutional rights as
they would if they were to be brought to the United States.
The government should transfer to Federal court any detainee against
whom it has evidence. The Federal courts, in contrast to the military
tribunals, have an excellent record in prosecuting and convicting
terrorists. Anyone not charged should either be classified as a
``prisoner of war'' and treated as such or should be released back to
his home country or elsewhere if that prevents a problem to his life or
safety. This is not a radical suggestion. It has been our tradition for
the entire history of our country and has been our unbroken legal
practice until now.
The President can and should without delay authorize the Secretary of
Defense to use existing certification and waiver procedures to
repatriate and resettle abroad all prisoners who have been cleared for
release, and he should arrange trial in the United States for all
prisoners who are not cleared for release.
We must close this facility. We must try and convict and sentence the
people who are guilty of acts of terrorism or aggression against the
United States or, in accord with our moral and constitutional
principles, release those who are not guilty of offenses against the
United States. Only so can we restore our national honor. This
amendment is necessary to start this process
[[Page H2605]]
because without our bringing some of these prisoners to the United
States for trial, we cannot try them. I urge all of my colleagues to
support this amendment.
I reserve the balance of my time.
Mr. DENT. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. DENT. Mr. Chairman, section 512 has been included in the MILCON-
VA bill for several years, and it is part of the overall policy
discussion involving Guantanamo Bay. Identical language is also carried
in the 2015 appropriations bill. Again, I respectfully request that the
we reject this amendment.
I would also add that, at Guantanamo Bay, we have about 120 prisoners
there. Among those who are at that facility are Khalid Sheikh Mohammed,
the mastermind of the 9/11 attacks. I believe he is the man who also
confessed that he decapitated Dan Pearl, the Wall Street Journal
reporter. He was gruesomely executed by Khalid Sheikh Mohammed. He is a
high-value detainee, and there are other high-value detainees there.
Many of the prisoners down in Guantanamo are Yemeni, but we certainly
can't send them back to Yemen. It is also clear to me that many of
these prisoners are very difficult to try and too dangerous to release,
so I urge opposition to this amendment.
I reserve the balance of my time.
Mr. NADLER. Mr. Chairman, I note in his opposing this amendment that
the gentleman simply said it is part of a larger policy discussion
about Guantanamo. He is correct. He said that there is identical
language in other bills. He is correct. He said that we should remove
that language from the other bills, and he points out that Khalid
Sheikh Mohammed and other high-value prisoners are at Guantanamo. He is
correct.
We are to bring them to the United States. We are to try them and
convict them and either sentence them to death or to life in prison
without parole or whatever. That is our tradition. We don't simply
declare someone is a bad guy and hold him forever without a trial. Our
Federal courts in the United States have an excellent record of trying
and convicting people accused of terrorism. In the military tribunals
at Guantanamo, they can't even run a trial. It has come to a complete
standstill.
It is really missing the point to say that there are some very bad
people at Guantanamo. Yes, there are. There are also some perfectly
innocent people at Guantanamo. Those people ought to be released. The
people who we think are guilty of something should be charged and
tried. To simply say that someone is not going to be charged and tried
but be held for life imprisonment without a trial is not what this
country is about.
I yield back the balance of my time.
Mr. BISHOP of Georgia. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. BISHOP of Georgia. Mr. Chairman, I rise in support of the
amendment.
I believe we need to set the conditions for the closure of the
detention facility at Guantanamo. It is in the United States national
security interests to do so. Guantanamo has become a rallying cry. It
serves as a recruitment tool for terrorists, and it increases the will
of our enemies to fight while decreasing the will of others to work
with America.
Part of the rationale for establishing Guantanamo in the first place
was the misplaced idea that the facility would be beyond the law--a
proposition rejected by the United States Supreme Court. As a result,
the continued operation of this facility creates the impression in the
eyes of our allies and our enemies alike that the United States
selectively observes the rule of law.
There is no reason that we should impose upon ourselves the legal and
moral problems arising from the prospect of indefinite detentions at
Guantanamo. Working through civil courts since 9/11, hundreds of
individuals have been convicted of terrorism or of terrorism-related
offenses and are now serving long sentences in Federal prison. Not one
has ever escaped custody.
For these reasons, I believe that the time is past due to take the
actions needed to initiate the closure of the detention facility at
Guantanamo.
I yield back the balance of my time.
Mr. DENT. Mr. Chairman, I would also like to remind the Members that
Bowe Bergdahl was exchanged for five detainees at GTMO who have been
sent elsewhere outside the United States and outside of Guantanamo. It
is hard to keep eyes on these folks who have been released in exchange
for Bowe Bergdahl, who has actually been charged with desertion.
I also want to remind Members that, a few years ago, former Mayor
Bloomberg of New York City agreed to allow certain detainees to be
brought back to New York City for trial. Then, apparently, the mayor
must have spoken to his police commissioner, who thought that that was
a really bad idea because it would have choked off much of southern
Manhattan, and it would have been extraordinarily expensive. It would
have been a mistake.
Again, I urge that we reject this amendment and maintain the facility
at Guantanamo Bay.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New York (Mr. Nadler).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. NADLER. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from New York
will be postponed.
The Clerk will read.
The Clerk read as follows:
spending reduction account
Sec. 513. The amount by which the applicable allocation of
new budget authority made by the Committee on Appropriations
of the House of Representatives under section 302(b) of the
Congressional Budget Act of 1974 exceeds the amount of
proposed new budget authority is $0.
Amendment Offered by Mr. Boustany
Mr. BOUSTANY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. (1) None of the funds made available by this Act
may be used to pay any bonus or monetary award under chapter
45 or 53 of title 5, United States Code, to an employee of
the Chief Business Office of the Department of Veterans
Affairs who is responsible for processing emergency medical
care claims until the percentage of emergency medical care
claims processed within 30 days reaches 90 percent.
(2) The Secretary of Veterans Affairs shall submit
quarterly data to Congress on the following:
(A) The total number of emergency medical claims and the
total number of billed charges for such claims.
(B) The total number of emergency medical claims and billed
charges for such claims pending for more than 30 days.
(C) The number of veterans with unpaid claims under
consideration in each Veterans Integrated Service Network.
(D) The percent of clean claims processed within 30 days.
Mr. DENT (during the reading). Mr. Chairman, I ask unanimous consent
to dispense with the reading of the amendment.
The Acting CHAIR. Is there objection to the request of the gentleman
from Pennsylvania?
There was no objection.
Mr. DENT. Mr. Chairman, I reserve a point of order on the gentleman's
amendment.
The Acting CHAIR. A point of order is reserved.
Pursuant to House Resolution 223, the gentleman from Louisiana and a
Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Louisiana.
Mr. BOUSTANY. Mr. Chairman, our veterans deserve better than long,
drawn-out claims processes that inhibit access to high-quality care.
This is just unacceptable.
Since the passage of last year's landmark VA reform legislation, the
VA has demonstrated disturbingly little progress on addressing the
emergency medical care claims processing backlog that is hurting our
veterans.
I requested data earlier this year on the VA's progress in fiscal
year 2015. I was shocked to find that, as of late March of this year,
only 14 percent of the claims originating from VISN 16, including my
home State of Louisiana, have been processed within 30 days.
[[Page H2606]]
That is abysmal. No employee at any business in Louisiana or anywhere
around this country would be given a bonus with such a poor success
rate.
Mr. Chairman, it is high time the VA starts demanding a higher
standard from its employees. My amendment is fairly simple. It prevents
this agency from granting bonuses to its emergency medical care claims
processing staff until the percentage of emergency medical care claims
processed within 30 days reaches 90 percent.
This is just unacceptable behavior. Time and time again, we have
asked the VA and have worked and legislated to get them to clean up
their act. Our veterans are suffering, and this is no way to treat
them. That is why I have offered this amendment.
Mr. Chairman, I understand the gentleman has a point of order raised
against the amendment because it violates the House rules of
legislating on an appropriations bill. I just feel compelled to speak
out because of the plight of our veterans, who are at the mercy of an
incompetent agency, and it has got to change.
I hope that all Members of this House on both sides of the aisle will
work so that we clean up this mess and treat our veterans the way they
should be treated because they have gone out and fought for us.
Mr. Chairman, with respect to my friend, the chairman of the
subcommittee, I ask unanimous consent to withdraw my amendment.
The Acting CHAIR. Is there objection to the request of the gentleman
from Louisiana?
There was no objection.
Amendment Offered by Ms. Jackson Lee
Ms. JACKSON LEE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. The amounts otherwise provided by this Act are
revised by reducing the amount made available for
``Department of Veterans Affairs--Departmental
Administration--Information Technology Services'' (and the
amount specified under such heading for operations and
maintenance), and by increasing the amount made available for
``Veterans Health Administration--Medical Services'', by
$2,000,000.
Ms. JACKSON LEE (during the reading). Mr. Chairman, I ask unanimous
consent that the amendment be considered as read.
The Acting CHAIR. Is there objection to the request of the
gentlewoman from Texas?
There was no objection.
The Acting CHAIR. Pursuant to House Resolution 223, the gentlewoman
from Texas and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from Texas.
Ms. JACKSON LEE. Mr. Chairman, my first task is to thank the ranking
member, Mr. Bishop, and the chairman of the subcommittee, Mr. Dent,
both of whom I have worked with, and I consider them champions of
veterans and champions of the legislation that we have before us in
terms of the needs that are there.
{time} 1800
However, there are many needs that should be addressed, Mr. Chairman.
I hold in my hand a list of veterans who have fallen upon hard times,
one in particular who has three grown daughters who are serving in the
military. She, herself, served in the Navy for 5 years, had a divorce,
and really needed to have housing assistance and medical care, but her
options were insufficient.
My amendment is a simple amendment to, again, remind us of the
importance of these individuals who still suffer. The Jackson Lee
amendment makes a modest but important improvement to the bill by
increasing the amount of funding for Supportive Services for Veteran
Families account by $2 million, offset by a reduction in the same
amount to the $4 billion allocated to the VA's information technology
systems.
Today in our country, there are approximately 107,000 veterans, male
and female, who are homeless on any given night, and perhaps twice as
many--200,000--experience homelessness at some point during the course
of the year.
All you need do, Mr. Chairman, is go home to your district and be
able to engage with your veterans associations and your own
constituents, and you will find that they will come up to you because
they are homeless.
The VA Supportive Services for Veteran Families Program helps
veterans and their families who may have fallen on hard times or hit a
rough patch in life and need help from the country they selflessly
risked their life to defend.
The veterans don't have to remind us that we owe them an obligation
of support. They don't have to say it. We know that. When they put on
the uniform, they ask no questions; they are selfless.
The SSVF program ensures that eligible veteran families receive the
outreach, case management, and assistance in obtaining veterans and
other benefits. Many are suffering from PTSD or traumatic brain injury.
They have lived, and we are grateful for it. Many Vietnam vets are just
being diagnosed. This program is crucial to helping them get an extra
step in life.
I would ask my colleagues to be reminded of the kinds of veterans
whom we see every day who are willing to put on that uniform and
sacrifice without asking one single question. I ask my colleagues to
support the Jackson Lee amendment.
Mr. Chair, the Jackson Lee amendment will enable this vital program
to serve more veteran families in need of help by providing a bit more
funding for grants to provide nonprofit private organizations and
consumer cooperatives the ability to provide supportive services.
The main point is that there is a need, and I would only say that we
need to follow the words of a veteran who said, after getting services,
``I have a home, and I enjoy being inside.''
Let's give more of our veterans and veteran families that very
important quote, ``I have a home, and I enjoy being inside.''
I ask my colleagues to support the Jackson Lee amendment.
I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Chair, before I begin, let me express my
appreciation and thanks to my good friends, Chairman Dent and Ranking
Member Bishop, for their hard and constructive work in shepherding this
legislation to the floor.
Chairman Dent and I worked together constructively for many years on
the Homeland Security Committee and has always distinguished himself as
one of the most bipartisan members of the House.
And Ranking Member Bishop has for years been one of the ablest
Members of this body; I thank them both for commitment to the important
work of ensuring that our veterans receive the care and support they
have earned from a grateful nation.
The Jackson Lee Amendment makes a modest but important improvement to
the bill by increasing the amount of funding for the ``Supportive
Services for Veterans' Families'' account by $2 million, offset by a
reduction of the same amount to the $4 billion allocated to the VA's
``Information Technology Systems'' account.
Today, in our country, there are approximately 107,000 veterans (male
and female) who are homeless on any given night.
And perhaps twice as many (200,000) experience homelessness at some
point during the course of a year.
The VA's ``Supportive Services for Veterans' Families'' Program helps
veterans, and their families, who may have fallen on hard times or hit
a rough patch in life and need a little help from the country they
selflessly risked their life to defend.
The Jackson Lee Amendment will enable this vital program to serve
more veterans' families in need of help by providing a bit more funding
for grants to private non-profit organizations and consumer
cooperatives that provide supportive services to very low-income
veteran families living in or transitioning to permanent housing.
The SSVF Program ensures that eligible veteran families receive the
outreach, case management, and assistance in obtaining VA and other
benefits.
These services may include health care, daily living, legal services,
fiduciary and payee services, personal financial planning, child care,
transportation, housing counseling.
The SSVF Program enables VA staff and local homeless service
providers to work together to effectively address the unique challenges
that make it difficult for some veterans and their families to remain
stably housed.
Many homeless veterans, including in my own state of Texas, lack
housing because they lost their job or could no longer afford rent;
many suffer from an untreated mental illness that keeps them from
working.
Every day the SSVF program makes a real difference in the lives of
real people.
[[Page H2607]]
Veterans like the Air Force veteran who, hoping to utilize the skills
he learned in the service, instead bounced from job to job after being
discharged and found himself sleeping at night on the cold cement under
a bridge in Chicago.
Through the Thresholds Veterans Project, funded through the SSVF,
this hero received steady community service support and eventually was
placed in his own studio apartment.
He now says, in his own words: I have a home. I enjoy bein' inside.''
Veterans like the one in Texas who because he lost his job at a
manufacturing plant and was unable to pay the bills, was forced to seek
shelter for himself and his family at a homeless shelter.
Fortunately, the homeless shelter was a SSVF grantee and was able to
assist the veteran obtain employment and his family in securing
affordable low-cost housing.
There are thousands of similar success stories made possible by the
SSVF Program that I could share but all of them share a common theme:
they involve veterans who served their country proudly, fell down on
their luck, picked themselves back up, and found affordable and
sustainable housing for their families because of the assistance and
support made possible by the SSVF program.
Ensuring that veterans have a place of their own to call home is the
very least we can do.
I urge my colleagues to support the Jackson Lee Amendment and commit
ourselves to the hard but necessary work of ending veteran homelessness
in America.
I urge my colleagues to support the Jackson Lee Amendment.
The Acting CHAIR (Mr. Rodney Davis of Illinois). The question is on
the amendment offered by the gentlewoman from Texas (Ms. Jackson Lee).
The amendment was agreed to.
Amendment Offered by Mr. Jolly
Mr. JOLLY. I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may
be used to carry out the closure or transfer of the United
States Naval Station, Guantanamo Bay, Cuba.
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from Florida and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Florida.
Mr. JOLLY. Mr. Chairman, I yield myself such time as I may consume.
This is a very simple measure. It simply prohibits the
relinquishment, the closure, or the transfer of Naval Station
Guantanamo Bay out of the possession of the United States.
In 1903, as a result of the Cuban-American treaty, the United States
began to occupy Naval Station Guantanamo Bay for at least as long as
necessary or in perpetuity for naval operations. The treaty stated that
the U.S. shall exercise complete jurisdiction and control of the base,
while also recognizing the sovereignty of Cuba.
Today, Naval Station Guantanamo is a front line for our regional
security in the Caribbean. It supports our Navy logistical work; drug
interdiction; DHS migrant operations; and, importantly, disaster and
humanitarian relief, including responding to the 1980s and 1990s mass
migration, as well as the 2010 Haiti earthquake response.
Very importantly is what this measure does not do. This measure does
not touch the detention facility and the politics of the detention
facility. This focuses solely on the national security implications of
maintaining the Navy station 90 miles off the shores of Florida.
Importantly, it is an issue that has been brought right now as a result
of the President's decision to begin to normalize relations with Cuba.
Also, importantly, this doesn't take a position on normalizing
relations with Cuba. In fact, you could make the argument that
normalizing relations with Cuba actually enhances and improves and
increases our national security because it allows us additional
operational units and boots on the ground at our Navy station there,
engaging with the locals, improving our intelligence, improving our
ability to respond.
The moment the President began to offer normalized relations, the
Castro regime demanded the return of Guantanamo. This is a matter of
our national security to maintain it. You need not make this political.
Simply look at the advice and opinions of the previous three
commanders of U.S. Southern Command. Current General John Kelly has
called GTMO indispensable to the Departments of Defense, Homeland
Security, and State.
The commander before him, Admiral Stavridis, said it is of immense
strategic value. Prior to him, General Douglas Fraser, contemplating
the eventual closure of the detention facility said, even absent a
detention facility, the strategic capability provided by U.S. Naval
Station Guantanamo Bay remains essential for executing the national
priorities of the United States.
Mr. Speaker, this is a matter of national security. We have a process
for realigning and closing naval facilities. This legislation simply
says, for purposes of national security, this amendment prohibits any
transfer or closure of Naval Station Guantanamo.
I reserve the balance of my time.
Mr. BISHOP of Georgia. I claim the time in opposition, but I am not
opposed to the gentleman's amendment.
The Acting CHAIR. Without objection, the gentleman is recognized for
5 minutes.
There was no objection.
Mr. BISHOP of Georgia. Mr. Chairman, I think sometimes people get
confused about the role of Guantanamo Bay naval facility's mission.
There is a joint task force on detainee operations, and there is the
actual facility.
No one has ever floated the idea of closing the base and giving it
back to Cuba, so when the detainee mission ends, which it will, we will
still need to have this facility. It is the southernmost military
facility of the Department.
I don't support detainee operations, but I do support the regular
mission of the Guantanamo Bay naval facility, and therefore, I will not
oppose the gentleman's amendment.
I reserve the balance of my time.
Mr. JOLLY. Mr. Chairman, I yield the time I have remaining to the
gentleman from Pennsylvania (Mr. Dent), the chairman of the
subcommittee.
Mr. DENT. Mr. Chairman, I just wanted to state, too, that the
underlying legislation does not include any funds to close the naval
station at Guantanamo Bay, a facility I have visited.
I also should point out, as the distinguished ranking member just
stated, Mr. Bishop, that the naval station is a key strategic location
for SOUTHCOM, and I would support the gentleman's amendment.
Mr. BISHOP of Georgia. Mr. Chair, I yield back the balance of my
time.
Mr. JOLLY. Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Florida (Mr. Jolly).
The amendment was agreed to.
Amendment Offered by Mr. Blumenauer
Mr. BLUMENAUER. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may
be used to implement, administer, or enforce Veterans Health
Administration directive 2011-004 (or directive of the same
substance) with respect to the prohibition on ``VA providers
from completing forms seeking recommendations or opinions
regarding a Veteran's participation in a State marijuana
program''.
Mr. DENT. Mr. Chair, I reserve a point of order on the gentleman's
amendment. I haven't seen the amendment yet.
The Acting CHAIR. A point of order is reserved.
Pursuant to House Resolution 223, the gentleman from Oregon and a
Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Oregon.
Mr. BLUMENAUER. I yield myself such time as I may consume.
Mr. Chair, 36 States and the District of Columbia have passed laws
that provide legal access to medical marijuana in some form, and over 1
million patients now use medical marijuana to treat conditions ranging
from seizures, anxiety, chronic pain, nausea associated with
chemotherapy, and post-traumatic stress at the recommendation of their
physician.
Over 213 million people reside in those jurisdictions; yet, according
to Directive 2011-004, the Department of Veterans Affairs prohibits its
medical
[[Page H2608]]
providers from completing forms brought by their patients seeking
recommendations or opinions regarding a veteran's participation in a
State medical marijuana program.
The amendment I am offering ensures that no funds made available to
the VA can be used to implement this prohibition. The amendment will
not encourage doctors or patients to recommend or use medical
marijuana. It would not authorize the possession or use of marijuana at
VA facilities.
It would simply free up VA providers to have an honest conversation
about treatment options and recommend medical marijuana in accordance
with State law if they think it is appropriate. It would not force
veterans to not work with their primary care provider.
I am joined in offering this bipartisan amendment by Congressman Heck
from Nevada, Congressman Rohrabacher, and a series of other Members,
some of whom you will hear from.
Over 20 percent of the 2.8 million American veterans who served in
Iraq and Afghanistan suffer from PTSD and depression. They should not
be forced outside the VA system to seek a simple recommendation about a
treatment that might help them manage these conditions.
I will say, while nobody has ever died from a marijuana overdose, we
are watching veterans have prescriptions for opiates who suffer from
PTSD, for example, more than others, and their suicide rate is high.
There is real danger in not being able to provide balanced treatment.
Our VA physicians should not be denied their First Amendment right to
have an honest conversation about options and offer a recommendation
they think could bring relief and well-being to a patient. Our veterans
should not be treated as second class citizens in the States that
permit medical marijuana.
I reserve the balance of my time.
Mr. DENT. Mr. Chairman, I withdraw my reservation of a point of
order.
The Acting CHAIR. The reservation of a point of order is withdrawn.
Mr. DENT. Mr. Chair, I claim the time in opposition to the amendment.
The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. DENT. Mr. Chairman, I do rise in opposition to my friend's
amendment. We had a similar debate in the full committee just last
week. The VA must comply with all Federal laws, including the
Controlled Substances Act.
This act designates schedule I drugs, such as marijuana, as having no
currently accepted medical use. There are criminal penalties associated
with the production, distribution, and possession of these drugs.
The standing VA policy does not deny veterans who participate in
State marijuana programs from also participating in VA substance abuse
or clinical programs. It simply prohibits VA clinicians from completing
forms for their participation in such State programs or for providing
or paying for marijuana authorized by a State program.
Veterans are able to participate in State programs. They just cannot
possess marijuana at VA facilities. Changing the VA directive does not
change the DEA's interpretation of Federal law on marijuana.
DEA has advised VA that its doctors cannot issue anything that could
be construed as a prescription or endorsement of medical marijuana, so
the amendment won't change the situation for veterans unless the VA
physicians are willing to risk prosecution.
At this point, again, I would have to urge opposition.
I reserve the balance of my time.
Mr. BISHOP of Georgia. I move to strike the last word.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. BISHOP of Georgia. Mr. Chairman, I support the amendment offered
by Mr. Blumenauer.
Just recently, in Georgia, Governor Deal signed legislation that
immediately legalized the use of medical marijuana to treat serious
medical conditions. Georgia became the 36th State, plus Washington,
D.C., to legalize marijuana extracts to treat diseases.
I believe that we should not limit the Veterans Health Administration
in providing optimal pain care for our veterans. If medical marijuana
is legal in the State, then the VA should be able to discuss that
treatment option and allow the veteran to make his or her own choice.
I believe that the VA's published policy guidance related to the use
of medical marijuana by veteran patients has become outdated. I believe
supporting a veteran's right to use alternative methods to deal with
pain is the right thing to do.
I support the amendment. I urge its adoption.
I yield to the gentleman from California (Mr. Farr).
{time} 1815
Mr. FARR. I thank the gentleman for yielding.
Mr. Chairman, I hope that you heard the amendment because it said
nothing about the doctor's ability to issue a prescription for use of
medical marijuana. This simply lifts a gag order.
Now, these doctors have taken an oath of office to do no harm. Their
ability is to talk to patients. They can tell patients that there is
medical marijuana available. They can also tell patients that you
shouldn't try it, you shouldn't use it.
What you want is just an honest dialogue. You want to give doctors
their professional capability to have a discussion with the veteran.
That is all this bill does.
Our veterans are living in a civilian community. In 33 States, this
is legal. When they walk in with admitted problems and they want
medical attention, the doctor cannot have a thorough discussion with
them.
That is all this amendment adds. It says, Let's let these doctors be
like the civilian doctors in the same offices in the same States, only
maybe those civilian doctors can issue prescriptions where the veteran
doctor can't.
Because of the reasons that the chairman talked about of how this
drug is listed, this is very limiting, so let's lift the gag order. We
owe it to our veterans to give them complete information when they ask
for it, even if it means discussing medical marijuana.
I ask for an ``aye'' vote.
Mr. BISHOP of Georgia. Mr. Chair, I yield to the gentlewoman from
California (Ms. Lee).
Ms. LEE. I thank the gentleman for yielding.
Mr. Chairman, I rise in very strong support of this bipartisan
amendment, which I am very proud to cosponsor with my colleagues.
This would finally put an end to the misguided VA policy that keeps
our veterans from receiving the medicine that they need. To date, 23
States, the District of Columbia, and Guam have passed legislation
allowing legal access to medical marijuana.
What is more, similar amendments saying that the Federal Government
should respect states' rights and the will of voters on this issue have
passed the House with bipartisan support.
This amendment represents the will of more than 70 percent of voters
who support patient access to medical marijuana and is supported across
party lines.
Veterans should have the benefit of being able to know what the
options are. So many of our veterans are suffering from PTSD and other
medical problems, and possibly, this would help in terms of relieving
their pain and providing for the quality of life that they so deserve.
This amendment would put an end to the policy that keeps our veterans
from receiving the medicine, counseling, and care they so deserve, and
I hope we have an ``aye'' vote on this.
Mr. BISHOP of Georgia. May I inquire of the chair how much time is
remaining?
The Acting CHAIR. The gentleman from Georgia has 1 minute remaining.
Mr. BISHOP of Georgia. I yield to the gentlewoman from Nevada (Ms.
Titus).
Ms. TITUS. I thank the gentleman for yielding.
I want to say, very simply, that we shortchange our veterans if we
don't give them the opportunity to have every possible medical
treatment that is out there.
We know that certain States have legalized medical marijuana. In
those States, our veterans deserve to have that as on option. To
shortchange them would just be unconscionable, and I urge a ``yes''
vote.
Mr. BISHOP of Georgia. Mr. Chairman, I yield back the balance of my
time.
[[Page H2609]]
Mr. BLUMENAUER. May I inquire as to how much time is remaining?
The Acting CHAIR. The gentleman from Oregon (Mr. Blumenauer) has 2\1/
2\ minutes remaining, and the gentleman from Pennsylvania (Mr. Dent)
has 3\1/2\ minutes remaining.
Mr. BLUMENAUER. I yield 1\1/2\ minutes to the gentleman from
California (Mr. Rohrabacher).
Mr. ROHRABACHER. Mr. Chairman, the question we are discussing is
simply whether Veterans Affairs physicians can recommend the use of
marijuana or not recommend the use of marijuana to their patients.
As Republicans, we supposedly believe in the doctor-patient
relationship, but apparently, some of my colleagues believe that that
relationship is not relevant when it comes to VA doctors and their
patients, the patients who happen to be our Nation's great heroes who
went off to defend us in war.
It is criminal that we send our men and women off to war, where their
minds and bodies are broken, and then deny them the ability to obtain a
medical recommendation from a legitimate VA doctor upon their return
home.
Why is it we have faith in the medical qualifications of Congress to
determine the best medical practices rather than those people who are
doctors in the Department of Veterans Affairs?
I would submit that perhaps marijuana is a better option for some
patients--and maybe not--but we should stop this heavy-handed, top-down
approach and allow the Department of Veterans Affairs physicians and
their patients to determine for themselves the best use and the best
treatment that they would be able to have.
Let's respect these people and their rights. I thought we Republicans
believed in the doctor-patient relationship. Either you do or you
don't. If you vote this down, you don't believe in the doctor-patient
relationship for our veterans, of all people.
Mr. DENT. Mr. Chairman, I understand my colleagues are very sincere
in their attempt. I am sympathetic to at least listening to the
arguments for medicinal marijuana, but this discussion must be driven
by the science.
I would love to hear from the National Institutes of Health, Food and
Drug Administration, and the medical community formally about their
views on this issue prior to us legislating on this matter.
At this time, I yield 2 minutes to the gentleman from Maryland, Dr.
Harris.
Mr. HARRIS. Mr. Chairman, as a veteran and a physician and someone
who has treated veterans, I appreciate the sacrifice our men and women
in uniform have made and our duty to give them the best possible care.
That means care based on real science, not promise, not hope, not
conjecture, not politics, not as part of an agenda, but real science.
The chairman says we should wait for good science and we should wait
to hear from the experts. We don't need to wait. We have heard. Dr.
Nora Volkow, the head of the National Institute on Drug Abuse at the
NIH, says medical marijuana, in the current state of medical knowledge,
is not a good idea.
There just isn't very good science behind what it works for and what
it doesn't; so I agree, when good science is in hand, let's give
doctors carte blanche to discuss that. That science isn't available.
Worse than that, Mr. Chairman, this bill does nothing to advance the
knowledge of science on this issue because it doesn't say we are going
to sign veterans up for research so they can help other veterans answer
the question of whether or not it helps.
It doesn't do anything like that. It doesn't make it easier for them
to enlist in research protocols to address the scientific questions.
Now, the chairman of the subcommittee asked, Well, we should hear from
the FDA; we should hear from DEA.
We hear from all of them. They say medical marijuana is not
scientifically based at this time. I have offered this to the Members,
but the author of the amendment and I have been to the NIH. He knows my
interest in getting to the bottom of what works and what doesn't.
At this point in time, we are not doing our veterans a service. We
could. If we asked to engage in more scientific research, we could do
them a service. If this amendment, in fact, encouraged in any way,
shape, or form further research on what works and what doesn't, we
could be doing them a service.
Sadly enough, Mr. Chairman, it doesn't; and that is why I oppose this
effort--not helping our veterans, but this specific effort.
Mr. DENT. Mr. Chairman, may I inquire as to how much time is
remaining?
The Acting CHAIR. The gentleman from Pennsylvania (Mr. Dent) has 1
minute remaining. The gentleman from Oregon (Mr. Blumenauer) has 1
minute remaining.
Mr. DENT. At this time, I yield the balance of my time to the
distinguished gentleman from Louisiana, Dr. Fleming.
Mr. FLEMING. I thank my friend, the chairman, for yielding.
As a practicing physician and a veteran myself, the way we approach
health care is not to just allow any healthcare provider to do whatever
he or she wants to do at the time. That is simply not the way health
care works.
Let's look specifically at the problem of PTSD, which is one of the
worst problems that we are dealing with today among veterans.
What have we found just in the last year? Smoking pot increases
psychotic episodes by a factor of two to four times normal. The
conversion to schizophrenia, a permanent mental disorder, is enhanced
by pot by a factor of two--double.
Why in the world would we give a drug that is addictive, that is
prohibited under schedule I, that is not accepted for any specific
mental disease or disorder and enhances psychosis and schizophrenia,
why are we going to give that to our veterans, especially those with
PTSD? That is just absolutely insane.
Mr. DENT. I yield back the balance of my time.
Mr. BLUMENAUER. First, it isn't just PTSD that medical marijuana is
used for. There is a whole host of other conditions that were
available.
Second, the marijuana medical train has left the station. A million
Americans have a legal right to use medical marijuana, and they do so.
You want to treat veterans differently.
Third, medical marijuana is nowhere near as addictive as what is
happening to our veterans right now. Veterans seen by agency doctors
are dying from prescription drug overdoses nearly twice the national
average.
Nobody dies from an overdose of marijuana; and the VA doctors
prescribe significantly more opiates, which are highly addictive, to
patients with PTSD and depression than other veterans, even though
those people suffering those conditions are more at risk of overdose
and suicide.
Get your facts straight. I am happy to do more research; I have work
coming forward, but, in the meantime, don't treat these veterans as
second class citizens.
If you want to be concerned, be concerned about the explosion of
addictive drugs that are being prescribed to people who we should be
giving more care.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Oregon (Mr. Blumenauer).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. BLUMENAUER. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Oregon will
be postponed.
Amendment No. 1 Offered by Mr. Babin
Mr. BABIN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may
be used to carry out the Appraised Value Offer program of the
Department of Veterans Affairs.
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from Texas and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Texas.
Mr. BABIN. Mr. Chairman, I rise to offer an amendment to terminate
the
[[Page H2610]]
VA's abused Appraised Value Offer Program so that these funds can be
used to better serve the needs of our Nation's veterans, rather than VA
bureaucrats.
The VA spent nearly $300,000 of taxpayer money to move a VA employee
140 miles, specifically from Washington, D.C., to Philadelphia. That is
$300,000 that could have been used to care for numerous deserving
veterans who have served this Nation in uniform, but instead was spent
to move someone 140 miles.
At the request of the House Veterans' Affairs Committee, the
Department of Veterans Affairs Office of Inspector General is
investigating this abuse, and here is what we have learned so far.
Under the VA's Appraised Value Offer Program, the VA paid more than
$80,000 to one of its government employees and $211,000 to a Federal
contractor that was tasked with selling that employee's home.
At a time when the VA is struggling to meet the medical needs of our
veterans, it is unconscionable that the VA would waste $300,000 in
taxpayer money to move someone 140 miles.
Unfortunately, this is just another disturbing example of the lack of
transparency and accountability at the VA. The folks at the VA are
already under scrutiny for their shocking failure to properly care for
veterans, and now, to spend $300,000 on this is absolutely abusive.
Clearly, the VA cannot be trusted to exercise common sense with this
program, and it is time to end it.
As a military veteran and a father of a decorated Navy SEAL, I am
deeply frustrated with the abuse and mismanagement at the VA. Our
veterans must be the VA's first priority, not its bureaucrats.
I would like to thank House Veterans' Affairs Committee Chairman Jeff
Miller for shedding light on this important issue and holding the VA
accountable for failing to put veterans first.
I urge my colleagues to support this amendment and to end this
outrageous abuse within the Department of Veterans Affairs.
{time} 1830
Mr. DENT. Will the gentleman yield?
Mr. BABIN. I yield to the gentleman from Pennsylvania.
Mr. DENT. I just wanted to state I do not object to the gentleman's
amendment. He raised the Philadelphia issue. I am very much aware of it
and certainly concerned about it, and I understand the purpose.
I also understand the purpose of the Appraised Value Offer Program,
when a valued employee would otherwise stand to lose thousands in the
sale of a house to move at the request of their employing agency. But
sometimes the cost of the program seems a little excessive, in my view.
In conference, we may need to tweak the language to make sure that we
aren't jeopardizing VA's efforts to move talented staff to areas where
they are needed. But as I said, I do not object to the amendment.
Mr. BABIN. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. Babin).
The amendment was agreed to.
Amendment Offered by Ms. Adams
Ms. ADAMS. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. (1) Subject to paragraphs (2) and (3), amounts
made available under the ``General Operating Expenses,
Veterans Benefits Administration'' account for fiscal year
2016 may be used by the Secretary of Veterans Affairs to
provide discretionary competitive grants for State and local
governments to establish or expand technology systems that
develop a coordinated network of private, public and
nonprofit services and resources to better serve veterans and
their family members. A State or local government awarded a
grant under this section shall work with an entity that has
experience working with comprehensive coordinated networks,
protects privacy of veterans and their families, ensures the
quality of providers, and has a metrics system to effectively
measure success of the network.
(2) Amounts used as described in paragraph (1) may not
result in a more than 10 percent aggregate decrease in the
total amount made available by this Act for the ``General
Operating Expenses, Veterans Benefits Administration''
account.
(3) Each grant made under paragraph (1) shall be subject to
the approval of the Committees on Appropriations of the House
of Representatives and the Senate.
Mr. DENT (during the reading). Mr. Chair, I reserve a point of order
on the gentlewoman's amendment.
The Acting CHAIR. A point of order is reserved.
The Clerk will read.
The Clerk continued to read.
Ms. ADAMS (during the reading). Mr. Chair, I ask unanimous consent
that we dispense with the reading.
The Acting CHAIR. Is there objection to the request of the
gentlewoman from North Carolina?
There was no objection.
The Acting CHAIR. Pursuant to House Resolution 223, the gentlewoman
from North Carolina and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from North Carolina.
Ms. ADAMS. Mr. Chairman, I want to thank Chairman Dent and Ranking
Member Bishop for allowing me to present my amendment.
Mr. Chair, I rise today to highlight the need for better access to
resources and services for our veterans and military families.
The U.S. Department of Veteran Affairs and other Federal agencies are
providing a vast array of services and resources that our heroes
deserve, but the Federal Government alone is not able to address every
challenge our servicemen and -women and their families are facing and
will face in years to come. Many community providers and local
governments are starting their own initiatives to assist veterans in
applying for benefits with VA and other organizations.
For those 37,000 veterans living in the 12th Congressional District
of North Carolina, it is important that community-based groups work
collaboratively with local, State, and Federal Government service
providers so that recipients know where all of these different benefits
and resources are and how to access them.
Additionally, we need to make sure we are holding service providers
accountable and that performance measures are in place.
My amendment encourages the VA to assist with establishing and
expanding technology systems at the local and State level to create a
more unified network of veteran services. These networks would include
private, public, and nonprofit partners who are qualified to serve
veterans and their families.
My amendment directs funding to a grant program that has not yet been
authorized by law, and will be subject to a point of order.
I look forward to working with the House Veterans' Affairs Committee
and with the Appropriations Committee to make this funding a reality
for our community providers in the future.
The veterans in my district, in Mecklenburg, Cabarrus, Rowan,
Davidson, Forsyth, and Guilford Counties, have noted that they have
difficulties finding and accessing the services that are available to
them and their families.
As more servicemen and -women come home from serving overseas,
Congress must support innovation and local solutions to providing
services for our Nation's veterans.
I thank the chairman and the ranking member for allowing me to
present my amendment.
Mr. Chairman, I ask unanimous consent to withdraw the amendment.
The Acting CHAIR. Is there objection to the request of the
gentlewoman from North Carolina?
There was no objection.
Amendment No. 2 Offered by Mr. Rothfus
Mr. ROTHFUS. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may
be used by the Secretary of Veterans Affairs to pay a
performance award under section 5384 of title 5, United
States Code.
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from Pennsylvania and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. ROTHFUS. Mr. Chairman, I rise today to stand with our Nation's
veterans and their families. We owe these
[[Page H2611]]
brave individuals and their loved ones a debt that can never be repaid.
When our Nation called, they answered. Our veterans served bravely in
theaters around the world, kept us safe, and helped to spread American
values and the freedoms that we hold dear.
Our veterans made unimaginable sacrifices to their health, to their
well-being, and to their families. They fulfilled their commitment to
our great Nation, and we must now uphold the commitments we made to
them. It is for that reason that I rise in strong support of the
Military Construction and Veterans Affairs Appropriations Act under
consideration today. It is also why this amendment is so important.
For the last 2 years, I have offered this amendment with the same
simple message: VA senior executives need to take responsibility, fix
the problems, and do their jobs. As public servants, these senior
executives have a solemn obligation to ensure that veterans receive the
respect, support, and care that they have earned.
But one only needs to take a quick survey of the tremendous
investigative work that Chairman Miller, Congressman Mike Coffman, and
the rest of my colleagues on the Veterans' Affairs Committee have been
doing to see that, despite our efforts to reform and improve the agency
culture at the VA, little to nothing has changed.
The VA is still failing veterans in Pennsylvania and across the
country. Veterans still have difficulty accessing care, claims and
appeals are still backlogged, whistleblowers are still being retaliated
against, and reckless, wasteful spending has reached new levels.
For example, in my home State of Pennsylvania, the inspector general
recently conducted an investigation at the Philadelphia regional office
after receiving numerous complaints that there was data manipulation
and that management was mistreating and retaliating against staff. The
IG confirmed a number of these allegations and found tens of thousands
of unanswered veteran inquiries.
Many of us are also familiar with the VA Hospital project in Aurora,
Colorado. Over a decade ago, veterans in Denver were promised a new
medical facility; yet, due to gross mismanagement, the project is well
behind schedule and is now going to cost taxpayers more than $1 billion
over budget.
To his credit, Secretary McDonald has publicly recognized many of his
Department's failings, has spoken of increased transparency and
accountability, and acknowledges that a wholesale culture change will
be necessary. But this transformation has not yet occurred, and
accountability is certainly still lacking.
To date, only a few of the senior executives who have been found
responsible for the misconduct at the VA have actually been terminated.
Some have been placed on extended paid leave, some reassigned, while
others have been promoted.
In fiscal year 2013, the VA shelled out some $2.8 million in bonuses
solely to its executives, an increase from the previous year, when the
agency paid out $2.3 million.
I have always maintained that taxpayer-funded bonuses to senior
executives of an organization with this sort of abysmal performance
record are ridiculous. These dollars would be better spent providing
our veterans with the first-rate service and care they rightly deserve.
That is why I am offering this amendment again this year, to direct
that none of the funds appropriated may be used to pay for senior
executive bonuses. The amendment was adopted the last 2 years and was
included in bills that passed out of this Chamber with wide bipartisan
support.
Congress certainly has an important role to play in reforming the VA.
We need to continue our oversight activities and pass the sorts of
reforms that are included in bills brought to the floor by Chairman
Miller and the Veterans' Affairs Committee. However, while we do that,
we also need to ensure that not a single dime is spent on paying
bonuses to senior executives until the problems at the VA are fixed.
I would like to thank Chairman Miller and Congressmen Fitzpatrick,
Kelly, Tipton, Crawford, and Huelskamp for their support.
I urge all of my other colleagues to stand with our Nation's veterans
and support increased transparency.
Mr. DENT. Will the gentleman yield?
Mr. ROTHFUS. I yield to the gentleman from Pennsylvania.
Mr. DENT. I just want to say I rise in support of the amendment.
A number of Members have offered amendments relating to the VA
performance bonus awards. The gentleman's amendment is the most
comprehensive, and I would encourage other Members to join with Mr.
Rothfus rather than offer their own amendments.
We have all certainly been outraged by the behavior of some VA
employees and the consequences for veterans' health and well-being
resulting from incompetence, deceit, and deception. A ban on all senior
executive service performance bonuses is a needed wake-up call to the
VA bureaucracy which, as we have seen, needs to change its culture to
ensure veterans' needs are their top priority.
I support the amendment.
Mr. ROTHFUS. I thank the chairman.
I yield my remaining time to the gentleman from Arkansas (Mr.
Crawford).
Mr. CRAWFORD. I will make it quick, Mr. Chairman.
I rise in support of this amendment. Just last year, the House voted
unanimously to strip out funding for bonuses to Senior Executive
Service employees at the VA because we were appalled by the heinous
treatment of our veterans. And even though I opposed the legislation,
later, both Chambers voted to reinstate many of these bonuses. Some of
these executives are the very people who contributed to the plight of
our VA hospitals.
We can't allow this negligent behavior to continue to impact the care
of those who sacrificed so much on behalf of our Nation's security. In
fact, no award should be reinstated until significant improvements are
made toward transparency.
I want to make this point. In my home State of Arkansas, $8 million
of Federal funds were used to build solar panels in a VA parking lot.
But those panels have sat unplugged and inoperable for years, and now
some of the panels are being torn down in order to make room for a
parking garage that they knew in advance was coming, and yet they spent
that money recklessly on another project. This is exactly the type of
poor planning and behavior that shouldn't be rewarded, even though it
has been.
This amendment makes sure that no Federal funds in the MILCON-VA
Appropriations Act are used to pay performance awards to VA senior
officials. I encourage its passage.
The Acting CHAIR. The time of the gentleman has expired.
Mr. BISHOP of Georgia. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. BISHOP of Georgia. Mr. Chairman, we are all outraged with regard
to the claims backlog and the incidences of poor quality health
services and safety. The current claims backlog is unacceptable.
There is no question that the VA has struggled to successfully
deliver one of its key missions: to provide timely ratings of
disabilities. However, the VA has reduced the backlog by 44 percent.
Should we ignore that?
It is also clear that some VA health facilities have had serious
issues that put the health, safety, and well-being of our veterans at
risk. This, too, is unacceptable. Where these failures have occurred,
it is hard to imagine how VA leaders of these facilities could have
received high performance ratings and substantial bonuses.
However, this amendment will not provide any solution in the short-
term and, in fact, may have long-term consequences and compound the
very problems that it attempts to address. This amendment would make
the VA a less attractive option than other agencies when it comes to
recruiting and retaining quality executive leaders, and it will not
have the very talent that it needs to solve the problems that it faces
today, like the claims backlog and the healthcare deficiencies.
Furthermore, SES pay and bonuses are governed by title 5 of the
United States Code and administered by the Office of Personnel
Management. Any change to title 5 to address VA would then also apply
to all other Federal agencies.
[[Page H2612]]
Attempting to do an across-the-board, one-size-fits-all fix will
penalize those dedicated VA executives who are working hard and well to
find solutions to the VA's problems. This is nonsense. I urge all
Members to vote ``no.''
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Rothfus).
The amendment was agreed to.
Amendment Offered by Ms. Jackson Lee
Ms. JACKSON LEE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act for
benefits for homeless veterans and training and outreach
programs may be used by the Secretary of Veterans Affairs in
contravention of subchapter III of chapter 20 of title 38,
United States Code.
The Acting CHAIR. Pursuant to House Resolution 223, the gentlewoman
from Texas and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from Texas.
Ms. JACKSON LEE. Mr. Chairman, I thank the chairman and ranking
member of the subcommittee again for the work, and I raise again a
picture of three ladies who look attractive in this picture.
Mr. Chairman, and colleagues, these are homeless vets. These are vets
who bonded with each other in a homeless shelter.
The good news is that we have made progress on providing services for
homeless vets. But I want to emphasize, through this amendment, that we
will continue to raise and focus on the needs of homeless vets.
I offer the Jackson Lee amendment because I believe reducing and
eliminating homelessness among veterans, those who risked their lives
to protect our freedom, should also be one of the Nation's highest
priorities. I would like this bill to have it as its highest priority.
{time} 1845
Homelessness among the American veteran population is on the rise in
the United States. We must be proactive in giving back to those who
have given us so much.
Even though the administration has done an enormous job, has made
great strides in bringing down the numbers of homeless vets, for those
that they bring down, then, for some reason--whether it is the loss of
a job or medical issues--vets are becoming homeless every day.
My amendment will help remind us of our obligation to provide our
veterans the assistance needed to avoid homelessness, which includes
adequately funding the program for Veterans Affairs Supportive Housing
and, as well, to be able to ensure those centers are there for our
veterans.
Today in our country, we have mentioned the numbers of veterans that
exist: 100,000 veterans, male and female, are homeless; 200,000
experience homelessness. In my hometown of Houston, for example,
between the years of 2010 and 2012, the number of homeless vets
increased from 771 to 1,162.
I want to acknowledge the city of Houston that has worked on their
Homeless Veterans Project; the George Hotel that has worked on the
Homeless Veterans Project; many other veteran organizations; U.S.VETS,
who has worked on the Homeless Veterans Project; and a grant that came
some years ago to the Houston Housing Authority to work on the Homeless
Veterans Project.
But this amendment is to, again, establish in this important
legislation the idea that we must fight for our veterans, and we must
ensure that every year, we take the temperature of the Nation's
homeless vets, the temperature that says, if it is high, the numbers
have been going up; if it is low, we are doing our job because the
numbers of homeless vets are going down.
Let me thank the many shelters that deal with our vets, and
particularly in my district, St. John's United Methodist Church for the
work they have done, along with many other entities that believe that
cutting the numbers of homeless vets should be the end.
I yield to the gentleman from Pennsylvania.
Mr. DENT. I just wanted to let the gentlelady know that we support
the amendment, which was accepted last year. I know the gentlelady is
offering it to reaffirm the congressional obligation to provide
veterans the assistance they need to avoid homelessness.
I accept the amendment.
Ms. JACKSON LEE. Reclaiming my time, let me thank the chairman. With
that, I thank my colleagues and ask my colleagues to support the
Jackson Lee amendment to end homelessness for our veterans here in
America.
I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Chair, none of the funds made available by this
Act for the Department of Veteran Affairs--Benefits for Homeless
Veterans and Training and Outreach Programs may be used in
contravention of the title 38, Part II, Chapter 20, Subchapter II and
III of the U.S. Code
This amendment will help ensure that the rate of homelessness among
veterans in the United States does not increase.
I thank Subcommittee Chairman Dent and Ranking Member Bishop for
their hard work in shepherding this important legislation to the floor.
I offer the Jackson Lee Amendment because I believe reducing and
eliminating homelessness among veterans, those who risked their lives
to protect our freedom, should also be one of the nation's highest
priorities.
Homelessness among the American veteran population is on the rise in
the United States and we must be proactive in giving back to those who
have given so much to us.
My amendment will help remind us of our obligation to provide our
veterans the assistance needed to avoid homelessness, which includes
adequately funding for programs Veterans Administration Supportive
Housing VASH) that provide case-management services, adequate housing
facilities, mental health support, and address other areas that
contribute to veteran homelessness.
VASH is a jointly-administered permanent supportive housing program
for disabled Veterans experiencing homelessness in which VA medical
Centers provide referrals and case management while Public Housing
Agencies (PHAs) administer the Section 8 housing vouchers.
Mr. Chair, our veterans deserve the best services available, and I
believe that we could be doing much more for them.
Today, in our country, there are approximately 107,000 veterans (male
and female) who are homeless on any given night. And perhaps twice as
many (200,000) experience homelessness at some point during the course
of a year.
Many other veterans are considered near homeless or at risk because
of their poverty, lack of support from family and friends, and dismal
living conditions in cheap hotels or in overcrowded or substandard
housing.
While significant progress has been made, ending homelessness among
veterans remains a big challenge.
In my hometown of Houston for example, between the years 2010 and
2012, the number of homeless veterans increased from 771 to 1,162.
We must remain vigilant and continue to fight for those who put on
the uniform and fought for us.
Providing a home for veterans to come home to every night is the very
least we can do.
Mr. Chair, programs like VASH have succeeded in changing lives. In
2012 alone, 35,905 veterans lived in the public housing provided by
VASH.
I have seen the impact of such grants in my home state of Texas, and
within my congressional district in Houston, and I am sure that this
funding has positively impacted many communities across this country.
In Texas, there are committed groups in Houston, working to eradicate
the issue of homelessness.
For example, the Michael E. DeBakey VA Medical Center has been
involved in changing veterans' lives in a mighty way by providing
Veterans and their families with access to affordable housing and
medical services that will help them get back on their feet.
Mr. Chair, we cannot let this issue of homelessness continue.
I urge my colleagues to support the Jackson Lee Amendment and commit
ourselves to the hard but necessary work of ending veteran homelessness
in America.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Jackson Lee).
The amendment was agreed to.
Amendment No. 6 Offered by Mr. Roe of Tennessee
Mr. ROE of Tennessee. Mr. Chairman, I have an amendment at the desk.
[[Page H2613]]
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. Not more than $4,400,000 of the funds provided by
this Act under the heading ``Department of Veterans Affairs--
Departmental Administration--General Administration'' may be
used for the Office of Congressional and Legislative Affairs,
and the amount otherwise provided under such heading is
hereby reduced by $1,500,000.
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from Tennessee and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Tennessee.
Mr. ROE of Tennessee. Mr. Chairman, I am offering this amendment that
would cut $1.5 million from the budget of the VA's Office of
Congressional and Legislative Affairs, or OCLA. The OCLA is tasked with
being the liaison between Congress and the VA. It is their job to
provide information to Congress to help with casework and basic
information.
What is unfortunate is that, even after the Committee on Veterans'
Affairs' investigation into the largest scandal in VA history
continues, it is still the perception that the VA will do everything in
its power to withhold information to prevent negative news from being
made public. Unfortunately, as many veterans can tell you, timeliness
is not a word the VA understands or cares to learn.
In VA's budget submission, they assert: ``The mission of OCLA is to
improve the lives of veterans and their families by advancing pro-
veteran legislation and maintaining responsive and effective
communications with Congress.''
As of April 24, the Committee on Veterans' Affairs had 78 outstanding
requests for information with OCLA, and over half of these have been
pending for over 60 days. On average, it is now taking the OCLA 69 days
to respond to the committee's requests. There is one that dates back
all the way to 2012. These numbers do not reflect responsive or
effective communications. What is even more disappointing is that the
requests have gone unanswered despite the fact that the OCLA's budget
has gone up by 36 percent since fiscal year 2009.
I understand that other parts of the Federal Government, such as the
Office of General Counsel, the Office of Management and Budget, and in
some cases, the President's own staff may be delaying Congress'
requests for months. However, OCLA is chartered with being Congress'
connection to the rest of the VA, and, as such, they bear the burden of
these untimely responses.
The current delays in getting information to Congress is not a new
phenomenon, as the VA Committee has now held three separate hearings
that have exposed VA's lack of transparency to Congress and showed that
even when we do receive information we have requested, it is so old or
so heavily redacted that it is basically useless.
These requests are critically important to Congress' role in
providing meaningful oversight over the second-largest agency in the
Federal Government. It is our duty to be a strong check on the
executive branch. While Secretary McDonald is trying everything he can
to change the culture at the VA, Congress must send a message that
providing answers to our questions 69 days after we have requested it
is simply unacceptable to us, unacceptable to the taxpayers, and, most
importantly, it is unacceptable to the veterans. Passage of this
amendment would send that message.
I thank Chairman Dent for his hard work on this bill.
Mr. DENT. Will the gentleman yield?
Mr. ROE of Tennessee. I yield to the gentleman from Pennsylvania.
Mr. DENT. Mr. Chair, I rise in support of the gentleman's amendment.
I certainly share Dr. Roe's frustration with the VA Congressional and
Legislative Affairs Office stalling the delivery of important
information Congress has requested to fulfill its oversight
responsibilities.
Frankly, the only time I have seen that office act with lightning
speed was in its delivery to all Members of the House last week in an
inaccurate and critical portrayal of this appropriations bill.
So, again, I support your amendment.
Mr. ROE of Tennessee. Mr. Chairman, I yield 1 minute to the gentleman
from Pennsylvania (Mr. Costello) to speak on the amendment.
Mr. COSTELLO of Pennsylvania. Mr. Chairman, I rise today in support
of Dr. Roe's amendment to address the lack of accountability and
transparency at the Department of Veterans Affairs Office of
Congressional and Legislative Affairs.
As the gentleman from Tennessee mentioned, OCLA is meant to serve as
a bridge between Congress and the VA to help facilitate access to
information that we, as a legislative body, request in our oversight
role.
Since I have been in Congress and a member of the Veterans' Affairs
Committee all of 4 months, it is clear that more transparency is
needed.
Let me give you a clear example of a pending request, an unusually
long unfulfilled request that is still outstanding. Back in December,
as part of the committee's continued investigation into malfeasance at
the Philadelphia RO, the committee requested copies of all EEO
complaints and MSBP files that have been filed at this location since
2008.
Late last year, we were told that the files were in boxes and ready
to be shipped to Washington, D.C., for our review. It is now 5 months
later, and after numerous requests, we have only received a few of the
files we requested. The inability of the VA to provide these documents
is mind-boggling. I don't know how else to describe it.
The bottom line is: ignoring reasonable, relevant requests is
unacceptable. There has to be accountability. This amendment does that.
It does not impact or diminish in any way the treatment and care of our
veterans. I urge adoption of Dr. Roe's amendment to demand
accountability.
Mr. ROE of Tennessee. Mr. Chairman, I urge my colleagues to adopt
this amendment.
I yield back the balance of my time.
Mr. BISHOP of Georgia. I claim the time in opposition.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. BISHOP of Georgia. Mr. Chair, I think that the concerns raised by
the gentleman in offering the amendment are perhaps well taken from
time to time. But I think this amendment is punitive. I think it is
counterproductive. And I think it is going to make it much more
difficult to get the results that the gentleman is seeking.
Because of that, I think that the amendment should be defeated. It is
a bad amendment. And I think it would be bad for morale for the
Department. And I think it would be bad generally for the public. I
urge opposition and a ``no'' vote on this amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Tennessee (Mr. Roe).
The amendment was agreed to.
Amendment Offered by Mr. Pocan
Mr. POCAN. Mr. Chair, I have an amendment at the desk.
Mr. DENT. Mr. Chair, I reserve a point of order on the gentleman's
amendment.
The Acting CHAIR. A point of order is reserved.
The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available in this Act may
be used to withhold any report of an Inspector General from
any member of Congress in any case where the member of
Congress has requested that such report be provided.
Mr. POCAN (during the reading). Mr. Chair, I ask unanimous consent
that the amendment be considered as read.
The Acting CHAIR. Is there objection to the request of the gentleman
from Wisconsin?
Mr. DENT. I object to the unanimous consent. I don't know which
amendment we are talking about here.
The Acting CHAIR. Objection is heard.
The Clerk will report the amendment.
The Clerk continued to read.
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from Wisconsin and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Wisconsin.
[[Page H2614]]
Mr. POCAN. Mr. Chair, I thank Subcommittee Chairman Dent and Ranking
Member Bishop for all of their work on this bill.
This amendment is a simple amendment to make sure that Members of
Congress have access to inspector general reports, should they request
one.
We recently came across this issue when there was a bipartisan field
hearing in Tomah, Wisconsin, regarding the Tomah VA facility.
The Veterans Affairs Office of Inspector General had a report
regarding the overprescription of opiates resulting in multiple deaths
in the area. And in this case, the VA Office of Inspector General
completed a report that uncovered these practices, and they gave the
recommendations to the local and regional manager. However, the report
and these recommendations were never reported to the Department of
Veterans Affairs Secretary Bob McDonald, any congressional committees
of jurisdiction, or the public, as the report was administratively
closed. What is more, the initial report was requested by a Member of
the House of Representatives, and the VA Office of Inspector General
failed to even provide the completed report to the Member of Congress.
Ultimately, that Member of Congress had to do a Freedom of
Information request, a very unusual request, in order to get a copy of
that report. Instead, it was left largely to local facilities to
implement the recommended changes without any oversight from the
Secretary of the Department of Veterans Affairs or from the Members of
Congress who had specifically requested that report. It is all about
sunlight. I think we function better if we could have that information.
And we should make sure that those reports are available to every
Member of Congress. This amendment would simply make sure that no funds
can be expended in withholding a report, as this report was in the
State of Wisconsin.
I yield back the balance of my time.
Point of Order
Mr. DENT. Mr. Chairman, I make a point of order against the amendment
because it proposes to change existing law and constitutes legislation
in an appropriations bill and, therefore, violates clause 2 of rule
XXI.
The rule states in pertinent part:
``An amendment to a general appropriation bill shall not be in order
if changing existing law.''
The amendment imposes additional duties.
Therefore, I would request a ruling from the Chair.
The Acting CHAIR. Does any other Member wish to be heard on the point
of order?
If not, the Chair will rule.
As the Chair ruled on an analogous amendment on June 13, 2011, this
amendment includes language requiring a new determination by the
relevant executive branch official of the current membership of a body
in the legislative branch. The amendment, therefore, constitutes
legislation in violation of clause 2 of rule XXI.
The point of order is sustained, and the amendment is not in order.
{time} 1900
Amendment Offered by Mrs. Noem
Mrs. NOEM. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may
be used to end, suspend, or relocate hospital-based services
with respect to a health care facility of the Department of
Veterans Affairs that is--
(1) the subject of an environmental impact statement in
accordance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(2) designated as a National Historic Landmark by the
National Park Service; and
(3) located in a highly rural area.
The Acting CHAIR. Pursuant to House Resolution 223, the gentlewoman
from South Dakota and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from South Dakota.
Mrs. NOEM. Mr. Chairman, the Department of Veterans Affairs is
entrusted with the protection of a multitude of historic facilities. As
I noted last year during debate on the VA's budget, the National Trust
for Historic Preservation has found serious deficiencies in the manner
in which the VA operates these facilities.
These VA facilities, especially the medical facilities, are more
important than ever. We are seeing thousands of veterans returning home
after fighting in conflicts abroad, many suffering from chronic
service-related injuries. The last thing we want to do is to force
these veterans to travel hundreds of miles to receive treatment, as is
often the case in rural States like South Dakota.
The health of these historic medical facilities is directly connected
to our veterans' health, and this amendment would prohibit the VA from
curtailing healthcare services at the historic facilities located in
rural areas.
I thank the chairman and his staff for all of their assistance on
this amendment, and I urge everyone's support for this amendment as
well.
Mr. DENT. Will the gentlewoman yield?
Mrs. NOEM. I yield to the gentleman from Pennsylvania.
Mr. DENT. Mr. Chairman, I am aware the South Dakota delegation has
been struggling with the VA's determination to move services out of
historic facilities into a new geographic area. We had language in last
year's bill forcing the VA to do a full analysis of the consequences of
the facility moving.
I have no objection to including the amendment Representative Noem is
offering this year.
Mrs. NOEM. I thank the gentleman. I appreciate those words of
support. It certainly is important to the veterans in our State and in
many States across the country that often find it very difficult to
travel to local VA facilities, but now, with the closure of some of
these facilities, they would have to travel hundreds of miles.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from South Dakota (Mrs. Noem).
The amendment was agreed to.
Amendment Offered by Mr. Pocan
Mr. POCAN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following new section:
Sec. 5__. None of the funds made available in this Act may
be used to enter into a contract with any person whose
disclosures of a proceeding with a disposition listed in
section 2313(c)(1) of title 41, United States Code, in the
Federal Awardee Performance and Integrity Information System
include the term ``Fair Labor Standards Act''.
Mr. POCAN (during the reading). Mr. Chair, I ask unanimous consent
that the amendment be considered read.
The Acting CHAIR. Is there objection to the request of the gentleman
from Wisconsin?
There was no objection.
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from Wisconsin and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Wisconsin.
Mr. POCAN. Mr. Chairman, hopefully, the second time is the charm.
This is an amendment on behalf of myself, Representative Ellison, and
the Congressional Progressive Caucus.
This amendment would bar taxpayer dollars from going to companies
that have recent wage theft convictions or civil penalties reported in
the government's contracting database.
No hard-working American should ever have to worry that their
employer will refuse to pay his or her work, overtime, or take money
out of their paycheck, especially if they work for a Federal
contractor.
As a small-business owner who has had previous contracts, it is not a
right, but an earned responsibility and privilege to have these
contracts, and any employer that would do wage theft--which is
considered to pay less than the minimum wage, to be shorting someone
their hours, being forced to work off the clock, not being paid
overtime, or not being paid at all--should not be able to get these
Federal contracts.
A recent National Employment Law Project survey found that 21 percent
of Federal contract workers were not paid overtime, and 11 percent have
been forced to work off the clock. Eighteen Federal contractors were
recipients of one of the largest 100 penalties issued
[[Page H2615]]
by the Occupational Safety and Health Administration of the Department
of Labor between 2007 and 2012, and almost half of the total initial
penalty dollars assessed for OSHA violations were against companies
holding Federal contracts in 2012.
Overall, 49 Federal contractors responsible for large violations of
Federal labor laws were cited for 1,776 separate violations of these
laws and paid $196 million in penalties and assessments; yet, just in
fiscal year 2012, these same companies were awarded $81 billion in
taxpayer dollars.
The Federal Government cannot look the other way when Federal
contractors take advantage of their employees. Those who violate the
Fair Labor Standards Act deserve more than a slap on the wrist; they
don't deserve to do business with the government anymore. Those
contractors who engage in wage theft should not be rewarded with
contracts to do business with the Federal Government.
This was included in last year's appropriation. We would appreciate
consideration again in this year's appropriation, to make sure that we
are protecting the workers for these Federal contractors.
Mr. Chairman, I reserve the balance of my time.
Mr. DENT. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. DENT. Mr. Chairman, I do have some concerns with this amendment.
As I read it, it appears to be a ``one strike and you are out'' type
amendment.
Mr. WALBERG. Will the gentleman yield?
Mr. DENT. I yield to the gentleman from Michigan.
Mr. WALBERG. I thank the chairman. I appreciate the concern that my
colleague has on this issue. I know it is sincere. I think there is
every one in this Chamber that has concerns that our laborers, our
employees, and individual citizens be treated fairly and treated with
respect, safety, and all of the rest by their employers.
Mr. Chairman, we all agree that bad actors who deny workers basic
protections, including wage and overtime pay, shouldn't be rewarded
with government contracts funded by taxpayer dollars. That is a given.
There is a suspension and disbarment process already in place under
current law. If an employer has a history of bad behavior, Federal
agencies know about it and have the authority to deny that employer
Federal contracts. My question is: Has anyone suggested the current
process isn't working? I don't believe so, Mr. Chairman.
Earlier this year, we held a joint subcommittee hearing, in fact, on
this issue in relation to the President's executive order that
functions to blacklist Federal contractors for alleged Federal and
State labor law violations, including the FLSA.
The committee received a substantial load of evidence regarding the
inherent flaws of the President's executive order, which, like this
amendment, supersedes agencies' current authority to exclude
problematic contractors, causing significant delays and disruption to
the Federal procurement system.
There is agreement on both sides of the aisle that the FLSA is the
cornerstone of workers' wage and hour protections, but in many ways,
the regulations implementing the law are flawed and outdated.
For that reason, we have asked for consideration with the President,
with the administration, the Department of Labor, both sides of the
aisle, to look at reforming and fixing the Fair Labor Standards Act
that has been in place an awful long time before present practices and
doesn't fit with the 21st century workplace.
A report by the Government Accountability Office found that
litigation stemming from FLSA claims continues to be a significant
problem. These aren't all from bad actors, but in many cases, it
comes--if not most cases--from an employer trying to keep up with
present law, present functions, and present regulations that don't even
fit with FLSA.
Mr. Chairman, I would ask my colleagues to reject this amendment. We
have in place opportunities now that can and should be used. We even
have instances where the Labor Department has violated, and, under this
amendment that is being offered, they would be held at risk as well.
It is not an amendment that is needed; it is an amendment that will
disrupt the process, and it is an amendment that will not move us
forward and really make changes with FLSA that can and should be made.
I urge rejection.
Mr. DENT. Mr. Chairman, I reserve the balance of my time.
Mr. POCAN. Mr. Chairman, I would just like to say I agree with the
gentleman. I was at the hearing, and I heard the conversation that was
there. The difference we had is that the hearing--I understand there
was a disagreement with the executive order, but I would hate for us to
confuse the disagreement with the executive order with the action that
we can do here in Congress.
We had concluded this last year in the appropriations bill, the exact
same language, to the best of my understanding; and I know that, since
then, there has been an executive order that we are trying to have a
conversation with the executive branch about.
However, it is not fair to the contractors who abide by the law that,
when you bid against someone who doesn't abide by the law because they
are shortchanging their employees, that makes it an unfair practice.
We think the bottom line is we should be protecting those good
contractors; we should be protecting the employees who don't get their
fair pay; and, despite any disagreement we might have with the
executive branch, I think we should, at minimum, as a Congress, stand
up for those workers and for those good contractors.
Mr. Chairman, I have been in business for 28 years as a small-
business owner. I know that, when I bid on something, I want to know I
am at a fair and even playing field.
We are not making a fair playing field when you have this number of
people who are getting violations who already get Federal contracts and
are really getting a slap on the hand, $196 million in penalties versus
81 billion in taxpayer dollars in contracts awarded.
Clearly, there is an imbalance, and that becomes a cost to business
for a bad company, but you are punishing the good companies and the
good workers by doing that.
I would certainly hope that we would support this amendment, and I
yield back the balance of my time.
Mr. DENT. Mr. Chairman, I will try to keep it brief.
I do have concerns about the amendment. There is an agreement on both
sides of the aisle that the FLSA is the cornerstone of workers' wage
and hour protections, but in many ways, the regulations implementing
the law are flawed and outdated. A report by the GAO found that
litigation stemming from the FLSA claims continue to be a significant
problem.
These aren't all bad actors. Often, they are employers trying to do
the right thing, but are simply tripped up by an overly complex
regulatory structure.
I would urge opposition, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Wisconsin (Mr. Pocan).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. POCAN. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Wisconsin
will be postponed.
Amendment No. 5 Offered by Mr. Ratcliffe
Mr. RATCLIFFE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of the bill (before the short title), add the
following new section:
Sec. 5__. None of the funds made available by this Act may
be used to propose, plan for, or execute a new or additional
Base Realignment and Closure (BRAC) round.
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from Texas (Mr. Ratcliffe) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
[[Page H2616]]
Mr. RATCLIFFE. Mr. Chairman, I would like to thank Chairman Dent and
Ranking Member Bishop for their hard work on behalf of the 57,000
veterans in my district and on behalf of veterans and servicemembers
across the country.
I am also grateful for the support of Congressmen MacArthur, Hurd,
and Norcross in offering this bipartisan amendment, one which would
simply prohibit any funds made available in this act from being used to
propose or execute a new or additional round of BRAC.
Mr. Chairman, I am honored to represent the Fourth Congressional
District of Texas, home to the Red River Army Depot. The depot has
supported the warfighters since 1941. Although the depot community has
weathered many changes over the years, their commitment to mission
remains the same. It is reflected on the placard placed in each of the
vehicles there which reads, ``We build it as if our lives depend on it.
Theirs do.''
The Red River Army Depot is a vital job creator in northeast Texas,
and it is a critical component of our national defense.
Mr. Chairman, in this fiscal environment, we need to be careful
stewards of taxpayer dollars and focus our limited resources on
addressing critical national security objectives and military
readiness. Having another round of BRAC won't help us achieve this
goal.
In fact, the Government Accountability Office reports that the last
round of BRAC in 2005 cost the American taxpayers $35.1 billion, which
was 67 percent more than the original cost estimate.
At the same time, the expected savings from the last round of BRAC
were 73 percent less than was advertised. Starting another round of
BRAC would weaken our capabilities and increase our vulnerability in
the face of the critical threats facing our Nation.
I would like to thank my colleagues who have supported this
amendment.
Mr. DENT. Will the gentleman yield?
Mr. RATCLIFFE. I yield to the gentleman from Pennsylvania.
Mr. DENT. I want to let the gentleman know I support the amendment.
Mr. RATCLIFFE. I thank the gentleman. I would like to yield the
remainder of my time to the gentleman from New Jersey (Mr. MacArthur).
{time} 1915
Mr. MacARTHUR. Mr. Chairman, I thank the gentleman from Texas.
I have been fighting against BRAC since January, when I led a
bipartisan letter urging then-Defense Secretary Hagel to not call for
another round of base closures. But a BRAC was included in the
President's budget, and here we are today.
Along with the gentleman from Texas, I am bringing this amendment and
fighting against BRAC for two reasons:
First, BRAC is not cost effective. As was mentioned, the 2005 BRAC
was supposed to cost $21 billion. Just a few years later, it has now
skyrocketed to $35 billion. On top of that, the savings were reduced by
73 percent. So it cost the taxpayers more and saved them less. Once
more, the Department of Defense won't even recoup its upfront costs
until 2018, 13 years after it started.
And second, I oppose BRAC because it destroys local economies. I know
this all too well as Fort Monmouth in my home State was shuttered in
2005. That area is still recovering from the loss.
My district is home to Joint Base McGuire-Dix-Lakehurst, which is
responsible for 105,000 local jobs in southern New Jersey. It is a $7
billion impact on just one local community. Like so many other military
bases around the country, it is the backbone of our community. If it is
closed, the area would be devastated.
Spending more, saving less, ruining local economies, and reducing our
military capability should not be done based on what we know today. In
closing, I urge passage of this amendment.
Mr. RATCLIFFE. I yield such time as he may consume to the gentleman
from Texas (Mr. Hurd).
Mr. HURD of Texas. Mr. Chairman, I am proud to cosponsor this
amendment alongside my colleague from Texas, the honorable John
Ratcliffe, and my colleague from New Jersey, the Honorable Tom
MacArthur.
Government action that both wastes the taxpayer dollars and hurts
local economies just doesn't make sense, especially when the same
action negatively impacts national security. But that is precisely what
another round of base realignment and closures would do.
Laughlin Air Force Base, located near Del Rio, Texas, in the 23rd
Congressional District of Texas, is responsible for training more Air
Force pilots than any other base in the world. It is an integral
component of our Nation's military readiness, and they are a vital part
of Del Rio's economy and community. Yet every year they wait to see if
the powers that be up here have decided in their infinite wisdom to put
Laughlin Air Force Base back on the chopping block, devastating Del Rio
and endangering our Nation's air superiority.
I encourage my colleagues to support this amendment, which will
prohibit funds from being used to propose, plan, or execute another
round of BRAC closures. Protecting our military readiness in
communities such as Del Rio is vital.
Mr. RATCLIFFE. I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. Ratcliffe).
The amendment was agreed to.
Amendment Offered by Mr. Grayson
Mr. GRAYSON. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may
be used to enter into a contract with any offeror or any of
its principals if the offeror certifies, as required by
Federal Acquisition Regulation, that the offeror or any of
its principals:
(A) within a three-year period preceding this offer has
been convicted of or had a civil judgment rendered against it
for: commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) contract or subcontract; violation
of Federal or State antitrust statutes relating to the
submission of offers; or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records,
making false statements, tax evasion, violating Federal
criminal tax laws, or receiving stolen property; or
(B) are presently indicted for, or otherwise criminally or
civilly charged by a governmental entity with, commission of
any of the offenses enumerated above in subsection (A); or
(C) within a three-year period preceding this offer, has
been notified of any delinquent Federal taxes in an amount
that exceeds $3,000 for which the liability remains
unsatisfied.
Mr. GRAYSON (during the reading). Mr. Chairman, I ask unanimous
consent to waive the reading of the amendment.
The Acting CHAIR. Is there objection to the request of the gentleman
from Florida?
There was no objection.
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from Florida and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Florida.
Mr. GRAYSON. Mr. Chairman, this amendment is identical to other
amendments that were inserted by voice vote into every appropriations
bill that was considered under an open rule during the 113th Congress.
My amendment expands the list of parties with whom the Federal
Government is prohibited from contracting due to serious misconduct on
the part of the contractors.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Florida (Mr. Grayson).
The amendment was agreed to.
Amendment Offered by Mr. Hurd of Texas
Mr. HURD of Texas. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may
be used in contravention of subtitle D of title VIII of the
Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015.
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from Texas and a Member opposed each will control 5 minutes.
[[Page H2617]]
The Chair recognizes the gentleman from Texas.
Mr. HURD of Texas. Mr. Chairman, one thing we can all agree on is our
veterans deserve better. For far too long, our Nation's veterans have
failed to receive the health care they have earned and the health care
they have needed.
One of the reasons is due to the VA's inability to join the 21st
century when it comes to information technology. Something as simple as
allowing a veteran's medical records to be available digitally to their
health care providers shouldn't be something beyond the capabilities of
the greatest Nation in the world.
My amendment ensures the Department of Veterans Affairs and their
chief information officer will take the appropriate steps and get the
VA moving in the right direction. It will create accountability with
their acquisition and use of information technology.
Let's do what is right and make sure the VA is using the right
technology to ensure that our veterans are getting timely, quality
care.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. Hurd).
The amendment was agreed to.
Amendment Offered by Mr. Roe of Tennessee
Mr. ROE of Tennessee. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may
be used to pay an award or bonus under chapter 45 or 53 of
title 5, United States Code, to any employee of the Office of
Construction and Facilities Management of the Department of
Veterans Affairs.
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from Tennessee and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Tennessee.
Mr. ROE of Tennessee. Mr. Chairman, I am offering an amendment that
would prevent bonuses from being awarded to the Office of Construction
& Facilities Management, the branch of the Department of Veterans
Affairs in charge of all construction projects costing more than $10
million and which is perhaps the least deserving of performance bonuses
in the entire agency.
In January, the House Veterans' Affairs Committee held a hearing to
examine the enormous shortcomings of this office. We found that
construction of a VA hospital in Denver--Aurora, to be specific--is
projected to outpace the budget by $1 billion. This project that
started supposedly in 2010 was supposed to be completed in 2013. The
original budget was $600 million, with a $10 million change order. Now
they estimate the completion date is 2017.
Mr. Chairman, the Romans built the Colosseum in 8 years, and I don't
think they were $1 billion over budget. That is $1,700 a square foot to
build this hospital. Can you imagine how many veterans the VA could
have treated with $1 billion. That is 1,000 million dollars.
How many doctors and nurses could have been hired with $1 billion
that the VA's Office of Construction & Facilities Management has set
fire to? The answer is: a lot.
The Denver project, if that was just it, that would be fine, but it
is not an isolated incident.
In Orlando, a hospital project initially estimated to cost $254
million is almost 5 years behind schedule and projected to be $372
million over budget. That is 143 percent overrun.
In New Orleans, a major hospital being built to replace a VA facility
lost to Hurricane Katrina was initially estimated to cost $625 million
and is just over halfway completed, running 66 percent over budget at a
cost of a whopping $1.035 billion.
And in Las Vegas, a hospital initially projected to cost $325 million
is almost complete after being delayed for more than 7 years, coming in
$260 million over budget.
These four projects alone have wasted billions of dollars of taxpayer
money and delayed the delivery of health care to veterans for almost 14
years.
If this is the performance we should expect, the VA really has no
business being in the construction industry. My friend, Congressman
Coffman, who chairs the House Veterans' Affairs Committee Oversight and
Investigation Subcommittee and represents the Denver area, has
introduced legislation that would allow construction to continue at
Denver while placing the responsibility of any further future VA
construction projects over $10 million in the hands of the Army Corps
of Engineers, who have a great track record, I might add.
I hope that we are able to consider an approach like Mr. Coffman's
and clean up this mess once and for all. But in the interim, it is
critical that we send a message to this office that business as usual
can't be tolerated.
The VA branch responsible for these cost overruns and delays should
not have jobs in the construction realm, much less receive performance
bonuses. This amendment would see that the taxpayer does not pay for
performance bonuses to an office that has caused more harm than good.
I urge adoption of this amendment, Mr. Chairman, and I reserve the
balance of my time.
Mr. BISHOP of Georgia. Mr. Chairman, I claim the time in opposition,
although I do not oppose the gentleman's amendment.
The Acting CHAIR. Without objection, the gentleman is recognized for
5 minutes.
There was no objection.
Mr. BISHOP of Georgia. Mr. Chairman, I think we are all very, very
disturbed by what has happened with Denver, and we are also disturbed
about the practices of the construction office. But I just wanted to
take this opportunity to maybe kind of clarify what has happened in
response to try to mitigate the situation.
In January, Deputy Secretary Sloan Gibson announced the restructuring
of the Office of Construction & Facilities Management, having them
report directly to the Deputy Secretary through the Office of
Management.
The VA also initiated an administrative investigative board in
January to find the truth and to document the misconduct on the
project. Secretary Gibson has included the VA Office of General Counsel
in the review, and the administrative investigative board is expected
to complete its review and make recommendations to the Deputy Secretary
this month.
Additionally, the U.S. Corps of Engineers is conducting a separate
review of the VA's Construction office to evaluate the structure and
the processes so that changes can be made in the future.
I just thought that the Record ought to be set straight that everyone
is disgusted with the way that these projects have been handled and
that we are taking steps, and the Department is taking steps, to make
sure that this bad situation is corrected.
I yield back the balance of my time.
Mr. ROE of Tennessee. Mr. Chairman, I would say--and I agree with
that; I am on the Veterans' Affairs Committee--I have been involved
personally in four hospitals being built in my hometown. All came in on
time, under budget.
When you have a bank, a lender, lending you money, they will stop you
from going this much over budget. That is exactly what we didn't have
here. I cannot imagine spending $1 billion more to build a facility and
then maybe offering someone a bonus.
There are some measures being put in right now, but right now I
think--and I appreciate the gentleman not objecting to this amendment--
we need to make sure this never happens again to waste the taxpayers'
money.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Tennessee (Mr. Roe).
The amendment was agreed to.
Amendment Offered by Mr. Stivers
Mr. STIVERS. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may
be used to pay the salary of any employee of the Department
of Veterans Affairs who is a member of an Amputee Clinic Team
(as described in VHA Handbook 1173.3, ``Amputee Clinic Teams
and Artificial Limbs'', dated June 4, 2004) and who is not
credentialed in accordance with VHA Directive 2012-030,
``Credentialing of Health Care Professionals'', issued on
October 11, 2012.
[[Page H2618]]
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from Ohio and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Ohio.
{time} 1930
Mr. STIVERS. Mr. Chairman, I rise today in support of my amendment,
which would help ensure that VA orthotists and prosthetists, who are
responsible for caring for our veterans, are fully qualified and are
able to perform the duties entrusted to them.
This February, the CBS affiliate in Columbus, Ohio, ran a story
exposing flaws at the Chalmers P. Wylie VA Ambulatory Care Center,
which serves constituents from my district. The story revealed that
dozens of veterans--and possibly many more--who have not come forward
had received ineffective care by uncertified prosthetists. One veteran
was even told that his fitting was supposed to be painful. After
several unsuccessful visits, he turned to a non-VA provider, Willow
Wood, which is near Columbus, Ohio, where he was immediately provided
with a successful, pain-free fitting.
The VA does claim to be following a credentialing directive, which is
VA directive 2012-030. Mr. Chairman, I will soon be introducing
comprehensive legislation to address this issue, but in the meantime,
this amendment would force the VA to honor its word by ensuring that no
salaries are paid to uncertified prosthetists and orthotists. Our
veterans have made tremendous sacrifices for our country, and they
deserve the best.
Mr. DENT. Will the gentleman yield?
Mr. STIVERS. I yield to the gentleman.
Mr. DENT. I support the amendment.
Mr. STIVERS. That was easy.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Ohio (Mr. Stivers).
The amendment was agreed to.
Amendment Offered by Mr. Byrne
Mr. BYRNE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may
be used to transfer any funds from the Veterans Choice Fund
established by section 802 of the Veterans Access, Choice,
and Accountability Act of 2014 (Public Law 113-146; 128 Stat.
1802).
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from Alabama and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Alabama.
Mr. BYRNE. Mr. Chairman, I rise today to offer an important
clarifying amendment that will help ensure our Nation's veterans have
the choices they deserve when seeking medical care.
Last year, Congress passed the Veterans Access, Choice, and
Accountability Act. In addition to many important reforms, this bill
created a VA Choice Card program. Under the law, veterans who are
experiencing wait times of more than 30 days or who live more than 40
miles from a VA facility can seek private care. This was great news for
veterans all across the Nation who had been stuck in a backlog or who
lived a significant distance from a VA clinic. Like many of my
colleagues, I praised this legislation as a major step forward.
Unfortunately, due to a self-serving interpretation, the VA has put up
barriers that restrict veterans' access to private care.
First, the VA calculated the 40-mile requirement in a straight line,
or as the crow flies, instead of calculating based on driving distance.
After much pushback from veterans' organizations and from Members of
Congress, the VA recently changed the interpretation to driving
distance. I applaud the VA for making that change. However, the VA is
still misinterpreting the law. The VA says, if a veteran lives 40 miles
from a VA facility of any kind regardless of what services are offered,
then he is not eligible for private care. My district paints a good
picture of why this is problematic.
We have a VA outpatient clinic in Mobile that only provides minimal
services, but the VA claims that, since that clinic is there, our
veterans cannot seek private care even if the services they need are
not provided by the local clinic. That is especially frustrating
because Mobile is home to a number of large, first class hospitals
which could provide adequate care to our veterans. For example, if a
veteran needed orthopedic surgery, he would be forced to travel to
Pensacola or to Biloxi to seek that care even though he could get that
surgery done right in his hometown. That is not how the legislation was
intended to work.
Recently, VA Secretary Bob McDonald asked Congress for the ability to
shift money away from the VA Choice Card program into other accounts. I
am disappointed that the Secretary would already be giving up on this
program while it is still in its infancy. It is even more frustrating
considering that one of the biggest obstacles to the program's success
is the VA's own self-serving interpretation. My simple amendment would
clarify that the VA cannot move money out of the Choice Program
account. We need to give this program time to work and allow veterans
access to private care instead of forcing them to travel hundreds of
miles out of the way to receive care.
Additionally, I have introduced stand-alone legislation, which is
supported by Republicans and Democrats from 15 different States, that
would correct the VA's interpretation and make clear that veterans are
eligible for private care when they live more than 40 miles from a VA
facility that provides the care the veterans need.
I am optimistic that the House will act on this commonsense bill.
Today, I urge my colleagues to support my amendment. Let's prevent the
VA from transferring funds away from the Choice Card program, and let's
work together to give our veterans the choices they need and deserve
when seeking medical treatment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Alabama (Mr. Byrne).
The amendment was agreed to.
Amendment Offered by Mr. Gosar
Mr. GOSAR. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may
be used to--
(1) carry out the memorandum from the Veterans Benefit
Administration known as Fast Letter 13-10, issued on May 20,
2013; or
(2) create or maintain any patient record-keeping system
other than those currently approved by the Department of
Veterans Affairs Central Office in Washington, D.C.
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from Arizona and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Arizona.
Mr. GOSAR. Mr. Chairman, last year, in the midst of the explosive
allegations about the Phoenix VA's keeping secondary unofficial records
of claims and appointment requests, I offered a similar amendment that
passed this body which prohibited funds from being used to create or to
maintain unofficial recordkeeping systems at the Department of Veterans
Affairs. This year, I am proud, once again, to offer this commonsense
policy with the support of my friend and colleague from Georgia.
As many of you know, several whistleblowers came forward with
allegations that the Phoenix Veterans Affairs Healthcare System had
been using secondary unofficial records of veterans claims and
appointment requests to misrepresent the actual wait times that
veterans faced as they sought health care. Some employees within the VA
even received bonuses as a result of these manipulations. It is
unfortunate that, over the past year, many of these once unthinkable
allegations have become substantiated.
Recently, an inspector general's investigation uncovered actual memos
from VA leadership that encouraged this type of behavior. This is
outrageous. The memo I speak of is known as the ``Fast Letter 13-10,''
and it was handed down directly from the Office of the Director of
Veterans Benefits Administration to the Philadelphia VA Regional
Office.
I am appalled but not totally surprised to learn of this memo. I have
[[Page H2619]]
said this before, but it is sad that we have to pass amendments to
prevent this type of behavior. When government bureaucrats don't use
good judgment or common sense, Congress must address these issues. No
matter what the investigation shows and no matter who was involved,
this practice must be prevented in the future.
This amendment would prohibit the practice of altering or falsifying
veterans wait-time data pursuant to the Fast Letter or any other
purpose. We should have only one, uniform patient recordkeeping system
within the VA in order to provide accountability as well as uniformity
and to prevent employee manipulation.
I urge my colleagues to support this amendment, and I thank the
distinguished Chair and ranking member.
Mr. DENT. Will the gentleman yield?
Mr. GOSAR. I yield to the gentleman from Pennsylvania.
Mr. DENT. I do not think any of us wants to allow the VA funds to be
used in any way that would falsify records on the claims backlog. I
have no objection to the amendment.
Mr. GOSAR. I thank the distinguished chairman.
Mr. Chairman, I yield the balance of my time to the gentleman from
Georgia (Mr. Carter).
Mr. CARTER of Georgia. Mr. Chairman, veterans continue to be one of
the most neglected groups in our country. These men and women have
sacrificed their lives to ensure that our values and principles remain
true; yet we still have people within the VA system who neglect these
sacrifices and who disregard these men and women.
As my colleague from Arizona mentioned, this flawed guidance from the
VA headquarters is wrong and completely disrespectful to our country's
veterans. The memo that was issued by the VA, commonly known as ``Fast
Letter 13-10,'' was a deliberate attempt to make VA bureaucrats appear
as if they were delivering services and benefits to veterans faster
than they really were. Through these internal actions, some VA offices
were ``eliminating'' the backlog of benefit claims with a stroke of a
pen.
Just because you lie about the details does not make the problem
disappear. With one memo, the VA managers disregarded every performance
measure that had been put in place to protect our veterans and their
benefits. Mr. Chairman, I believe this brings up a large point--the
problems within the Federal civil service and, as an employee within
the VA stated, the dysfunctional culture of management corruption.
For the time being, we must address this issue. I join my friend from
Arizona in offering this amendment. We must ensure that VA managers
care for our veterans in a timely and effective manner. I urge my
colleagues to support this amendment.
Mr. GOSAR. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (Mr. Gosar).
The amendment was agreed to.
Amendment Offered by Mr. Hill
Mr. HILL. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title) add the
following new section:
Sec. 5__. None of the funds made available by this Act may
be used by the Department of Veterans Affairs to carry out
any new Key Renewable VA Energy Project under the
Department's Green Management Programs.
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from Arkansas and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Arkansas.
Mr. HILL. Mr. Chairman, in 2012, an award of $8 million was provided
to design and build a 1.8-megawatt solar system at the John L.
McClellan VA Medical Center in Little Rock, Arkansas. It has been
almost 2 years since that planned activation was to begin operating.
However, reports in our local media have indicated that there is
additional engineering and that it is not functioning and not
operational. Further, sections of the solar panels for this system are
now being torn down in order to be relocated to make way for a parking
deck that was planned before the installation had begun of the solar
panels. Many questions remain unanswered about this project and when
the VA plans to fully implement this supposed cost-saving system to
provide energy for the facility.
Further, I found from the VA's own Web site a list of 40 key energy
projects that are designated as ``works in progress'' by the VA under
its key renewable energy program. Some of these date back to 2010; yet
they have not been completed and have not been made operational. There
are over 90 solar projects that have been funded under this program and
198 projects that have been funded under the VA's Green Management
Program. Some of these projects individually have cost the taxpayers up
to $20 million. The Little Rock project is only projected to save
$150,000 annually in energy costs, which would make the payback on that
$8 million investment some 50 years.
On April 8, I sent a letter to Secretary McDonald, asking for answers
about these solar systems, in Little Rock particularly, about the
relocation of the panels at the facility, and about the activation
date. Senator John Boozman and I have called for an IG investigation
into this project and into other aspects of the key renewable energy
program to ensure that the taxpayers' hard-earned dollars are
safeguarded.
This amendment would simply prevent any new funding for these
projects this fiscal year, allowing Congress the additional time to
conduct oversight and allowing the VA to ensure that this program is
effective.
{time} 1945
It is essential that we demand accountability and transparency when
utilizing taxpayer dollars for these kinds of government projects. I
urge the passage of this amendment.
I reserve the balance of my time.
Mr. DENT. Mr. Chair, I claim the time in opposition.
The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. DENT. Mr. Chair, I rise reluctantly in opposition to the
amendment. I feel the gentleman's amendment is a bit too broad. It is
overly broad, in my view. I understand the gentleman's frustration with
the VA's delay in getting the Little Rock solar panel project up and
running. I certainly support the inspector general investigation into
the problems.
I am concerned that blocking all renewable energy projects, currently
budgeted at $86 million for fiscal year 2016, would have the unintended
impact of blocking some worthwhile projects that would save money,
reduce energy consumption and greenhouse gas emissions.
I would respectfully suggest maybe the gentleman would consider
withdrawing the amendment, and we will try to work with him to get this
amendment in a better form, one that we might be able to support. I
just want to put that out there for his consideration at this time.
I reserve the balance of my time.
Mr. HILL. I thank the chairman for his comments. I appreciate his
consideration. I would be happy to work with the gentleman to revise my
amendment.
Mr. Chair, I ask unanimous consent to withdraw my amendment.
The Acting CHAIR. Is there objection to the request of the gentleman
from Arkansas?
There was no objection.
Mr. BISHOP of Georgia. Mr. Chair, I move to strike the last word.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. BISHOP of Georgia. Mr. Chairman, I just want to speak to this
amendment. The VA Green Management Program is a sustainability program
that integrates energy and water conservation, environmental
compliance, vehicle fleet management, sustainable building design and
operation, greenhouse gas management, and climate change adaptation.
Since its inception in 2007, the VA Green Management Program has
reduced VA's energy costs from $504 million in 2010 to $459 million in
2014, despite significant growth in mission. Additionally, the Green
Management Program has put in place energy performance contracts
requiring no appropriated funds that will save VA over $9
[[Page H2620]]
million annually. Other significant achievements include it reduced VA
energy use per square foot by 21 percent since 2003, reduced VA water
consumption per square foot by 28 percent since 2007, increased VA's
vehicle fleet to 55 percent alternatively fueled vehicles, and reduced
VA-generated greenhouse gases 12 percent since the 2008 baseline.
In the absence of the Green Management Program funding, a number of
programs, processes, and projects will not be carried out. These
activities save taxpayers significant amounts of money; improve indoor
and outdoor environments at VA facilities for the benefit of veterans,
for visitors, employees, and surrounding communities; and help assure
the VA compliance with Federal laws, with regulations, with executive
orders, Presidential memoranda.
I would urge Members to oppose it. I am happy that the gentleman has
withdrawn the amendment. I think his concerns are well placed, and I
join the chairman in agreeing to work with him to see if we can't
address those specific concerns in his location.
I yield back the balance of my time.
Amendment Offered by Mr. Farenthold
Mr. FARENTHOLD. I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may
be used to pay the salary of any employee of the Department
of Veterans Affairs who received an unsatisfactory work
performance review in fiscal year 2015.
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from Texas and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Texas.
Mr. FARENTHOLD. Mr. Chairman, my amendment is very straightforward.
If an employee of the Department of Veterans Affairs has received a
work performance review rated as unsatisfactory in the last fiscal
year, he will not be able to receive a salary for this fiscal year
2016.
Mr. Chairman, there have been all sorts of media reports about how
Secretary McDonald has been trying to reform the VA but has been having
trouble getting rid of the bad apples. This is one way we could help
him do that. For instance, the VA employees in the 27th Congressional
District of Texas that I represent and across the Nation continue to
provide vital care to our veterans. In the 27th District, our local
medical center is well below the national standards for both customer
service and phone standards.
Mr. Chairman, an official report from the VA inspector general found
that about 1,700 veterans were in need of care and were at risk of
being lost or forgotten after being kept off official waiting lists.
Schedulers for the Veterans Affairs were instructed to change the dates
for which veterans had requested an appointment in order to hide
delays. At the Phoenix VA, official data showed that veterans waited an
average of 24 days for an appointment when in reality the average wait
was 115 days. That is absolutely unacceptable.
The VA OIG reported in May of 2014 that 17 veterans deaths had
occurred while waiting for VA treatment in the Phoenix VA, and on June
5 of that same year, the VA reported they had identified an additional
18 deaths. People are dying because of unsatisfactory performance at
the VA.
Earlier this month it was reported that out of 280,000 employees
working for the VA, only eight had been ``punished'' for any of the
offenses. In fact, the only person who has actually been fired is
Sharon Helman. She wasn't fired immediately for unsatisfactory work
performance. Instead, she was on paid administrative leave for over 7
months before they finally got around to firing her. She was that
former VA person in Phoenix and was only fired after it was discovered
she was accepting gifts from a lobbyist. We have no way of dealing with
the problems, and we are looking for a solution to this.
Mr. Chairman, the VA OIG found that, under Ms. Helman's leadership,
35 veterans had died, and it took us 7 months to fire her for an
unrelated offense. The VA still is struggling with this.
Clearly, Congress needs to find a better approach to help root out
the bad apples in the VA. My amendment is one way we can do this. If
you are receiving the worst possible performance review, you ought not
to be getting paid with taxpayer money for your unsatisfactory work.
I reserve the balance of my time.
Mr. DENT. Mr. Chairman, I claim the time in opposition to the
amendment, though I am not necessarily opposed.
The Acting CHAIR. Without objection, the gentleman from Pennsylvania
is recognized for 5 minutes.
There was no objection.
Mr. DENT. Mr. Chair, I appreciate the gentleman for raising this
important issue. I certainly share his concern about the service our
veterans are receiving from VA employees. However, I do have some
concerns with the breadth of this amendment. It seems, again, a little
bit overly broad.
If the gentleman would withdraw his amendment, I will continue to
work with him to ensure greater accountability for poor-performing
employees. Again, I thank the gentleman for highlighting this important
issue, but I just think the amendment is a little overly broad. The
breadth is a bit more than I think is necessary at this moment, but we
might be able to work this out.
Would the gentleman consider withdrawing the amendment?
Mr. FARENTHOLD. Mr. Chair, I understand the concerns that the
chairman of the subcommittee has. The breadth was necessary in order to
get by the requirement to not be legislating within an appropriations
bill. If the chairman is willing to work with me on finding a scalpel
rather than an ax to prune these bad apples out of the tree, I am
willing to withdraw the amendment.
Mr. DENT. I will do that.
Mr. FARENTHOLD. Mr. Chairman, I ask unanimous consent to withdraw the
amendment.
The Acting CHAIR. Is there objection to the request of the gentleman
from Texas?
There was no objection.
Amendment Offered by Mr. LaMalfa
Mr. LaMALFA. I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec.__. For an additional amount for ``Department of
Veterans Affairs--Departmental Administration--General
Operating Expenses, Veterans Benefits Administration'', there
is hereby appropriated, and the amount otherwise provided by
this Act for ``Department of Veterans Affairs--Departmental
Administration--General Administration'' is hereby reduced
by, $5,000,000.
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from California and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from California.
Mr. LaMALFA. Mr. Chairman, first of all, let me thank those who have
helped with this legislation here, my colleagues from California, Mr.
Costa, Mr. Ruiz, and my colleague from Massachusetts, Mr. Moulton, on
helping bring this forward. I also thank the chairman and the members
of the committee as well as the desk staff here tonight in helping to
make this happen.
Again, this bill simply reduces the amount budgeted for the general
administration of Veterans Affairs to instead be posted toward the
Veterans Benefits Administration; therefore, helping to take a bite out
of the huge backlog that we have of veterans waiting to have their
claims processed after having served with us. This $5 million shift, I
think, will be helpful in that backlog, as we already know that the VA
is at least 171,000 claims behind in their process. These 171,000
claims are behind by more than 125 days, which is unacceptable.
Of course, the VA's top priority should be making sure that veterans
have their claims processed and are receiving the benefit they should
be getting. Our veterans should not have had to return from fighting a
war and have to instead fight a bureaucracy at home.
Mr. DENT. Will the gentleman yield?
Mr. LaMALFA. I yield to the gentleman from Pennsylvania.
Mr. DENT. I do not oppose this amendment. I am prepared to accept it.
Mr. LaMALFA. I thank the chairman.
Mr. Chairman, again, this will be an important step towards helping
reduce
[[Page H2621]]
that backlog and getting our veterans claims processed and the service
they deserve. I ask for an ``aye'' vote.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. LaMalfa).
The amendment was agreed to.
Amendment Offered by Mr. Jody B. Hice of Georgia
Mr. JODY B. HICE of Georgia. Mr. Chairman, I have an amendment at the
desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds made available by this Act may
be used to pay a Federal employee for any period of time
during which such employee is using official time under
section 7131 of title 5, United States Code.
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from Georgia and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Georgia.
Mr. JODY B. HICE of Georgia. Mr. Chairman, I rise today to offer an
amendment that will help our Nation's veterans increase efficiency in
the Federal workforce and uphold the integrity of tax dollars. Title 5
of the U.S. Code allows for a practice in which Federal employees are
permitted to engage in union-related activities while at work while not
doing the job for which they were hired. This practice is known as
official time, and it costs the taxpayers literally millions of man-
hours every year and hundreds of millions of dollars every year.
The Department of Veterans Affairs is one of the agencies with the
most egregious use of official time. This agency is singlehandedly
responsible for almost one-third of all the reported official time
usage in the entire Federal Government.
Mr. Chairman, this one agency has more than 250 individuals who do
nothing but operate on official time. That is to say, 100 percent of
their time at work is used doing union activity rather than what they
were hired to do, which is to help our veterans. That is unacceptable.
It costs the taxpayers hundreds of millions of dollars.
On the other hand, Mr. Chairman, as of April 1, there were some
431,000 veterans who have been waiting for over 30 days to get an
appointment at a VA medical facility. In my home State alone, more than
20,000 veterans have waited more than 30 days for appointments, be it
in Atlanta, Augusta, or Dublin. We have veterans literally begging for
access to health care, and yet they are being told while waiting in
line that people appreciate their service to our country, appreciate
the fact that they have been willing to lay their lives down for our
country, but when it comes to their medical conditions, they will have
to wait because of lack of resources.
{time} 2000
Mr. Chairman, to allow hundreds of VA employees to give 100 percent
of their work hours to union activity while telling veterans that we do
not have the resources to provide for their medical needs is
inexcusable.
We need to stop this practice that allows VA employees to prioritize
their union over our veterans. The day that veterans are put in second
place to union activities is the day that Congress must get involved,
and that has day come.
According to the most recent OPM report, the VA spends over $45
million taxpayer dollars every year on this practice. That is $45
million that could go to serve the medical needs of our veterans.
Mr. Chairman, what we have before us is a tremendous opportunity to
help our veterans while, at the same time, saving taxpayer dollars and
increasing the overall efficiency of our Federal workforce. This
amendment cuts through all the bureaucratic red tape and the sweetheart
deals for unions and helps our Nation's deserving veterans.
Mr. Chairman, this amendment is an opportunity to put our veterans
first, above special interests, and I ask my colleagues to support this
amendment.
I reserve the balance of my time.
Mr. BISHOP of Georgia. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR (Mr. Collins of Georgia). The gentleman is
recognized for 5 minutes.
Mr. BISHOP of Georgia. I believe that this amendment really serves no
purpose but to erode collective bargaining rights for civil service
Federal employees, and it may violate collective bargaining agreements
that have been negotiated between workers and these agencies.
The VA employs some 342,000 people, and to complain because 200 of
them spend their time representing and making sure that the conditions
of employment within the scope of employment of their coworkers under
collective bargaining agreements are maintained, I believe, is just
punitive.
Federal unions are legally required to provide representation to all
members of a bargaining unit, whether or not the workers elect to pay
voluntary unions dues. Representation for employees working their way
through administrative procedures is a cost-effective process for
administering and adjudicating agency policies.
The alternative to official time is for government agencies to pay
for costly third-party attorney and arbitrator fees. Eliminating
official time would increase cost, time, and effort for the agencies,
the workers, and the taxpayers.
Official time is essential to maintaining workplace safety. Union
representatives use official time to set procedures to protect
employees from on-the-job hazards. Official time is also used to allow
employees to participate in work groups with the management team to
improve the processes.
Under current law, official time may not be used to solicit
membership, to conduct internal union meetings, elect union officers,
or to engage in any partisan political activities. The notion that
official time is used for these purposes is just false.
I would urge a ``no'' vote on this amendment. I think that it is
punitive, and it has no purpose but to erode collective bargaining
rights for civil service Federal employees.
I think that is not consistent with the laws of the United States of
America.
I reserve the balance of my time.
Mr. JODY B. HICE of Georgia. Mr. Chairman, how much time is
remaining?
The Acting CHAIR. The gentleman has 1\1/2\ minutes remaining.
Mr. JODY B. HICE of Georgia. Mr. Chairman, I understand my
colleague's concerns, but to say it is unnecessary is a bit beyond my
understanding.
Yes, there are some 259 individuals at the VA that dedicate 100
percent of their time to union activity when they were hired to do
veterans work, but there are hundreds of others who don't give 100
percent of their time, but hundreds of additional hours on a regular
basis.
We have reached out. After I introduced H.R. 1658, the Federal
Employee Accountability Act, we literally heard from veterans all
across the country. Many of these fine men and women, being veterans
now, also were and are employees at the VA. With one unified voice,
they expressed that they had deep frustration and disappointment with
how they have seen veterans treated.
Mr. Chairman, I would like to quote just one of those individuals who
served in our Air Force and is a current employee at the VA. He said,
``The union is the number one obstacle to providing care to vets.''
I just see, ultimately, Mr. Chairman, that the choice before us is
clear. Members of this body can stand with union bosses, or they can
stand with the people who have stood on the front line to defend our
liberties and our freedom, the Nation's veterans.
I choose to stand with our brave veterans, and I urge my colleagues
to do the same.
I yield back the balance of my time.
Mr. BISHOP of Georgia. Mr. Chairman, I would like to point out that
many of the employees--as a matter of fact, I think the number is 34
percent--at the Department of Veterans Affairs are, indeed, veterans.
They are people who, in fact, put their lives on the line and have
given and served and sacrificed for this country. Of course, they are
now continuing to work for their colleagues and their coworkers on the
job in their capacity as bargaining representatives in the VA.
[[Page H2622]]
I would point out that, under the law, they have the right to do
this. The law supports them in doing this. We should not interfere with
that because too many of them--34 percent--are, in fact, veterans.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Georgia (Mr. Jody B. Hice).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. BISHOP of Georgia. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Georgia will
be postponed.
Amendment No. 3 Offered by Mr. King of Iowa
Mr. KING of Iowa. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of the bill, before the short title, add the
following new section:
Sec. 514. None of the funds made available by this Act may
be used to implement, administer, or enforce the prevailing
wage requirements in subchapter IV of chapter 31 of title 40,
United States Code (commonly referred to as the Davis-Bacon
Act).
The Acting CHAIR. Pursuant to House Resolution 223, the gentleman
from Iowa and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Iowa.
Mr. KING of Iowa. Mr. Chairman, my amendment is an amendment that I
brought up in previous appropriation cycles.
What it does is defunds and eliminates the Davis-Bacon federally
mandated wage scale components in the construction of MILCON on this
underlying bill. It recognizes a whole series of history that has been
built since the early thirties on the Davis-Bacon Act.
I have spent my life in the construction business, Mr. Chairman. I
started a construction business in 1975. We are celebrating our 40th
year in business, and, almost every one of those 40 years, we have
dealt with Davis-Bacon wage scales. I have made out, personally, that
payroll over and over again.
I have also seen the inefficiencies that are created. The net effect
is a de facto union scale. It is not a prevailing wage, but a de facto
union scale. The net effect is it creates inefficiencies, and it
increases and inflates the cost of our construction projects.
Our records, over the years that I have been in business, show that
Davis-Bacon wage scales--the federally mandated wage scales--range
between an additional 8 percent up to 38 percent; so I just bring that
back to a bit of a moderate, careful average, and we have a 20 percent
increase.
The bottom line on this is that, if you want to build 5 miles of
road, repeal Davis-Bacon. If you are willing to accept 4 miles of road,
accept a federally mandated union scale. That is true with whatever
else we might be doing in all of our military construction and
everything else.
This is a substantial savings on this bill, and I would point out
that this is the last Jim Crow law that I recall that is still on the
books. It was designed to lock Black construction workers out of the
construction work in New York back in the thirties during the Great
Depression.
When there was a Federal building contract that was let and the
contractor went to Alabama and brought in African Americans to do that
work, undercutting the essentially White labor union forces within New
York, two New Yorkers--both of them Republicans, Davis and Bacon--got
together and brought this Jim Crow law. Now, we are dealing with union
scale mandates.
I would point out I used to have this debate with the gentleman from
Massachusetts, Mr. Frank. He would make the argument that two
consenting adults should be able to agree to whatever it is those two
can do.
I would say I agree, and there is no reason for the Federal
Government to be involved in a relationship between an employer and
employee that agree to a wage scale.
We pay prevailing wages. They are not union scale wages, as a rule;
but they are prevailing wages. We do that because we want to hire the
best people. We do the best work that we can do under the plans and
specifications offered to us--government work and private sector work
altogether--for 40 years.
We are about to hear that the quality of the work isn't that, that
the government knows best, and government should intervene between a
relationship between two consenting adults. We are about to hear some
kind of response on why we shouldn't get rid of the last Jim Crow law
on the books.
Mr. Chairman, I reserve the balance of my time.
Mr. BISHOP of Georgia. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. BISHOP of Georgia. Mr. Chairman, Davis-Bacon is a pretty simple
concept and a fair one. What the Davis-Bacon Act does is protect the
government, as well as the workers, in carrying out the policy of
paying decent wages on government contracts.
The Davis-Bacon Act requires that workers on federally funded
construction projects be paid no less than the wages paid in the
community for similar work. It requires that every contract for
construction to which the Federal Government is a party in excess of
$2,000 contain a provision defining the ``minimum wages'' paid to
various classes of laborers and mechanics.
Mr. Chairman, the House has taken numerous votes on this issue, and
on every vote, this body has voted to maintain Davis-Bacon requirements
because it makes good sense, it saves the taxpayers money, and it is
useful.
Last year, we avoided including divisive language like this, and it
is my hope that we stop attacking the working class and defeat the
amendment before us today and move on to more important matters.
I urge all Members to vote ``no'' on this, as we have repeatedly year
after year.
At this point, I yield to the gentleman from Michigan (Mr. Kildee).
Mr. KILDEE. I thank my friend for yielding.
Mr. Chairman, we have been through this fight before. Thankfully, we
have been able to prevail with help on both sides of the aisle.
The gentleman referred to the 1930s. Anybody who is a student of
history and a student of the U.S. economy knows that it was the period
following the 1930s that we finally saw a steady progress toward
greater wage equality in this country and we saw the middle class
emerge and the strongest period of economic growth and income equality
in our history, a period which is at risk right now.
I would urge the gentleman to take a look at the period that followed
the enactment of Davis-Bacon, how the middle class was born, and I
would also urge us to consider that, if not the Federal Government, who
can we expect to set the example that a decent wage should be paid for
a decent day's work. That is all this law does, and I support it
wholeheartedly and urge my colleagues to reject this amendment.
Mr. KING of Iowa. I reserve the balance of my time.
Mr. BISHOP of Georgia. Again, let's avoid including divisive language
like this. This is a policy rider that is unnecessary. We have defeated
it over and over again.
Davis-Bacon saves the government money. It requires quality work and
quality labor be done on Federal contracts, and it pays a fair day's
wages for a fair day's work.
I urge all Members to vote ``no'' and reject this amendment, and I
yield back the balance of my time.
Mr. KING of Iowa. Mr. Chairman, may I inquire as to how much time I
have remaining?
The Acting CHAIR. The gentleman has 2 minutes remaining.
Mr. KING of Iowa. Mr. Chairman, first, in response to the gentleman's
argument of a fair wage for a fair day's pay, that is determined by
supply and demand in the marketplace. This is the United States of
America, and on the flashcard the USCIS puts out, they say: What is the
American system of America? It is free enterprise capitalism.
You have to pay the going rate to get the people to do the job. That
has been the case for a long time. I have done that for 40 years, and
the quality of the work is there, and we are proud of the work that we
do.
[[Page H2623]]
I don't know how anyone argues that the Federal Government has got to
intervene in setting the marketplace for wages on construction projects
$2,000 or more, but not intervene in the price of gas or the price of
electricity or the price of some of the commodities that we are dealing
with on a regular basis.
If we are going to have a robust economy, we have got to get a value
received for the work that is done, and that value received is
determined by supply and demand in the marketplace, not by a de facto
mandated union scale. I know how these scales are reached. I know how
these conferences go.
Mr. Chairman, we want to save the taxpayers money. We want to build 5
miles of road, not 4. We want to build five bases, not four. We want to
put five different components out there, instead of four, and get a
return on the taxpayers' dollar so that we maximize the utilization of
the hard-earned tax dollars that come from some of the people that are
working on these projects.
{time} 2015
They want a return on their investment, too. You can't argue that
there is fiscal responsibility in this country if we are going to
impose an additional 20 percent on every dollar that is spent to
produce construction projects on MILCON in America.
So, Mr. Chairman, I urge the adoption of my amendment, and I yield
back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Iowa (Mr. King).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. KING of Iowa. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Iowa will be
postponed.
Mr. DENT. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. DENT. Mr. Chairman I yield to my colleague from New Jersey (Mr.
Payne) for a colloquy.
Mr. PAYNE. Mr. Chairman, I would like to thank Chairman Dent and
Ranking Member Bishop for your work on this bill. And congratulations
to Congressman Dent on the work he has done on H.R. 2029, his first
bill as chairman of the Military Construction and Veterans Affairs
Appropriations Subcommittee.
I admire Chairman Dent's and Ranking Member Bishop's commitment to
our veterans of America. They have demonstrated day-to-day that they
are here for our people in the armed services.
I would like to especially acknowledge this bill's provisions
relating to the importance of early detection and treatment of
colorectal cancer. As the bill notes, the VA has made screening
patients for colorectal cancer a priority, and I am encouraged by the
steps that this bill would take to ensure that the VA continues to
dedicate the resources and attention to this important issue which it
deserves.
Almost every family in America, including our veterans, including
Members of Congress, including people all over this Nation, have been
touched by cancer. My father, former Congressman Donald Payne, who
served New Jersey's 10th Congressional District for 23 years, prior to
me coming here and taking his place, succumbed to this preventable and
treatable disease.
Chairman Dent, thank you for your partnership on this issue. I am
looking forward to continuing to work together to advance the fight
against colorectal cancer and lessen the needless loss of life.
The committee report encourages the VA to support additional research
and development in the field, including investigating a less costly
blood test for colorectal cancer. I applaud this language, and I also
understand that both the FDA and CMS have approved a new DNA,
noninvasive, stool-based colorectal cancer screening test that is
pending review with the Federal supply services for availability in the
VA health system.
For clarity, does this committee also encourage the VA to consider
and review such stool-based test screening?
Mr. DENT. Thank you, Congressman Payne, for your shared interest in
this very important topic.
Mr. Chairman, I commend my colleague for his steadfast support of
colorectal cancer awareness research, prevention, and treatment
efforts. As the second leading cause of death in men and women in the
United States, we have both seen the personal toll that colorectal
cancer can have on family members and loved ones. Congressman Payne
obviously lost his father; I lost my brother-in-law. It was very
painful for all of us. We lost them all too soon.
It has been a privilege to work together with you on an issue that
has raised awareness and increased preventive screenings. This is an
issue that affects far too many of our veterans and, as you mentioned,
this bill takes steps to support the VA's prevention and treatment
efforts.
The report's language should not be misconstrued as only focusing on
blood tests, and I certainly encourage the VA to expedite its review of
alternative colorectal cancer screening tests, including DNA stool-
based noninvasive tests. We certainly want to encourage the VA in that
regard.
I look forward to continuing to work with on you these important
matters. Again, I want to really commend Congressman Payne for his
determination and steadfast interest in advancing therapies and
treatments for colorectal cancer.
Mr. Chairman, I yield back the balance of my time.
Mr. DENT. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Newhouse) having assumed the chair, Mr. Collins of Georgia, Acting
Chair of the Committee of the Whole House on the state of the Union,
reported that that Committee, having had under consideration the bill
(H.R. 2029) making appropriations for military construction, the
Department of Veterans Affairs, and related agencies for the fiscal
year ending September 30, 2016, and for other purposes, had come to no
resolution thereon.
____________________