[Congressional Record Volume 161, Number 167 (Tuesday, November 10, 2015)]
[Senate]
[Pages S7878-S7881]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES
APPROPRIATIONS ACT, 2016--Continued
Mr. McCONNELL. Mr. President, what is the pending business?
The PRESIDING OFFICER. H.R. 2029.
Amendments Nos. 2774, 2775, 2776, 2779, 2781, 2785, 2786, 2787, 2788,
2789, 2795, 2794, and 2798 to Amendment No. 2763
The PRESIDING OFFICER. Under the previous order, the clerk will
report the following amendments by number.
The bill clerk read as follows:
[[Page S7879]]
The Senator from Illinois [Mr. Kirk], for others, proposes
amendments numbered 2774, 2785, 2786, 2787, 2788, and 2789 to
amendment No. 2763.
The Senator from Kentucky [Mr. McConnell], for Ms.
Murkowski, proposes amendments numbered 2775 and 2776 to
amendment No. 2763.
The Senator from Montana [Mr. Tester], for others, proposes
amendments numbered 2779, 2781, 2795, 2794, and 2798 to
amendment No. 2763.
The amendments are as follows:
Amendment No. 2774
(Purpose: To prohibit the use of funds to pay for the transfers or
relocations of senior executives of the Department of Veterans Affairs)
At the end of title II, add the following:
Sec. ___. None of the amounts appropriated or otherwise
made available by title II may be used to carry out the Home
Marketing Incentive Program of the Department of Veterans
Affairs or to carry out the Appraisal Value Offer Program of
the Department with respect to an employee of the Department
in a senior executive position (as defined in section 713(g)
of title 38, United States Code).
Amendment No. 2775
(Purpose: To require the Comptroller General of the United States to
submit to Congress a report evaluating the implementation by the
Department of Veterans Affairs of section 101 of the Veterans Access,
Choice, and Accountability Act of 2014)
At the appropriate place, insert the following:
Sec. __. (a) Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to the congressional veterans committees
a report evaluating the implementation by the Department of
Veterans Affairs of section 101 of the Veterans Access,
Choice, and Accountability Act of 2014 (Public Law 113-146;
38 U.S.C. 1701 note).
(b) The report required by subsection (a) shall include,
with respect to the implementation of such section 101, an
evaluation of the following:
(1) The effect of such implementation on the reduction in
the use of purchased care by the Department, including delays
or denials of care and interruptions in courses and
continuity of care.
(2) The ability of health care providers to meet the demand
for primary, specialty, and behavioral health care under such
section 101 that cannot reasonably be provided in medical
facilities of the Department.
(3) The efforts of the Department to recruit health care
providers to provide health care under such section 101.
(4) The accuracy of the information provided to veterans
through call centers regarding the receipt of health care
under such section 101.
(5) The timeliness of referrals of veterans by the
Department to health care providers under such section 101.
(6) Unique issues and difficulties in the implementation of
section 101 with respect to veterans residing in rural areas,
the States of Alaska and Hawaii and states lacking a full
service VA Hospital.
(7) With respect to rural areas: (A) an identification of
the average wait times for veterans in rural areas to receive
health care under such section 101, measured from when the
veteran first calls the Department or contracted call center
to request an appointment; (B) an assessment of utilization
rates for health care provided under such section 101 in
rural areas (C) an assessment of the accessibility of
veterans in rural areas to primary and specialty care at
medical centers of the Department and from non-Department
health care providers under such section 101; (D) an
assessment of the status of any pilot programs created by the
Department to provide care under such section 101; (E) an
identification of the number of health care providers
providing health care under such section 101 to veterans in
rural areas, broken out by primary care providers, specialty
and subspecialty providers, and behavioral health providers
in each Veterans Integrated Service Network.
(8) Recommendations for such improvements to the provision
of health care under such section 101 as the Comptroller
General considers appropriate.
(c) In this section, the term ``congressional veterans
committees'' means the Veterans Affairs Committees of the
United States Senate and the House of Representatives and the
Subcommittee on Military Construction, Veterans Affairs and
Related Agencies of the Committees on Appropriations of the
United States Senate and the House of Representatives.
AMENDMENT NO. 2776
(Purpose: To require the Secretary of Veterans Affairs to submit to
Congress a report on the provision of health care to veterans in Alaska
through the use of non-Department of Veterans Affairs health care
providers)
At the appropriate place, insert the following:
Sec. ___. Not later than February 1, 2016, the Secretary
of Veterans Affairs shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report
that supplements the report required under section 4002(c) of
the Surface Transportation and Veterans Health Care Choice
Improvement Act of 2015 (Public Law 114-41) and that contains
the following:
(1) A description of the changes in access, if any, of
veterans in Alaska to purchased care from the Department of
Veterans Affairs that have resulted from implementation of
section 101 of the Veterans Access, Choice, and
Accountability Act of 2014 (Public Law 113-146), including
denials of care and interruptions in the course and
continuity of care.
(2) An assessment of the performance of the Department in
providing health care under such section 101 in Alaska,
including--
(A) the performance of call center service provided to
veterans;
(B) the accuracy of call center information provided to
veterans and health care providers;
(C) whether health care providers are agreeing to provide
health care under such section 101 in each of the major
communities in Alaska;
(D) gaps in the availability of health care providers,
disaggregated by primary, specialty, subspecialty, and
behavioral health care;
(E) impediments to the provision of health care under such
section 101; and
(F) plans to mitigate those impediments.
(3) An assessment of the status of health care provider
vacancies at the VA Alaska Healthcare System as of the date
of submittal of the report under this section, including
impediments to filling those vacancies and plans to mitigate
those impediments.
(4) A description of the manner in which the Department
plans to serve the primary, specialty, and behavioral health
care needs of veterans in Alaska if the plan and
recommendations set forth in the report submitted under such
section 4002(c) are implemented, including a description of
specific strategies to be employed by the Department to
address gaps in the provision of health care to veterans and
the supply and demand of health care providers for veterans,
including the roles of tribal health providers and community
providers in addressing those gaps.
amendment no. 2779
(Purpose: To require that amounts appropriated to the Department of
Veterans Affairs for medical and prosthetic research are used to ensure
the provision of gender appropriate prosthetics and to conduct research
related to toxic exposure)
On page 31, line 23, strike the period and insert ``:
Provided, That such sums are allocated to ensure the
provision of gender appropriate prosthetics and to conduct
research related to toxic exposure.''
amendment no. 2781
(Purpose: To require that amounts appropriated to the Department of
Veterans Affairs for medical supplies and equipment are used to procure
gender appropriate prosthetics)
On page 30, line 6, strike the period and insert ``:
Provided further, That the Secretary of Veterans Affairs
shall ensure that amounts appropriated to the Department of
Veterans Affairs for medical supplies and equipment are
allocated to ensure the provision of gender appropriate
prosthetics.''
amendment no. 2785
(Purpose: To prohibit the use of funds to carry out Fast Letter 13-10
or create or maintain certain patient record-keeping systems)
At the end of title II, add the following:
Sec. 247. None of the amounts appropriated or otherwise
made available by this title may be used--
(1) to carry out the memorandum of the Veterans Benefits
Administration known as ``Fast Letter 13-10'', issued on May
20, 2013; or
(2) to create or maintain any patient record-keeping system
other than those currently approved by the Department of
Veterans Affairs Central Office in Washington, District of
Columbia.
amendment no. 2786
(Purpose: To require the Comptroller General of the United States to
submit to Congress a report on the recruitment and retention of health
care providers by the Department of Veterans Affairs)
At the appropriate place, insert the following:
Sec. ___. (a) Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report on the recruitment
and retention of health care providers by the Department of
Veterans Affairs.
(b) The report required by subsection (a) shall include the
following:
(1) An identification of the ratio of veterans to health
care providers of the Department, disaggregated by State.
(2) An analysis of the workload of primary and specialty
care providers of the Department, disaggregated by State.
(3) An assessment of initiatives carried out by the
Veterans Health Administration to recruit and retain health
care providers of the Department.
(4) An assessment of the extent to which the Veterans
Health Administration oversees health care providers of the
Department.
(5) Such recommendations for improving the recruitment and
retention of health care providers of the Department as the
Comptroller General considers appropriate.
[[Page S7880]]
amendment no. 2787
(Purpose: To require the Secretary of Veterans Affairs to submit to
Congress a report on the implementation by the Department of Veterans
Affairs of section 101 of the Veterans Access, Choice, and
Accountability Act of 2014 in rural areas)
At the appropriate place, insert the following:
Sec. ___. (a) Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall submit to Congress a report on the implementation by
the Department of Veterans Affairs of section 101 of the
Veterans Access, Choice, and Accountability Act of 2014
(Public Law 113-146; 38 U.S.C. 1701 note) in rural areas.
(b) The report required by subsection (a) shall include the
following:
(1) An identification of average wait times for veterans in
rural areas to receive health care under such section 101,
measured from when the veteran first calls the Department to
schedule an appointment.
(2) An assessment of utilization rates for health care
provided under such section 101 in rural areas.
(3) An assessment of the accessibility of veterans in rural
areas to primary and specialty care at medical centers of the
Department and from non-Department health care providers
under such section 101.
(4) An identification of the number of health care
providers providing health care under such section 101 in
each Veterans Integrated Service Network.
(5) An assessment of the status of any pilot programs
created by the Department to provide care under such section
101 in rural areas.
amendment no. 2788
(Purpose: To require a report on the use of social security numbers by
the Department of Veterans Affairs and the plans of the Secretary of
Veterans Affairs to discontinue such use)
At the end of title II, add the following:
SEC. 247. REPORT ON USE OF SOCIAL SECURITY NUMBERS BY
DEPARTMENT OF VETERANS AFFAIRS.
(a) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to the appropriate committees of
Congress a report on the use of social security numbers by
the Department of Veterans Affairs and the plans of the
Secretary to discontinue the unnecessary use.
(b) Contents.--The report required by subsection (a) shall
include the following:
(1) A list of documents and records of the Department of
Veterans Affairs that contain social security numbers.
(2) A list of all government and non-government entities
and the numbers of their employees that have access to the
social security numbers of veterans that are stored by the
Department.
(3) A description of how the Department, other governmental
entities, and persons use social security numbers they obtain
from the Department, including a description of any
information sharing arrangements that the Secretary may have
with the heads of other governmental entities.
(4) The number of data breaches of Department of Veterans
Affairs information systems that involved social security
numbers that occurred during the five-year period ending on
the date of the enactment of this Act that the Secretary
discovered or that were reported to the Secretary, a
description and status of the investigations conducted by the
Secretary regarding such breaches, and a description of the
plans of the Secretary to remediate such breaches.
(5) The plans of the Secretary, including a timeline, to
discontinue the unnecessary use by the Department of social
security numbers.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Veterans' Affairs and the Committee on
Appropriations of the Senate; and
(2) the Committee on Veterans' Affairs and the Committee on
Appropriations of the House of Representatives.
amendment no. 2789
(Purpose: To require the Secretary of Veterans Affairs to submit to
Congress a report on wait times for medical appointments at the South
Texas Veterans Health Care System of the Department of Veterans
Affairs)
At the appropriate place, insert the following:
Sec. ___. (a) Not later than 30 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall submit to the appropriate committees of Congress a
report that includes, with respect to the South Texas
Veterans Health Care System of the Department of Veterans
Affairs, the following:
(1) A description of the nature and scope of any
foreseeable increase in wait times for medical appointments.
(2) An assessment of whether a shortage of health care
providers is the primary cause of any such increase in wait
times.
(3) An identification of any other causes of any such
increase in wait times.
(4) A description of any action taken by the Department to
correct any such increase in wait times.
(5) An assessment of any issues relating to access to care.
(6) A plan for how the Secretary will remedy any such
increase in wait times, including a detailed description of
steps to be taken and a timeline for completion.
(b) In this section, the term ``appropriate committees of
Congress'' means--
(1) the Committee on Appropriations and the Committee on
Veterans' Affairs of the Senate; and
(2) the Committee on Appropriations and the Committee on
Veterans' Affairs of the House of Representatives.
amendment no. 2795
(Purpose: To require the Secretary of Veterans Affairs to conduct a
study on the impact of combat service on suicide rates and other mental
health issues among members of the Armed Forces and veterans)
At the end of title II, add the following:
Sec. 2__. (a) Not later than 30 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall, in consultation with the Secretary of Defense, enter
into a contract with an independent third party described in
subsection (b) to carry out a study on the impact of
participation in combat during service in the Armed Forces on
suicides and other mental health issues among members of the
Armed Forces and veterans.
(b) An independent third party described in this subsection
is an independent third party that has appropriate
credentials to access information in the possession of the
Department of Defense and the Department of Veterans Affairs
that is necessary to carry out the study required under
subsection (a).
amendment no. 2794
(Purpose: To modify the amounts appropriated to the Department of
Veterans Affairs for medical services and medical and prosthetic
research)
At the end of title II, add the following:
Sec. 2__. (a) The amount appropriated or otherwise made
available by this title under the heading ``medical and
prosthetic research'' under the heading ``Veterans Health
Administration'' is hereby increased by $8,922,462.
(b) The amount appropriated or otherwise made available by
this title for fiscal year 2016 under the heading ``medical
services'' under the heading ``Veterans Health
Administration'' is hereby reduced by $8,922,462.
amendment no. 2798
(Purpose: To make available $5,000,000 for a pilot program on awarding
grants to provide furniture, household items, and other assistance to
formerly homeless veterans moving into permanent housing)
At the end of title II, add the following:
Sec. 247. Of the amounts appropriated or otherwise made
available by this title for ``medical services'', not more
than $5,000,000 shall be available to the Secretary of
Veterans Affairs to carry out a pilot program to assess the
feasibility and advisability of awarding grants to veterans
service agencies, veterans service organizations, and
nongovernmental organizations to provide furniture, household
items, and other assistance to formerly homeless veterans who
are moving into permanent housing to facilitate the
settlement of such veterans in such housing.
The PRESIDING OFFICER. Under the previous order, the question is on
agreeing to the amendments en bloc.
The amendments (Nos. 2774, 2775, 2776, 2779, 2781, 2785, 2786, 2787,
2788, 2789, 2795, 2794, and 2798) were agreed to en bloc.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the Brown
amendment No. 2801 be called up and agreed to, the Kirk amendment No.
2764 be withdrawn, and the Senate vote on the Kirk amendment No. 2763,
as amended; further, that following the disposition of the Kirk
amendment No. 2763, the bill, as amended, be read a third time and the
Senate vote on passage of H.R. 2029, as amended.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Amendment No. 2801 to Amendment No. 2763
The PRESIDING OFFICER. The clerk will report the Brown amendment.
The senior assistant legislative clerk read as follows:
The Senator from Montana [Mr. Tester], for Mr. Brown,
proposes an amendment numbered 2801 to amendment No. 2763.
The amendment is as follows:
(Purpose: To require the Secretary of Veterans Affairs to develop and
publish an action plan for improving the vocational rehabilitation
services and assistance provided by the Department of Veterans Affairs)
At the end of title II, add the following:
SEC. 247. DEPARTMENT OF VETERANS AFFAIRS ACTION PLAN TO
IMPROVE VOCATIONAL REHABILITATION AND
EDUCATION.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall develop and publish an action plan for improving the
services and assistance provided under chapter 31 of title
38, United States Code.
[[Page S7881]]
(b) Elements.--The plan required by subsection (a) shall
include each of the following:
(1) A comprehensive analysis of, and recommendations and a
proposed implementation plan for remedying workload
management challenges at regional offices of the Department
of Veterans Affairs, including steps to reduce counselor
caseloads of veterans participating in a rehabilitation
program under such chapter, particularly for counselors who
are assisting veterans with traumatic brain injury and post-
traumatic stress disorder and counselors with educational and
vocational counseling workloads.
(2) A comprehensive analysis of the reasons for the
disproportionately low percentage of veterans with service-
connected disabilities who served in the Armed Forces after
September 11, 2001, who opt to participate in a
rehabilitation program under such chapter relative to the
percentage of such veterans who use their entitlement to
educational assistance under chapter 33 of title 38, United
States Code, including an analysis of barriers to timely
enrollment in rehabilitation programs under chapter 31 of
such title and of any barriers to a veteran enrolling in the
program of that veteran's choice.
(3) Recommendations and a proposed implementation plan for
encouraging more veterans with service-connected disabilities
who served in the Armed Forces after September 11, 2001, to
participate in rehabilitation programs under chapter 31 of
such title.
(4) A national staff training program for vocational
rehabilitation counselors of the Department that includes the
provision of--
(A) training to assist counselors in understanding the very
profound disorientation experienced by veterans with service-
connected disabilities whose lives and life-plans have been
upended and out of their control because of such
disabilities;
(B) training to assist counselors in working in partnership
with veterans on individual rehabilitation plans; and
(C) training on post-traumatic stress disorder and other
mental health conditions and on moderate to severe traumatic
brain injury that is designed to improve the ability of such
counselors to assist veterans with these conditions,
including by providing information on the broad spectrum of
such conditions and the effect of such conditions on an
individual's abilities and functional limitations.
The PRESIDING OFFICER. Under the previous order, amendment No. 2801
is agreed to.
Amendment No. 2764 Withdrawn
Under the previous order, amendment No. 2764 is withdrawn.
Amendment No. 2763, as Amended
Under the previous order, the question occurs on the substitute
amendment, as amended.
The Senator from Montana.
Mr. TESTER. Mr. President, if I may have 1 minute, I urge my
colleagues to vote for this Military Construction-VA appropriations
bill before us.
Thank-yous are in order. I thank the chairman, Senator Kirk, and his
staff, Bob Henke, D'Ann Lettieri, and Patrick Magnuson. I also thank
Tina Evans and Chad Schulken. By the way, it is Chad's birthday today,
so make sure you wish him a happy birthday. I also thank Michael Baine,
Tony McClain, and the other staff who worked on this bill.
This bill does right by our veterans, and I am proud to have worked
with our colleagues in this Chamber.
The PRESIDING OFFICER. The question is on agreeing to the substitute
amendment, as amended.
The amendment (No. 2763), as amended, was agreed to.
The amendment was ordered to be engrossed, and the bill to be read a
third time.
The bill was read the third time.
The PRESIDING OFFICER. The bill having been read the third time, the
question is, Shall the bill pass?
Mr. CRAPO. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The senior assistant legislative clerk called the roll.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Texas (Mr. Cruz), the Senator from Colorado (Mr. Gardner),
the Senator from South Carolina (Mr. Graham), the Senator from Nevada
(Mr. Heller), the Senator from Kentucky (Mr. Paul), the Senator from
Florida (Mr. Rubio), and the Senator from Louisiana (Mr. Vitter).
Further, if present and voting, the Senator from Nevada (Mr. Heller)
would have voted ``yea'' and the Senator from Louisiana (Mr. Vitter)
would have voted ``yea.''
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 93, nays 0, as follows:
[Rollcall Vote No. 302 Leg.]
YEAS--93
Alexander
Ayotte
Baldwin
Barrasso
Bennet
Blumenthal
Blunt
Booker
Boozman
Boxer
Brown
Burr
Cantwell
Capito
Cardin
Carper
Casey
Cassidy
Coats
Cochran
Collins
Coons
Corker
Cornyn
Cotton
Crapo
Daines
Donnelly
Durbin
Enzi
Ernst
Feinstein
Fischer
Flake
Franken
Gillibrand
Grassley
Hatch
Heinrich
Heitkamp
Hirono
Hoeven
Inhofe
Isakson
Johnson
Kaine
King
Kirk
Klobuchar
Lankford
Leahy
Lee
Manchin
Markey
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Moran
Murkowski
Murphy
Murray
Nelson
Perdue
Peters
Portman
Reed
Reid
Risch
Roberts
Rounds
Sanders
Sasse
Schatz
Schumer
Scott
Sessions
Shaheen
Shelby
Stabenow
Sullivan
Tester
Thune
Tillis
Toomey
Udall
Warner
Warren
Whitehouse
Wicker
Wyden
NOT VOTING--7
Cruz
Gardner
Graham
Heller
Paul
Rubio
Vitter
The bill (H.R. 2029), as amended, was passed.
The PRESIDING OFFICER. The majority leader.
____________________