[Congressional Record Volume 162, Number 79 (Wednesday, May 18, 2016)]
[House]
[Pages H2813-H2842]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES
APPROPRIATIONS ACT, 2017
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
include extraneous material on H.R. 4974, and that I may include
tabular material on the same.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 736 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. 4974.
The Chair appoints the gentleman from Georgia (Mr. Collins) to
preside over the Committee of the Whole.
{time} 2209
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. 4974) making appropriations for military construction, the
Department of Veterans Affairs, and related agencies for the fiscal
year ending September 30, 2017, and for other purposes, with Mr.
Collins of Georgia 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.
{time} 2210
Mr. DENT. Mr. Chairman, I yield myself such time as I may consume.
Today, it is my honor and privilege to bring H.R. 4974, the fiscal
year 2017 Military Construction and Veterans Affairs and Related
Agencies Appropriations Act to the House for consideration.
I present this bill alongside my very good friend and ranking member
of the subcommittee, the gentleman from Georgia (Mr. Bishop), who has
been an essential partner all along the way. I greatly appreciate the
participation and support of our committee members on 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, and held
oversight hearings to get direct feedback from members of all the
services, the Department of Defense leadership, the Secretary of the
VA, and the VA inspector general. We received over 1,000 requests from
Members, again, from both sides of the aisle, and we gave them full and
fair consideration.
The bill is also the product of actively listening to the concerns of
our veterans and veteran advocates, servicemembers, spouses,
caregivers, military family members, and healthcare providers both
within and outside the VA over the past year.
As we consider this bill, I can't proceed further without noting that
this subcommittee has a formidable level of support from the chair and
ranking member of the full committee. So I thank Chairman Rogers and
the ranking member, Mrs. Lowey. Their attention, oversight, and genuine
care for the military and veterans has been inspiring.
To round out the team, we have some great support from our
professional staff: Maureen Holohan, Sue Quantius, Sarah Young, Tracey
Russell, and Matt Washington on the committee staff; and Sean Snyder,
Drew Kent, and Heather Smith on my personal staff. I would also like to
note Michael Reed and Michael Calcagni with Mr. Bishop of Georgia's
office. We couldn't do it without them.
I would also like to note the retirement of the senior member of our
subcommittee, Sam Farr. He has been on this subcommittee since 1999. In
our full committee meeting, we went into detail about Sam's
accomplishments on this subcommittee, including being the architect of
the Monterey model, which is now the benchmark for successful public-
private partnership in a community with a base closure. Sam, wherever
you may be, your commitment, passion, and good humor will be missed.
All the best to you in your pending retirement.
H.R. 4974 demonstrates our firm commitment to fully supporting our
Nation's veterans and servicemembers. Our investment of $81.6 billion
for military construction, VA, and related agencies, $1.2 billion over
last year's level, is unprecedented. The bill addresses issues to help
veterans in every part of the country--every congressional district--
and our troops around the world.
This bill provides comprehensive support for servicemembers, military
families, and veterans. It supports our troops with the facilities and
services necessary to maintain readiness and morale at bases here in
the States and overseas. It provides for Defense Department schools and
health clinics that take care of our military families.
The bill funds our veteran healthcare systems to ensure that our
promise to care for those who 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, the bill provides a total of $7.9
billion for military construction projects and family housing,
including base and overseas contingency operations funding, OCO
funding--an increase of $250 million over the President's request.
This funding meets DOD's most critical needs, including priority
projects for combatant commanders and funding new mission requirements.
It provides $304 million for military medical facilities. It provides
$246 million for Department of Defense educational facilities, for
construction or renovation of four schools. It supports our Guard and
Reserve through $673 million for facilities in 21 States.
It includes $514 million for projects from the Department of
Defense's unfunded priority list, benefiting the most critical
projects--as identified by the services--that were not included in the
budget request.
[[Page H2814]]
It fully funds military family housing at $1.3 million. It provides
$178 million for the NATO Security Investment Program, which is $43
million over last year's level, to deal with increasing threats and
necessary investments overseas.
On Veterans Affairs, this legislation includes a total of $176
billion in combined discretionary and mandatory funding for the
Department of Veterans Affairs.
Discretionary funding alone for Veterans programs in the bill is
$73.5 billion. Total fiscal year 2017 discretionary funding is $2
billion above fiscal year 2016, which is a 3 percent increase, and $1.5
billion below the budget request. Within that total, VA medical care is
provided with $64 billion, a 5 percent increase over last year--again,
a 5 percent increase over last year for VA medical care.
Again, on VA medical services, the bill funds VA medical services at
$52.5 billion. That includes $850 million that VA came back and asked
for this year, on top of the advanced funding provided last year.
Many Members expressed concerns about medical services, and we were
able to fully fund the budget request for hepatitis C at $1.5 billion.
We are paying for treatments for so many of our veterans who are being
cured from this horrible disease of hepatitis C. The drugs are very
expensive. They have come down in price a bit, and that has helped us
serve more veterans.
Veterans homelessness is at $1.6 billion, long-term care at $8.6
billion, caregiver stipends at $725 million, and Office of Inspector
General is at $160 million.
For disability claims, we provide the full request for the Veterans
Benefits Administration, which is a $118 million increase over fiscal
year 2016, and the full budget request for the Board of Veterans
Appeals, which is a $46 million increase.
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.
The legislation also contains $260 million for the modernization of
the VA electronic health record and includes restricting all of the
funding until the VA meets milestones and certifies interoperability to
meet statutory requirements.
Major construction, we continue to focus on major construction
oversight. The bill includes language that will hold back 100 percent
of the funding for the largest construction projects until VA contracts
for outside Federal management, and we maintain strict restrictions on
transfers, use of bid savings, and scope changes.
The bill provides $528 million for major construction projects in
Reno, Nevada; Long Beach, California; as well as cemeteries in Florida,
New York, and Colorado.
We include bill language regarding improved standards for the suicide
hotline and certification of mental health therapists to expand access
for veterans who need their care. I don't need to explain to anybody in
this body this great need here to help with the mental health needs of
so many of our veterans.
{time} 2220
VA performance awards. The bill prohibits all performance awards for
VA senior executives. This was in response to multiple Member requests
to restrict bonuses of various types at the VA. I understand this is
controversial. But given the horrendous mismanagement that we have seen
at many of the VA facilities across the country, we were compelled to
send a strong message about accountability. The prohibition we included
has passed as a floor amendment several years in a row, so that is why
it is included in the base bill this year.
I will tell you that we have, obviously, many great and wonderful
employees at the VA who are doing their best every day to provide for
our veterans, whether it is through benefits or through the health
system or on their educational needs, so I wanted to make sure that we
make that point. But there is a need for some accountability, and that
is why we had to insert this particular provision.
We have received some unfounded criticism from the administration for
the actions that we have taken. The administration may not be happy
with any change to its budget proposal. But this bill provides very
generous funding that adheres to the law and our responsibility to
practice fiscal responsibility.
Overall, with this bill and the funds that were provided in advance
last year, for fiscal year 2017, the VA will have available 98 percent
of what it asked for--98 percent of what they asked for is provided. I
would wager that there won't be another Department in that enviable
position. This shows the level of commitment we have to our veterans
and their families. I think that should be noted. So despite any
criticism, we should all be proud of this bill and what we have done in
it.
Let me tell you, I can say with absolute certainty, the VA's problems
stem from poor management and not too little money. We continue to push
for better management, and the Secretary has replaced most of the
senior managers at headquarters and in the field.
So many VA employees, as I mentioned earlier, are deeply committed--
overwhelmingly, they are committed--to the veteran. They are talented,
and they work very hard. I have met these folks, and I appreciate them
very much. I visit with them in eastern Pennsylvania on a regular basis
and in south central Pennsylvania.
But the ``corrosive culture'' that has been cited at the VA remains
the root of VA's problem.
I want to briefly discuss the Choice Act or, as we call it, the
VACAA, a little bit. I, and probably all of you, fully support the
Choice Act, and want veterans to have access to quality health care at
a convenient location for them. Veterans want to be served. They want
to be taken care of in the communities where they live. It is better
for the veteran. It is better for the family. And we want to make sure
our veterans have access to some of the finest health care institutions
in the world that may not be part of the VA system. We need to do that.
The Choice Act was so popular that it brought a lot of demand to the
VA, and the VA has been spending both Choice Act funds and
discretionary funds to meet the increased demand.
The Choice Act expires at the end of fiscal year 2017, and its
funding is being depleted sooner than that. Some of the Choice programs
are already out of money, and others will be out of money halfway
through the year.
For example, the Choice Act hires of medical professionals to cut the
backlog of appointments runs out of funds to pay those people halfway
through the year. We--and when I say we, that is discretionary
appropriations--are picking up a $600 million tab to pay them through
the end of fiscal year 2017. It is the right thing to do, but it is not
something that we had planned for.
There will be unprecedented and massive demands on the discretionary
side to continue programs started with a $15 billion surge of emergency
funding a few years ago through the VACAA. That is a huge issue for
fiscal year 2018. Right now, it is incumbent on Congress to reform VA
health care with a responsible plan that meets the needs of veterans in
a sustainable manner, and I hope that we can take that matter very
seriously. It will be a huge issue next year, and it is an issue
already this year.
With respect to the related agencies, we fund the American Battle
Monuments Commission, the Armed Forces Retirement Home, Arlington
National Cemetery, and the U.S. Court of Appeals for Veterans at the
requested funding levels, which total $241 million.
In closing, this is a very solid, bipartisan bill that is focused on
the needs of servicemembers, veterans, and, most especially, all their
families. We are $1.8 billion over the fiscal year 2016 level. That is
more than a 2 percent increase. We have provided for our military and
veterans to the very best level we can in a manner that is fiscally
responsible and consistent with the budget agreement we enacted into
law last year.
Did we fund every last dime requested? No. But 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 will do a lot of good with this bill. It is fair. It is balanced.
It is generous.
[[Page H2815]]
And on behalf of our servicemembers, military families, and veterans, I
urge support for this legislation. Let's take care of those who have
sacrificed for our country.
Again, I would like to thank everybody for their help and support
along the way with this bill, both all of the Members and staff.
I reserve the balance of my time.
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[[Page H2821]]
Mr. BISHOP of Georgia. Mr. Chair, I yield myself such time as I may
consume.
I would like to begin by thanking Mrs. Lowey and Mr. Rogers, who
serve as the distinguished ranking member and chairman of the full
committee, and, of course, Chairman Dent, my colleague, on the Military
Construction, Veterans Affairs, and Related Agencies Subcommittee. I
couldn't have a better, more collaborative partner in support of our
military and our veterans, and I really appreciate the collegiality.
And certainly I want to thank our staff. From the minority staff, I
would like to thank Matt Washington, as well as Mike Reed and Mike
Calcagni from my personal office. From the majority committee staff, I
would like to thank Maureen Holohan, Sue Quantius, Sarah Young, Tracey
Russell, and Sean Snyder from Chairman Dent's office.
As you all know, this bill has a strong history.
Before I begin, I really also want to share the comments and the
accolades and salutations for our colleague from California, Sam Farr,
who is retiring from the committee; and this, of course, will be his
last MILCON/VA bill. He has been a longstanding member of this
committee, very insightful, compassionate, and pragmatic. We are
certainly going to miss Sam with his valuable, valuable contributions.
I would like to point out that this bill has a strong history of
finding common ground and bipartisan support across the aisle to
provide resources for our men and women in uniform who have chosen to
serve and to protect our great Nation's way of life and our individual
freedoms.
With this bill, we fund military construction projects in the
Department of Veterans Affairs to the benefit of our soldiers, sailors,
airmen, and marines, both past and present.
For those who have given so much of themselves, we owe a great deal.
So let me start our consideration of the Military Construction and
Veterans Affairs appropriations bill by recognizing those in our
military who cannot be with us here tonight as they serve across the
globe. Thank you for your service.
The account taking care of the construction of military facilities is
provided $7.7 billion, an increase of $250 million above the fiscal
year 2017 budget request. Overall, the Department of Veterans Affairs
is funded at $73.5 billion, which is $2.5 billion above the FY16-
enacted level, and $1.4 billion below the FY17 request.
I am pleased with several aspects of the bill. As we saw throughout
the markup process, the bill provides robust funding for our military
construction and provides adequate funding for both active and reserve
military forces.
I was pleased that the bill provides $25 million above the FY17
budget request to help speed up the cleanup of former Department of
Defense sites.
For too long, we have been waiting for an end to the tunnel for the
electronic health records integration between the Department of Defense
and the VA. To strengthen oversight on the issue, I am pleased to see
the bill maintains tough, but fair, reporting requirements for the
electronic health records endeavor. To better serve those veterans
shortchanged for too long, the bill continues to prioritize the
elimination of the VA's claims backlog and includes healthy funding for
the Board of Veterans' Appeals, though I am concerned with the proposed
reforms to the BVA.
{time} 2230
Nonetheless, I believe these are positive steps that are necessary to
ensure that the VA continues to improve its service for our veterans.
Mr. Chair, while the MILCON-VA bill has many positive attributes, one
item I am not particularly pleased about is the inclusion of bill
language that limits performance awards. As I have stated for the past
3 years, this language will not provide a short-term solution and, in
fact, may have long-term consequences, compounding the very problem
that it attempts to address. All this language will do is make the VA a
less attractive option than other agencies when it comes to recruiting
and retaining quality executive leaders, resulting in the Department's
not having the very talent that it needs to solve the problems it faces
today. This is an issue that must be addressed as we move through this
process.
Turning away from the bill for a second, our committee was off to a
very fast start. However, because of the budget resolution impasse, we
have had to wait a month for the MILCON-VA bill to be able to come to
the floor. As a result, we will not be able to get back to regular
order this year, and with roughly 45 days left in the legislative
calendar, it will be nearly impossible to fulfill our obligation to the
American people and pass all 12 bills through the House. We are in this
situation because an upset, small minority of the House wants to
revisit issues that were already decided and acted upon by a bipartisan
majority of both Houses and signed into law by the President.
That being said, I applaud Chairman Rogers for honoring the
allocation the bipartisan budget agreement set for fiscal year 2017.
The BBA will have to suffice until we can get past these unrealistic
beliefs that we can cut our way to prosperity.
As we are all aware of our level of discretionary resources this
year, it will be tough, especially tough for this subcommittee, because
our bill advances funds to the medical services account. While we start
out in the hole every year, the VA's annual second bite of the apple
makes balancing the needs of nonmedical VA services with other Federal
agencies that much more difficult. As I have said numerous times, we
must be more strategic about how we handle our Federal budget.
Mr. Chair, would I have done some things differently? Of course, but
here we are.
Nevertheless, with reservations, I urge my colleagues to defeat any
poison pill amendments and move to support this bill to fund the
construction of military facilities and strive to improve the quality
of life and the care afforded to current servicemembers, to our
veterans, and to our military families.
Mr. Chair, I reserve the balance of my time.
Mr. DENT. Mr. Chair, I yield such time as he may consume to the
gentleman from Kentucky (Mr. Rogers), the distinguished chairman of the
full committee.
Mr. ROGERS of Kentucky. I thank the chairman for yielding the time.
Mr. Chair, I rise tonight to support this first bill of the 2017
appropriations cycle. Shepherding through appropriations legislation is
the constitutional duty of the Congress, and so here we go.
The passage of these bills in a timely fashion is in the best
interest of the Nation. It will help provide for our national security,
the stability of our economy, and give certainty to all Americans who
count on the Federal Government's programs and services. I believe this
bill, in particular, starts off this process on the right foot.
H.R. 4974 is a balanced, bipartisan piece of legislation that
provides critical funding for our troops, their families, and our
veterans. We have made a commitment to our servicemen and -women that
we will care for them during and after their service, and this bill
helps fulfill that promise.
In total, as you have heard, the bill provides $81.6 billion in
discretionary funding for the Department of Defense infrastructure and
quality-of-life programs as well as for the Department of Veterans
Affairs. This represents a $1.8 billion increase above current levels.
This increase is directed to Veterans Affairs programs, which receive a
3 percent bump above fiscal year 2016 levels.
Of the total $73.5 billion for the Department of Veterans Affairs,
$52.5 billion will support the VA's medical services, which is funding
that will treat some 7 million patients this year. In particular, I
want to highlight funding increases that will address mental health
care, suicide prevention, hepatitis C treatment, and homelessness. The
increase will also help the VA tackle some of its greatest challenges--
reducing the disability claims backlog and continuing the modernization
of the electronic health records system to ensure no gaps in care occur
as our current troops become veterans.
This bill also provides funding to support our Active Duty military
and their families whether they are at home or abroad. Funding for
hospitals, educational facilities, and housing tells our servicemembers
that they have the full backing of their government as they lay their
lives on the lines for this
[[Page H2822]]
Nation. Beyond these quality-of-life programs, military construction
funding is prioritized to respond to threats around the globe,
including Russia, the Middle East, and North Africa.
While overall funding is increased in the bill, the committee took
many steps to ensure that every cent of taxpayers' money is spent
responsibly and with good purpose. We made difficult decisions to find
savings wherever possible. The bill also includes good-government
provisions that increase oversight for the VA, helping to stop waste
and improve service for our veterans.
Mr. Chair, this is a very good bill, one I am proud to support. I
want to thank the chairman of the subcommittee, Congressman Dent, for
his leadership. I want to thank the ranking member, Mr. Bishop, and the
rest of the subcommittee for their teamwork and their effort in
bringing the bill to the floor today.
Lastly, I join the chair and ranking member in thanking the staff for
the many hours they put in helping to usher this bill to the floor
today. Caring for our troops and veterans is a great responsibility,
and the subcommittee and our staff have not taken that responsibility
lightly.
I urge my colleagues to support this bill. It is balanced; it is
responsible; and it needs to be passed.
Mr. BISHOP of Georgia. Mr. Chair, I yield 5 minutes to the
gentlewoman from New York (Mrs. Lowey), the distinguished ranking
member of the Committee on Appropriations.
Mrs. LOWEY. I thank the distinguished ranking member of this
committee, Mr. Sanford Bishop, for that very generous introduction.
I would like to thank my good friend on the other side of the aisle,
Chairman Dent from the neighboring State of Pennsylvania, for his good
work and the partnership that he has made to make this an excellent
bill. I also want to thank Chairman Rogers for his leadership and, of
course, for the hard work of the committee members on both sides of the
aisle who are so critical to this process.
Mr. Chair, the fiscal year 2017 Military Construction-Veterans
Affairs bill would allocate $81.6 billion in discretionary funding--
$1.2 billion less than the fiscal year 2017 budget request and a $1.8
billion increase above the fiscal year 2016 enacted level--and allow
for several critical improvements, including: the further reduction of
the veterans' claims backlog, which has dropped from 600,000 to 74,000
in the past 2 years; $7.8 billion to support outreach, prevention, and
awareness to reduce unacceptably high levels of suicide and other
mental health challenges among our veterans; a greater focus on the
gender-specific needs of female veterans, including prosthetics
designed for women and enhancing access to both medical health
services; a $32 million increase for medical and prosthetic research;
$1.3 billion for family housing construction; and strong oversight of
the electronic health records system, requiring that the VA meet key
benchmarks throughout the fiscal year and improve interoperability with
the Department of Defense.
{time} 2240
Mr. Speaker, as I close, I want to again congratulate Chairman Dent
and Ranking Member Bishop for you are truly outstanding in making this
a good, bipartisan bill.
Mr. DENT. Mr. Chair, I yield 2 minutes to the gentleman from Arkansas
(Mr. Hill).
Mr. HILL. Mr. Speaker, I rise in support of the bill. Over the past
few years, we have seen mismanagement, cost overruns, and project
delays at our Veterans Affairs facilities and hospitals across this
country.
While the biggest construction failures are the ones that have
gathered the headlines, such as the billion-dollar cost overrun in
Colorado, the VA has a knack for dropping the ball on simple and
smaller projects as well. One of these is an $8 million ongoing solar
panel project at the VA Medical Center in Little Rock. It has been 3
years since the planned activation of the system. However, engineering
changes and the relocation of the panels to make way for a new parking
garage, which was even known in advance of the award, has cost valuable
taxpayer resources.
Last year, I sent a letter, along with Senator John Boozman, to the
VA Office of the Inspector General calling for an investigation into
this solar panel project, which resulted in the VA Inspector General
conducting a national review of all the solar panel projects across the
VA.
While this review is being finalized, many questions remain
unanswered about these solar projects. Currently, the VA lists 34 key
renewable energy projects dating back to 2010 that remain
nonoperational.
Today's bill contains an important provision in the report language
that will protect the taxpayer dollars by prohibiting funding for solar
projects at the VA due to these concerns about the mismanagement in
these projects.
I am pleased that the committee has included this essential language
as we await the results from the VA Inspector General's investigation
into these costly projects.
This small piece is an important part of the overall reevaluation of
the VA's construction oversight and implementation that Congress has
developed and that taxpayers deserve.
Mr. BISHOP of Georgia. Mr. Speaker, I yield myself such time as I may
consume.
With reservations, I urge my colleagues to support this bill. I think
it is a bipartisan bill. It is a good bill. I think it is a good
product for what we had to work with.
I would like to urge my colleagues to support it, to fund the
construction of newer facilities, to strive to improve the quality of
life and the care that we give to our military, to our veterans, and to
our military families.
I yield back the balance of my time.
Mr. DENT. Mr. Speaker, I yield myself such time as I may consume.
I would like to conclude by saying that I want to thank everyone
again for their full cooperation on both sides of the aisle: Mr.
Bishop, Mrs. Lowey, and the entire team on their side, and Mr. Rogers
on our side, and all the members of the subcommittee on both sides.
This bill does provide for our veterans, our military, our
servicemembers, and their families. It is a very good bill. I urge its
adoption.
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. 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. 4974
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, 2017, 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, $503,459,000, to remain available until
September 30, 2021: Provided, That, of this amount, not to
exceed $98,159,000 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.
[[Page H2823]]
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,
$1,021,580,000, to remain available until September 30, 2021:
Provided, That, of this amount, not to exceed $88,230,000
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, $1,398,758,000, to
remain available until September 30, 2021: Provided, That of
this amount, not to exceed $143,582,000 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: Provided further,
That none of the funds made available under this heading
shall be for construction of the Joint Intelligence Analysis
Complex Consolidation, Phase 3, at Royal Air Force Croughton,
United Kingdom, unless authorized in an Act authorizing
appropriations for fiscal year 2017 for military
construction.
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, $2,024,643,000,
to remain available until September 30, 2021: 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 $201,422,000 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.
Amendment Offered by Mrs. Wagner
Mrs. WAGNER. Mr. Chair, I have an amendment at the desk.
The CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 4, line 20, after the dollar amount, insert ``(reduced
by $801,000) (increased by $801,000)''.
The CHAIR. Pursuant to House Resolution 736, the gentlewoman from
Missouri and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from Missouri.
Mrs. WAGNER. Mr. Chair, I thank Chairman Dent for letting me offer
this very important amendment. I thank my colleagues from the entire
Missouri delegation--Mr. Clay, Mr. Cleaver, Mr. Graves, Ms. Hartzler,
Mr. Long, Mr. Luetkemeyer, and Mr. Smith--for their steadfast support
and bipartisan cosponsorship.
This amendment is critical to meeting the current and future mission
requirements of the National Geospatial-Intelligence Agency and its
replacement West headquarters in north St. Louis.
This amendment allocates $801,000 for land and transfer acquisition
activities associated with acquiring the land for the headquarters,
conforming with the Senate's MILCON-VA bill.
After an exhaustive process, the NGA identified the north St. Louis
city site as a superior location because of its ability to provide the
most technological, academic, and professional environment for the
agency to develop the capabilities and solutions necessary to solve the
country's most vital intelligence and national security challenges.
Mr. Chair, the City of St. Louis is providing the land for this
project at no cost to the Federal Government. Its selection ensures
that NGA West's 70-year history in St. Louis continues and that the
2,000 NGA West employees who live in Missouri remain in close proximity
to the headquarters.
The St. Louis region has a proven track record in national defense
and technology capabilities that make it an ideal choice for NGA's new
home.
I ask that my colleagues vote in favor of this amendment to ensure
NGA West can continue to perform its critical role in our national
security within a community that understands its needs and strongly
supports its mission.
Mr. Speaker, I yield 2 minutes to the gentleman from Missouri's First
District (Mr. Clay).
{time} 2250
Mr. CLAY. Mr. Chair, I want to thank the gentlewoman from Missouri
(Mrs. Wagner) for yielding. I rise today in strong support of this
amendment as offered by Mrs. Wagner.
The National Geospatial-Intelligence Agency's decision to locate
their new western headquarters in north St. Louis was the right choice
to support their vital national security mission, the best decision for
the over 3,000 exceptional Federal employees who work there, and it
will transform a great Federal failure into a transformational Federal
success.
The misguided and shortsighted attempt to withhold funding from this
project not only is petty and parochial, it is completely irresponsible
because delaying this project would put our national security at risk.
NGA Director Robert Cardillo said it best in his message to his
employees on April 1.
Director Cardillo said: ``The future of our agency and our profession
rests on our present talent and that of the next generations we can
recruit onto our team. We face tough competition, and offering an
environment that appeals to these future generations is critical to our
success. Studies point to a desire by today's millennials to be in
urban environments, and this trend is expected to continue.''
He went on to say: ``Our partnership with industry and academia will
continue to grow and expand as we transform some of our work to a more
open, connected and transparent environment. Our ability to engage with
local universities and innovative, technology-based companies is
enhanced by remaining in St. Louis city. I am confident that we will
build a facility in St. Louis that will be a remarkable home for us to
master our craft and engage with our partners in a flexible,
technologically advanced environment that is enticing to current and
future generations.''
I urge my colleagues to support the gentlewoman's amendment.
Mrs. WAGNER. Mr. Chair, I reserve the balance of my time.
The CHAIR. Does any Member claim time in opposition?
Mrs. WAGNER. Mr. Chair, in closing, I just want to say that NGA chose
St. Louis because the location best supports the agency's mission.
The superiority of the urban setting is ideal for recruiting and
retaining a highly skilled workforce. When focusing on the most
technological, academic, and professional environment to ensure our
Nation's security, the NGA chose St. Louis. The decision has been made,
and my amendment supports the NGA's decision.
Mr. Chair, I thank the chairman and my colleague from the First
District of Missouri.
I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the
gentlewoman from Missouri (Mrs. Wagner).
The amendment was agreed to.
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,
$232,930,000, to remain available until September 30, 2021:
Provided, That, of the amount appropriated, not to exceed
$8,729,000 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.
[[Page H2824]]
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,
$143,957,000, to remain available until September 30, 2021:
Provided, That, of the amount appropriated, not to exceed
$10,462,000 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, $68,230,000, to remain
available until September 30, 2021: Provided, That, of the
amount appropriated, not to exceed $7,500,000 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, $38,597,000, to remain available until September 30,
2021: Provided, That, of the amount appropriated, not to
exceed $3,783,000 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, $188,950,000, to remain
available until September 30, 2021: Provided, That, of the
amount appropriated, not to exceed $4,500,000 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, $177,932,000, 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,
$200,735,000, to remain available until September 30, 2021.
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, $325,995,000.
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, $94,011,000, to remain available until September 30,
2021.
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, $300,915,000.
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,
$61,352,000, to remain available until September 30, 2021.
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, $274,429,000.
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, $59,157,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $3,258,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section
2883 of title 10, United States Code, providing alternative
means of acquiring and improving military family housing and
supporting facilities.
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),
$230,237,000, 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 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
[[Page H2825]]
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.
(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 $35,000 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: Provided
further, That the Under Secretary of Defense (Comptroller) is
to report annually to the Committees on Appropriations of
both Houses of Congress all operation and maintenance
expenditures for each individual general or flag officer
quarters for the prior fiscal year.
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 March 2011, 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), $25,000,000 are
hereby rescinded.
(rescission of funds)
Sec. 126. Of the unobligated balances available for
``Military Construction, Navy and Marine Corps'', 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),
$51,848,000 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),
$37,377,000 are hereby rescinded.
Sec. 128. For an additional amount for ``Military
Construction, Army'', $40,500,000, to remain available until
September 30, 2021: Provided, That such funds may only be
obligated to carry out construction projects, in priority
order, identified in the Department of the Army's Unfunded
Priority List for Fiscal Year 2017 submitted by the Secretary
of Defense to Congress: Provided further, That such funding
is subject to authorization prior to obligation and
expenditure of funds: Provided further, That, not later than
30 days after enactment of this Act, the Secretary of the
Army shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided
under this section.
Sec. 129. For an additional amount for ``Military
Construction, Navy and Marine Corps'', $293,600,000, to
remain available until September 30, 2021: Provided, That
such funds may only be obligated to carry out construction
projects, in priority order, identified in the Department of
the Navy's Unfunded Priority List for Fiscal Year 2017
submitted by the Secretary of Defense to Congress: Provided
further, That such funding is subject to authorization prior
to obligation and expenditure of funds: Provided further,
That, not later than 30 days after enactment of this Act, the
Secretary of the Navy shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section.
Sec. 130. For an additional amount for ``Military
Construction, Army National Guard'', $67,500,000, to remain
available until September 30, 2021: Provided, That such funds
may only be obligated to carry out construction projects, in
priority order, identified in the Department of the Army's
Unfunded Priority List for Fiscal Year 2017 submitted by the
Secretary of Defense to Congress: Provided further, That such
funding is subject to authorization prior to obligation and
expenditure of funds: Provided further, That, not later than
30 days after enactment of this Act, the Secretary of the
Army shall submit to the Committees on Appropriations of both
[[Page H2826]]
Houses of Congress an expenditure plan for funds provided
under this section.
Sec. 131. For an additional amount for ``Military
Construction, Army Reserve'', $86,500,000, to remain
available until September 30, 2021: Provided, That such funds
may only be obligated to carry out construction projects, in
priority order, identified in the Department of the Army's
Unfunded Priority List for Fiscal Year 2017 submitted by the
Secretary of Defense to Congress: Provided further, That such
funding is subject to authorization prior to obligation and
expenditure of funds: Provided further, That, not later than
30 days after enactment of this Act, the Secretary of the
Army shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided
under this section.
Sec. 132. For an additional amount for ``Military
Construction, Air Force'', $26,000,000, to remain available
until September 30, 2021: Provided, That such funds may only
be obligated to carry out construction projects, in priority
order, identified in the Department of the Air Force's
Unfunded Priority List for Fiscal Year 2017 submitted by the
Secretary of Defense to Congress: Provided further, That such
funding is subject to authorization prior to obligation and
expenditure of funds: Provided further, That not later than
30 days after enactment of this Act, the Secretary of the Air
Force shall submit to the Committees on Appropriations of
both Houses of Congress an expenditure plan for funds
provided under this section.
(rescission of funds)
Sec. 133. 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), $25,000,000 are hereby
rescinded.
Sec. 134. 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.
(rescission of funds)
Sec. 135. Of the unobligated balances available for ``NATO
Security Investment Program'', from prior appropriations 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), $30,000,000 are
hereby rescinded.
Sec. 136. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guantanamo Bay, Cuba.
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, $90,119,449,000, to remain available until expended and
to become available on October 1, 2017: Provided, That not to
exceed $17,224,000 of the amount made available for fiscal
year 2018 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, $13,708,648,000, to remain available
until expended and to become available on October 1, 2017:
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, $124,504,000, to remain available until expended, of
which $107,899,000 shall become available on October 1, 2017.
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 2017, 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, $167,612,000.
vocational rehabilitation loans program account
For the cost of direct loans, $36,000, 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
$2,517,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $389,000, 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, $1,163,000.
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; $850,000,000, which shall be in
addition to funds previously appropriated under this heading
that became available on October 1, 2016; and, in addition,
$44,886,554,000, plus reimbursements, shall become available
on October 1, 2017, and shall remain available until
September 30, 2018: Provided, That, of the amount made
available on October 1, 2017, under this heading,
$1,400,000,000 shall remain available until September 30,
2019: Provided further, 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} 2300
Amendment Offered by Mr. Gosar
Mr. GOSAR. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 29, line 6, after the dollar amount, insert
``(increased by $4,000,000)''.
Page 33, line 12, after the first dollar amount, insert
``(reduced by $5,500,000)''.
The CHAIR. Pursuant to House Resolution 736, 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
redirect scarce resources to important
[[Page H2827]]
mental health programs for our Nation's veterans.
At a hearing just last week entitled ``Combating the Crisis:
Evaluating Efforts to Prevent Veteran Suicide,'' Chairman Jeff Miller
stated that the latest data available from the VA reports that 22
veterans per day are committing suicide.
Last fiscal year, the VA General Administration account got a $15.68
million increase for more bureaucracy within the VA. This year, the
Obama administration has requested another $81 million increase for
that account.
The committee wisely chose not to provide funding for the majority of
the request in that bill, stating:
``It has doubts about the wisdom of establishing a large new office
with regional staffing at this late date in the administration.''
My amendment simply transfers a portion of the fiscal year 2016
increase for government bureaucrats to important mental health services
for our Nation's heroes returning from combat.
Traumatic brain injuries and post-traumatic stress disorder have been
consistently contributing to behavioral issues amongst our veterans;
and all too often, these ongoing mental health issues result in
suicide. With an average of 22 veteran suicides per day, more resources
are desperately needed.
While redirecting funds to where they are needed most, the
Congressional Budget Office also states that this amendment would save
money and reduce outlays. My amendment also helps bring the level of
funding in the bill for mental health closer to the administration's
requests for the fiscal year.
The VA doesn't need more money to hire more paper pushers. Instead,
let's appropriate that money to where and whom the VA was created for:
to serve and help improve the mental health of our Nation's heroes.
I applaud the committee for including my language that ensures the
Veterans Crisis Line will provide an immediate response from a trained
professional and for the resources already directed in this bill
towards mental health.
I ask my colleagues to support this commonsense amendment and help
ensure our veterans that are in need get the care they so earned.
Mr. Chair, I reserve the balance of my time.
Mr. DENT. Mr. Chairman, I claim the time in opposition, but I don't
oppose the amendment.
The CHAIR. Without objection, the gentleman from Pennsylvania is
recognized for 5 minutes.
There was no objection.
Mr. DENT. Mr. Chairman, I am certainly sympathetic to the intent of
the gentleman's amendment to increase funding for suicide prevention
outreach programs. Obviously, we all know this is a very serious
problem. These programs already received an 11 percent increase in our
bill, for a total of $164 million. So I do not oppose the amendment,
and I urge its adoption.
Mr. Chair, I yield back the balance of my time.
Mr. GOSAR. Mr. Chair, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Arizona (Mr. Gosar).
The amendment was agreed to.
Amendment Offered by Ms. Michelle Lujan Grisham of New Mexico
Ms. MICHELLE LUJAN GRISHAM of New Mexico. Mr. Chair, I have an
amendment at the desk.
The CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 29, line 6, after the dollar amount, insert ``(reduced
by $10,000,000) (increased by $10,000,000)''.
The CHAIR. Pursuant to House Resolution 736, the gentlewoman from New
Mexico and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from New Mexico.
Ms. MICHELLE LUJAN GRISHAM of New Mexico. Mr. Chair, we have a
provider shortage in this country, and it is only projected to get
worse. The Association of American Medical Colleges estimates that the
United States could face a shortage of 90,000 physicians by 2025.
One of the most common complaints I hear from veterans in Albuquerque
is that even with the flexibility they have to see outside providers
through the Veterans Choice Act, there just aren't enough providers--
especially behavioral health providers--to treat everyone who needs
care.
If trends continue, we will be without the workforce needed to treat
an aging population that will increasingly live with chronic health
care issues. The provider shortages hit rural, poor, and underserved
communities and states like New Mexico particularly hard.
According to the New Mexico Health Care Workforce Committee, every
single healthcare profession in New Mexico has a shortage of providers.
In fact, Los Alamos, New Mexico, is the only county in the entire State
without a shortage of primary health care providers. And primary care
physicians are four more times available in urban areas than in rural
New Mexico.
The result: longer waits, longer travel, patients not receiving the
care they need, and worse health outcomes.
We have to educate and recruit more providers, but that will not be
enough to keep up with growing demand. We have to do a better job at
leveraging the resources we have to put VA providers in the best
situation we can to provide quality and timely care to their patients.
The Department of Veterans Affairs, the largest healthcare system in
the United States, should be leading in using telehealth technology to
provide care and promote patient wellness.
The VHA's Home Telehealth Program is growing and provided 2.1 million
consultations to more than 677,000 veterans in 2015. But we can do much
more.
In a report last year, the VA Inspector General's office found that
the VA missed opportunities to serve additional patients with the Home
Telehealth Program, which could have ``potentially delayed the need for
long-term institutional care for approximately 59,000 additional
veterans.''
The VA Inspector General also found that ``telehealth patients showed
the best outcomes in terms of patient admissions and bed days of
care.''
It also saves money. Using telehealth instead of placing a veterans
in a contract nursing home facility saves approximately $92,000 a year,
and the veteran gets to stay independently at home.
The VA should follow models such as the University of New Mexico's
Project ECHO and think creatively about sharing expertise among
specialists, primary care physicians, and medical centers to ensure
patients in underserved communities get the care they need.
{time} 2310
Mr. Chairman, the VA should increase its focus on programs that are
proven to improve clinical outcomes and expand access to care while
reducing treatment costs.
I urge Members to support my amendment to prioritize funding for the
VA Home Telehealth Program.
Mr. Chairman, I yield back the balance of my time.
Mr. DENT. Mr. Chairman, I claim time in opposition, but I do not
oppose the amendment.
The CHAIR. Without objection, the gentleman from Pennsylvania is
recognized for 5 minutes.
There was no objection.
Mr. DENT. Mr. Chairman, I share the gentlewoman's concern about the
importance of telehealth as a way to provide healthcare services
remotely to patients. It is especially useful in the treatment of
mental health and behavioral health issues.
The VA is a leader in telehealth activities, providing 2.1 million
consultations to more than 677,000 veterans in 2015, many of whom were
in rural areas. VA funding for telehealth will total almost $1.2
billion in fiscal year 2017.
I do not oppose the amendment. I urge its adoption.
Mr. BISHOP of Georgia. Will the gentleman yield?
Mr. DENT. I yield to the gentleman from Georgia.
Mr. BISHOP of Georgia. I thank the gentleman for yielding.
Mr. Chairman, I come from a very rural district as well, and I
understand the importance of access to quality care.
I agree that we need to train and recruit more health professionals.
In the meantime, I agree that telemedicine is a great tool to help deal
with the shortage of health professionals.
[[Page H2828]]
So I support this amendment, and I urge all of the Members to do so.
It will do a great deal toward helping to bring access to care to our
veterans in rural communities.
Mr. DENT. Mr. Chairman, I yield back the balance of time.
The CHAIR. The question is on the amendment offered by the
gentlewoman from New Mexico (Ms. Michelle Lujan Grisham).
The amendment was agreed to.
The CHAIR. The Clerk will read.
The Clerk read as follows:
medical community care
For necessary expenses for furnishing health care to
individuals pursuant to chapter 17 of title 38, United States
Code, at non-Department facilities, $7,246,181,000, plus
reimbursements, to be derived from amounts appropriated in
title II of division J of Public Law 114-113 under the
headings ``Medical Services'', ``Medical Support and
Compliance'', or ``Medical Facilities'' which became
available on October 1, 2016; and, in addition,
$9,409,118,000 shall become available on October 1, 2017, and
shall remain available until September 30, 2018: Provided,
That, of the amount made available on October 1, 2017, under
this heading, $1,500,000,000 shall remain available until
September 30, 2019.
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.), $6,654,480,000, plus reimbursements,
shall become available on October 1, 2017, and shall remain
available until September 30, 2018: Provided, That, of the
amount made available on October 1, 2017, under this heading,
$100,000,000 shall remain available until September 30, 2019.
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, $5,434,880,000, plus
reimbursements, shall become available on October 1, 2017,
and shall remain available until September 30, 2018:
Provided, That, of the amount made available on October 1,
2017, under this heading, $250,000,000 shall remain available
until September 30, 2019.
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, $663,366,000,
plus reimbursements, shall remain available until September
30, 2018.
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, $271,220,000, of which not
to exceed $26,600,000 shall remain available until September
30, 2018.
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 $10,000,000 shall remain available until
September 30, 2018: Provided, That funds provided under this
heading may be transferred to ``General Operating Expenses,
Veterans Benefits Administration''.
Amendment Offered by Mr. Keating
Mr. KEATING. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 33, line 12, after the first dollar amount, insert
``(reduced by $1,500,000) (increased by $1,500,000)''.
The CHAIR. Pursuant to House Resolution 736, the gentleman from
Massachusetts and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Massachusetts.
Mr. KEATING. Mr. Chairman, I thank Chairman Dent and Ranking Member
Bishop for their work on this appropriations bill, and for their
cooperation with this amendment.
I rise today to offer an amendment that will support a requirement of
VA prescribers to complement a continuing medication course in pain
management.
Nationally, about 30 percent of Americans have some form of chronic
pain. However, the percentage of veterans who report chronic pain is
significantly higher. Over 50 percent of elderly veterans report
chronic pain as do almost 60 percent of veterans returning from the
conflict in the Middle East.
In fact, chronic pain is the most common medical problem experienced
by returning combat veterans in the last decade.
Of course, pain is not a stand-alone problem. Pain is something we
see as a consequence of physical injury, and sometimes that physical
injury leads to co-occurring mental health ailments.
We are increasingly more aware of the mental health consequences
stemming from time in combat. Veterans with brain trauma are more
likely to report physical pain and, in turn, are more likely to receive
prescriptions for opioids.
Recent VA data shows us that roughly 523,000 veterans are receiving
prescriptions for opioids, and the number of veterans with opioid use
disorders has grown 55 percent over the past 5 years. Veterans are
twice as likely to overdose on prescription opioids as the general
population.
We are very fortunate to live in a time where quality care can be
offered to our military personnel, and it is unparalleled. Now we need
to do our part to help these heroes manage their chronic pain in the
safest manner possible.
Last month I introduced the Safe Prescribing for Veterans Act, which
will help those who provide healthcare services to veterans learn the
latest pain management techniques, understand safe prescribing
practices, and spot the signs of potential substance use disorders.
This act works by directing healthcare providers from the VA to take
continuing education courses specific to pain management, opioids, and
substance abuse.
VA healthcare providers already need continuing education to maintain
their State-issued professional licenses, and my bill makes sure they
spend some of the already-required time learning about safe opioid
prescribing practices.
The bill does not add to the total number of credits that prescribers
already have to take, it just insists that they spend their time on
this important issue.
Only 14 States require their physicians to take pain management
education credits. My constituents are fortunate in Massachusetts
because we are 1 of the 14 States that ask its doctors to complete pain
management training.
However, even our neighboring States do not have the mandatory pain
management requirements. Veterans in my district, especially those in
the South Coast, often find it easy to receive their health care at VA
hospitals in Rhode Island. As of now, there is no guarantee that the
doctors they see in Providence have taken the same pain management
education courses.
I rise before you today in an effort to give our veterans that
guarantee.
I urge my colleagues to join me in support of this amendment to
ensure our veterans receive the care they deserve.
Mr. Chairman, I reserve the balance of my time.
Mr. DENT. Mr. Chairman, I claim the time in opposition, but I am not
opposed to the amendment.
The CHAIR. Without objection, the gentleman from Pennsylvania is
recognized for 5 minutes.
There was no objection.
Mr. DENT. Mr. Chairman, the gentleman is addressing a problem that
many Members have contacted us about, the long delays that community
practitioners are experiencing in being paid by VA for their care for
veterans.
Our report requires VA to provide comprehensive information detailing
[[Page H2829]]
the reimbursements owed to providers in each State and the amounts of
invoices that are more than 6 months overdue.
GAO just released a report with alarming data about VA's significant
problems in managing prompt payment to outside providers. I am sure
that we will revisit this issue in conference, and we will welcome any
suggestions the gentleman has for us.
I have no objection to this amendment and urge its adoption.
Mr. Chairman, I yield back the balance of my time.
Mr. KEATING. Mr. Chairman, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Massachusetts (Mr. Keating).
The amendment was agreed to.
Amendment Offered by Mr. Clawson of Florida
Mr. CLAWSON of Florida. Mr. Chairman, I have an amendment at the
desk.
The CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 33, line 12, after the first dollar amount, insert
``(reduced by $5,000,000)''.
Page 35, line 1, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 35, line 8, after the dollar amount, insert
``(increased by $5,000,000)''.
The CHAIR. Pursuant to House Resolution 736, the gentleman from
Florida and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Florida.
Mr. CLAWSON of Florida. Mr. Chairman, I thank Chairman Dent; full
respect for what he does and, more importantly, how he does it. Agree
or disagree, the gentleman does it the right way, and I appreciate his
leadership style.
Mr. Chairman, thank you for the opportunity to offer my amendment to
the Military Construction, Veterans Affairs, and Related Agencies
Appropriations bill.
May 30 is Memorial Day, a day we set aside to recognize the
tremendous debt of gratitude for those who have selflessly sacrificed
for our liberties.
From constituent discussions in my district, I am acutely aware that
customer service for our vets often falls short of the mark. Far too
many of our vets, I am told, simply do not receive timely responses to
their healthcare questions. We can do better.
My amendment, which I am proposing, is directed at improving customer
service problems by improving the information technology at VA
facilities.
My amendment would enhance veterans' customer service experiences by
funding improved, service-based, commoditized technology and
telecommunications.
{time} 2320
For this, my amendment would add $5 million to the information
technology systems account, specifically the funding directed at the
development, modernization, and enhancement of the current IT
infrastructure.
In the proposed budget, this account is currently funded at $4.23
billion, $50 million short of the President's budget request of $4.28
billion in this area. My amendment would offset this $5 million by
reducing the general administration account, currently funded at $336
million. The redirected $5 million would be used in acquiring new
technologies to provide more acceptable customer satisfaction and
delivery measures.
I am the proud son of a veteran who served overseas. In my role in
Congress, it is a great honor and privilege to serve over 100,000
veterans who call my district home. We all know vets--friends,
neighbors, family, and, in my case, a nephew just returning from
Afghanistan and a father who served a long time ago. Let's do right by
these brave folks by improving their customer service and response.
Mr. Chairman, I yield back the balance of my time.
Mr. DENT. Mr. Chairman, I claim the time in opposition, but I do not
oppose the amendment.
The CHAIR. Without objection, the gentleman from Pennsylvania is
recognized for 5 minutes.
There was no objection.
Mr. DENT. Mr. Chairman, I certainly know the gentleman from Florida
is very committed to improving veterans' experiences when they deal
with the VA, and modernizing infrastructure is certainly an important
part of that. I have no objection to the amendment, and I certainly
appreciate the gentleman's deep commitment given his own father's
experience in our Armed Forces. We thank him for that service.
Again, I have no objection to this amendment, and I urge its
adoption.
I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Florida (Mr. Clawson).
The amendment was agreed to.
Amendment Offered by Mr. Keating
Mr. KEATING. Mr. Chair, I have an amendment at the desk.
The CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 33, line 12, after the first dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
The CHAIR. Pursuant to House Resolution 736, the gentleman from
Massachusetts and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Massachusetts.
Mr. KEATING. Mr. Chairman, again I would like to thank Chairman Dent
and Ranking Member Bishop for their work on this bill and their
cooperation on this amendment.
I rise today to offer a straightforward amendment that will improve
our understanding of the causes of delays within the Veterans Choice
Program. The Veterans Choice Program was implemented to address delays
in patient care at the Veterans Administration. However, as of April of
this year, data from the VA showed that the number of veterans waiting
more than 30 days for an appointment was actually higher than when the
Veterans Choice Program was initiated.
The well-intentioned and necessary program was initiated and
acknowledged. The fact is the Veterans Choice Program was cobbled
together very quickly given the time constraints. This led to excessive
privatization and contracting through third parties, which has
contributed to frequent delays, and we are seeing these delays even
today.
In my district alone, I have spoken with numerous veterans who live a
great distance from VA medical facilities, such as the islands of
Martha's Vineyard and Nantucket. My constituents rely heavily on
accessibility to non-VA doctors the Veterans Choice is intended to
provide.
Further, an oft cited problem with Veterans Choice is the lack of
clear communications regarding the eligibility requirements of the
program to both veterans and non-VA providers. Understanding the
obstacles around efficient scheduling of appointments of veterans and
swift reimbursement for providers would serve as a crucial first step
in resolving some of the issues that the Choice Program faces. Without
this understanding, the program itself really isn't beneficial.
That is why I am offering this amendment, to advocate for redirected
funding toward finding a solution to the delays and the communication
errors plaguing implementation of Veterans Choice.
I have no doubt whatsoever that every Member of Congress here agrees
that our veterans deserve the very best possible care in a timely
manner. Ultimately, this amendment is meant to assist the VA in
identifying why these delays are occurring and to help recommend
solutions.
I want to thank the chairman again.
Mr. Chairman, I reserve the balance of my time.
Mr. BISHOP of Georgia. Mr. Chairman, I move to strike the last word.
The CHAIR. The gentleman is recognized for 5 minutes.
Mr. BISHOP of Georgia. Mr. Chairman, I agree with the gentleman from
Massachusetts that we need to take a serious look at the Choice
Program. VA's most recent data show, compared to the last year, there
are now 70,000 more appointments that kept a veteran waiting at least a
month to get care. Furthermore, a March General Accounting Office
report showed that the Choice Program had little impact on getting
veterans to see a primary care physician in 30 days.
Thousands of veterans referred to the program are returning to the VA
for care, sometimes because the program could not find a doctor for
them and because the private doctor they were told to see was too far
away according
[[Page H2830]]
to VA data. In fact, VA's own inspector general found that in Colorado,
veterans were waiting longer than 30 days for care because staff at the
local VA hospital was not adding them to the list of patients eligible
for the Choice Program, let alone slow reimbursements.
Two years ago, Congress was hearing about the VA concealing wait
times at VA hospitals and clinics and about the veterans who were
suffering as a result. We were forced to act quickly in this crisis. I
believe that Congress will have to revamp the Choice Program to make
sure that it is doing what Congress intended for it to do. We are going
to need an honest assessment from the VA.
Mr. Chairman, I urge all Members to support this amendment.
I yield back the balance of my time.
Mr. DENT. Mr. Chairman, I claim the time in opposition to the
amendment, but I do not oppose the amendment.
The CHAIR. Without objection, the gentleman from Pennsylvania is
recognized for 5 minutes.
There was no objection.
Mr. DENT. I will just say very briefly, Mr. Chairman, I know the
gentleman is very interested, as we all are, in finding ways to ensure
that the VA healthcare providers receive up-to-date and comprehensive
training in the proper use of pain management medications. So many of
our veterans struggle with chronic pain, and we have seen the tragic
consequences of overprescription of opioids as a method of treatment.
I appreciate the gentleman's interest and his advocacy. I have no
objections to gentleman's amendment, and I urge adoption.
I yield back the balance of my time.
Mr. KEATING. Again, Mr. Chairman, I thank the chairman and ranking
member.
I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Massachusetts (Mr. Keating).
The amendment was agreed to.
The CHAIR. The Clerk will read.
The Clerk read as follows:
board of veterans appeals
For necessary operating expenses of the Board of Veterans
Appeals, $156,096,000, of which not to exceed $15,610,000
shall remain available until September 30, 2018.
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, $2,826,160,000: 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 $141,000,000
shall remain available until September 30, 2018.
Amendment Offered by Mr. Ruiz
Mr. RUIZ. Mr. Chair, I have an amendment at the desk.
The CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Page 34, line 5, after the dollar amount, insert ``(reduced
by $5,000,000) (increased by $5,000,000)''.
The CHAIR. Pursuant to House Resolution 736, 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 rise today to offer an amendment to H.R.
4974, the Military Construction and Veterans Affairs and Related
Agencies Appropriations Act for 2017.
My amendment will help reduce the VA's claims backlog and help
improve the lives of our veterans. California is home to 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.
We must ensure that our veterans 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 Affairs
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 351,676 benefit
claims, and 74,589 of those veterans have been waiting longer than 125
days for a decision.
{time} 2330
We owe it to our courageous men and women to clear this harmful
backlog as soon as possible. Reduced to a claim number in a seemingly
endless line, our 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 their hard-earned benefits as soon as possible.
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 towards the digital
scanning of health and benefits 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 continued
bureaucratic rejection 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, ultimately
ensuring veterans receive the benefits they have earned in a timely
manner. We must serve our veterans 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 the veterans' claims processing time.
Mr. Chairman, I yield back the balance of my time.
Mr. DENT. Mr. Chairman, I claim the time in opposition, although I do
not oppose the amendment.
The CHAIR. Without objection, the gentleman from Pennsylvania is
recognized for 5 minutes.
There was no objection.
Mr. DENT. Mr. Chairman, on the VA claims backlog, we have fully
funded the President's request.
I have no objection to the amendment, and I am prepared to support
it.
I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from California (Mr. Ruiz).
The amendment was agreed to.
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, $4,220,869,000, plus reimbursements: Provided,
That $1,247,548,000 shall be for pay and associated costs, of
which not to exceed $36,300,000 shall remain available until
September 30, 2018: Provided further, That $2,502,052,000
shall be for operations and maintenance, of which not to
exceed $177,900,000 shall remain available until September
30, 2018: Provided further, That $471,269,000 shall be for
information technology systems development, modernization,
and enhancement, and shall remain available until September
30, 2018: 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
[[Page H2831]]
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
amounts made available under this heading for operations and
maintenance and information technology systems development,
modernization, and enhancement, not more than a total amount
of $168,113,000 shall be available for VistA Evolution or any
successor: Provided further, That none of the funds made
available by the preceding proviso may be obligated or
expended for such program or any successor until the
Secretary of Veterans Affairs: (1) certifies to the
Committees on Appropriations of both Houses of Congress that
the Department of Veterans Affairs has deployed modernized
electronic health record software supporting clinicians of
the Department of Veterans Affairs and the Department of
Defense no later than December 31, 2016, while ensuring
continued support and compatibility with the interoperability
platform and full standards-based interoperability, as
stipulated by the National Defense Authorization Act of
Fiscal Year 2014 (Public Law 113-66); (2) submits to the
Committees on Appropriations of both Houses of Congress the
VistA Evolution Business Case and supporting documents
regarding continuation of VistA Evolution or alternatives to
VistA Evolution, including an analysis of necessary or
desired capabilities, technical and security requirements,
the plan for modernizing the platform framework, and all
associated costs; and (3) submits to the Committees on
Appropriations of both Houses of Congress, and such
Committees approve, the following: a report that describes a
strategic plan for VistA Evolution, or any successor, and the
associated implementation plan including metrics and
timelines; a master schedule and lifecycle cost estimate for
VistA Evolution or any successor; and an implementation plan
for the transition from the Project Management Accountability
System (PMAS) to the new project delivery framework (the
Veteran-focused Integration Process (VIP)) that includes the
methodology by which projects will be tracked, progress
measured, and deliverables evaluated: 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.), $160,106,000, of which not to exceed $14,800,000 shall
remain available until September 30, 2018.
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,
$528,110,000, of which $494,310,000 shall remain available
until September 30, 2021, and of which $33,800,000 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
contracting officers who manage specific major construction
projects, and funds provided for the purchase of land,
security, and maintenance 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 2017, for each
approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2017; and
(2) by the awarding of a construction contract by September
30, 2018: 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: Provided further, That, of the amount made available
under this heading, $222,620,000 for Veterans Health
Administration major construction projects shall not be
available until the Department of Veterans Affairs--
(1) enters into an agreement with an appropriate non-
Department of Veterans Affairs Federal entity to serve as the
design and/or construction agent for any Veterans Health
Administration major construction project with a Total
Estimated Cost of $100,000,000 or above by providing full
project management services, including management of the
project design, acquisition, construction, and contract
changes, consistent with section 502 of Public Law 114-58;
and
(2) certifies in writing that such an agreement is executed
and intended to minimize or prevent subsequent major
construction project cost overruns and provides a copy of the
agreement entered into and any required supplementary
information to the Committees on Appropriations of both
Houses of Congress.
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, $372,069,000, to remain available until September 30,
2021, 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 2017 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 2017, in this or any other
Act, under the ``Medical Services'', ``Medical Community
Care'', ``Medical Support and Compliance'', and ``Medical
Facilities'' accounts may be transferred among the accounts:
Provided, That any transfers among the ``Medical Services'',
``Medical Community Care'', 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 among the ``Medical
Services'', ``Medical Community Care'', and ``Medical Support
and Compliance'' accounts in excess
[[Page H2832]]
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.
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 2016.
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 2017, 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 2017 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 2017 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 $47,668,000 for the Office of Resolution Management
and $3,532,000 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 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. 212. 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. 213. 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. 214. 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 the ``Medical
Services'' and ``Medical Community Care'' accounts to remain
available until expended for the purposes of these accounts.
Sec. 215. 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. 216. 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. 217. None of the funds made available in this title
may be used to implement any policy prohibiting the Directors
of the Veterans Integrated Services Networks from conducting
outreach or marketing to enroll new veterans within their
respective Networks.
Sec. 218. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress a report on the financial status of the Department
of Veterans Affairs for the preceding quarter: Provided,
That, at a minimum, the report shall include the direction
contained in the explanatory statement described in section 4
in the matter preceding division A of the Consolidated
Appropriations Act, 2016, P. L. 114-113 in title II of
Division J of the consolidated Act in the paragraph entitled
``Quarterly Report'', under the heading ``General
Administration''.
(including transfer of funds)
Sec. 219. Amounts made available under the ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``General Operating
Expenses, Veterans Benefits Administration'', ``General
Administration'', and ``National Cemetery Administration''
accounts for fiscal year 2017 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.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2017 for ``Medical
Services'', ``Medical Support and Compliance'', ``Medical
Facilities'', ``Construction, Minor Projects'', and
``Information Technology Systems'', up to $274,731,000, plus
reimbursements, may be
[[Page H2833]]
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:
Provided further, That section 223 of title II of Division J
of Public Law 114-113 is repealed.
(including transfer of funds)
Sec. 221. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2017,
for ``Medical Services'', ``Medical Community Care'',
``Medical Support and Compliance'', and ``Medical
Facilities'', up to $280,802,000, 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. 222. 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. 223. Of the amounts available in this title for
``Medical Services'', ``Medical Community Care'', ``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.
Sec. 224. The Secretary of Veterans Affairs shall notify
the Committees on Appropriations of both Houses of Congress
of all bid savings in a major construction project that total
at least $5,000,000, or 5 percent of the programmed amount of
the project, whichever is less: Provided, That such
notification shall occur within 14 days of a contract
identifying the programmed amount: Provided further, That the
Secretary shall notify the Committees on Appropriations of
both Houses of Congress 14 days prior to the obligation of
such bid savings and shall describe the anticipated use of
such savings.
Sec. 225. 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. 226. Of the funds provided to the Department of
Veterans Affairs for fiscal year 2017 for ``Medical Support
and Compliance'', a maximum of $40,000,000 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. 227. 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.
Sec. 228. 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.
(including transfer of funds)
Sec. 229. 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 2017 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 2017, 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.
(including transfer of funds)
Sec. 230. Amounts made available for the Department of
Veterans Affairs for fiscal year 2017, 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.
Sec. 231. 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.
(rescission of funds)
Sec. 232. Of the unobligated balances available within the
``DOD-VA Health Care Sharing Incentive Fund'', $30,000,000
are hereby rescinded.
(rescissions of funds)
Sec. 233. Of the discretionary funds made available in
Public Law 114-113 for the Department of Veterans Affairs for
fiscal year 2017, $266,760,000 are rescinded from ``Medical
Services'', $52,031,000 are rescinded from ``Medical Support
and Compliance'', and $18,591,000 are rescinded from
``Medical Facilities''.
Sec. 234. 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 Health Administration--Medical and
Prosthetic Research'', $4,004,000.
(2) ``National Cemetery Administration'', $1,464,000.
(3) ``Departmental Administration--General
Administration'', $1,250,000.
(4) ``Departmental Administration--Board of Veterans
Appeals'', $1,214,000.
(5) ``Departmental Administration--General Operating
Expenses, Veterans Benefits Administration'', $24,849,000.
(6) ``Departmental Administration--Information Technology
Systems'', $12,535,000.
(7) ``Departmental Administration--Office of Inspector
General'', $1,302,000.
Sec. 235. The Secretary of Veterans Affairs shall ensure
that the toll-free suicide hotline under section 1720F(h) of
title 38, United States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
Sec. 236. (a) The Secretary of Veterans Affairs shall treat
a marriage and family therapist described in subsection (b)
as qualified to serve as a marriage and family therapist in
the Department of Veterans Affairs, regardless of any
requirements established by the Commission on Accreditation
for Marriage and Family Therapy Education.
(b) A marriage and family therapist described in this
subsection is a therapist who meets each of the following
criteria:
(1) Has a masters or higher degree in marriage and family
therapy, or a related field, from a regionally accredited
program.
(2) Is licensed as a marriage and family therapist in a
State (as defined in section
[[Page H2834]]
101(20) of title 38, United States Code) and possesses the
highest level of licensure offered from the State.
(3) Has passed the Association of Marital and Family
Therapy Regulatory Board Examination in Marital and Family
Therapy.
Sec. 237. 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.
Sec. 238. 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.
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 7298 of title 38, United States Code,
$30,945,000: 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 $15,000,000 shall remain available until
September 30, 2019. 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: Provided, That of the amounts made
available under this heading from funds available in the
Armed Forces Retirement Home Trust Fund, $22,000,000 shall be
paid from the general fund of the Treasury to the Trust Fund.
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 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, Army
For an additional amount for ``Military Construction,
Army'', $18,900,000, to remain available until September 30,
2021, 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} 2340
Parliamentary Inquiry
Mr. MULVANEY of South Carolina. Mr. Chair, parliamentary inquiry.
The CHAIR. The gentleman will state his parliamentary inquiry.
Mr. MULVANEY of South Carolina. Where are we?
The CHAIR. The bill has been read through page 65, line 1.
Mr. MULVANEY of South Carolina. Mr. Chair, that was the quickest 25
pages I have heard in a long time.
Amendment Offered by Mr. Mulvaney
Mr. MULVANEY. Mr. Chair, I have an amendment at the desk. Actually, I
have four consecutive amendments at the desk.
Mr. DENT. Mr. Chair, I reserve a point of order on the gentleman's
amendment.
The CHAIR. A point of order is reserved.
Parliamentary Inquiry
Mr. MULVANEY. Mr. Chair, parliamentary inquiry.
The CHAIR. The gentleman will state his parliamentary inquiry.
Mr. MULVANEY. Is it possible, with the approval of the gentleman who
is controlling the time for the majority, to combine amendment Nos. 1,
2, 3, and 4 into a single amendment?
The CHAIR. The amendments could be considered together by unanimous
consent.
Mr. DENT. Mr. Chair, I respectfully object. We haven't seen any of
the amendments yet; so I think we should just proceed in the regular
order.
The CHAIR. Objection is heard.
The Clerk will report the amendment.
The Clerk read as follows:
Strike page 65, lines 1-11.
The CHAIR. Pursuant to House Resolution 736, the gentleman from South
Carolina (Mr. Mulvaney) and a Member opposed each will control 5
minutes.
Parliamentary Inquiry
Mr. BISHOP of Georgia. Mr. Chair, parliamentary inquiry.
The CHAIR. The gentleman will state his parliamentary inquiry.
Mr. BISHOP of Georgia. Do we have the text of the amendment?
The CHAIR. Copies will be made available. They are being distributed
now.
Mr. DENT. Mr. Chair, I reserve a point of order until we get the
amendments.
The CHAIR. A point of order is reserved.
The Chair recognizes the gentleman from South Carolina.
Mr. MULVANEY of South Carolina. Mr. Chair, I have four consecutive
amendments that are all very closely intertwined. There are actually
four simply for procedural matters that I offered originally as one. I
am going to argue all of them together essentially at one time because
this is what they do: they get rid of the OCO budget. That is it. They
get rid of the OCO budget. Title IV of this bill is the OCO budget, and
my amendments seek to simply be done with this thing.
Mr. Chair, it has turned into a slush fund. That is not me saying
that, by the way. That is folks from both Republican and Democrat
administrations, together, saying that is what this is. It may have
started with the best of intentions. It may have started out of
absolute necessity. It may have been a good thing when it started, but
we all know what it is now, which is a place to hide money and a way to
get around spending caps. That is it.
Mr. Chair, I hope I get a chance over the course of the next couple
of appropriations bills to talk more about the OCO and more about
specific examples of how it is abused. We actually now admit that we
abuse it. We admit that there is money in the OCO budget that has
nothing to do with overseas contingency operations. We admit that there
is money in the OCO budget right now that has nothing to do with waging
war overseas.
We admit that we abuse this particular account. Why? Because we can
and because it is very difficult to vote against the troops. That is
not the right way to appropriate money.
John McCain, a man with whom I usually disagree on many, many things,
has actually said this is not the way to appropriate money for
[[Page H2835]]
MILCON-VA, for the DOD. For anything that has to do with defense, this
is not the proper way to do it. Mr. Chair, in fact, as we look at the
individual sections, it gets even worse.
In this first section that deals with the Army, we are appropriating
$18.9 million for no one knows what. There is no indication whatsoever
as to what we are spending this money on. The language is very
straightforward. It reads that we are going to go and appropriate $18.9
million to remain available until September 30, 2021, for projects
outside the United States. Period. That is it. $19 million with
absolutely no indication of where it is being spent. In fact, we don't
even have to spend it next year. We can spend it anytime we want to
over the next 5 years. As long as it is outside of the United States,
we are approving its expenditure.
By the way, you can go down to the next line where the same is true
of the $59.8 million for the Marine Corps construction, of the $88.2
million for the Air Force construction, and then of the $5 million for
military construction defensewide.
There is no indication of how this money is being spent. There is no
limitation on when it is spent other than we have to spend it in 5
years, and there is no indication on where it is going to be spent
other than it has to be outside of the United States. That is it. It is
hard for me to imagine an example of a less accountable, a less
transparent way for us to spend money in this country.
I have been spending some time on this for the last couple of years.
I have always thought that this was a bad way for us to operate. I know
that, every single year, we gather a couple more in adherence to that
belief. We get a couple more votes every single year--folks who are
finally waking up to the fact that, listen, we need to spend money on
the military, that we need to spend money on the defense of this
Nation. It is one of the few things we are affirmatively charged with
in our Constitution, but this is not the way to do it.
We can't lie to people back home about how much money we are
spending. We can't lie to people back home about what the deficit is
going to be. We certainly can't lie to them about where they are
spending their money. Let's stop doing it this way and start doing it
properly.
Mr. Chair, for that reason, I encourage the support for this
amendment.
I reserve the balance of my time.
Mr. DENT. Mr. Chair, I rise in opposition to the gentleman's
amendment.
The CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. DENT. Mr. Chair, I rise in opposition to the gentleman's
amendment for a few reasons.
The OCO money in this bill totals $172 million. He is correct, it is
about $18.9 million for the Army.
Much of this money is going to support counterterrorism efforts and
the European Reassurance Initiative. We are going to be using this
money for, obviously, infrastructure and for the prepositioning of
assets. Given the real threats we are facing in Europe from Vladimir
Putin, we need to make sure that we are reassuring our allies in
Eastern Europe.
This subcommittee recently visited Eastern Europe--Poland, Lithuania,
Germany--where we heard from General Breedlove, the Supreme Allied
Commander of NATO, talk about the need for this initiative. I think it
is imperative that we reassure our allies in Eastern Europe, who are
staring down--who are facing a very real threat--from Vladimir Putin's
aggression in Ukraine, and we are deeply concerned that his
expansionist ambitions may move into the Baltic.
This is extremely important, this OCO funding. I urge my colleagues
to reject any reduction in the OCO funding for the men and women of the
American Army.
I withdraw my reservation of a point of order, and I reserve the
balance of my time.
{time} 2350
The CHAIR. The reservation of the point of order is withdrawn.
Mr. MULVANEY. Mr. Chair, how much time do I have remaining?
The CHAIR. The gentleman from South Carolina has 1 minute remaining.
Mr. MULVANEY. Mr. Chair, it is hard to argue with that. This money is
going for counterterrorism. It is going for the preposition of assets.
It is going for reassuring our allies. It is going to combat Mr. Putin
or constrain him in Ukraine. I am a little hard pressed as to how $178-
odd-million is going to do all of those things.
Face it, we have to take the gentleman's word for it. And as much as
I trust the gentleman, why isn't that in the document? Why doesn't it
say $18.9 million for this counterterrorism program or that
repositioning of assets? It doesn't say that. We have no idea what this
money is for. None whatsoever.
Mr. Chairman, I thank the gentleman from Pennsylvania, and I
appreciate the opportunity to have my say.
I yield back the balance of my time.
Mr. DENT. Mr. Chairman, I would like to point out that where this
money is going to be expended is in the report, and it is also online
in many of the budget documents. So the information is available where
the money is actually going to be spent. I just wanted to share that.
I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from South Carolina (Mr. Mulvaney).
The question was taken; and the Chair announced that the noes
appeared to have it.
Mr. MULVANEY. Mr. Chair, I demand a recorded vote.
The 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, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $59,809,000, to remain available until
September 30, 2021, 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. Chair, I have an amendment at the desk. I indicated
before, I have had my say. We are going to go through the motions on
the next three.
The CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Strike page 65, lines 12-20.
The CHAIR. Pursuant to House Resolution 736, 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 have had my say. I move approval.
I reserve the balance of my time.
Mr. DENT. Mr. Chairman, I claim the time in opposition to the
amendment.
The CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. DENT. Mr. Chair, this money, I guess, would strike the OCO
funding for the Navy. The money for the Navy is going to be used in
Djibouti, I believe, for a runway and also for a medical and dental
facility for our troops.
So I, again, respectfully oppose the gentleman's amendment.
I reserve the balance of my time.
Mr. MULVANEY. Mr. Chair, I yield back the balance of my time.
Mr. DENT. Mr. Chair, I yield to the gentleman from Georgia (Mr.
Bishop).
Mr. BISHOP of Georgia. Mr. Chair, I want to associate myself with the
gentleman from Pennsylvania in opposition to the amendment.
Mr. DENT. Mr. Chair, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from South Carolina (Mr. Mulvaney).
The question was taken; and the Chair announced that the noes
appeared to have it.
Mr. MULVANEY. Mr. Chair, I demand a recorded vote.
The 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, Air Force
For an additional amount for ``Military Construction, Air
Force'' $88,291,000, to remain available until September 30,
2021, for
[[Page H2836]]
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. Chair, I have an amendment at the desk.
The CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Strike page 65, line 21 through page 66, line 3.
The CHAIR. Pursuant to House Resolution 736, 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. Chair, I move approval.
I reserve the balance of my time.
Mr. DENT. Mr. Chairman, I claim the time in opposition to the
amendment.
Mr. CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. DENT. Mr. Chair, this funding, I believe, for the Air Force, this
is going to be directed toward Bulgaria, Spangdahlem, Iceland, Poland,
Lithuania, and Estonia.
Again, I oppose the amendment. It is very important to our allies,
particularly as it relates to the European Reassurance Initiative.
I reserve the balance of my time.
Mr. MULVANEY. Mr. Chair, I yield back the balance of my time.
Mr. DENT. Mr. Chair, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from South Carolina (Mr. Mulvaney).
The question was taken; and the Chair announced that the noes
appeared to have it.
Mr. MULVANEY. Mr. Chair, I demand a recorded vote.
The 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'', $5,000,000, to remain available until
September 30, 2021, 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. Chair, I have an amendment at the desk, No. 4.
The CHAIR. The Clerk will report the amendment.
The Clerk read as follows:
Strike page 66, line 4-11.
The CHAIR. Pursuant to House Resolution 736, 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. Chair, I move approval.
I reserve the balance of my time.
Mr. DENT. Mr. Chairman, I rise in opposition to the amendment.
The CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. DENT. Mr. Chair, I oppose the amendment.
I reserve the balance of my time.
Mr. MULVANEY. Mr. Chair, I yield back the balance of my time.
Mr. DENT. Mr. Chair, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from South Carolina (Mr. Mulvaney).
The question was taken; and the Chair announced that the noes
appeared to have it.
Mr. MULVANEY. Mr. Chair, I demand a recorded vote.
The 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:
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.
Sec. 513. Unobligated balances of amounts appropriated
under title VI of the Departments of Labor, Health and Human
Services, Education and Related Agencies Appropriations Act,
2015 (division G of Public Law 113-235) and title IX of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235)
shall also be available for necessary expenses to prevent,
prepare for, and respond to Zika virus, domestically and
internationally: Provided, That such amounts are designated
by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, except that such amounts shall
be available only if the President subsequently so designates
such amounts and transmits such designation to the Congress.
[[Page H2837]]
spending reduction account
Sec. 514. 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.
Mr. DENT. Mr. Chair, I move to strike the last word.
The CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. DENT. Mr. Chair, I yield to the gentleman from Ohio (Mr.
Wenstrup).
Mr. WENSTRUP. Mr. Chairman, I would like to raise some concerns I
have about VA's efforts to streamline the catalog of surgical tools
that are available to VA Medical Centers.
I share the VA's goals of increasing efficiency and purchasing power.
However, I am concerned that there is a reliance on single-source
contracts, and here is why: I believe single-award contracts are too
limited and will reduce choice for surgeons.
As a surgeon myself, I know practitioners have specific preferences
and a comfort for what tools work best in their hands. Surgical
residents learn when they have more options, more techniques in front
of them and innovations.
Often, when surgeons are restricted, they practice elsewhere. I am
concerned that limiting surgeons' options will have an effect on the
morale and retention of surgeons in the VA, and I think the last thing
the VA needs right now is to lose more providers.
I also know that patients have different needs. Every surgery case is
unique due to the individual patient anatomy, comorbidities, et cetera.
So I would just like to be assured that surgeons will have
flexibility, which means more choice and better care for veterans and
for our patients. Unfortunately, in my efforts to get this assurance, I
get conflicting information from various sources within the VA.
Multiyear, single-award contracts are irreparable if we get them
wrong. I would like to work with the chairman and the authorizing
committee to conduct oversight on this issue to ensure that we do get
this right because we can't lose more surgeons and we can't compromise
care for our veterans.
{time} 0000
Mr. DENT. Mr. Chair, reclaiming my time, I certainly understand the
gentleman's sincere desire to provide better care to our veterans. As
it relates to the single-source issue, single-source contracts,
obviously he has a great deal of expertise. I would like to work with
the gentleman to get more information about the issue and work with
him, but also, again, I also commend him to the authorizers, who will
have a great deal of say on this matter as well. I pledge to him my
commitment to work with him to try to get to a better place on this
matter.
Mr. Chairman, I yield back the balance of my time.
Amendment No. 2 Offered by Mr. Ratcliffe
Mr. RATCLIFFE. Mr. Chairman, I have an amendment at the desk.
The 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 propose, plan for, or execute a new or additional
Base Realignment and Closure (BRAC) round.
The CHAIR. Pursuant to House Resolution 736, the gentleman from Texas
and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Texas.
Mr. RATCLIFFE. Mr. Chairman, I would like to thank Chairman Dent and
Ranking Member Bishop for their hard work on behalf of servicemembers
and veterans all across the country.
The Ratcliffe-MacArthur-Bost amendment that I am offering today with
my colleagues, the gentleman from New Jersey (Mr. MacArthur) and the
gentleman from Illinois (Mr. Bost), will prohibit any funds made
available in this act from being used to propose, plan for, or execute
a new or additional round of base realignment and closure, or BRAC.
My congressional district in northeast Texas is home to the Red River
Army Depot, which has maintained a steadfast commitment to supporting
America's Armed Forces since 1941. While the depot has endured many
challenges over the years, it has remained dedicated to fulfilling its
motto: ``We build it as if our lives depend on it. Theirs do.''
Not only is the depot a vital job creator, employing more than 5,000
people in northeast Texas and southern Arkansas, it is a critical
component of our national defense. The depot acts as an insurance
policy for America's security, one capable of bolstering production in
a manner that simply can't be duplicated by civilian industries. So the
need for this amendment is clear.
In a fiscal environment where every penny is carefully scrutinized,
we have to ensure that taxpayer dollars truly address our national
security needs, and another round of BRAC certainly won't help us
achieve this important goal. In addition to jeopardizing our defense
readiness, BRAC has proven to be incredibly expensive. According to the
Government Accountability Office, the last round of BRAC in 2005 cost
the American taxpayers a whopping $35.1 billion. At the same time, the
expected savings from the last round of BRAC haven't materialized, and
those promised savings have since been revised downward by 73 percent.
Mr. Chairman, at a time when the terror threat level hovers at an
all-time high, it is especially important that we do everything
possible to ensure that our military is prepared for the call of duty.
The amendment that I have introduced today does just that. I urge my
colleagues to support it on behalf of the safety of our Armed Forces
and the American people.
I yield to the chairman.
Mr. DENT. Mr. Chairman, I just want to say I have no objection to the
gentleman's amendment, and I am prepared to accept it.
Mr. RATCLIFFE. Mr. Chairman, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Texas (Mr. Ratcliffe).
The amendment was agreed to.
Amendment No. 3 Offered by Mr. Blumenauer
Mr. BLUMENAUER. Mr. Chairman, I have an amendment at the desk.
The 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 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''.
The CHAIR. Pursuant to House Resolution 736, the gentleman from
Oregon and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Oregon.
Mr. BLUMENAUER. Mr. Chairman, I yield myself 3 minutes.
Mr. Chairman, one of the great concerns we have is how the 2 million
young Americans who were sent to Iraq and Afghanistan reintegrate back
into society. Many of them return with wounds visible and invisible. We
find that more than 20 percent of those 2.8 million American veterans
suffer from PTSD and depression. A recent survey revealed that suicide
rates among veterans are roughly 50 percent higher than among
civilians. Another study found that the death rate for opioid overdoses
among VA patients is nearly double the national average.
What I hear from veterans that I talk to is that an overwhelming
number of them say that medical marijuana has helped them deal with
PTSD, pain, and other conditions, particularly as an alternative to
opioids, and I would argue that it is essential that veterans be
allowed access to this as a treatment if it is legal in their State.
Twenty-four States, the District of Columbia, and Guam have passed
laws that provide for legal access to medical marijuana at the
recommendation of a physician to treat such conditions, ranging from
seizures to glaucoma, anxiety, chronic pain, traumatic brain injury,
and the symptoms associated with chemotherapy. Fourteen of these States
specifically allow physicians to recommend medical marijuana for the
symptoms of post-traumatic stress, PTSD.
As a result of these medical marijuana laws, more than 2 million
patients across the country, including
[[Page H2838]]
many of our veterans, now use medical marijuana. Unfortunately, the
Department of Veterans Affairs specifically prohibits its medical
providers from completing forms brought by their patients seeking
recommendations regarding a veteran's participation in a State medical
marijuana program. What this means is that those patients who want to
pursue medical marijuana have to go ahead and hire a physician out of
their own pocket, not dealing with the medical professional of their
choice, the medical professional, their VA doctor, who knows them the
best. I think that is unfortunate.
I have an amendment cosponsored by Dr. Joe Heck, Sam Farr, Dana
Rohrabacher, Dina Titus, Tom Reed, and others that would prohibit funds
from being made available to the VA to implement this prohibition. I
think it is the right thing to do for our veterans, to be able to treat
them equitably, to enable them to have access to the doctor who knows
them the best, giving them better treatment, and saving them money. I
would respectfully request that we approve this amendment to eliminate
this unjustified prohibition.
Mr. Chairman, I reserve the balance of my time.
Mr. DENT. Mr. Chairman, I rise up somewhat reluctantly to my friend
in opposition.
The CHAIR. The gentleman from Pennsylvania is recognized.
Mr. DENT. Mr. Blumenauer is a very genuine and sincere, very
thoughtful Member of this body. I understand that the country is
evolving on this issue, as many States, including my own, have moved
forward on medical marijuana.
As a Member of this House, I am a bit uncomfortable, however, in
trying to dictate policy on marijuana without guidance from the Food
and Drug Administration, National Institutes of Health, and other
medical professionals. That said, I reluctantly rise in opposition.
I reserve the balance of my time.
Mr. BLUMENAUER. Mr. Chairman, I am prepared to close. I am going to
close when you have exhausted your speakers.
Mr. BISHOP of Georgia. Mr. Chairman, I move to strike the last word.
The CHAIR. The gentleman is recognized for 5 minutes.
Mr. BISHOP of Georgia. Mr. Chairman, I support the amendment that is
offered by Mr. Blumenauer. Last year in Georgia, the general assembly
passed and 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 illnesses.
I believe that we should not limit the Veterans Health Administration
from providing optimal pain care for our veterans. If medical marijuana
is legal in a 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 our veteran patients, VHA Directive 2010-035,
Medical Marijuana, has become outdated. I believe that supporting a
veteran's right to use alternative methods to deal with pain is the
right thing to do.
Mr. Chairman, I support the amendment, and I urge its adoption.
I yield back the balance of my time.
{time} 0010
Mr. DENT. Mr. Chairman, as I said, I reluctantly oppose the
amendment, and I yield back the balance of my time.
Mr. BLUMENAUER. Mr. Chairman, there is nobody who I have more respect
for than my friend, the chairman of the subcommittee. But I take modest
exception.
This amendment does not dictate treatment options. It is not
interfering, it is not superimposing anybody's judgment about the
merits of marijuana. It simply enables VA doctors and patients to
interact with State legal marijuana systems--systems that this Congress
has repeatedly supported through amendment votes, just like everybody
else.
We should not be limiting the treatment options available to our
veterans. I fail to understand what the basis is to force veterans in
the State of Pennsylvania who feel that they need to avail themselves
of medical marijuana, like any other citizen in Pennsylvania or in
Oregon has a right to do, but force them to not use the doctor that
knows them best; instead, go to somebody else, hire them out of their
own pocket, and be engaging with somebody who doesn't know their full
range of activity.
This doesn't engage the Veterans Administration. There is no
marijuana on premises. It simply allows the doctor to be able to deal
with the veteran, as a patient, to be able to counsel and potentially
prescribe them, like any other person in any other State where it is
legal.
Bear in mind that these people are suffering from PTSD, chronic pain,
depression, conditions that medical marijuana is legally entitled to
treat and which veterans, who I have met with literally from coast-to-
coast, say has transformed their lives.
What we are doing now, they are dying at a higher rate than the
average member of the population. Their suicide rate is high. Their
opioid addiction rate is almost twice as high as the average citizen. I
think that is unconscionable. We should have this amendment to try and
help address it.
Mr. Chair, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Oregon (Mr. Blumenauer).
The question was taken; and the Chair announced that the noes
appeared to have it.
Mr. BLUMENAUER. Mr. Chairman, I demand a recorded vote.
The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on
the amendment offered by the gentleman from Oregon will be postponed.
Amendment Offered by Mr. Fleming
Mr. FLEMING. Mr. Chairman, I have an amendment at the desk.
The 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. __. None of the funds made available by this Act may
be used to modify a military installation in the United
States, including construction or modification of a facility
on a military installation, to provide temporary housing for
unaccompanied alien children.
The CHAIR. Pursuant to House Resolution 736, the gentleman from
Louisiana and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Louisiana.
Mr. FLEMING. Mr. Chairman, my amendment would prohibit funds from
being used to modify a military installation for the purpose of housing
unaccompanied alien children.
Our military installations are for training and equipping soldiers to
fight our Nation's wars. The use of DOD facilities to house
unaccompanied alien children undermines the readiness of our Armed
Forces, which we know to be in extremis at this point.
This amendment follows on from a provision included in the National
Defense Authorization Act, passed out of the House Armed Services
Committee, that prohibits unaccompanied alien children from being
hosted on military installations. A similar standalone bill has also
been introduced by Judge John Carter of Texas and has 61 cosponsors.
Under recent agreements made by the Department of Health and Human
Services, the DOD has provided housing to unaccompanied alien children
with certain requirements and preferences being requested by HHS that
facilities be able to provide space for security fencing, service
trailers, and potential soft-sided outdoor housing.
It is inappropriate for scarce defense dollars, meant to go for the
readiness of our soldiers, to be used for nondefense purposes,
especially at this time in our Nation's history when our readiness is
so low.
Take, for example, the Army Air Defense and Artillery training site
at Fort Sill, where unaccompanied minors were housed in 2014. These
barracks were used by HHS, and resources had to be expended to ensure
HHS contractors and the minors being hosted did not gain access to
sensitive areas and live-fire training ranges.
Fort Hood was also on the short list for hosting unaccompanied minors
in 2015. Because of this, the Texas National Guard was unable to stand
up a training facility because the base was being considered to host
these unaccompanied minors.
[[Page H2839]]
Our military infrastructure is in serious need of upgrading and
construction dollars are scarce. Mr. Chairman, the slightest use of
resources to modify an installation to meet nondefense missions
jeopardizes the readiness of our Armed Forces.
Following on the prohibition placed in this year's House NDAA, I ask
my colleagues to support my amendment.
I reserve the balance of my time.
Mr. DENT. Mr. Chairman, I rise in opposition to the gentleman's
amendment.
The CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. DENT. Mr. Chairman, there are no projects in the FY 17 request
for this purpose in the United States. There is $33 million in funds to
support the naval station at Guantanamo Bay, Cuba, at the request of
SOCOM, Southern Command, to deal with various issues of people,
obviously, who were interdicting on the seas or arriving in Cuba.
But the point is, I don't want to preclude the Department of Defense
from dealing with an emergency situation, should one arise in the U.S.
So that is why I must oppose my friend's amendment.
I yield such time as he may consume to the gentleman from Georgia
(Mr. Bishop), my distinguished colleague and ranking member.
Mr. BISHOP of Georgia. I thank the gentleman for yielding.
Mr. Chair, we have an opportunity and an obligation to help migrant
children who have come across the border to escape the problems with
their homeland. The challenges of poverty and violence continue to
grow, and it is a moral obligation and one that I support.
To not allow the use of military installations for temporary housing
for migrants only exacerbates the problem. This is temporary. Why would
we prohibit the use of bases only until the adjudication of a migrant's
case, for example? Is my colleague suggesting that we immediately send
migrant children back to the countries they fled without due process?
Should we send them back to violence?
That is not what the United States stands for. It is not what the
United States should stand for. It is not consistent with our country's
Christian values.
I urge a ``no'' vote on this amendment, and I agree with the
chairman.
Mr. DENT. Mr. Chairman, I reserve the balance of my time.
Mr. FLEMING. Mr. Chairman, may I inquire how much time I have?
The CHAIR. The gentleman from Louisiana has 2\1/2\ minutes remaining.
The gentleman from Pennsylvania has 3 minutes remaining.
Mr. FLEMING. Mr. Chair, I thank my friends and colleagues for their
comments and statements, but I simply have to disagree. Again, this is
about military readiness, which we are at a low, low point.
We are getting all sorts of reports. We are having hearings from
generals, commanders in the field, and generals at the Pentagon,
telling us that they are scratching for every little penny they can
find for readiness.
In fact, just the other night on FOX News, they talked about a Marine
Corps F-18. They had to go to a museum just to find a part to put on
that in order for it to go into service.
Look, if it is important to provide facilities for unaccompanied
alien children, then the Appropriations Committee should appropriate
those dollars. But they should not take them from the vital military
facilities. They shouldn't take scarce dollars away from our readiness.
As a result of that, again, I urge my colleagues to support the
amendment.
I reserve the balance of my time.
Mr. DENT. Mr. Chair, I yield back the balance of my time.
Mr. FLEMING. Mr. Chair, again, I just ask my colleagues to support
this. This is common sense. We need to protect our soldiers, sailors,
airmen, as well as marines. We need to make sure that they are safe out
there, that every dollar is put into readiness to protect them, and it
should not be diverted in this way. Again, I urge support of this
amendment.
I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Louisiana (Mr. Fleming).
The question was taken; and the Chair announced that the noes
appeared to have it.
Mr. FLEMING. Mr. Chair, I demand a recorded vote.
The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on
the amendment offered by the gentleman from Louisiana will be
postponed.
{time} 0020
Amendment Offered by Mr. Huffman
Mr. HUFFMAN. Mr. Chairman, I have an amendment at the desk.
The 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 section 8(d)(2) of the Department of
Veterans Affairs National Cemetery Administration Directive
3220 of November 22, 2005.
The CHAIR. Pursuant to House Resolution 736, the gentleman from
California and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from California.
Mr. HUFFMAN. Mr. Chairman, I yield myself such time as I may consume.
I am pleased to offer this amendment to the 2017 MILCON-VA spending
bill, and to stand today with my colleague, the gentleman from Arizona
(Mr. Gallego), who has offered a stand-alone bill on this same subject,
along with our colleague from Minnesota (Mr. Ellison).
Last year, we all remember the tragic shooting at the Emanuel African
Methodist Episcopal Church in Charleston, South Carolina, and how it
reopened a painful but necessary national conversation about symbols
like the Confederate battle flag that represent racism, slavery, and
division.
Rightfully, leaders in South Carolina and other Southern States,
Democrats and Republicans alike, joined together to call on their
States to end the display of the Confederate battle flag on government
property.
The Confederate battle flag, a symbol of hate and opposition to the
United States of America, has no place, no place on government
property, especially not at VA cemeteries, a place where families and
loved ones go to pay respect to our Nation's veterans.
Over 150 years ago, slavery was abolished. Why in the year 2016 are
we still condoning displays of this hateful symbol on our sacred
national cemeteries?
Symbols like the Confederate battle flag have meaning. They are not
just neutral, historical symbols of pride. They represent slavery,
oppression, lynching, and hate.
To continue to allow national policy condoning the display of this
symbol on Federal property is wrong, and it is disrespectful to what
our country stands for and what our veterans fight for.
Mr. Chairman, it is past time to end the public promotion of this
cruel, racist legacy of the Confederacy. So let us move forward in a
direction of reconciliation, unity, and justice.
Symbols matter. Even General Robert E. Lee recognized that symbols of
the Confederacy are symbols of treason, which is why he asked that they
not appear at his funeral.
The United States House of Representatives, in 2016, should be at
least as forward-looking as Robert E. Lee was in 1869.
Mr. MULVANEY. Mr. Chairman, I have an amendment to the amendment.
The CHAIR. The gentleman from California is under recognition.
Mr. HUFFMAN. I reserve a point of order.
The CHAIR. The gentleman from California is recognized on his pending
amendment.
Mr. HUFFMAN. On the point of order?
The CHAIR. On his amendment.
Mr. HUFFMAN. Mr. Speaker, my point is that the House of
Representatives, in 2016, should be at least as forward-looking as
General Robert E. Lee was in 1869.
Let us do the right thing tonight in this House, and let's do it
together, on a bipartisan basis.
Mr. Chairman, I reserve the balance of my time.
Mr. MULVANEY. Mr. Chairman, I have an amendment to the amendment.
Mr. HUFFMAN. Mr. Chairman, I reserve a point of order.
The CHAIR. Will the gentleman send his amendment to the desk?
[[Page H2840]]
Mr. MULVANEY. Yes, sir.
Mr. Chairman, I withdraw my amendment.
Mr. HUFFMAN. Mr. Chairman, I reserve the balance of my time.
The CHAIR. Does any Member seek time in opposition to the amendment
offered by the gentleman from California?
The gentleman from California may proceed on his amendment.
Mr. HUFFMAN. Mr. Chairman, I request an ``aye'' vote, and I
respectfully yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from California (Mr. Huffman).
The question was taken; and the Chair announced that the noes
appeared to have it.
Mr. HUFFMAN. Mr. Chair, I demand a recorded vote.
The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on
the amendment offered by the gentleman from California will be
postponed.
Amendment Offered by Mr. Fitzpatrick
Mr. FITZPATRICK. Mr. Chairman, I have an amendment at the desk.
The 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 in this Act may
be used to procure the birth control known as Essure.
The CHAIR. Pursuant to House Resolution 736, the gentleman from
Pennsylvania and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. FITZPATRICK. Mr. Speaker, I want to start by recognizing my
colleague from Pennsylvania (Mr. Dent), the chairman of the
subcommittee, for his diligence and his hard work in bringing this
important bill to the floor and, more importantly, for his work on the
bill, and listening to ideas coming from both sides of the aisle, and
his fairness in considering all ideas as part of this bill. So I thank
the gentleman for that.
{time} 0030
I rise this evening in support of an amendment that is common sense.
It is a no-brainer. What this amendment would do is say, if a medical
device is under review by the FDA over concerns of its harmful impacts
on women, the Federal Government shouldn't be spending taxpayer dollars
to offer it to our Nation's veterans.
The medical device I am referring to is the permanent sterilization
device, Essure. Essure is a permanent sterilization device that was
approved by the FDA in 2002. However, since it was first approved, this
device has caused irreparable harm to tens of thousands of women and
their families.
FDA data shows that Essure has caused the death of at least four
women and nearly 300 fetal deaths. Additionally, tens of thousands of
women have reported other symptoms which are debilitating.
Over 25,000 women have joined together on Facebook to share their
stories of how the Essure device has ruined their lives. They call
themselves the Essure Sisters. They came together as a group because
nobody believed them--for many, not even their doctors. They were told
that this device was safe and there was no way the device caused their
pain and other symptoms. But that proved to be wrong. We don't need
another study. Their pain is real. Their stories are real. They have
been ignored by their doctors, by the device manufacturer, and by the
Food and Drug Administration.
I rise today as a voice for these women, to tell this Chamber that
their stories are real, that their pain is real, and that their fight
is real. Working with them over the last year, we have been able to
force the FDA to call for yet another review of this flawed device, and
this request was made by Democrats and Republicans in this Chamber.
Yet the product remains available, sometimes aggressively pushed.
And, as it relates to this appropriations bill, Essure remains on the
list of federally purchased devices. We know that this device has
already harmed female veterans.
I want to give a direct quote from an Essure Sister and Operation
Enduring Freedom veteran: ``I still live in massive chronic pain, and
I'm on pain meds every day of my life. I cannot do the things I used to
do with my children and my husband. Each day that I live with this
newfound pain and suffering, I grow more and more disgusted at the fact
that both he and I traveled to the war multiple times and made it home,
only to have a device forced upon us that would ruin our lives and my
health.''
Mr. Chairman, this amendment is not about women's reproductive
decisions or a debate about contraceptives. It is about protecting our
female veterans from being harmed by a device that we know has ruined
the lives of thousands across this Nation. All I am saying is we should
not allow the Department of Veterans Affairs to purchase and implant
this dangerous device in our Nation's veterans.
Mr. Chairman, I reserve the balance of my time.
Mr. DENT. Mr. Chairman, I rise in opposition of this amendment.
The CHAIR. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. DENT. I do want to commend Mr. Fitzpatrick for his diligence and
his attentiveness to his constituency. I know he feels very sincerely
about this particular amendment. It is, of course, disturbing to hear
adverse consequences of any drug or device, but we rely on the FDA to
be the safety arbiter in these cases.
The VA simply follows FDA's approval of drugs and devices. If anyone
wants to go to the source on this, then that individual should work
through the Agriculture Subcommittee, which has jurisdiction over the
Food and Drug Administration. But I believe it is not the proper role
for Congress to act as doctors in this case, substituting what appears
to be anecdotal evidence for the considered judgment of teams of
independent doctors and physicians. We also shouldn't influence the
marketing of birth control drugs and devices by targeting one
particular manufacturer.
Again, I do understand my very good friend and colleague's sincere
desire based on his conversations with constituents, but at the same
time, I do think that we should let the medical experts determine the
efficacy or the safety of a particular device in this case. So, again,
I have to rise in opposition.
Mr. Chairman, I yield to the gentleman from Georgia (Mr. Bishop).
Mr. BISHOP of Georgia. Mr. Chairman, I thank the gentleman for
yielding.
I join my chairman in opposing this amendment. Why has my colleague
again started the war on women's rights? Why is the gentleman getting
involved in the contraception choices of women veterans?
Under VA Directive 1331, it is the policy of the VA to provide
elective sterilization, for example, salpingectomy, tubal occlusion
procedures, vasectomy, and surgery to reverse elective sterilization to
eligible veterans as part of contraceptive and infertility services.
I don't see my colleague from Pennsylvania calling for a ban of
funding vasectomies or even a tubal ligation, getting tubes tied. Both
of these are procedures currently allowed. If a woman has decided that
she is seeking permanent birth control, why is Congress going to
mandate that she undergo a surgical procedure?
It is important to recognize that family planning is the most
effective way to prevent abortion and unwanted pregnancies. Study after
study show that when women have access to contraceptives, the incidence
of abortion decreases. Family planning programs are an extremely
effective way to support women in improving their own health and that
of their families. Why would anyone insist on government interference
in providing health care to women?
This amendment also demonstrates the deeply troubling and partisan
approach on issues affecting women and families.
Mr. Chairman, I urge my colleagues to vote ``no'' on this amendment.
Mr. DENT. Mr. Chairman, I yield back the balance of my time.
Mr. FITZPATRICK. In closing, Mr. Chairman, I would say, with all due
respect, this is about a dangerous medical device, and there are men
and women on both sides of the aisle here in the House of
Representatives that have called on the FDA to withdraw
[[Page H2841]]
the device from the market. There are other options.
Mr. Chairman, I appreciate the time on the floor tonight.
I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Pennsylvania (Mr. Fitzpatrick).
The amendment was rejected.
Amendment Offered by Mr. Grayson
Mr. GRAYSON. Mr. Chairman, I have an amendment at the desk, Grayson
No. 1.
The 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. Chair, I ask unanimous consent
that the reading be waived.
The CHAIR. Is there objection to the request of the gentleman from
Florida?
There was no objection.
The CHAIR. Pursuant to House Resolution 736, 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 have been inserted by voice vote into every
appropriations bill considered under an open rule during the 113th and
114th Congresses.
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. I hope that this amendment will remain
noncontroversial and be passed unanimously again by the House.
Mr. Chairman, I reserve the balance of my time.
Mr. DENT. Mr. Chairman, I rise in opposition, although I have no
objection.
The CHAIR. Without objection, the gentleman from Pennsylvania is
recognized for 5 minutes.
There was no objection.
Mr. DENT. Mr. Chairman, again, I have no objection to the gentleman's
amendment. He offered the same amendment last year, and it passed by
voice vote. So I certainly urge adoption of the amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. GRAYSON. Mr. Chairman, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Florida (Mr. Grayson).
The amendment was agreed to.
Amendment Offered by Mr. Boustany
Mr. BOUSTANY. Mr. Chairman, I have an amendment at the desk.
The 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. __. (a) 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.
(b) The Secretary of Veterans Affairs shall submit
quarterly data to Congress on the following:
(1) The total number of emergency medical claims and the
total number of billed charges for such claims.
(2) The total number of emergency medical claims and billed
charges for such claims pending for more than 30 days.
(3) The number of veterans with unpaid claims under
consideration in each Veterans Integrated Service Network.
(4) The percent of clean claims processed within 30 days.
{time} 0040
Mr. DENT. Mr. Chairman, I reserve a point of order on the gentleman's
amendment.
The CHAIR. A point of order is reserved.
Pursuant to House Resolution 736, 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 have put their lives on the
line to protect this country. The very least we can do is keep our
promise to take care of them when they return home.
But since the passage of the Veterans Access, Choice, and
Accountability Act of 2014, the VA has demonstrated little progress in
addressing the emergency medical claims processing backlog hurting our
veterans.
When I pressured the VA for statistics on this issue last year, the
VA was processing only 14 percent of the claims within 30 days in my
home region--14 percent. Since that time, the VA has conveniently
loosened their timely processing goal from 30 days to 45 days, making
it impossible to measure real progress.
Despite this change in internal procedure, not a single VISN has
reached a satisfactory timely processing rate. When these claims are
not paid on time by the VA, the bill often gets passed onto the
veteran--in many cases, threatening their personal credit rating. This
is just unacceptable.
While the VA wants to claim it is making progress by changing
internal metrics to cook the numbers, it has taken constant pressure
from my office, providers, and veterans groups just to get this agency
to pay attention and try to do their job.
American veterans should never have to worry about calling an
ambulance or taking a trip to the emergency room and wondering whether
this will hurt their finances. They should be focused on their health
and their recovery.
My amendment is very simple. It prevents the VA from granting bonuses
to its emergency medical care claims processing staff until the
percentage of claims processed within 30 days reaches 90 percent.
Mr. Chairman, no business in my home State of Louisiana, or anywhere
in this country, would ever think about rewarding its employees for
such a poor performance. It has to change. We must demand the highest
standard for America's veterans. I encourage my colleagues to hold the
VA accountable and support this amendment.
I reserve the balance of my time.
Point of Order
Mr. DENT. Mr. Chairman, I insist on my point of order.
The CHAIR. The gentleman will state his point of order.
Mr. DENT. Mr. Chair, I make a point of order against the amendment
because it proposes to change existing law and constitutes legislation
in an appropriation bill and, accordingly, 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.
So I would ask for a ruling from the Chair.
The CHAIR. Does the gentleman from Louisiana wish to be heard on the
point of order?
Mr. BOUSTANY. Mr. Chairman, I respect the gentleman's call on this
with regard to the rules. I would just hope that the members of the
subcommittee, as well as my colleagues in the House, would work with us
to solve this problem once and for all. This is unacceptable.
Veterans are getting hurt day in and day out. Their credit ratings
are suffering. This is one more egregious example----
The CHAIR. The gentleman's remarks must be confined to the point of
order.
Mr. BOUSTANY. I am not going to defy the point of order. I understand
the rule.
The CHAIR. Does the gentleman wish to withdraw his amendment?
[[Page H2842]]
Mr. BOUSTANY. No.
The CHAIR. Or would the gentleman like a ruling on the point of
order?
Mr. BOUSTANY. I would like a ruling on the point of order.
The CHAIR. The Chair is prepared to rule.
The Chair finds this amendment includes language imparting direction;
namely, by requiring the Secretary of Veterans Affairs to submit
quarterly data to Congress.
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.
Parliamentary Inquiry
Mr. BOUSTANY. Mr. Chairman, I have a parliamentary inquiry.
The CHAIR. The gentleman will state his parliamentary inquiry.
Mr. BOUSTANY. Right here it says ``waives all points of order against
consideration of the bill.''
Can I seek a clarification on this?
Clause 2(e) of rule XXI.
The CHAIR. The point of order was sustained under clause 2.
Mr. BOUSTANY. The base bill, right?
The CHAIR. 2(c) of rule XXI.
Mr. BOUSTANY. Thank you.
Amendment Offered by Mr. Gohmert
Mr. GOHMERT. Mr. Chairman, I have an amendment at the desk.
The 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 in this act may
be used to establish, maintain, employ, or enter into any
contract or agreement with any organization, including a
political party, that endorsed, embraced, or encouraged any
form of slavery, nor to display the name of such organization
nor to have its name displayed in any facility in which or
for which funds made available in this act are used.
Mr. BISHOP of Georgia. Mr. Chairman, I reserve a point of order on
the gentleman's amendment.
The CHAIR. A point of order is reserved.
Pursuant to House Resolution 736, the gentleman from Texas and a
Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Texas.
Mr. GOHMERT. Mr. Chairman, it should be pretty straightforward. My
friends on the other side of the aisle continue to push forward
amendments that seem to want to leave the appearance that the
Republican Party still wants to retain some fight that it has never
had. The Republican Party opposed slavery. The Republican Party and
everybody that I know of in this Chamber on this side of the aisle has
never supported slavery, has never supported anything that wreaks of
slavery.
Daniel Webster, John Quincy Adams, all of those early leaders in this
country, had it very right--it is an abomination. It kept God from
blessing this country.
I am surprised that anyone would wish to reserve a point of order to
try to prevent this amendment from going forward. Anything, as my
friends across the aisle have repeatedly pointed out, that reminds
people of slavery is repugnant and is abhorrent, and I would think that
that is something that we could all agree on.
If it is an organization that supported slavery, then why would we
want to give that organization any more credence and cause those who
may have lived through the vestiges of the civil rights problems that
lasted after slavery?
It is time to put this to an end and let the dream of Dr. King
finally come to fruition.
I reserve the balance of my time.
Point of Order
Mr. BISHOP of Georgia. Mr. Chairman, I must insist on my point of
order.
The CHAIR. The gentleman will state his point of order.
Mr. BISHOP of Georgia. 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 requires a new determination.
I ask for a ruling from the Chair.
The CHAIR. Does any other Member wish to speak to the point of order?
{time} 0050
Mr. GOHMERT. I would address the point of order in that it really
doesn't require any new act or law or activity. The thing should speak
for itself unless my friend across the aisle has some concerns that
some organization he wants to protect has supported slavery, and he is
seeking to protect that. Otherwise, the law will speak for itself as
does this amendment.
The CHAIR. The Chair is prepared to rule.
The Chair finds that this amendment includes language requiring a new
determination of whether an organization had ``embraced'' any form of
slavery.
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.
Mr. GOHMERT. Mr. Speaker, I appeal the ruling of the Chair, but given
the hour, the fact that there aren't that many of us here on the floor
at this time, that it would require a quorum and would require under
the rules an immediate vote, what I will do is withdraw my amendment at
this time. I am assured that we will still be taking up limitation
amendments in the morning, and I can offer it at that time without
dragging all of our friends out of their places of repose at this time.
The CHAIR. The amendment has been ruled out of order. The appeal is
withdrawn.
Mr. DENT. Mr. Chair, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Perry) having assumed the chair, Mr. Collins of Georgia, 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. 4974)
making appropriations for military construction, the Department of
Veterans Affairs, and related agencies for the fiscal year ending
September 30, 2017, and for other purposes, had come to no resolution
thereon.
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