[Congressional Record Volume 162, Number 139 (Wednesday, September 14, 2016)]
[House]
[Pages H5463-H5470]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VA ACCOUNTABILITY FIRST AND APPEALS MODERNIZATION ACT OF 2016
The SPEAKER pro tempore. Pursuant to House Resolution 859 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 5620.
Will the gentleman from Pennsylvania (Mr. Rothfus) kindly take the
chair.
{time} 1501
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 further consideration of
the bill (H.R. 5620) to amend title 38, United States Code, to provide
for the removal or demotion of employees of the Department of Veterans
Affairs based on performance or misconduct, and for other purposes,
with Mr. Rothfus (Acting Chair) in the chair.
The Clerk read the title of the bill.
The Acting CHAIR. When the Committee of the Whole rose on Tuesday,
September 13, 2016, amendment No. 13 printed in House Report 114-742
offered by the gentleman from California (Mr. Lowenthal) had been
disposed of.
Amendment No. 14 Offered by Mr. Ben Ray Lujan of New Mexico
The Acting CHAIR. It is now in order to consider amendment No. 14
printed in House Report 114-742.
Mr. BEN RAY LUJAN of New Mexico. Mr. Chairman, I have an amendment at
the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 54, after line 2, insert the following:
SEC. 11. IDENTIFICATION OF MATTERS RELATING TO PART-TIME
EMPLOYMENT OF MEMBERS OF THE ARMED FORCES WHO
ARE PHYSICIANS.
The Secretary of Veterans Affairs shall identify--
(1) the number of members of the Armed Forces serving on
active duty who are physicians employed at a Department of
Veterans Affairs medical facility on a part-time basis;
(2) the process by which the Department hires such
physicians on a part-time basis; and
(3) the process by which the Department hires civilian
physicians on a part-time basis; and
(4) the steps the Department is taking to recruit members
of the Armed Forces serving on active duty who are physicians
for employment at Department medical facilities on a part-
time basis.
The Acting CHAIR. Pursuant to House Resolution 859, the gentleman
from New Mexico (Mr. Ben Ray Lujan) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from New Mexico.
Mr. BEN RAY LUJAN of New Mexico. Mr. Chairman, my amendment directs
the VA to produce a report related to the part-time employment of
Active Duty military positions at VA health facilities.
In 2014, Congress passed the Veterans Choice Act to help address the
access to care crisis facing our Nation's veterans. As part of those
reforms, the legislation called for a Commission on Care to examine how
best to strategically organize the Veterans Health Administration,
locate healthcare resources, and deliver health care to veterans over
the next 20 years. The report was released on July 15 of this year.
The report's very first recommendation highlights VHA's provider
shortages and suggests the VHA should expand their provider networks.
They specify: ``These providers must be fully credentialed with
appropriate education, training, and experience, provide veterans
access that meets VHA standards, demonstrate high-quality clinical and
utilization outcomes, and demonstrate military cultural competency.''
Recently, it came to my attention that Active Duty military
physicians are confronting a number of hurdles when seeking part-time
positions at our VA facilities and that these hurdles are preventing an
entire group of physicians who exceed these standards from caring for
our veterans.
The Department of Defense employs over 11,000 Active Duty military
physicians. For many reasons, a number of these physicians choose to
seek part-time employment in civilian hospitals. In fact, physician
moonlighting is encouraged by the Department of Defense.
Yet, despite these military doctors exceeding all of the VA's
employment standards, longstanding red tape seems to be preventing the
VA from hiring them. At a time when VA facilities across the country
are struggling to hire enough physicians, we cannot afford to turn away
qualified doctors.
Recently, my office raised this issue with the Veterans Health
Administration, and I appreciate the VHA's willingness to work with me
on this issue. However, we need to get these facts on the record in
order to continue the conversation and address this issue.
I would also like to thank Chairman Miller for giving me the
opportunity to raise this issue, and I look forward to working with my
colleagues on both sides of the aisle to do what we can to help
soldiers treat our vets.
While I greatly appreciate all physicians who choose to use their
training, skills, and time to serve our Nation's veterans, there is no
one more naturally equipped to care for our vets than our military
physicians.
Mr. Chairman, I want to thank the chairman and the committee staff on
both sides of the aisle for their work here.
At this time, I yield to the gentleman from California (Mr. Takano).
Mr. TAKANO. Mr. Chair, I thank my colleague, Representative Ben Ray
Lujan from New Mexico, for yielding.
I urge my colleagues to support this legislation to ensure our
veterans are fully taken care of.
Mr. MILLER of Florida. Mr. Chairman, I ask unanimous consent to claim
the time in opposition, even though I am not opposed.
The Acting CHAIR. Is there objection to the request of the gentleman
from Florida?
There was no objection.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. MILLER of Florida. Mr. Chair, I yield myself such time as I may
consume.
I do support this amendment. It does require a report on DOD
physicians who are part-time VA employees, and
[[Page H5464]]
it is important to have an accurate accounting of how DOD clinicians
are practicing at the VA on a part-time basis and how they are
recruited.
So I want to thank Representative Lujan for bringing this valuable
piece of legislation to the floor.
I urge my colleagues to support this amendment.
I yield back the balance of my time.
Mr. BEN RAY LUJAN of New Mexico. Mr. Chair, I yield back the balance
of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New Mexico (Mr. Ben Ray Lujan of New Mexico).
The amendment was agreed to.
Amendment No. 15 Offered by Mr. Takano
The Acting CHAIR. It is now in order to consider amendment No. 15
printed in House Report 114-742.
Mr. TAKANO. Mr. Chairman, as the designee of the gentleman from New
York (Mr. Sean Patrick Maloney), I offer amendment No. 15.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 54, after line 2, insert the following:
SEC. 11. EXTENSION OF AUTHORITY OF THE SECRETARY OF VETERANS
AFFAIRS TO PROVIDE FOR THE CONDUCT OF MEDICAL
DISABILITY EXAMINATIONS BY CONTRACT PHYSICIANS.
Section 704(c) of the Veterans Benefits Act of 2003 (Public
Law 108-183; 38 U.S.C. 5101 note) is amended by striking
``December 31, 2016'' and inserting ``December 31, 2017''.
The Acting CHAIR. Pursuant to House Resolution 859, the gentleman
from California (Mr. Takano) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. TAKANO. Mr. Chairman, as this body works to find ways to ensure
that the VA is meeting the needs of the veteran community, we must
ensure that we do not rob them of critical tools which have already
helped the VA to address its claims backlog.
This amendment, based on Representative Sean Patrick Maloney's
standalone legislation, the Disabled Veterans Red Tape Reduction Act,
ensures that the VA has one more tool in its toolkit in order to meet
its mission. It accomplishes this by allowing veterans to have their
medical examinations done by physicians outside the VA system to help
process veterans' disability claims faster.
In the past, we have been able to work across party lines in order to
keep in place this essential tool the VA needs to address the backlog.
This important authority is due to expire at the end of the year; and
without timely action from Congress, the VA would be even more
overburdened.
This program works; that is why we need it. The fact that Congress
would otherwise let this expire, when our VA system is already
overburdened, is just unconscionable.
I urge my colleagues to support this amendment.
I reserve the balance of my time.
Mr. MILLER of Florida. Mr. Chairman, I ask unanimous consent to claim
the time in opposition, even though I do not oppose it.
The Acting CHAIR. Is there objection to the request of the gentleman
from Florida?
There was no objection.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. MILLER of Florida. Mr. Chair, I thank the gentleman from
California (Mr. Takano) for bringing this piece of legislation to the
floor. It is something that we already have passed, but putting it in a
couple of different places probably doesn't hurt, so I would urge my
colleagues to support this amendment.
I yield back the balance of my time.
Mr. TAKANO. Mr. Chair, at this time, I would like to use the
remaining time I have on this amendment to make the following
statement.
I would like to take a moment to recognize Chairman Miller, who will
be retiring at the end of this Congress.
I have only been acting ranking member for a couple of months, but I
have enjoyed working with him as a member of the committee for the last
4 years. He is a dedicated public servant. He is charming and wily,
and, with a smile, he can convince anyone across the table from him
that his way is the right way, even though it is not.
I consider him a friend, but also a worthy adversary. Although we are
at odds today on this underlying bill, I have enjoyed the bipartisan
nature of the Veterans' Affairs Committee. I think we set an example
for the American people that Congress can come together and get things
done.
With all this talk about Congresswoman Dina Titus' Appeals
Modernization bill, I am reminded of another Titus bill. I worked with
the chairman to include language in the Choice Act that increased the
number of graduate medical education slots at the VA--1,500, to be
exact. It was one of my proudest moments as a legislator, and I will
look back fondly on the experience of working with Chairman Miller. We
did right by veterans, and we did right by the American people.
Mr. Chairman, I thank you for your service, and I wish you the best
of luck with your retirement.
I urge my colleagues to support my amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Takano).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. TAKANO. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.
Amendment No. 16 Offered by Mr. O'Rourke
The Acting CHAIR. It is now in order to consider amendment No. 16
printed in House Report 114-742.
Mr. O'ROURKE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Add at the end the following new section:
SEC. 11. RECRUITMENT OF PHYSICIANS IN DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Section 7402(b)(1) of title 38, United
States Code, is amended--
(1) by inserting ``or to be offered a contingent
appointment to such position,'' after ``position,''; and
(2) by striking subparagraph (B) and inserting the
following new subparagraph (B):
``(B)(i) have completed a residency program satisfactory to
the Secretary; or
``(ii) with respect to an offer for a contingent
appointment upon the completion of a post-graduate training
program, complete such a residency program by not later than
two years after the date of such offer; and''.
(b) Oversight of Graduate Medical Education Programs.--The
Secretary shall--
(1) ensure that a recruiter or other similar official of
each Veterans Integrated Service Network visits, not less
than annually, each allopathic and osteopathic teaching
institution with a graduate medical education program within
the Network to recruit individuals to be appointed to
positions in the Veterans Health Administration; and
(2) submit to Congress an annual report on the
implementation of paragraph (1), including the success of
such recruiting efforts.
The Acting CHAIR. Pursuant to House Resolution 859, the gentleman
from Texas (Mr. O'Rourke) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. O'ROURKE. Mr. Chairman, I rise today to speak on behalf of
amendment No. 16, which will allow us to help the VA fulfill its
responsibilities and truly be accountable to our veterans by hiring
enough physicians and care providers so that we can meet the demands
and the needs and the care that has been earned by these veterans.
Today, by the VA's own admission, there are 43,000 authorized,
funded, but unfilled positions in our community clinics and hospitals
throughout the country. That means that veterans are waiting far too
long and, in some cases, are not able to get in to receive that care
that they have earned.
This amendment would allow the VA to begin doing what everyone else
in modern medicine in America is doing today, and that is recruiting
effectively from this country's residency programs.
Today, the VA is prohibited from talking to residents until they have
completely completed their residency. As we all know, by that point,
most of those residents have selected an employer, and that employer is
not the VA.
This brings us into line with every other Federal recruiting practice
throughout the government and brings us in line with the private and
other
[[Page H5465]]
public sector employers against whom we are competing.
I will note that this amendment is also sponsored by Ms. Stefanik of
New York. It enjoys bipartisan support.
I urge my colleagues to join me in supporting this.
Lastly, Mr. Chair, before I yield to my ranking member, I want to
join Representative Takano in recognizing the incredible service of
Chairman Miller, who has really ensured that this is the most
bipartisan committee in the Congress, and that bipartisanship is needed
now more than ever. If we are going to fix a VA system and deliver the
care that those veterans have earned, we are going to need everyone
working together as closely as possible, and Chairman Miller has done a
lot of work toward that end. So I want to thank him for his service and
for what he has done for this committee and for veterans throughout the
country.
Mr. Chairman, may I inquire as to how much time I have remaining.
The Acting CHAIR. The gentleman from Texas has 2\1/2\ minutes
remaining.
Mr. O'ROURKE. Mr. Chair, I yield 2 minutes to the gentleman from
California (Mr. Takano), the ranking member.
Mr. TAKANO. Mr. Chairman, I fully support the gentleman's amendment,
and I encourage my colleagues to do the same.
Mr. O'ROURKE. Mr. Chairman, I yield back the balance of my time.
Mr. MILLER of Florida. Mr. Chairman, I ask unanimous consent to claim
the time in opposition, even though I am not opposed to the amendment.
The Acting CHAIR. Is there objection to the request of the gentleman
from Florida?
There was no objection.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. MILLER of Florida. I yield myself such time as I may consume.
Mr. Chairman, I want to thank Mr. O'Rourke, a valued member of our
committee, and Ms. Stefanik for bringing this timely piece of
legislation to the floor in amendment form. I think it is very
important.
As the VA tries to recruit new physicians to fill the 40,000-plus
openings that they may have at any one time, it is important to be able
to get the younger folks that are coming in so that they can be a part
of the VA system and helping our veterans.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. O'Rourke).
The amendment was agreed to.
{time} 1515
Amendment No. 17 Offered by Mr. O'Rourke
The Acting CHAIR. It is now in order to consider amendment No. 17
printed in House Report 114-742.
Mr. O'ROURKE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Add at the end the following new section:
SEC. 11. AUTHORITY TO DISCLOSE CERTAIN MEDICAL RECORDS OF
VETERANS WHO RECEIVE NON-DEPARTMENT OF VETERANS
AFFAIRS HEALTH CARE.
Section 7332(b)(2) of title 38, United States Code, is
amended by adding at the end the following new subparagraph:
``(H) To a non-Department entity (including private
entities and other departments or agencies of the Federal
Government) that provides hospital care or medical treatment
to veterans.''.
The Acting CHAIR. Pursuant to House Resolution 859, the gentleman
from Texas (Mr. O'Rourke) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. O'ROURKE. I yield myself such time as I may consume.
Mr. Chairman, as we now know, we are 43,000 providers short within
the VA, which means that there is an unmet need and demand from
veterans in the communities that we serve and whom we represent. To be
able to bridge this gap, we are going to have to more effectively
leverage capacity for care in public and private institutions
throughout this country. These are public hospitals, private hospitals,
and public and private clinics.
There are different means of doing this right now, which the VA
Secretary seeks to streamline into one program, and I support this; but
in the meantime, while we are largely dependent on the Choice Program
that this Congress passed not too long ago, we must ensure that the
care for these veterans is coordinated in a seamless manner.
Part of the problem in doing that is that the medical records for
veterans are not effectively traveling with them from the VA to their
provider in the community, and, in fact, because of an antiquated
interpretation of veterans' medical information records, veterans have
to sign a waiver allowing the VA to share that information.
Now, no other provider of medical care in this country operates under
those same standards. And today, it is estimated that fewer than 3
percent of veterans have affirmatively signed these release forms
allowing their information to be effectively shared with the community
providers so that provider can make informed medical decisions for that
veteran's treatment.
Inclusion of this amendment in the final bill's passage will ensure
that we bring the VA up to modern medical standards, where veterans
will still be protected by HIPAA and privacy laws but will have their
critical medical information effectively shared without fear of
exposure of any of their private and identifiable information.
Mr. Chairman, I ask that the Congress support this amendment into
inclusion in the final bill so that we can effectively leverage that
care in the community.
Mr. Chairman, I yield back the balance of my time.
Mr. MILLER of Florida. Mr. Chairman, I ask unanimous consent to claim
the time in opposition, even though I do not oppose the amendment.
The Acting CHAIR. Is there objection to the request of the gentleman
from Florida?
There was no objection.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. MILLER of Florida. Mr. Chairman, I yield myself such time as I
may consume.
Again, Mr. O'Rourke has brought an outstanding addition to this
important piece of legislation. It is critical for continuity and the
provision of safe, quality health care to our veterans to allow them to
be able to communicate back and forth without any impediments, so I
appreciate Mr. O'Rourke's hard work and, again, bringing this amendment
to the floor. I urge my colleagues to support it.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. O'Rourke).
The amendment was agreed to.
Amendment No. 18 Offered by Mr. O'Rourke
The Acting CHAIR. It is now in order to consider amendment No. 18
printed in House Report 114-742.
Mr. O'ROURKE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 54, add after line 2 the following:
SEC. 11. SURVEY OF VETERAN EXPERIENCES WITH DEPARTMENT OF
VETERANS AFFAIRS MEDICAL CARE.
(a) In General.--The Secretary of Veterans Affairs shall
seek to enter into a contract with a non-government entity
with significant experience conducting scientifically
verifiable surveys and research to conduct an annual survey
of a statistically significant sample of veterans who reside
in the geographic area served by each of the medical
facilities of the Department of Veterans Affairs to determine
the nature of the experiences of such veterans in obtaining
hospital care and medical services furnished by the Secretary
at each such medical facility. Each such survey shall be
conducted using scientific and verifiable methods. Such
contract shall provide that the non-government entity shall
conduct such annual surveys during the five-year period
beginning on the date on which the Secretary enters into the
contract with the non-government entity.
(b) Contents.--The contract entered into under subsection
(a) shall provide that each survey conducted pursuant to the
contract shall be specific to a medical facility of the
Department and shall include questions relating to the
experiences of veterans in requesting and receiving
appointments for hospital care and medical services furnished
by the Secretary at that medical facility, including
questions relating to each of the following:
(1) The veteran's ability to obtain hospital care and
medical services at the facility in a timely manner.
(2) The period of time between the date on which the
veteran requests an appointment at the facility and the date
on which the appointment is scheduled.
[[Page H5466]]
(3) The frequency with which scheduled appointments are
cancelled by the facility.
(4) The quality of hospital care or medical services the
veteran has received at the facility.
(c) Consultation.--The contract entered into under
subsection (a) shall provide that in designing and conducting
the surveys for each medical facility of the Department
pursuant to such contract, the non-government entity shall
consult with veterans service organizations.
(d) Certification.--The contract entered into under
subsection (a) shall provide that--
(1) before conducting a survey pursuant to the contract,
the non-government entity shall submit the proposed survey to
the Comptroller General who shall assess whether the survey
is scientifically valid and whether the proposed sample size
of veterans to be surveyed is statistically significant; and
(2) the non-government entity may not conduct such a survey
until the Comptroller General provides such a certification
for the survey.
(e) Submittal of Results and Public Availability of
Information.--Not later than 30 days after the completion of
the surveys conducted pursuant to a contract entered into
under subsection (a) for a year, the Secretary shall make the
results of the surveys publicly available on the Internet
website of the Department.
(f) Paperwork Reduction.--Subchapter I of chapter 35 of
title 44, United States Code shall not apply to this section.
(g) Deadline for Implementation.--The Secretary shall enter
into a contract under subsection (a) for each medical
facility of the Department by not later than 180 days after
the date of the enactment of this Act.
The Acting CHAIR. Pursuant to House Resolution 859, the gentleman
from Texas (Mr. O'Rourke) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. O'ROURKE. I yield myself such time as I may consume.
Mr. Chairman, I rise today to speak on behalf of this amendment No.
18, which we are referring to as the Ask a Veteran amendment to the
underlying bill.
This essentially builds on some of the pioneering work taking place
in the community I have the privilege to represent in El Paso, Texas.
Before the wait-time scandal broke in Phoenix, we were hearing alarming
discrepancies between what the VA was telling us that a veteran was
waiting in our community and what we were hearing at our townhalls from
veterans themselves.
In order to try to resolve this issue, we conducted a scientific
survey by an independent third-party with a margin of error under 4
percent to ask veterans from their own experience and in their own
words what they had experienced in terms of care at the VA. We found
that instead of meeting the 14-day standard then in place by the VA for
access to care, veterans, on average, were waiting over 70 days to see
a primary care physician and over 60 days to see a mental health care
provider.
Most alarmingly, 37 percent of the veterans who were surveyed who
sought mental health care were not able to get an appointment in 14
days or 60 days or 1 year. They never got in at all. It is important
that we remember that in the context of the VHA's recent admission that
after a scientific survey of veterans in all 50 States, an average of
20 veterans a day are taking their lives in this country, and 14 of
those 20 veterans who will take their lives today have not had a chance
to see someone at the VA.
We have learned that we cannot depend on the VA to tell us how the VA
is doing. We must ask veterans directly. This amendment will do just
that. It will, in every community that we serve, ask the veterans
themselves how long they are waiting, when they first requested care
and when that was received, the continuity of that care, the quality of
that care, and the customer service.
If we are to create a culture of accountability in the VA, as the
chairman has said over and over again, and which I agree with
wholeheartedly, we need to ask the veterans directly about their
experience. We can no longer make the same mistake of trusting the VA
to tell us how the VA is doing.
Mr. Chairman, I ask for this body's full support of this measure that
will help us hold the VA in check, keep them accountable, and ensure
that veterans always have a voice in oversight of this most important
institution.
Mr. Chairman, I yield 30 seconds to the gentleman from California
(Mr. Takano), the ranking member.
Mr. TAKANO. Mr. Chairman, I thank the gentleman from Texas for
yielding me 30 seconds. Mr. Chairman, I fully support his amendment,
and I encourage my colleagues to do the same.
Mr. O'ROURKE. Mr. Chairman, I yield back the balance of my time.
Mr. MILLER of Florida. Mr. Chairman, I ask unanimous consent to claim
the time in opposition, even though I do not oppose the amendment.
The Acting CHAIR. Is there objection to the request of the gentleman
from Florida?
There was no objection.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. MILLER of Florida. Mr. Chairman, I yield myself such time as I
may consume.
Again, Mr. O'Rourke has brought another good piece of legislation to
the floor. In fact, this has previously passed the House in the 113th
Congress. I think that veterans' voices must be heard, and we also must
be careful how the questions are asked. We know how any survey or poll
can be manipulated. It is very important that this is a trusted survey.
I would urge my colleagues to support this amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. O'Rourke).
The amendment was agreed to.
Amendment No. 19 Offered by Mr. Takano
The Acting CHAIR. It is now in order to consider amendment No. 19
printed in House Report 114-742.
Mr. TAKANO. Mr. Chairman, as the designee of the gentleman from
Minnesota (Mr. Walz), I offer amendment No. 19.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 54, add after line 2 the following:
SEC. 11. PROVISION OF STATUS UNDER LAW BY HONORING CERTAIN
MEMBERS OF THE RESERVE COMPONENTS AS VETERANS.
(a) Veteran Status.--
(1) In general.--Chapter 1 of title 38, United States Code,
is amended by inserting after section 107 the following new
section:
``Sec. 107A. Honoring as veterans certain persons who
performed service in the reserve components
``Any person who is entitled under chapter 1223 of title 10
to retired pay for nonregular service or, but for age, would
be entitled under such chapter to retired pay for nonregular
service shall be honored as a veteran but shall not be
entitled to any benefit by reason of this section.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 107 the following new item:
``107A. Honoring as veterans certain persons who performed service in
the reserve components.''.
(b) Clarification Regarding Benefits.--No person may
receive any benefit under the laws administered by the
Secretary of Veterans Affairs solely by reason of section
107A of title 38, United States Code, as added by subsection
(a).
The Acting CHAIR. Pursuant to House Resolution 859, the gentleman
from California (Mr. Takano) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. TAKANO. Mr. Chairman, I rise in support of the amendment, which
would provide deserved recognition for the National Guard and Reserve
retirees.
The National Guard and Reserve component retirees who have served
less than 180 straight days of Active Duty are not able to call
themselves veterans due to the legal definition. This is despite their
20 years of service to their State and their Nation and despite their
service in emergencies like floods, fires, and other natural disasters.
The amendment allows these National Guard and Reserve retirees to say
``I am a veteran,'' the ability to get a license plate showing their
veteran status and to go to the store and buy a hat that says ``Proud
Veteran'' without feeling guilty. It is simply a way to honor the men
and women who have served in and retired from our National Guard and
Reserve forces. It has no cost, and it already passed the House last by
a vote of 407-0. I urge my colleagues to support the amendment.
Mr. Chairman, I reserve the balance of my time.
[[Page H5467]]
Mr. MILLER of Florida. Mr. Chairman, I ask unanimous consent to claim
the time in opposition to the amendment, even though I do not oppose
it.
The Acting CHAIR. Is there objection to the request of the gentleman
from Florida?
There was no objection.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. MILLER of Florida. I yield myself such time as I may consume.
Mr. Chairman, this is an important piece of legislation to many. It
would give the ability for those who have served in the National Guard
or Reserve for 20 years selflessly to be able to call themselves a
veteran. It has already passed the House, as my colleague has already
brought to our attention, back in February.
Representative Walz is steadfast in his support of the National Guard
and Reserve and all those who have worn the uniform of this Nation. I
think it is very fitting that it be a part of this legislation today. I
urge its passage.
Mr. Chairman, I yield back the balance of my time.
Mr. TAKANO. Mr. Chairman, I have no further speakers, and I urge all
my colleagues to support the amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Takano).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. TAKANO. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.
Amendment No. 20 Offered by Mr. Takano
The Acting CHAIR. It is now in order to consider amendment No. 20
printed in House Report 114-742.
Mr. TAKANO. Mr. Chairman, as the designee of the gentleman from
Minnesota (Mr. Walz), I offer amendment No. 20.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 54, add after line 2 the following:
SEC. 11. PROVISION OF REHABILITATIVE EQUIPMENT AND HUMAN-
POWERED VEHICLES TO CERTAIN DISABLED VETERANS.
(a) In General.--Section 1714(a) of title 38, United States
Code, is amended--
(1) by striking ``Any veteran'' and inserting ``(1) Any
veteran''; and
(2) by adding at the end the following new paragraph:
``(2)(A) The Secretary may furnish rehabilitative equipment
to any veteran who is entitled to a prosthetic appliance.
``(B) In carrying out subparagraph (A), the Secretary may
modify non-rehabilitative equipment owned by a veteran only
if the veteran elects for such modification.
``(C) The Secretary shall annually submit to the Committees
on Veterans' Affairs of the House of Representatives and the
Senate a report on rehabilitative equipment furnished to
veterans under subparagraph (A). Each such report shall
include, with respect to the year covered by the report--
``(i) the number of veterans eligible to receive such
rehabilitative equipment;
``(ii) the number of veterans who received such
rehabilitative equipment;
``(iii) the number of veterans who elected to receive
modified equipment pursuant to subparagraph (B); and
``(iv) any recommendations of the Secretary to improve
furnishing veterans with rehabilitative equipment.
``(D) In this paragraph, the term `rehabilitative
equipment' means--
``(i) rehabilitative equipment, including recreational
sports equipment that provide an adaption or accommodation
for the veteran, regardless of whether such equipment is
intentionally designed to be adaptive equipment; and
``(ii) includes hand cycles, recumbent bicycles, medically
adapted upright bicycles, and upright bicycles.''.
(b) No Additional Funds.--No additional funds are
authorized to be appropriated to carry out the requirements
of this section and the amendments made by this section. Such
requirements shall be carried out using amounts otherwise
authorized.
The Acting CHAIR. Pursuant to House Resolution 859, the gentleman
from California (Mr. Takano) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. TAKANO. Mr. Chairman, I rise in support of the amendment, which
would allow the VA flexibility in providing equipment to help injured
veterans recover through adaptive recreation. Specifically, it allows
the Secretary of the VA to furnish rehabilitative equipment to veterans
entitled to prosthetic appliances or modify nonrehabilitative equipment
owned by a veteran. For example, this bill would allow a veteran with a
prosthetic to bring his or her bike in and have it fitted to work with
their prosthetic.
Currently, the VA can purchase new recreational equipment to support
healing for the veteran, but sometimes a veteran just wants to use his
or her own equipment; they want a return to normal after a major life-
changing event that led to their need for a prosthetic.
This bill has no cost since the VA already has the equipment and the
people to do this. I urge my colleagues to support this legislation.
Mr. Chairman, I yield back the balance of my time.
Mr. MILLER of Florida. Mr. Chairman, I ask unanimous consent to claim
the time in opposition, even though I am not opposed to the amendment.
The Acting CHAIR. Is there objection to the request of the gentleman
from Florida?
There was no objection.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. MILLER of Florida. I yield myself such time as I may consume.
Mr. Chairman, this is another valuable piece of legislation brought
to us by our friend, Mr. Walz. Disabled veterans do, in fact, need
access to adaptive equipment, including recreational sports equipment.
I think that this is a very commonsense amendment. I support it. I urge
my colleagues to support it.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Takano).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. TAKANO. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.
Amendment No. 21 Offered by Mr. Duffy
The Acting CHAIR. It is now in order to consider amendment No. 21
printed in House Report 114-742.
Mr. DUFFY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 54, after line 2, insert the following:
SEC. 11. APPOINTMENT OF LICENSED HEARING AID SPECIALISTS IN
VETERANS HEALTH ADMINISTRATION.
(a) Licensed Hearing Aid Specialists.--
(1) Appointment.--Section 7401(3) of title 38, United
States Code, is amended by inserting ``licensed hearing aid
specialists,'' after ``Audiologists,''.
(2) Qualifications.--Section 7402(b)(14) of such title is
amended by inserting ``, hearing aid specialist'' after
``dental technologist''.
(b) Requirements.--With respect to appointing hearing aid
specialists under sections 7401 and 7402 of title 38, United
States Code, as amended by subsection (a), and providing
services furnished by such specialists, the Secretary shall
ensure that--
(1) a hearing aid specialist may only perform hearing
services consistent with the hearing aid specialist's State
license related to the practice of fitting and dispensing
hearing aids without excluding other qualified professionals,
including audiologists, from rendering services in
overlapping practice areas;
(2) services provided to veterans by hearing aid
specialists shall be provided as part of the non-medical
treatment plan developed by an audiologist; and
(3) the medical facilities of the Department of Veterans
Affairs provide to veterans access to the full range of
professional services provided by an audiologist.
(c) Consultation.--In determining the qualifications
required for hearing aid specialists and in carrying out
subsection (b), the Secretary shall consult with veterans
service organizations, audiologists, otolaryngologists,
hearing aid specialists, and other stakeholder and industry
groups as the Secretary determines appropriate.
(d) Annual Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter during the
five-year period beginning on the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit to
Congress a report on the following:
(A) Timely access of veterans to hearing health services
through the Department of Veterans Affairs.
(B) Contracting policies of the Department with respect to
providing hearing health
[[Page H5468]]
services to veterans in facilities that are not facilities of
the Department.
(2) Timely access to services.--Each report shall, with
respect to the matter specified in paragraph (1)(A) for the
one-year period preceding the submittal of such report,
include the following:
(A) The staffing levels of audiologists, hearing aid
specialists, and health technicians in audiology in the
Veterans Health Administration.
(B) A description of the metrics used by the Secretary in
measuring performance with respect to appointments and care
relating to hearing health.
(C) The average time that a veteran waits to receive an
appointment, beginning on the date on which the veteran makes
the request, for the following:
(i) A disability rating evaluation for a hearing-related
disability.
(ii) A hearing aid evaluation.
(iii) Dispensing of hearing aids.
(iv) Any follow-up hearing health appointment.
(D) The percentage of veterans whose total wait time for
appointments described in subparagraph (C), including an
initial and follow-up appointment, if applicable, is more
than 30 days.
(3) Contracting policies.--Each report shall, with respect
to the matter specified in paragraph (1)(B) for the one-year
period preceding the submittal of such report, include the
following:
(A) The number of veterans that the Secretary refers to
non-Department audiologists for hearing health care
appointments.
(B) The number of veterans that the Secretary refers to
non-Department hearing aid specialists for follow-up
appointments for a hearing aid evaluation, the dispensing of
hearing aids, or any other purpose relating to hearing
health.
The Acting CHAIR. Pursuant to House Resolution 859, the gentleman
from Wisconsin (Mr. Duffy) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Wisconsin.
{time} 1530
Mr. DUFFY. Mr. Chairman, I rise today in support of my amendment,
amendment No. 20, to Chairman Miller's VA Accountability First and
Appeals Modernization Act.
My amendment would add hearing aid specialists to the list of medical
providers at the VA, allowing veterans access to timely hearing aid
adjustments while still providing them with the same quality of care.
I come from rural America. One of the issues that we come across is
that many of our veterans have hearing issues and--by the way, hearing
and audiology issues are increasing at a rate of 10 percent per year in
the VA--it takes a long time to get an appointment with an audiologist.
Once they get that appointment with the audiologist and they get a
hearing aid, oftentimes they have to come back to the audiologist,
waiting 2 weeks, 4 weeks, 6 weeks for that appointment to get that
hearing aid adjusted and fitted. Or if something goes wrong, they have
to wait another 4 weeks to go back to get it refitted and fixed.
So what this amendment would do is allow for our veterans to use
hearing aid specialists, oftentimes in their own community, getting
quick access to care so that they can hear. It is also going to free up
our audiologists to do the more serious work that is necessary with our
veterans. We are in a scenario where not only are we going to save
money, but we are also going to be able to provide better quality care
to our veterans.
In my neck of the woods, if a veteran can get a hearing aid adjusted
in their own community as opposed to driving 2 hours or 3 hours to a VA
facility, it is a big, big deal for them.
So often I am hearing stories from family members who talk about
their loved one who is maybe from Vietnam or from World War II. They
will sit around the table and just smile, nodding their head in
conversations because they can't hear.
I have heard stories where they have gotten their hearing aids and
they have actually thrown them away because they can't get
appointments. They don't know how the darn things work.
This is an easy fix. I appreciate the chairman's support. I think we
have support from my friends across the aisle. It is an easy fix with
no cost.
Mr. Chairman, I reserve the balance of my time.
Mr. TAKANO. Mr. Chairman, I claim the time in opposition, though I am
not opposed to the amendment.
The Acting CHAIR. Without objection, the gentleman from California is
recognized for 5 minutes.
There was no objection.
Mr. TAKANO. Mr. Chair, I am prepared to support the amendment, and I
urge my colleagues to do the same.
Mr. Chair, I yield back the balance of my time.
Mr. DUFFY. Mr. Chair, I appreciate the gentleman's support.
Mr. Chair, I include in the Record six letters from numerous veterans
service organizations in support of H.R. 5620, as amended.
Iraq and Afghanistan
Veterans of America,
August 26, 2016.
Hon. Jeff Miller,
Chairman, House Committee on Veterans Affairs, Washington,
DC.
Dear Chairman Miller, Iraq and Afghanistan Veterans of
America (IAVA) and our 425,000 members are pleased to offer
our strong support for H.R. 5620, the VA Accountability First
and Appeals Modernization Act.
It has been over two years since the scandal in Phoenix
alerted the country to the egregious state of the VA health
care system. And yet little has been done to ensure the VA is
equipped with the necessary authorities to address workforce
accountability. The large majority of VA employees serve
veterans with distinction, but there are employees whose poor
performance or, at worst, gross negligence put veterans at
risk. They need to immediately be removed from the VA to
restore trust within the VA system. IAVA believes this
legislation provides the VA leadership those necessary
authorities while still providing due process. While
accountability at the VA is past due, the changes to due
process and the appointments clause ensure such
accountability is done responsibly.
Additionally, this legislation provides many improvements
to the disability compensation appeals process desperately
needed at the VA to better manage the appeals backlog.
Reducing burdensome red tape will better serve veterans and
their families and will improve efficiency within the VA.
Veterans have made great sacrifices in service to our
nation, and IAVA believes they deserve a VA that can provide
the level of care they have earned. If we can be of help,
please contact Tom Porter, IAVA's Legislative Director.
Sincerely,
Jonathan Schleifer,
Interim Chief Policy Officer,
Iraq and Afghanistan Veterans of America.
____
National Association for
Uniformed Services,
Springfield, VA, July 13, 2016.
Hon. Jeff Miller,
Chairman, House Committee on Veterans' Affairs, Washington,
DC.
Dear Chairman Miller: On behalf of the nationwide
membership of the National Association for Uniformed Services
(NAUS), I would like to offer our full support for H.R. 5640,
a bill that combines VA accountability provisions with
personnel appeals reform.
Your legislation would enhance the power of the Department
of Veterans Affairs to hold its employees accountable for
their actions and for when they abuse their public trust and
their obligation to care for sick and injured veterans. At
the same time, your bill is balanced. It does not come at the
expense of fairness and equitable treatment of VA employees.
NAUS supports efforts to reform VA into an organization
worthy of the veterans it is charged with serving. Various
personnel policies and antiquated rules have played a part in
pushing its ranks into a culture of corruption that has led
to a list of scandals in VA facilities nationwide. It is time
to ensure accountability where it is needed.
Once again, thank you for introducing legislation that will
address the intolerably corrosive culture of no-
accountability at the Department of Veterans Affairs. Thank
you as well, for your continued support for America's
veterans.
Sincerely,
Richard A. Jones,
Legislative Director.
____
Reserve Officers Association,
Washington, DC, July 15, 2016.
Hon. Jeff Miller,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
Dear Chairman Miller: The Reserve Officers Association of
the United States supports H.R. 5620, the ``VA Accountability
First and Appeals Modernization Act of 2016,'' to amend title
38 U.S.C., giving the Secretary of Veterans Affairs broader
authority to establish performance accountability among
employees within the department and to reform the disability
claims appeal process.
The public's trust in the quality of VA health care and
benefits administration has needlessly suffered because VA
employees were not doing their jobs and because VA managers
at all levels neglected their responsibilities. Poor
performance has cost veterans their health and even their
lives; veterans die waiting for a claim settlement. Families
trust that their loved one will be taken care of and not
taken from them.
Civil servants must be accountable; poor performance must
not be tolerated, nor rewarded with promotions and bonuses.
The VA leadership's disciplinary failure is clear: according
to congressional sources, in the wake of the 2014 scandals
only three employees have been terminated; of 452
disciplinary
[[Page H5469]]
cases, nearly a third were mitigated. ``. . . in the San
Diego [regional office], a Veteran Service Representative was
proposed for removal, but the employee only received a
suspension for less than 14 days. The suspensions can also be
misleading as we have seen plenty of cases where VA merely
uses a `paper' suspension but in reality the employee serves
a much shorter suspension, if they serve one at all.''
Accountability will strengthen the civil service: high-
performing teams will attract quality into public service. Of
special value are measures impacting the Senior Executive
Service. Essentially beyond the reach of discipline and
accountability, the SES is the ``center of gravity'' for an
agency's performance: the effects of mediocrity at the top,
with bonuses unjustified by performance, cascades
devastatingly through the ranks.
ROA also supports the act's increased whistleblower
protections; in truth, the legislative branch and the
agency's internal controls, such as its inspector general,
have at best a limited capacity to identify abuses of the
public trust that occur beyond detection, deep in the
bureaucracy. Whistleblowers are a veteran's best friend and
must be encouraged and protected.
But merely giving an agency the tools to make internal
corrections does not necessarily lead to their use: Congress
must exercise rigorous oversight, unsparingly revealing to
public scrutiny the failures of agency heads and the
administration in discharging their duties, and exerting all
influential means appropriate to bring about correction.
ROA has a membership of 50,000 and is the only national
military association that exclusively supports all the
uniformed reserve components of the United States. Thank you
for your efforts on this issue, and your support of our
veterans. Please have your staff call Susan Lukas, ROA's
legislative director with any question or issue you would
like to discuss.
Sincerely,
Jeffrey E. Phillips,
Executive Director.
____
Student Veterans of America,
Washington, DC, July 7, 2016.
Chairman Jeff Miller,
Committee on Veterans Affairs,
House of Representatives.
Chairman Miller: On behalf of Student Veterans of America
(SVA), a coalition of over 1,390 student veteran organization
chapters at colleges and universities with over 550,000
student veterans at those campuses, I am writing to express
our support of HR 5620 the ``VA Accountability First and
Appeals Modernization Act of 2016''. The bill supports
stronger accountability measures for Department of Veterans
Affairs employees and increases the efficiency of the
disability appeals process. This bill gives the VA secretary
the authority to take necessary action against negligent
employees, such as recalling their bonuses and relocation
expenses. Accountability is a major challenge for the VA and
this bill addresses accountability challenges with specific
measures. In addition, we support reform of the benefit
appeals process.
As supporters of the previous legislation the ``VA
Accountability Act of 2015'', we support these necessary
changes. Student veterans nationally rely on the Department
of Veteran Affairs for benefits and for health care as well
as other programs and services. The goals of HR 5620 align
with those of SVA. As Secretary McDonald said, ``As the
Nation's foremost advisory body in medicine and healthcare,
you know that the Department of Veterans Affairs is in the
midst of overcoming problems involving access to healthcare.
We own them, and we're fixing them.''
The Secretary of the Department of Veterans Affairs
requires legislative authority to fix accountability
challenges so he may hold employees accountable with
appropriate policies and processes. SVA supports this bill
for these reasons. Please contact us should you have any
questions or concerns.
Respectfully,
James Schmeling,
Executive Vice President.
____
July 22, 2016.
Hon. Jeff Miller,
Chairman, House Committee on Veterans Affairs, Washington DC.
Dear Chairman Miller: VetsFirst, a program of United Spinal
Association is writing to express its upmost support for H.R.
5620, ``VA Accountability First and Appeals Modernization Act
of 2016.'' As a VA recognized National Veterans Service
Organization, United Spinal Association, through its
VetsFirst program, advocates on behalf of all of our nation's
veterans. With the numerous scandals plaguing VA now, it is
essential that Congress take action to rectify the situation
and this legislation is an important first step.
The VA Accountability First and Appeals Modernization Act
of 2016 is a worthy piece of legislation as it proposes to
tackle several issues that have undercut the taxpayers' faith
in VA. H.R. 5620 provides for the removal or demotion of
employees based on performance or misconduct. This is
critical as it not only removes bad apples within VA, but
addresses the culture of VA and shows that Congress will no
longer tolerate the abuse of our nation's veterans. It
provides for the reduction of benefits for senior executive
service (SES) members convicted of certain crimes, recoups
bonuses and relocation bonuses of certain VA employees,
streamlines personnel actions and addresses the treatment of
whistleblowers. Finally, it provides much needed reform to
the current VA appeals process. This reform is essential as
it addresses employee's misconduct more efficiently, while
establishing procedures that ensure the accused's
Constitutional rights are properly protected.
VetsFirst, believes that Veterans deserve honest, timely
and efficient service. For too long VA and its culture have
allowed for abuses against those who have sacrificed for this
nation. H.R. 5620 addresses both the abuses and the need for
cultural reform. Therefore, we are proud to offer our support
for this meaningful legislation.
If we can be of further assistance, please contact Ross
Meglathery, Vice President of VetsFirst, if VetsFirst can be
of assistance.
Sincerely,
Ross Meglathery,
Vice President, VetsFirst,
a program of United Spinal Association.
____
United States Army,
Warrant Officers Association,
Herndon, VA, August 9, 2016.
Hon. Jeff Miller,
Chairman, House Veterans Affairs Committee, House of
Representatives, Washington, DC.
Dear Chairman Miller: The United States Army Warrant
Officers Association (USAWOA) is the only military service
organization thoroughly devoted to the welfare of Army
Warrant Officers--serving, former and retired--and their
families. The USAWOA writes in support of your bill, H.R.
5620, the ``VA Accountability First and Appeals Modernization
Act of 2016.''
Your bill would provide the Secretary of the Department of
Veterans Affairs (VA) increased flexibility to remove VA
employees for performance or misconduct, would provide
improved protections for whistleblowers (including
restricting bonus awards for supervisors who retaliate
against whistleblowers), and would strengthen accountability
of VA Senior Executive Service (SES) employees.
This legislation would also reform and streamline the VA's
appeals process for disability benefits. This is crucial, as
the backlog of appeals appears to be growing at geometric
rates.
USAWOA joined other members of The Military Coalition in
working hard with members of Congress on the VA Choice Act in
2014. H.R. 5620 expands on this good work, to provide vastly
more efficient service to our Veterans in need, as it also
enforces greater accountability of the professionals tasked
with serving them.
The USAWOA thanks you for your leadership on this issue.
Please do not hesitate to contact me for clarification of
USAWOA's position on this, or any other issue in the future.
Sincerely,
Jack Du Teil,
Executive Director.
Mr. DUFFY. Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Wisconsin (Mr. Duffy).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. TAKANO. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Wisconsin
will be postponed.
Amendment No. 22 Offered by Mr. Miller of Florida
The Acting CHAIR. It is now in order to consider amendment No. 22
printed in House Report 114-742.
Mr. MILLER of Florida. Mr. Chair, I offer an amendment as the
designee of the gentleman from New Jersey (Mr. Lance).
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 54, after line 2, insert the following:
SEC. 11. ANNUAL REPORT ON PERFORMANCE OF REGIONAL OFFICES OF
THE DEPARTMENT OF VETERANS AFFAIRS.
Section 7734 of title 38, United States Code, is amended--
(1) in the first sentence, by inserting before the period
the following: ``and on the performance of any regional
office that fails to meet its administrative goals'';
(2) in paragraph (2), by striking ``and'';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following new
paragraph (3):
``(3) in the case of any regional office that, for the year
covered by the report, did not meet the administrative goal
of no claim pending for more than 125 days and an accuracy
rating of 98 percent--
``(A) a signed statement prepared by the individual serving
as director of the regional office as of the date of the
submittal of the report containing--
``(i) an explanation for why the regional office did not
meet the goal;
``(ii) a description of the additional resources needed to
enable the regional office to reach the goal; and
[[Page H5470]]
``(iii) a description of any additional actions planned for
the subsequent year that are proposed to enable the regional
office to meet the goal; and
``(B) a statement prepared by the Under Secretary for
Benefits explaining how the failure of the regional office to
meet the goal affected the performance evaluation of the
director of the regional office; and''.
The Acting CHAIR. Pursuant to House Resolution 859, the gentleman
from Florida (Mr. Miller) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Florida.
Mr. MILLER of Florida. Mr. Chair, I offer this amendment, which is
similar to a provision that was previously passed in the House in the
113th Congress. It improves transparency and provides important
information about each regional office's accuracy and productivity.
I think that each regional office is required to submit a report
whenever it fails to meet its goal of processing claims within 125 days
and with 98 percent accuracy. Those are numbers that VA has set forth.
I think that it is very important that we keep a timely track on this
and not allow the backlogs to continue for an inordinate period of
time.
I urge my colleagues to support the amendment.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Florida (Mr. Miller).
The amendment was agreed to.
Mr. MILLER of Florida. 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.
Miller of Florida) having assumed the chair, Mr. Rothfus, Acting Chair
of the Committee of the Whole House on the state of the Union, reported
that that Committee, having had under consideration the bill (H.R.
5620) to amend title 38, United States Code, to provide for the removal
or demotion of employees of the Department of Veterans Affairs based on
performance or misconduct, and for other purposes, had come to no
resolution thereon.
____________________