[Congressional Record (Bound Edition), Volume 154 (2008), Part 12]
[House]
[Pages 16865-16866]
[From the U.S. Government Publishing Office, www.gpo.gov]




  ESTABLISHING AN OMBUDSMAN WITHIN THE DEPARTMENT OF VETERANS AFFAIRS

  Mr. HARE. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 2192) to amend title 38, United States Code, to establish an 
Ombudsman within the Department of Veterans Affairs, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2192

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ESTABLISHMENT OF OFFICE OF THE OMBUDSMAN IN 
                   VETERANS HEALTH ADMINISTRATION.

       (a) Office of the Ombudsman.--
       (1) Establishment.--Subchapter I of chapter 73 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 7309. Office of the Ombudsman

       ``(a) Office; Directors.--There is established in the 
     Veterans Health Administration an Office of the Ombudsman (in 
     this section referred to as the `Office'). The Office shall 
     be headed by a Director appointed by the Secretary. The 
     Director shall report directly to the Secretary.
       ``(b) Duties of Office.--The Office shall--
       ``(1) be responsible for ensuring--
       ``(A) all matters referred to the Office are handled in a 
     confidential manner; and
       ``(B) any action taken by the Administration with respect 
     to such a matter does not negatively affect the ability of 
     any veteran to receive health care or benefits under a law 
     administered by the Secretary; and
       ``(2) serve as a last resort for complaints and issues that 
     cannot be resolved at a local or regional level in the 
     Administration.
       ``(c) Duties of Director.--The Director shall--
       ``(1) be responsible for overseeing the efforts of patient 
     advocates in the Administration;
       ``(2) develop and make available to local offices of the 
     Administration tools for monitoring the work of such patient 
     advocates and standards to evaluate the work of such patient 
     advocates;
       ``(3) determine trends, in terms of numbers, topics, and 
     facility locations, in patient issues and complaints;
       ``(4) participate in such national quality conferences of 
     the Administration as the Under Secretary for Health may 
     designate;
       ``(5) help coordinate assistance for veterans who need 
     assistance from the Administration in more than one region of 
     the Administration; and
       ``(6) maintain a public Web site with links to contact 
     information for each patient advocate at each medical center 
     of the Department.
       ``(d) Regional Administrators.--The Director shall appoint 
     three regional administrators to support facilities of the 
     Administration and veterans integrated service networks in 
     their patient advocacy work, to identify best practices for 
     patient advocacy work and inform such facilities and networks 
     of such best practices, and to receive and refer to the board 
     established under subsection (e) appeals from veterans in 
     their respective regions who are not satisfied with the 
     efforts of their local medical center of the Department and 
     veteran integrated service network.
       ``(e) Board.--The Director shall establish a board composed 
     of the Director and the three regional administrators 
     appointed under subsection (d) to hear appeals referred to 
     the board by a regional administrator under subsection (d) 
     and issue a letter explaining the board's decision regarding 
     such appeal and outlining possible steps for resolving issues 
     raised in such appeal.
       ``(f) Limitation on Statutory Construction.--Nothing in 
     this section shall be construed as affecting the authority 
     and responsibility of coordinators of patient advocates for 
     severely injured veterans of Operation of Enduring Freedom 
     and severely injured veterans of Operation Iraqi Freedom.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 7308 the following new item:

``7309. Office of the Ombudsman.''.
       (b) Deadline for Designation of Ombudsman.--Not later than 
     180 days after the date of the enactment of this Act, the 
     Secretary of Veterans Affairs shall designate an individual 
     to serve as the Ombudsman of the Veterans Health 
     Administration under section 7309 of title 38, United States 
     Code, as added by subsection (a).
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Illinois (Mr. Hare) and the gentleman from Kansas (Mr. Moran) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Illinois.
  Mr. HARE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am glad my colleagues and I on both sides of the aisle 
were able to work together to craft this important piece of 
legislation. I would like to thank the Subcommittee on Health Chairman, 
Mike Michaud of Maine, and Ranking Member Jeff Miller for the 
bipartisan leadership they demonstrated in working on this important 
bill.
  Over 30,000 servicemembers have been wounded in Operation Enduring 
Freedom and Iraqi Freedom. Many of these servicemembers suffer from 
multiple serious injuries that will require long-term care, spanning 
beyond their discharge and into the care they receive from the VA.
  In 2007, reports from the Independent Review Group, the President's 
Task Force on Returning Global War on Terror Heroes, and the 
President's Commission on Care for America's Returning Wounded 
Warriors, all highlighted the need to improve case management for 
servicemembers and veterans in the military health system and in the 
VA. In response, the VA instituted a number of initiatives to support 
veterans and their families. These measures include appointing patient 
advocates in every medical center for OEF and OIF coordinators and 
transition patient advocates for those seriously injured in combat.
  The Joint Federal Recovery Coordinator Program was also established 
to serve as a single point of contact for seriously wounded and ill 
servicemembers, veterans and their families. However, the scope of the 
FRCP is very limited. As of June 1, 2008, there were only eight 
recovery coordinators working with 80 patients. Less seriously wounded 
veterans do not have access to the FRCP. Instead, they must attempt to 
navigate the complex system using medical centers, patient advocates, 
benefit counselors, OEF and OIF coordinators, transition patient 
advocates and vet center counselors.
  H.R. 2192, as amended, would create the Office of the Ombudsman 
within the VA to oversee patient advocacy work and coordinate 
assistance for our Nation's veterans. The office would be tasked with 
identifying trends across the system in patient issues and complaints 
that would allow improvements to VA policies, practices and procedures. 
The office would also serve as the arbiter of last resort for 
complaints and issues that cannot be resolved at local or regional 
levels.
  Mr. Speaker, I urge all my colleagues to support H.R. 2912.
  I reserve the balance of my time.
  Mr. MORAN of Kansas. Mr. Speaker, I yield myself such time as I may 
consume.
  As we all know, our Nation owes its very existence to the brave men 
and women who have served in our Armed Forces. The freedoms and 
liberties that we cherish today were attained and protected through 
their sacrifice. These patriotic citizens have earned and should be 
provided the highest quality health care available.
  I want to thank the leaders of the Committee on Veterans' Affairs, 
Chairman Filner, Ranking Member Buyer, as well as Subcommittee on 
Health Chairman Michaud and Ranking Member Miller for their bipartisan 
efforts in developing the bill before us today. I also want to thank 
Mr. Hodes for introducing this legislation to establish an Office of 
Ombudsman within Department of Veterans Affairs.
  In 2007, following the disclosure of problems at Walter Reed Army 
Medical Center, the President established a Task Force on Returning 
Global War on Terror Heroes and a Commission on Care for America's 
Returning Wounded

[[Page 16866]]

Warriors. My predecessor in Congress, Senator Dole, co-chaired this 
commission.
  The recommendations of this commission compelled the VA to initiative 
a variety of measures to better assist veteran patients and their 
families. Such initiatives included appointing patient counselor 
advocates at each VA medical center, providing coordinators for 
returning OEF and OIF veterans, providing transition patient advocates 
and establishing the Joint Federal Recovery Coordinator program to 
assist seriously wounded servicemembers.
  H.R. 2192, as amended, would establish a centralized office to 
monitor the performance of these employees and provide veterans with a 
single point of contact for assistance with problems that cannot be 
resolved at the local level. The office would also track patient issues 
and complaints throughout the system and provide recommendations for 
improvements in policies, practices and procedures.
  I support H.R. 2192, as amended, to ensure that our veterans receive 
the highest quality health care available, and I urge my colleagues to 
support it as well.
  I reserve the balance of my time.
  Mr. HARE. Mr. Speaker, at this point I would like to yield 3 minutes 
to the author of H.R. 2192, a tremendous friend of veterans, not only 
in New Hampshire, but across this country, Congressman Paul Hodes.
  Mr. HODES. Mr. Speaker, I thank my distinguished colleague. I also 
would like to thank Chairman Filner, Ranking Member Buyer, as well as 
Subcommittee Chairman Michaud and Ranking Member Miller, for their 
strong bipartisan leadership in helping to bring this bill to the floor 
today.
  This bill would establish an Office of the Ombudsman in the 
Department of Veterans Affairs to help our veterans cut through the red 
tape of the vast Veterans Administration bureaucracy to get the health 
benefits they have earned. After serving their country with honor and 
distinction, the last thing our veterans need is to fight the VA back 
home. Yet, unfortunately, many veterans have told me stories of 
drowning in bureaucracy at the VA. The good news is there are lots of 
numbers to call; the bad news is there are lots of numbers to call.
  This bill was filed in response in part to the story of one of my 
constituents who was one of those soldiers trapped between active duty 
and veterans status. He was on active duty, but stuck at Walter Reed 
Army Medical Center, without knowing where to turn.
  Chris was in a Humvee which had been blown up with by an IED. His arm 
was shattered in 13 places. He had metal fragments implanted in his 
head. He was suffering from a traumatic brain injury. Fortunately, he 
turned to us and we were able to work with his family and fiancee to 
advocate for him. He ultimately got the treatment he needed and was 
honorably discharged. Last week, I saw Chris and his new wife and new 
baby. He is working in Newport, New Hampshire, as an auto mechanic and 
owns his own home. He will likely need continuing treatment in the VA 
system.
  This legislation will help veterans like Chris get the care and 
treatment they deserve, especially during the transition from active 
duty to the VA system. Our veterans who sacrificed for their country 
need help navigating that VA medical system. I wish it weren't so, but 
it is. Under this bill, veterans and their families will have advocates 
in the VA.
  Let's honor our veterans by providing them with the advocates they 
need and deserve and support the creation of the Office of the 
Ombudsman.
  Mr. BUYER. Mr. Speaker, I rise in support of H.R. 2192, as amended, 
to establish an Ombudsman within the Department of Veterans Affairs. 
The extraordinary sacrifices of members of the armed forces have 
preserved our Nation's liberty and way of life. This bill will help 
ensure that these brave men and women, who took an oath to defend 
America, receive the highest quality health care available.
  I want to commend the leaders of the Subcommittee on Health, Chairman 
Mike Michaud and Ranking Member Jeff Miller, for their bipartisan 
efforts in developing this bill. I also want to acknowledge Mr. Hodes 
for introducing this legislation to help meet the needs of our 
veterans.
  In 2007, our Nation was outraged when unacceptable conditions at 
Walter Reed Army Medical Center were exposed in a news article. In 
response, President Bush established the Task Force on Returning Global 
War on Terror Heroes and the Commission on Care for America's Returning 
Wounded Warriors. Based upon recommendations from these blue-ribbon 
commissions, VA initiated various programs to better assist VA patients 
and their families. Such programs included: appointing patient 
advocates at each VA Medical Center, providing coordinators for 
returning OEF/OIF veterans, providing Transition Patient Advocates, and 
establishing the joint Federal Recovery Coordinator Program to assist 
seriously wounded service members.
  H.R. 2192, as amended would establish a centralized office to monitor 
the performance of these employees, and provide veterans with a single 
point of contact for assistance with problems that cannot be resolved 
at the local level. The office would also track patient issues and 
complaints throughout the system and provide recommendations for 
improvements in policies, practices and procedures.
  I support H.R. 2192, as amended, to ensure that our veterans receive 
the highest quality health care available. I urge my colleagues to 
support H.R. 2192, as amended.
  Mr. MORAN of Kansas. Mr. Speaker, I yield back the balance of my 
time.
  Mr. HARE. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Illinois (Mr. Hare) that the House suspend the rules and 
pass the bill, H.R. 2192, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. MORAN of Kansas. Mr. Speaker, I object to the vote on the ground 
that a quorum is not present and make the point of order that a quorum 
is not present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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