[Congressional Record (Bound Edition), Volume 162 (2016), Part 9]
[House]
[Pages 12681-12688]
[From the U.S. 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 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

[[Page 12682]]

     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 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.

[[Page 12683]]


  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.
       (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

[[Page 12684]]

       (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.
  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

[[Page 12685]]

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 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:

[[Page 12686]]

       (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

[[Page 12687]]

     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 
     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):

[[Page 12688]]

       ``(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
       ``(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.

                          ____________________