E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, SECOND SESSION

Vol. 162 WASHINGTON, TUESDAY, SEPTEMBER 13, 2016 No. 138 House of Representatives The House met at 10 a.m. and was Just a few weeks before the dev- before disasters strike is the only way called to order by the Speaker pro tem- astating floods in the South, in to reduce the strain on local, State, pore (Mr. WEBSTER of Florida). Ellicott City, Maryland, not too far and Federal emergency response sys- f away from here, nearly 6 inches of rain tems, especially as they gear up to fell in less than 2 hours, resulting in a handle the predictable and unpredict- DESIGNATION OF SPEAKER PRO torrential flood, the likes of which able changes that climate change will TEMPORE NOAA has told us happens just once bring. The SPEAKER pro tempore laid be- every 1,000 years. Officials say that 90 I am proud to say that my hometown fore the House the following commu- businesses and 107 homes were damaged of Chicago is among the 20 percent of nication from the Speaker: and that infrastructure repairs are es- global cities that have an adaptation WASHINGTON, DC, timated to cost at least $22 million. plan to deal with the increased heat, September 13, 2016. These statistics are devastating, and, urban flooding, and severe storms that I hereby appoint the Honorable DANIEL if we fail to better prepare ourselves climate change will bring. But it is WEBSTER to act as Speaker pro tempore on for the severe impacts of manmade cli- vital that cities and towns across this day. mate change, we will only see more dis- America also prepare. Responding to PAUL D. RYAN, Speaker of the House of Representatives. asters like this. climate change demands urgent and de- First responders and emergency pro- cisive action. f fessionals deserve our utmost praise This is not a coastal issue, and it is MORNING-HOUR DEBATE and admiration, as do the kind citizens not a partisan issue. Rising seas and The SPEAKER pro tempore. Pursu- on the streets who help their neighbors severe storms don’t care if you are a ant to the order of the House of Janu- escape the rushing waters, and the peo- Democrat or a Republican. All Ameri- ary 5, 2016, the Chair will now recog- ple all over the country who contribute cans are in this together, and all Amer- nize Members from lists submitted by what they can to help put broken cities icans—including Members of Con- the majority and minority leaders for back together. But we must stop put- gress—must be prepared to deal with morning-hour debate. ting our heroes in harm’s way. climate impacts such as severe flood- The Chair will alternate recognition The science is clear, it is conclusive, ing. Together we must act to hasten between the parties, with each party and it is settled: these natural disas- the transition to a low-carbon future limited to 1 hour and each Member ters aren’t all natural. It is imperative that protects our communities from other than the majority and minority that we work to limit our impact on the impacts of climate change. The leaders and the minority whip limited the climate, but we must also prepare costs of not doing so, in lives, in tril- to 5 minutes, but in no event shall de- for the climate impacts that are now lions of dollars, and in changes to our bate continue beyond 11:50 a.m. inevitable. Prioritizing disaster pre- way of life, are too great. f paredness by being thoughtful about f where and how we construct homes, THE STATISTICS ARE businesses, and other vital infrastruc- IRAN HAS NOT CHANGED ITS DEVASTATING ture will save lives, will save homes, STRIPES The SPEAKER pro tempore. The and will save money. The SPEAKER pro tempore. The Chair recognizes the gentleman from Devastating weather events are oc- Chair recognizes the gentlewoman from Illinois (Mr. QUIGLEY) for 5 minutes. curring with greater frequency than Florida (Ms. ROS-LEHTINEN) for 5 min- Mr. QUIGLEY. Mr. Speaker, last ever before. Today, the Northeast, Mid- utes. month the Nation watched as our west, and upper Great Plains regions Ms. ROS-LEHTINEN. Mr. Speaker, friends in Louisiana were inundated by see 30 percent more heavy rainfall than since July 14, 2015, the Iranian regime record rainfall and unprecedented they did in the first half of the 20th has conducted four ballistic missile flooding. More than 7 trillion gallons of century, and manmade climate change tests with not-so-subtle warnings to water fell in Louisiana and Mississippi is already impacting the lives of every our ally and our best friend, the demo- over 8 days. Thirteen lives have been single American. cratic Jewish state of Israel, which its lost. More than 7,000 people were forced Even if you are not one of the mil- goal was to wipe Israel off the map. into 37 shelters across Louisiana. There lions who have suffered from extreme Also, since that date, we have has been an estimated $110 million in heat, widespread drought, or cata- learned that there have been side agricultural losses, and 40,000 homes strophic flooding, your tax dollars have agreements between Iran and the Inter- have been damaged. gone to help those who have. Acting national Atomic Energy Agency, the

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Sep 11 2014 23:33 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A13SE7.000 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5342 CONGRESSIONAL RECORD — HOUSE September 13, 2016 IAEA, that were not submitted to Con- real ramifications are yet to come. else would be the prudent use of Fed- gress for our review. The IAEA released Congress must take action. First, we eral funds if our goal is to prevent the a report on the possible military di- must hold the administration account- spread of disease and prevent—that is mensions, known as PMD, of Iran’s nu- able, and we must get the full truth be- prevent, not terminate—unwanted clear program that proved that Iran hind the details of this JCPOA—the pregnancies during this crisis. Politics lied about its nuclear program in the Iran nuclear deal—and the administra- and elections always seem to trump past and continued to stonewall inves- tion’s Iran policy. good, sensible policies. tigations into outstanding questions The supposed most transparent ad- So nothing yet from Congress, de- that remain; yet, the Iranian nuclear ministration in history has been any- spite the pleas from the Obama admin- deal, the JCPOA, was allowed to move thing but, going out of its way to istration, the CDC, and the American forward in spite of that. stonewall and misdirect Congress and people. But Congress is not the only Also, the Obama administration pur- our oversight responsibilities on this place in denial about Zika. chased 32 metric tons of heavy water flawed and dangerous nuclear deal. Having spent time talking to people from Iran. What makes this so egre- Second, Mr. Speaker, we must hold on the island of Puerto Rico, the people gious, Mr. Speaker, is that this pur- Iran accountable, and that means ex- are also complacent about this disease chase was arranged in order to prevent tending sanctions, expanding sanc- and the impact it will have. Many sus- Iran from violating the very terms of tions, renewing sanctions, and pre- pect that it is all hype from Wash- ington and yet another crisis to give the Iranian nuclear deal, the JCPOA. venting Iran from being able to con- the United States more control over As if that were not bad enough, with tinue down this dangerous path. the island of Puerto Rico. the administration reselling the pur- These are the actions that we must Given the island’s history, the point chased heavy water to domestic and take in Congress, Mr. Speaker, and I commercial buyers, well, that makes of view is not unreasonable that Con- stand ready to work with my col- gress just appointed an unelected con- the U.S. a proliferator of Iran nuclear leagues in a bipartisan manner to find materials, all while legitimizing Iran trol board, or junta, to take control of the right way forward because Iran has the island’s government and finances. as a nuclear supplier. Outrageous. not changed its stripes. Also, Iran has renewed its interest For decades, the United States used and increased its presence in Latin f Puerto Rico, and especially the island America and throughout the Western ZIKA IS A REAL THREAT of Vieques, for target practice for our military. And for more than a decade, Hemisphere. Iran’s Rouhani will be vis- The SPEAKER pro tempore. The iting Cuba and Venezuela in the up- the United States has been denying the Chair recognizes the gentleman from health and environmental impact of coming week. Illinois (Mr. GUTIE´ RREZ) for 5 minutes. We learned that the administration ´ that bombing, including cancer and Mr. GUTIERREZ. Mr. Speaker, it is other diseases that people on the island allowed the Iran, North Korea, and almost as if the majority would prefer Syria Nonproliferation Act sanctions know are real because their relatives to go into the final stretch of the elec- are dying. And back in my mother’s against Iran to sit on a desk during the tion season with fresh reminders of negotiations, despite a legal mandate day, in the 1950s and the 1960s, family how dysfunctional things have become. planning that came from the United to provide these reports to Congress No action on commonsense gun con- every 6 months. That was the law. It States was forced sterilization. trol measures, no action on immigra- So I understand why people are skep- was ignored. tion or climate change, no action on tical when so far it has been hard to Also, Russia announced that it has the Zika virus that is taking a huge demonstrate the consequences of the resumed the sale of S–300s to Iran. And toll in the United States and Puerto Zika virus and how it could make life just last month, Iran announced that it Rico and is poised to take an even big- any worse than it already is. But, deployed these S–300s, Russian surface- ger one. again, in just a few weeks, when we see to-air missiles, around its Fordow nu- Congress is still in denial that Zika children born with mental and physical clear site to safeguard it from attacks. is a real threat and that the next gen- The administration announced a $1.7 impairments, it will become clear that eration of children could be exposed to Zika is real. billion settlement on a 35-year dispute the disease with dangerous and debili- Puerto Rico must rise to the chal- with Iran—conveniently the day after lenge presented by Zika and bridge the sanctions were lifted on its central tating birth defects. It is hard for me to articulate this out loud, but, in just deep ocean of distrust between the bank. What a coincidence. And we Puerto Rican people and the United learned that Iran plans to use this ran- a few weeks, the first group of children born with brain development and phys- States. That is why I spent a lot of my som money for its military budget and time over the past month meeting with for the Islamic Revolutionary Guard ical problems associated with the dis- ease will be born in Puerto Rico. public health experts, doctors, and sci- Corps, the IRGC, the Quds Force, entists. Every one of them was Puerto meaning the U.S. taxpayers not only We are looking at more than 15,000 reported cases of Zika in Puerto Rico Rican, not people sent from the U.S. are on the hook for a ransom payment Puerto Rico needs an integrated, com- to Iran, but we are also subsidizing its and more than 2,000 pregnant women. At the current pace, Zika will infect a prehensive mosquito vector control nefarious activities. center that Puerto Ricans are coming Where has this transparency been? quarter of the island in the next year. This is the first mosquito-borne disease together to discuss, so it can be created When it comes to Iran and the nuclear quickly. deal, the JCPOA, there is an over- that successfully infects children in whelming sense that we are only begin- the womb through the placenta. It can b 1015 ning to scratch the surface of just how be sexually transmitted. Humans give This is the mosquito tracking eradi- bad this deal really is. We need only to Zika to mosquitoes and then go on to cation that is deployed when a disease look back at what has happened with infect other humans. is detected so that resources can be North Korea to understand the depth And Congress has the same response concentrated on a neighborhood or city and the breadth of this failed Iranian it has to almost everything—nothing. if an infectious disease like Zika is policy because, as I keep repeating, Mr. In this case, nothing flavored with a present. You saw it work in Miami. Speaker, Iran has been following the little partisan posturing over abortion Puerto Rico does not have access to North Korea playbook by the page, by in an election year. The issue for some contraception that you would expect in the letter. people seems to be that we can fund re- the 21st century, but Puerto Rican doc- And what have we just witnessed a search, prevention, and treatment as tors, gynecologists, scientists, and ex- few days ago? Well, North Korea just long as one of the most important perts are also strategizing about how conducted its second nuclear detona- proven and effective healthcare deliv- to make modern, effective, reversible tion since the JCPOA—the Iran nuclear ery mechanisms for women is excluded family planning more widely available deal—was made, and it is its fifth deto- because Planned Parenthood is on the so that women can delay pregnancy. nation in the last 10 years. Republican hit list. But while Puerto Ricans can drive Mr. Speaker, the JCPOA has been a No matter that funding Planned Par- the process of addressing Zika in Puer- foreign policy disaster already, but the enthood in Puerto Rico or anywhere to Rico—and this will lead to much

VerDate Sep 11 2014 23:33 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.003 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5343 greater acceptance of those strategies of the United States deeply impacts the This must be combined with an investment by the Puerto Rican people and greater Puerto Rican psyche, with long term effects. to address the immediate needs of those in- success in the long run—that does not And this is helping Zika spread. fected and to help women avoid or delay Now, a control board imposed by the U.S. pregnancy. Access to modern, effective, re- get Congress off the hook. government through Congress’ PROMESA versible birth control has been late in com- Puerto Rico, like the United States, legislation is preparing to take over deci- ing to the public health system in Puerto needs this Congress to fund the Presi- sion-making that will determine the future Rico, but access is growing. Women’s repro- dent’s request for funding and also for of all Puerto Ricans living on the Island. ductive health is a critical need, but for Re- the Federal Government to do its job. Distrust of Washington is at an all-time high publicans in Congress, contraception and In Puerto Rico, this includes the Envi- in Puerto Rico, based on my observations. women’s health care are lightning rods that And unfortunately, this is making it hard- ronmental Protection Agency address- tend to induce divisiveness or paralysis or er for health officials to do what needs to be both. ing toxic landfills that dot the island, done to control the Zika outbreak. Unlike in The most important thing Congress can do which are breeding grounds for mos- Miami, Florida, there was a swift and sharp is stop squabbling and fund the President’s quitos but have been overlooked by the backlash from Puerto Ricans when the idea request for a national strategy to fight Zika, EPA. of spraying Naled—an insecticide—was which would include funding to help Puerto A generation of children in Puerto raised. The CDC (Centers for Disease Control Rico address the 17 disease at ground zero. Rico and all over the United State are and Prevention) sent a shipment to the Is- Doing nothing is what this Congress is good land in anticipation of the Island requesting counting on the U.S. Congress to pro- at, but there comes a time when Republican help, but the backlash in local media ranged leaders need to put their country before tect them from the Zika virus, and I from basic environmental concerns all the their party—even in an election year—and hope this Congress puts politics aside way up to elaborate conspiracy theories that let the resources and experts of the federal and rises to the occasion. They are a fictitious colonial genocide of the Puerto government fight this disease. American citizens on the island of Rican people was at hand. Let us prevent as best we can an outbreak Puerto Rico. They will be coming to In reality, CDC Director Dr. Tom Frieden that will be tremendously costly in lives and has personally assured me that Naled is a hardship in the decades to come. Congress the United States when they need pesticide used widely for a long time—in- health care. must act now. The CDC must be allowed to cluding in Miami and other U.S. cities—with act now. The next generation, the future of Mr. Speaker, I include in the RECORD very few consequences for people. The con- Puerto Rico, is likely to be born with re- the op-ed piece I wrote for The Hill sequences for the environment and other in- duced brain capacity, birth defects and a newspaper on Zika and Puerto Rico. sects—including bees—can be minimized range of developmental disabilities. Let’s [Sept. 12, 2016] through sensible application of Naled. But, face it, in the arena of evolution—the mos- in this era of deep distrust, none of the facts quitos are winning. Puerto Rico—and Puerto U.S. AND PUERTO RICO MUST COOPERATE ON are reassuring to Puerto Ricans. The Naled Ricans—must understand how serious this ZIKA shipment, if it is still in Puerto Rico, re- really is and address it aggressively with all ´ (By Rep. Luis V. Gutierrez) mains unused. Due to years of random un- tools at their disposal, including help from The rapid spread of the Zika virus in Puer- checked chemical pesticide use by private the federal government. We need to act in to Rico is a very, very big problem for the providers, mosquitos in Puerto Rico are concert for the good of Puerto Rico and the U.S. and Puerto Rico but the colonial rela- highly resistant to common chemical strate- United States. tionship between the U.S. and Puerto Rico is gies. Naled was one of the only effective op- f making it a lot worse. The reason this mat- tions currently available. Mosquitos breed ter is so important to the United States—be- quickly, bite quietly and thrive in urban and MENTAL HEALTH CRISIS yond the obvious concern for the well-being rural areas—sometimes hitting four or five people in a single meal—so the spread of the The SPEAKER pro tempore. The of our fellow citizens in Puerto Rico, of Chair recognizes the gentleman from course—is that thousands of U.S. tourists disease in Puerto Rico is happening astonish- and visitors go back and forth to Puerto ingly quickly. Pennsylvania (Mr. MURPHY) for 5 min- Rico and thousands of Puerto Ricans leave Part of the problem can be addressed if the utes. the Island permanently for life in the U.S., CDC and Puerto Rico work together to build Mr. MURPHY of Pennsylvania. Mr. driven out by the financial crisis gripping on the success they have had in addressing Speaker, over the weekend, The Denver the Island. Zika is the first mosquito-borne the Dengue Fever virus, another mosquito- Post Editorial Board published a piece virus known to cause birth-defects and to be borne disease that—like Chikungunya—has supporting the Helping Families in sexually transmitted, so an outbreak of the hit Puerto Rico hard. The CDC scientists have provided research and resources to com- Mental Health Crisis Act, H.R. 2646. magnitude that has already hit Puerto Rico Their endorsement joins 72 other pa- is a public health crisis for the United States bat Dengue for over 35 years. An important first step would be for Puer- pers, including The Wall Street Jour- as well. to Rico to create an integrated, comprehen- If you talk to average Puerto Ricans on nal, The Washington Post, and the Na- sive mosquito control center, but given the the Island as I often do, they are not experi- tional Review. financial crisis in Puerto Rico, this will only encing Zika as a big issue. They do not think I thank my colleagues from Colorado, happen if the federal government funds it Representative MIKE COFFMAN and the threat is real. Most people who are in- and the Puerto Rican people accept it. A fected feel no symptoms and the negative group of international and local technical SCOTT TIPTON, who were both cospon- consequences only affects pregnant women— experts in vector control management met sors of H.R. 2646. Their State, unfortu- or so most people think. Puerto Ricans, hav- in San Juan in May of 2016 and came to this nately, is all too familiar with the re- ing lived with mosquito transmitted diseases same conclusion. The potential to control alities of mental illness and the trage- for decades, have become immune to dire and eliminate the Zika-carrying mosquito warnings from so-called experts and some dies that come along when there is no from Puerto Rico is possible with a well- treatment for those who suffer from it. are resigned to the false notion that nothing funded mosquito control center that imple- can be done. In Colorado, every 8 hours, one per- ments an integrated comprehensive vector son dies by suicide. Their suicide rate Even with 13,791 cases reported, an esti- management approach using safe, effective mated 2,000 pregnant women already infected and innovative strategies. Miami and every is one of the highest in the country. and a disease trajectory that indicates 20– major U.S. jurisdiction has a vector control Sadly, Colorado has also witnessed 25% of the population will be affected this unit and Miami’s sprang into action to ad- more mentally troubled mass killers year, Puerto Rico has resisted guidance or dress the outbreak there, including spraying than most, including James Holmes, help coming from Washington. with Naled. Such a unit provides the infra- who, in 2012, took 12 innocent lives at a Why? The colonial attitude of the U.S. to- structure and expertise to address an out- wards Puerto Rico and the understandable movie theater in Aurora; and Eric Har- break like Zika, manage its spread, and is ris and Dylan Klebold, who murdered 12 response to such treatment effects the psy- constantly working to provide protection che of the population. A half-century of from mosquitoes that cause diseases like of their fellow students, one teacher, Navy target practice bombing on the inhab- Dengue and Chilcungunya, which are en- and went on to take their own lives at ited Island of Vieques (among other places in demic in Puerto Rico. Columbine High School in 1999. and around Puerto Rico) was followed by The Environmental Protection Agency Mental health and the tragedies that decades of U.S. government denials that can- (EPA) could help by addressing the crisis of occur before treatment are not re- cers and environmental destruction in more than two dozen toxic municipal land- stricted to one State, however. The Vieques were connected to the U.S. govern- fills that seem to be flying under EPA’s Denver Post recognizes this when they ment’s actions. History is informative: Pre- radar. These are breeding grounds for mos- vious public health interventions from Wash- quitos and the Island’s government needs report that ‘‘more than 11 million ington included forced sterilization of help to address these hazards, as I and others adults suffer from a mental illness, and women of my mother’s generation. This have noted to EPA Administrator Gina almost half of them do not seek treat- treatment as second-class (at best) citizens McCarthy. ment or cannot find it.’’

VerDate Sep 11 2014 23:33 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.004 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5344 CONGRESSIONAL RECORD — HOUSE September 13, 2016 Mr. Speaker, since the facts make it ated, 84 of them by Republican Presi- largest school district has made a com- clear that major mental health reform dents—the majority of those by Repub- mitment to ensure that every fourth is needed for our entire Nation, reform lican Presidents—showing that this act grader has access to Castner Range, must be a priority for all elected Mem- and its impact is truly bipartisan and should it be preserved, that it is part of bers of Congress on both sides of the American in every sense. their curriculum, and that they travel Capitol, for we represent the entire Na- I would also like to call your atten- to Castner Range to explore and appre- tion. tion to the accomplishments of our ciate its wonder. The House heard the American peo- current President, Barack Obama, Lastly, Mr. Speaker, here are some ple when we passed H.R. 2646 in July whom historian Douglas Brinkley calls larger themes that the preservation of with overwhelming, near unanimous a Theodore Roosevelt for the 21st cen- Castner Range could tie into. It is a bipartisan support. If the Senate won’t tury, owing to his commitment to pre- cold war relic. It is also a former artil- listen to the House, or me, maybe they serving our national heritage, pro- lery site. Following the President’s re- should listen to The Denver Post Edi- tecting our public places, and ensuring cent travel to Laos, which saw more torial Board. They write: that, whether it is of importance be- armaments rain down on it than any ‘‘One of the best attempts to improve cause of its value for wilderness, cul- other part of the world, we have a America’s mental health crisis in dec- tural, or historical impact, we are en- chance to develop the model of how to ades will stall if the U.S. Senate does suring all Americans have a chance to turn former conflict sites into places of not get its act together before it goes enjoy and appreciate our heritage. public use, into examples of peace, and on another month-long break. Freshly I also rise today, Mr. Speaker, to sug- into standards for preservation. That back from vacation, senators should gest a way that the President can con- could happen in the United States, pass . . . Helping Families in Mental tinue this legacy and set the stage for where we can set the world standard, Health Crisis Act . . . the bill sailed the next 100 years. and it can happen here at Castner through the House with overwhelming Castner Range, pictured behind me, Range. bipartisan support . . . its prospects in in El Paso, Texas, is 7,000 acres in the There are a few national monument the Senate are murky . . . Congress is heart of the Chihuahuan Desert rising ideas that I think make a lot of sense. tantalizingly close to accomplishing into Rocky Mountain peaks that start There is the expansion of the Grand something that will address the na- at the southern end of that national Canyon, Bears Ears, and Gold Butte. tion’s deplorable treatment of the men- mountain chain and has rare plant and And then there is Castner Range. I tally ill. It should not fall victim to animal species that distinguish it as a think the President’s attention to the hyperpartisan gun debate.’’ place worthy of preservation. these areas and the ability to offer ac- Mr. Speaker, if the Senate won’t lis- Ending in 1966, Castner Range was cess to more Americans to ensure ev- ten to The Denver Post, The Wall used as a bombing range, but in the 50 eryone has a chance to access our na- Street Journal, or The Washington years since then, it has been preserved tional parks and national monuments Post, will they listen to the voice of in its natural state. This is an incred- and to set the standard for preserva- the American people? ible opportunity to ensure that we pass tion and the future of American cities We have the daily addition of 118 on Castner Range and all that it means is too good of an opportunity for this lives lost to suicide. Since September to us as a country to not just this gen- President to pass up. 1, it has been 1,400. Since the House eration, but the generations that fol- f passed the bill, over 8,000 people have low. died of suicide. There is also the daily Castner Range, beyond the rare plant AMERICA’S FINANCIAL OUTLOOK addition of 959 families who join thou- and animal species, has 10,000 years of WORSENS WITH FY 2017 CR sands mourning individuals with men- recorded human history. There are The SPEAKER pro tempore. The tal illness who have lost their life in petroglyphs dating back to 8,000 years Chair recognizes the gentleman from one form or another. Since we passed ago, literally showing the impressions Alabama (Mr. BROOKS) for 5 minutes. the bill, the total lives lost is 65,212. that this land made on the first Ameri- Mr. BROOKS of Alabama. Mr. Speak- More lives will be lost if we do not fix cans who were neither U.S. citizens, er, I have given numerous House floor this broken mental health system that Mexican citizens, or really had any speeches warning of a looming and de- is so desperately in need of repair. It is citizenship at all. That is particularly bilitating American insolvency and time that the Senate listen to the poignant, given the fact that Castner bankruptcy. voices of the millions who are crying Range is part of the world’s largest bi- In order to drive home the dangers, I out for help. And for today’s new total national community. have cited Greece, where young adult of 959 more lives, tomorrow is too late. El Paso, with its sister city, Ciudad unemployment nears 50 percent, over- Millions of Americans are pleading Juarez in southern New Mexico, join 3 all unemployment approximates the with the Senate: do not go home at the million people of two countries, two worst America suffered during the end of this month without passing a cultures, two traditions, two languages Great Depression, and public pensions bill that the House can also pass and and become one at this point. Further- have been slashed by almost 50 percent. get signed into law. The Helping Fami- more, El Paso, Texas, is 85 percent I have cited Venezuela, where infla- lies in Mental Health Crisis Act is just Mexican American and happens to be tion last year was 275 percent, is esti- that law. We need the Senate to vote one of the poorest communities in our mated at 720 percent this year, and this week, not another day. Where country. deadly street and food riots are com- there is help, there is hope. This is a chance for this President to mon. f open up public lands to ensure that we I have cited Puerto Rico’s default on have access and participation by every- $70 billion in debt, credit rating cut to NATIONAL LANDS AND one in this country and to ensure that ‘‘junk bond status,’’ abysmal labor par- MONUMENTS our national monument visitors reflect ticipation rate of less than 40 percent, The SPEAKER pro tempore. The the communities and the growing, and closure of over 100 schools. Chair recognizes the gentleman from changing demographics in this coun- While House Republicans can boast Texas (Mr. O’ROURKE) for 5 minutes. try. that they helped cut the $1.3 trillion Mr. O’ROURKE. Mr. Speaker, I rise I also think that it is important to deficit that we inherited in 2011 to $439 today to discuss our national lands and know that this community is unified in billion in 2015, that boast now rings monuments and explore both our ac- ensuring that we protect, preserve, and hollow. According to the nonpartisan complishments and some of our future pass on Castner Range to future gen- Congressional Budget Office, the fiscal opportunities. erations. Twenty-seven thousand El year 2016 deficit is ballooning by $151 As you know, the Antiquities Act Pasoans have signed letters to the billion, to $590 billion. was passed 110 years ago. Ten years President. Despite its relative poverty, Absent correction, the CBO warns later, in 1916, the National Park Sys- $1.5 million has been raised by indi- that in 2024, America will embark on tem was created. And since then, there vidual donors to complement whatever an unending string of trillion-dollar-a- have been 151 national monuments cre- Federal investment is necessary. The year deficits. Absent correction, the

VerDate Sep 11 2014 23:33 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.005 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5345 CBO warns that America’s debt service FUND THE ZIKA PUBLIC HEALTH long does the virus live in the blood? cost will increase within a decade by CRISIS Should we stop blood donations in af- $464 billion per year, to roughly $712 The SPEAKER pro tempore. The fected areas? billion per year—more than what Chair recognizes the gentlewoman from The Zika virus has been found in tears and saliva. Research shows that America spends on national defense. Florida (Ms. WILSON) for 5 minutes. Which begs the question: Where will Ms. WILSON of Florida. Mr. Speaker, it causes blindness and brain disorders the money for a $720 billion a year an- today, at 12:30 p.m., I will be convening and could cause Alzheimer’s in adults. nual debt service payment come from? an emergency press conference from So many questions. So many questions. We cannot afford to delay much- the U.S. Capitol on Zika. This is a bi- Mr. Speaker, America’s financially needed scientific research, but that re- partisan press conference of Floridians, irresponsible conduct has caused both quires adequate funding. We need re- America’s Comptroller General and the Democrats, and Republicans who are sources to help develop a vaccine, to Congressional Budget Office to repeat- concerned about their State. Please develop medications to stymie the edly warn in writing that America’s fi- join us. virus. We need resources to find out We will send out a clarion call to our nancial path is ‘‘unsustainable.’’ I how long it takes for a pregnant fellow Members of Congress to help agree with the Comptroller General woman to get results from her Zika Floridians by passing a clean Zika and CBO warnings and I am convinced test. They need to determine how long bill—no riders, no poison pills, just a that, absent major changes in the eco- the Zika virus lives in the body. clean Zika bill. Our Governor, Gov- nomic understanding and backbone of The fever, the chills we can deal ernor Scott, will visit Congress tomor- Washington’s elected officials, a debili- with, but we can’t gamble with the de- row, and I hope he will urge Congress tating American insolvency and bank- veloping brain of an unborn fetus. The to act. bottom line is: the threat of Zika is ruptcy is a certainty within three dec- Life is too precious, and we should ades, a probability within two decades, grave to pregnant women. not be playing political football with There are so many unanswered ques- and a dangerous risk over the next 10 unborn children and whatever else tions, and it requires funding. We need years. science will reveal to us about Zika. a clean Zika bill—no poison pills, no All of this brings us to the con- There is so much yet to be discovered, riders, just a bill addressing the Zika tinuing resolution spending bill that but we do know this: we are gambling virus. Congress will soon vote on. According with the developing brain of an unborn Many people who live in Florida are to the CBO, this continuing resolution fetus. living in fear because there is so much spending bill, plus so-called mandatory Florida’s 24th Congressional District, more to be learned about the virus. It spending, increased Federal Govern- which I proudly represent, is the epi- is my State now, my beautiful State of ment spending by $150 billion and blows center of the Zika epidemic in Amer- Florida. There are 27 of us serving in fiscal year 2017 Federal Government ica. The district’s small boutique com- the House. Many of us have taken spending through the $4 trillion mark— munity was where they discovered the votes to help you when your State a new record high amount of spending. first local mosquito-borne trans- needed help. I ask you today, my col- mission. leagues, to help my State, my district. This CR spending bill ignores eco- A travel advisory has been put in And please note, this epidemic has al- nomic reality and fails to prudently re- place to warn pregnant women against ready begun to start in other States. strain Federal Government spending to coming to this American neighborhood. We cannot pretend it does not exist. reflect America’s tax revenue. This CR This is the first time in a long time Please bring a clean bill to the floor. spending bill reflects Washington and that an American city has received a The people of America are depending special interest group greed and short- travel advisory. It is hurting busi- on each of us. The unborn children of sightedness and continues the worst nesses. It has a huge economic impact America are depending on each of us. generational theft in American history that is devastating to this robust busi- Let’s put our children’s future first. by again breaking into our kids’ piggy ness district in Miami. Tourism is Mosquitoes carrying Zika must be banks and stealing money we don’t down, restaurants are on the verge of dealt with now, and that requires the have and will never pay back, callously closing, and the crowded tourist at- political will to do the right thing. letting our children suffer the con- tractions are literally abandoned. f sequences. This public health crisis has grown so NOMINATIONS FOR U.S. SERVICE serious that one of Florida’s major ACADEMIES newspapers, the Miami Herald, has cre- b 1030 The SPEAKER pro tempore. The ated a daily tracker to monitor the Chair recognizes the gentleman from Mr. Speaker, economic principles virus’ spread across our State. I spent West Virginia (Mr. MOONEY) for 5 min- don’t care if you are a family, a busi- most of our 7-week recess working to ness, or a country. If you borrow more utes. educate residents in my district about Mr. MOONEY of West Virginia. Mr. money than you can pay back, you go how to protect themselves against this Speaker, one of the most meaningful bankrupt. Americans are rightfully terrible and rapidly spreading virus. things a Member of Congress does is angry at Washington elected officials Whip HOYER joined me on an occasion. nominate some of the best and bright- who are all too willing to sacrifice So Miami is the epicenter. It has est students from our congressional America’s future for today’s special in- evolved into an open laboratory where district to serve our Nation’s service terest campaign contributions. the CDC is working closely with local academies. Mr. Speaker, I can’t speak for anyone health officials and county officials. U.S. service academy graduates re- else, but as for me, MO BROOKS, from For weeks, a CDC response team has ceive a first-rate undergraduate edu- Alabama’s Fifth Congressional Dis- been on the ground in Miami working cation with options to pursue advanced trict, I vote for financial responsibility to control, contain, and defeat the degrees. They spend a minimum of 5 and prosperity and against a debili- virus and to educate the community on years serving their country on Active tating American bankruptcy, insol- mosquito control. Duty as a military officer and are pro- The CDC is literally using Miami to vency, and resulting economic depres- vided with an education and experience teach the Nation how to cope with the sion. that will provide a world of career op- Zika virus. They have said to me: We portunities. As such, and although this con- have to use every tool in the toolbox, The full 4-year scholarship is valued tinuing resolution admittedly spends and that requires adequate funding. at more than $350,000, which includes money on lots of good things, I will They have said: We cannot lose this tuition, room and board, medical and vote against it because it is financially battle; it is too dangerous. Deter- dental care, and also a monthly salary. irresponsible. I will not vote for a de- mining what works and what doesn’t Students learn discipline, moral ethics, bilitating insolvency and bankruptcy work requires adequate funding. and teamwork in a structured environ- of America that will damage so many It is sexually transmitted, but how ment that fosters leadership and char- Americans for so many years to come. long does the virus live in semen? How acter development.

VerDate Sep 11 2014 23:33 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.006 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5346 CONGRESSIONAL RECORD — HOUSE September 13, 2016 Last year, I had the privilege of tect persecuted individuals who have earned dollars back into their own nominating 20 high school seniors for no one to stand up for them. pockets. It would lower the required admission to one or more academies. f percentage of income that must be Half of the young men and women that spent to qualify for a tax deduction for I nominated received admission to at ENSURING SAFETY, QUALITY, AND medical costs. least one service academy. RELIABILITY FOR OUR VET- Americans should be able to deduct Calling each nominee in my district, ERANS WITH PHYSICAL DISABIL- high-cost medical expenses, and this as I am doing here, to tell them that ITIES legislation would reduce the required they have been selected to these pres- The SPEAKER pro tempore. The percentage from 10 percent to 7.5 per- tigious institutions was one of the Chair recognizes the gentleman from cent of adjusted gross income. I urge my colleagues to support this most special moments of my freshman Pennsylvania (Mr. COSTELLO) for 5 min- bill to provide middle class families year in Congress. I hope to make many utes. and seniors with deserved tax relief, as more phone calls this year. This is a Mr. COSTELLO of Pennsylvania. Mr. they have already had to spend a sig- picture of me calling Drew Polczynski Speaker, I rise today in support of H.R. nificant amount of their income on last year to tell him he had been ac- 3471, the Veterans Mobility Safety Act, these expenses. cepted to West Point. a bill I am proud to cosponsor. This If you are highly motivated, looking legislation would set minimum stand- b 1045 for a challenge in your life, and want ards for any individual or company in- RICHLAND BOROUGH CELEBRATES 100 YEARS to serve your country, I hope you will stalling or selling mobility products to Mr. COSTELLO of Pennsylvania. Mr. consider attending a U.S. Service Acad- veterans through a Department of Vet- Speaker, I rise today to congratulate emy. erans Affairs equipment program. Richland Borough, Lebanon County, of I will be hosing information sessions These products are used by disabled my district, on 110 years of incorpora- throughout my district this year. veterans to increase their mobility and tion. These sessions are a great opportunity their overall quality of life, but the VA On September 17, 1906, Richland be- for students to explore the possibility does not currently require vendors who came its own municipality, breaking of attending one of several prominent make or repair the products to meet a from Millcreek Township, gaining its academic institutions and meet with certain level of certification. Stand- name from the fertile soil in the area. admissions representatives. I hope stu- ards in this legislation would help Richland is home to the inventor of dents and their family will attend guarantee safety, quality, and reli- the air pump used by Henry Ford on these events throughout the Second ability. the Model T and will celebrate this and Congressional District. It is critical that our veterans who the rest of its impressive history this If you are interested in a congres- have given so much for our country weekend. sional nomination, please contact my have the best available equipment to I wish to also recognize the Lebanon office in Charleston at (304) 925–5964, or accommodate any physical disability. I Daily News for a great article on the my office in Martinsburg at (304) 264– urge my colleagues to support this bill. history of Richland Borough. Gary 8810, and ask for the individual who Althaus of the Richland Heritage Soci- oversees academy applications. SUPPLYING STUDENTS WITH SKILLS BUSINESSES NEED ety and many others have been orga- HUMANITARIAN CRISIS IN SYRIA Mr. COSTELLO of Pennsylvania. Mr. nizing a series of events that will take Mr. MOONEY of West Virginia. Mr. Speaker, I rise today in support of H.R. place this upcoming Saturday. Speaker, this past weekend I met with 5587, the Strengthening Career and A little bit more brief history: Au- members of the Syrian community in Technical Education for the 21st Cen- gust 9, 1906, the citizens of Richland Charleston, West Virginia, to discuss tury Act, a bill I am proud to cospon- held a public meeting on the subject of ways that the Federal Government can sor; and I wish to recognize my col- the advantages of a borough. On Au- help the ongoing humanitarian crisis league from Pennsylvania, G.T. gust 12, the plan was put in circulation, in Syria. This is us meeting. and by 11 p.m., it had 50 signatures. In particular, we discussed H.R. 5732, Thompson, for his work on that bill. This bipartisan legislation would pro- Then on August 16, 1906, Mr. Holstein the Caesar Syria Civilian Protection took the petition to the county court- Act of 2016. The bill would hold Syrian vide State and local educators with greater control and flexibility with re- house and presented it before the human rights abusers accountable for court, and on September 17, the pre- their crimes. The bill would impose spect to career and technical education programs; and it takes an important siding judge granted the charter. On sanctions on individuals who do busi- February 25, 1907, the first Richland ness with dictator al-Assad’s brutal re- step in closing the skills gap faced by American employers and manufactur- Borough Council meeting was orga- gime and would require the President nized at the Union House, which then to publish a list of people who are ers. In order to succeed in the modern became the place of many meetings, in- complicit in the grave human rights cluding borough council meetings violations that have occurred and con- workforce, students need to emerge with the skills that State and local thereafter. tinue to unfold in Syria. Congratulations to Richland Borough businesses need. The Strengthening Ca- Despite promises and agreements to and all its residents. I am very proud reer and Technical Education for the the contrary, chemical weapons are to represent you in the United States 21st Century Act does just that, en- still being used regularly by the Assad Congress. couraging greater student involvement regime in Syria. We cannot look the f other way while innocent children are in work-based learning and, in the murdered. classroom, emphasizing the develop- CONGRATULATING DR. BILL I am a proud cosponsor of this crit- ment of employability skills and the HOGARTH ical bill, and I thank my colleagues, importance of attaining credentials. The SPEAKER pro tempore. The Congressman ELIOT ENGEL and Chair- As co-chair of the 21st Century Skills Chair recognizes the gentleman from man ED ROYCE, for introducing it. I en- Caucus, I have been working on legisla- Florida (Mr. JOLLY) for 5 minutes. courage the leadership here in the tion with similar goals, and I am very Mr. JOLLY. Mr. Speaker, I rise today House to bring the bill to the floor for proud to see provisions I have advo- to congratulate Dr. Bill Hogarth, a a vote immediately. cated for included in this bill. former director of our Nation’s Na- The innocent Syrian people have suf- I urge my colleagues to support this tional Marine Fisheries Services. Dr. fered enough. The current civil war has bill. Hogarth recently retired as director of resulted in 4 million refugees and near- HALTING TAX INCREASES the Florida Institute of Oceanography ly 500,000 killed. Mr. COSTELLO of Pennsylvania. Mr. based at the University of South Flor- My mother fled Fidel Castro’s Com- Speaker, I rise today in support of H.R. ida in St. Petersburg. Not only do I munist Cuba after being unjustly 3590, the Halt Tax Increases on the recognize Dr. Hogarth on his retire- thrown in jail by Fidel Castro’s tyran- Middle Class and Seniors Act. This leg- ment, but also on two honors that he nical Communist regime. We must pro- islation would put taxpayers’ hard- recently received.

VerDate Sep 11 2014 23:33 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.008 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5347 First, the American Fisheries Soci- national headlines following the 2010 Over 6 million people call this area ety last month honored Dean Ho- explosion of the Deepwater Horizon oil home, and many of them work in crit- garth—as he is known to so many— rig. Dr. Hogarth led a scientific re- ical economic sectors like health care with the Carl R. Sullivan Fishery Con- sponse that focused on the immediate and energy refining. The impact would servation Award, one of our Nation’s aftermath of the spill, including the be felt in every congressional district premier awards in fisheries sciences. path of the oil plume both above the across the country. For example, ac- The award recognizes Dean Hogarth’s water and in the Gulf’s deepest reaches cording to reports published imme- long career and leadership in pre- and currents. It focused also on the im- diately after Hurricane Ike made land- serving some of the world’s most pact of the spill on fisheries and other fall, gas prices spiked between 30 and 60 threatened marine species. It recog- wildlife and the response of the re- cents per gallon across many States nizes his passionate advocacy for envi- search community in the five-State re- due to the disruption in energy produc- ronmental protections and his role in gion to address short- and long-term tion in the Houston region. leading Florida’s scientific response to environmental concerns. We do not know, Mr. Speaker, when the Deepwater Horizon oil spill in 2010. One of his final acts as director of the the next big storm will hit our shores, The second honor for Dean Hogarth Institute of Oceanography before his which is why it is of paramount impor- in early September was bestowed upon official retirement on July 31 was to tance for Congress, the Federal Gov- him by the University of South Flor- work with the Florida State legisla- ernment, and our State to prioritize ida’s Board of Trustees when it voted ture, our Governor, the university, and funding for coastal protection along to name its newest research vessel in the city of St. Petersburg to secure the Texas coast. Progress on a com- his namesake to recognize Dean funding to replace the 40-year-old Re- prehensive Federal evaluation of our Hogarth’s passionate pursuit of funding search Vessel Bellows. This ship, man- coastal vulnerabilities is long overdue. for a new boat to replace the university aged by the Institute of Oceanography, I am grateful, Mr. Speaker, that the system’s more than 40-year-old re- is a great resource to faculty and stu- Texas General Land Office and the search vessel. dents alike, giving them invaluable as- Army Corps of Engineers are moving For those of my colleagues who have sets to the Gulf of Mexico and other re- forward in partnership on the Coastal had the opportunity to work with and search waterways in pursuit of their Texas Protection and Restoration meet Dean Hogarth over his long ca- studies. The new ship will now be Study. Once completed, this study will reer, you know of his humble nature, named rightfully the RV William T. make the case for coastal infrastruc- his laugh, and, most notably, his deep Hogarth and will continue to provide a ture projects that would qualify for southern drawl. You also know of his path to sea for thousands of Florida Federal dollars and would protect our spirited passion for all issues related to students and educators. vulnerable coastal communities, our fisheries and the oceans. Dean Hogarth will always be known Dean Hogarth’s first job was as a bi- energy infrastructure, maritime indus- to me as an educator. It is personal to ologist and manager of ecological pro- tries, and, most importantly, major me because he serves as a key advisory grams for Carolina Power & Light, and population centers. on fisheries issues that are so critical he later served as director of the North I am doing everything I can, Mr. to our State and to our community. I Carolina Division of Marine Fisheries. Speaker, to make sure a Federal study His national and international stat- will always call him Dean, as will so of our coast is completed expedi- ure grew in 1994, when he joined the many others, and we look forward to tiously. Along with Senator CORNYN, I National Marine Fisheries Service his continued counsel in retirement. have introduced the COAST Act, which where he rose from a regional leader to Mr. Speaker, I hope that my col- is actually the Corps’ Obligation to As- be appointed by President George W. leagues will join me in thanking a sist in Safeguarding Texas Act. If en- Bush to serve as the agency’s director most special person who has dedicated acted, this legislation would require from 2001 to 2007. Recognizing his lead- much of his career to one of the great the Army Corps to take into consider- ership on national and international interests of our Nation: our fisheries, ation existing studies and data already fisheries issues at a most critical junc- our marine sciences, and our oceans. available to help expedite the Federal ture for the commercial and rec- Dr. Hogarth is a national champion of Government’s work. This legislation reational fishing industries, President our Nation’s critical assets, our oceans. would also immediately authorize any Bush appointed Dean Hogarth to rep- It is an honor for me to recognize him projects should they be justified. resent our Nation as U.S. Commis- today, and I ask my colleagues to do Mr. Speaker, I will continue to work sioner and Chairman of both the Inter- the same. We wish him very well in re- with all relevant Federal, State, and national Whaling Commission and the tirement and we thank him for his local leaders to expedite Federal work International Commission for Con- service. to protect the Texas Gulf Coast from servation of the Atlantic. f dangerous storms. This is a critical Federal interest and should be a na- During his tenure as director of HURRICANE IKE ANNIVERSARY NMFS, Dr. Hogarth worked with this tional priority. Congress to update Federal fisheries The SPEAKER pro tempore. The Mr. Speaker, you know that is right. laws to rebuild U.S. fisheries and set Chair recognizes the gentleman from f Texas (Mr. WEBER) for 5 minutes. the recreational and commercial fish- COMBATING DRUG EPIDEMIC ing industries on a new and sustainable Mr. WEBER of Texas. Mr. Speaker, course. In 2007, Dr. Hogarth retired today marks 8 years since Hurricane The SPEAKER pro tempore. The from Federal service and joined the Ike made landfall over Galveston, Chair recognizes the gentleman from University of South Florida as interim Texas. This Category 4 storm ripped Pennsylvania (Mr. THOMPSON) for 5 dean, and then dean of the College of through communities in the city of minutes. Marine Science in St. Petersburg. Galveston and Galveston County, mak- Mr. THOMPSON of Pennsylvania. Recognizing his leadership skills, Dr. ing its way inland through the Houston Mr. Speaker, earlier this summer, I Hogarth was then appointed in January region. The storm caused over 100 fa- was proud to vote in favor of a package 2011 as director of the Florida Institute talities, washed away homes, flooded of bills intended to crack down on the of Oceanography, a consortium of more communities, and shut down much of epidemic of heroin use and opioid abuse than 30 scientific and educational insti- the region’s energy production. In across our Nation. I was even happier tutions across Florida. The USF presi- total, this hurricane cost $37.5 billion to see that legislation pass the House dent then called upon Dean Hogarth’s nationwide, making it the third cost- and Senate with broad bipartisan sup- leadership skills once again and asked liest hurricane in United States his- port before being signed into law by him to assume a dual role, adding to tory. Even though Hurricane Ike the President. his responsibilities the job of regional caused extensive damage, we know it The Comprehensive Addiction and chancellor of USF-St. Petersburg from could have been much worse. Recovery Act will help make grant August 2012 to June 2013. The effects of another major hurri- funding available to State and local USF and the Florida Institute of cane on the Houston region and our Na- governments, create a task force to re- Oceanography made national and inter- tion would absolutely be devastating. view physician prescribing guidelines

VerDate Sep 11 2014 23:33 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.009 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5348 CONGRESSIONAL RECORD — HOUSE September 13, 2016 and make sure babies born opioid-de- the skills gap. Today we can take a tre- So, as Jesus taught us, forgive us our pendent receive quality care. mendous step in closing the skills gap. debts and give us our daily bread. While this is a step in the right direc- I have introduced a bill that will be Bless us with good sense and humble tion, I continue to be impressed by the considered on the floor today, the hearts as we serve to Your honor and efforts of community members in my Strengthening Career and Technical glory. district to help turn the tide against Education for the 21st Century Act, Amen. this epidemic. which, incidentally, is scheduled later f Townhall meetings have been held today for a vote. This legislation reau- THE JOURNAL across Pennsylvania’s Fifth Congres- thorizes and modernizes—more impor- sional District in places such as Brad- tantly, modernizes—the Carl D. Per- The SPEAKER. The Chair has exam- ford, McKean County; and Ridgway, kins Career and Technical Education ined the Journal of the last day’s pro- Elk County. Another meeting is Act to help more Americans enter the ceedings and announces to the House planned for this evening in Centre workforce with the skills necessary to his approval thereof. County. These meetings, along with compete and succeed in high-wage, Pursuant to clause 1, rule I, the Jour- hearings held across the State by the high-demand careers. nal stands approved. Pennsylvania House Majority Policy Mr. Speaker, this is a good bill. It f Committee, are great steps in the bat- starts career awareness earlier recog- PLEDGE OF ALLEGIANCE tle against drugs and saving lives. nizing that kids have access to tech- The SPEAKER. Will the gentleman PROVIDING OPPORTUNITIES nology and will begin to provide career from Rhode Island (Mr. LANGEVIN) Mr. THOMPSON of Pennsylvania. and technical education awareness in come forward and lead the House in the Mr. Speaker, later today on this House the lower middle schools. It brings Pledge of Allegiance. floor, we will be considering what I business and industry to the table so Mr. LANGEVIN led the Pledge of Al- would very accurately describe as an when we invest and do offer career and legiance as follows: opportunity bill. technical education training, it leads We hear the media talk about how in to a job at the end of the day, whether I pledge allegiance to the Flag of the United States of America, and to the Repub- the middle of this campaign election it is a result of a certificate earned, a lic for which it stands, one nation under God, season that Congress really is not pro- credential that is provided, or training indivisible, with liberty and justice for all. ductive. I would argue to the contrary, that is completed, and it serves indi- f and I point to this bill. It is a bill I am viduals of all ages. very proud of. So I just ask and encourage my col- WELCOMING REVEREND WAYNE Mr. Speaker, we all know individuals leagues to join me in supporting the LOMAX in our communities, perhaps in our Strengthening Career and Technical The SPEAKER. Without objection, own families, who are in need of oppor- Education for the 21st Century Act on the gentlewoman from Florida (Ms. tunity. We probably know young peo- this House floor later today. WILSON) is recognized for 1 minute. ple who, as they go off this time of f There was no objection. year to school, are not inspired. Maybe Ms. WILSON of Florida. Mr. Speaker, their heads are on their desk. They RECESS today, I rise to welcome the very gra- don’t learn in the typical fashion that The SPEAKER pro tempore. Pursu- cious and accomplished Pastor Wayne traditional education teaches of lec- ant to clause 12(a) of rule I, the Chair Lomax to the House floor as our guest ture and classrooms, but if you put declares the House in recess until noon chaplain. them in an environment where they today. Pastor Lomax is the founder and sen- can use their hands and do applied aca- Accordingly (at 11 a.m.), the House ior pastor of the mega church, The demics—career and technical education stood in recess. Fountain of New Life, located in Miami training—they are inspired, they look f Gardens, Florida. He is also a proud forward to getting out of bed in the b 1200 member of the 5000 Role Models of Ex- morning, and they excel. cellence Project, a mentoring program We probably all know people—per- AFTER RECESS for boys of color. haps we are related to folks—who find The recess having expired, the House Nearly 20 years ago, in his living themselves this morning stuck in un- was called to order by the Speaker at room, with just 8 people, Pastor Lomax employment. As we gathered around noon. founded The Fountain of Pembroke the breakfast table, they were gathered f Pines, now The Fountain of New Life. around the breakfast table just trying Today, it is one of the largest churches to figure out how to make ends meet PRAYER in Florida and is an indispensable com- since they have lost their job for what- Reverend Wayne Lomax, The Foun- munity partner. ever reasons, probably no fault of their tain of New Life, Miami Gardens, Flor- The church’s humble beginnings and own, and they need a strategy to be ida, offered the following prayer: continuous growth are testaments to able to get back on their feet. They God, we thank You for the men and Pastor Lomax’s unwavering leadership need a strategy to be able to provide women who serve as Members of the and strong faith. He is truly a man of for their families. A greater oppor- United States Congress. all seasons—a true man of God who tunity is what they are seeking. Though we have many needs in our tackles issues, including hunger, pov- We probably know folks as well—cer- Nation—better schools, better jobs, erty, and crime, in the Miami-Dade tainly people who we serve and people safer streets, fairer laws, better health County community. in our communities—who have been care, and peaceful relationships with Pastor Lomax also served as pastor stuck in the web of poverty for genera- our neighbors at home and our neigh- of the York Street Baptist Church in tions, intergenerational poverty, with bors abroad—today, we pause to pray Louisville, Kentucky, and as assistant no exit ramp and with no exit strategy. for each other. pastor of the Mount Olive Baptist This opportunity bill today is one It is easy to forget that back home Church in Fort Lauderdale, Florida. He that I encourage all of my colleagues our Congressmen and -women have graduated from The University of to support. The culture today has so daughters who dance, sons who sing, North Carolina at Chapel Hill and The much emphasis on the theory that peo- mothers with mild strokes, fathers who Southern Baptist Theological Semi- ple need a 4-year degree to be success- slip and fall, siblings who struggle with nary. ful in this country. However, we have a addiction, and neighbors in homeless He is the proud husband of his beau- huge gap of technical and vocational shelters, while our spouses and signifi- tiful wife, Teresa. They have three jobs that are good-paying jobs and fam- cant others hold down the fort. beautiful children: Christopher, ily-sustaining jobs that aren’t being We acknowledge that alongside our Marcus, and LeReine. filled. Job creators cannot find individ- hopes and dreams are our personal Mr. Speaker, I ask everyone to join uals who are qualified and trained to be struggles and fears—even our short- me in thanking Pastor Lomax for lead- able to fill those positions. I call that comings and our sins. ing today’s opening prayer and to

VerDate Sep 11 2014 23:33 Sep 13, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.011 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5349 thank him for his outstanding service counselors in helping students find a drinking from bottled water because of to the south Florida community. career path that best fits their skill callous actions by the State govern- f and access to work-based learning to ment that led to the poisoning of a bridge the gap between the classroom population of 100,000 people. ANNOUNCEMENT BY THE SPEAKER and the workplace. Students will be Flint is a community in absolute cri- PRO TEMPORE able to tailor their classes to learn the sis, facing a disaster, and you would ex- The SPEAKER pro tempore (Mr. skills that they know employers are pect there would have been immediate RIBBLE). The Chair will entertain up to looking for. It is time to close the action, despite the fact that I have 15 further requests for 1-minute speech- skills gap and give students the tools come to this podium time and time es on each side of the aisle. to succeed. again. I have filed legislation. I have f I want to also commend the chair- spoken to Members. I have spoken to man and ranking member of the full leadership. And what do we get? A cou- CONGRATULATIONS TO MISS ple of hearings, and a lot of sympathy. AMERICA SAVVY SHIELDS committee and all those who had a hand in bringing the bill to the floor We need action. The people of Flint (Mr. WOMACK asked and was given that we will be voting on later today. deserve a response to this crisis that is permission to address the House for 1 equal to the gravity of the crisis. We f minute.) have a way to get it done. A bipartisan Mr. WOMACK. Mr. Speaker, I rise THE OBAMA LEGACY: A HEROIN bill that is moving through the Senate today to recognize your new Miss AND OPIOIDS CRISIS includes help for Flint. We need to take America, our very own Miss Arkansas, (Mr. WILSON of South Carolina up this legislation, just like we need to Savvy Shields. asked and was given permission to ad- take up legislation to deal with Zika On Sunday night, Savvy became the dress the House for 1 minute and to re- and opioids and everything else. It is third Miss Arkansas—and the second vise and extend his remarks.) beyond my comprehension that this from the Third District of Arkansas— Mr. WILSON of South Carolina. Mr. crisis could continue and we have yet to win this prestigious title, receiving Speaker, The Washington Examiner to take action in the House of Rep- a preliminary talent award as well. has released the newest part of a series: resentatives to address it. Savvy will spend her year of service ‘‘The Obama legacy—A raging problem f traveling across the Nation as an advo- with heroin and opioids.’’ RECOGNIZING JOSEPH BROAM, cate for not only her charitable plat- Last year, the President announced a GEORGIA NATIONAL GUARD form of ‘‘Eat Better, Live Better,’’ but new effort to address the new public also the Children’s Miracle Network. In health crisis. This week, The Wash- (Mr. CARTER of Georgia asked and this way, Savvy will continue her work ington Examiner revealed: was given permission to address the as an advocate for healthy eating as a ‘‘ . . . the crisis had been building for House for 1 minute and to revise and way to dramatically change health five years at that point, and critics say extend his remarks.) Mr. CARTER of Georgia. Mr. Speak- outcomes in our communities. Obama’s reactions were too little and er, I rise today to recognize Savannah, I speak on behalf of the Third Dis- too late. Some say his government Georgia’s Specialist Joseph Broam of trict and the State of Arkansas in con- even contributed to the crisis by ap- the Georgia National Guard and a stu- gratulating Savvy on representing her proving painkillers liable to abuse. . . . hometown of Fayetteville, the Univer- dent at Armstrong State University. ‘‘Prescription painkiller and heroin Specialist Broam was chosen to rep- sity of Arkansas, and the entire ‘‘Nat- overdose deaths have risen to all-time resent the entire Army National Guard ural State’’ so well on the national highs. From 2009–2014, the rate of over- at the U.S. Army Best Warrior Com- stage. I would like to also congratulate dose deaths from heroin abuse in- petition. Savvy’s parents, Todd and Karen creased by 240 percent. . . . I am incredibly proud of Specialist Shields, on the beginning of what will ‘‘When you add painkiller overdose Broam’s accomplishment and could not truly be a remarkable year. deaths to the heroin numbers, the rate be more enthusiastic for his final com- Savvy will represent all of us with of overall deaths increased 25 percent petition, starting September 26. To the grace, poise, and confidence that from 2009. . . . qualify for the championship competi- earned her this crown. Congratula- ‘‘In 2014, more than 14,000 people died tion, Specialist Broam completed and tions, Savvy, Miss America 2017. of overdoses, the biggest total since the succeeded at the brigade, State, re- f CDC began collecting data in 1999.’’ gional, and national levels. Each com- This is a failing legacy of destruction PERKINS CONSIDERATION petition was extremely physically and of families. (Mr. LANGEVIN asked and was given mentally straining. I am grateful that Congress acted to During the national competition, permission to address the House for 1 address the opioid crisis, passing the participants ran more than 4 miles minute and to revise and extend his re- bipartisan Comprehensive Addiction over rough terrain, completed a de- marks.) and Recovery Act, enabling local com- manding obstacle course, and navi- Mr. LANGEVIN. Mr. Speaker, in munities to develop local solutions. gated land during day and night. July, the Education and the Workforce In conclusion, God bless our troops, I rise today to congratulate Spe- Committee unanimously reported H.R. and may the President, by his actions, cialist Joseph Broam for his accom- 5587, Strengthening CTE—or, its full never forget September 11th in the plishment, and I wish him the best of name, Career and Technical Edu- global war on terrorism. luck on September 26. cation—for the 21st Century Act. Later Congratulations, Miss South Caro- f today, the full House will consider it lina, Rachel Wyatt of Clemson, first here on the floor. runner-up for Miss America. COMMEMORATING THE LIFE OF STEWART LEVY I am so proud to be an original co- f sponsor of this bipartisan bill that re- (Mr. HIGGINS asked and was given WE NEED ACTION authorizes important career and tech- permission to address the House for 1 nical education programs to reflect the (Mr. KILDEE asked and was given minute.) demands of the modern economy. I par- permission to address the House for 1 Mr. HIGGINS. Mr. Speaker, I rise to ticularly want to salute and recognize minute.) commemorate the life and legacy of my colleague and partner in this effort, Mr. KILDEE. Mr. Speaker, the water Stewart Levy, a wonderful and warm G.T. THOMPSON from Pennsylvania, and crisis in my hometown of Flint con- humanitarian, a Buffalo civic leader, also KATHERINE CLARK from Massachu- tinues: a population of 100,000 people and my friend. Stewart Levy’s love of setts, for their efforts. This bill makes who, a year after this crisis, became family, friends, and community was al- important investments in skills, train- well known, became public, and still ways on display—clearly evident—and ing, and career exploration. can’t drink their water. always inspiring. H.R. 5587 expands two of my long- In Flint—just so my colleagues un- Mr. Levy first came to Buffalo to standing priorities: the role of school derstand—a year later, people are still work in a local recording industry. He

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.012 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5350 CONGRESSIONAL RECORD — HOUSE September 13, 2016 quickly established himself as a leader Ms. FOXX. Mr. Speaker, as any hard- Mr. POLIS. Mr. Speaker, here we are and fixture in that industry. He would working American knows, health in- debating various issues. Soon we will host at his home, as overnight guests, surance costs and regulations impact be going into debate on veterans bills, the likes of Frankie Avalon, Sammy all of us on a daily basis. Americans on tax cut bills. Yet this body has con- Davis, Jr., and Pat Boone. need patient-centered solutions to ad- tinually failed to act on addressing the Mr. Levy ran for mayor of Buffalo in dress our healthcare system’s key Zika health crisis that has already im- 1973, as a Republican in a heavily problems, and House Republicans have pacted over 3,000 Americans in States Democratic Buffalo. Though unsuccess- a better way than the so-called Afford- like Texas and Florida, and it will only ful, his campaign tagline, ‘‘For the able Care Act to improve health care. continue to get worse until we put the Love of Buffalo,’’ reflected Stewart’s Our plan gives Americans more con- resources we need into our public pride and civic purpose. He inspired ev- trol and more choices. It makes sure health to prepare vaccinations, to deal eryone he touched. He was charismatic they never have to worry about being with mosquito control. and kind, interested and interesting, turned away or having their coverage This is the type of issue that doesn’t and insatiably curious. His mind and taken away, regardless of age, income, solve itself. And it is amazing that, his enthusiasm never aged. medical conditions, or circumstances. when people look to the United States I remember thinking the last time I Our plan clears out the bureaucracy to Congress for leadership, rather than saw and visited with him that Stewart accelerate the development of life- acting on funding Zika, months after Levy was gifted with that rare qual- saving devices and therapies, and it the initial request by the President of ity—so rare—that made you look for- protects Medicare for today’s seniors the United States, we continue to dis- ward to the next opportunity you had and preserves the program for future cuss topics which are not going to be- to see and visit with him again. generations. come law, bills that would be vetoed if To Stewart’s wife, Faye, and sons, This reform can’t come soon enough. they pass the Senate, won’t pass the Jordy and Mitchell, thank you for According to a report by the Kaiser Senate, and, obviously, don’t address sharing him with us. Stewart Levy will Family Foundation, most North Caro- the immediate public health crisis that be missed, but there will always be linians are projected to have just one is affecting thousands of Americans light and inspiration to guide us from insurer’s plan to choose from in the and will affect even more until this the love and friendship that he gave us. 2017 Federal individual health ex- body decides to address it. f change. f AMERICA SUPPORTS HELPING I will not rest until ObamaCare is re- CONGRATULATING THE STATE FAMILIES IN MENTAL HEALTH pealed and we have returned control of COLLEGE SPIKES ON THEIR NEW CRISIS medical decisions to doctors and their YORK-PENN LEAGUE CHAMPION- patients. SHIP (Mr. MURPHY of Pennsylvania asked f and was given permission to address (Mr. THOMPSON of Pennsylvania the House for 1 minute and to revise THE CLANKING BAGS OF FILTHY asked and was given permission to ad- and extend his remarks.) LUCRE TO IRAN dress the House for 1 minute and to re- Mr. MURPHY of Pennsylvania. Mr. (Mr. POE of Texas asked and was vise and extend his remarks.) Mr. THOMPSON of Pennsylvania. Speaker, during a time when our Na- given permission to address the House Mr. Speaker, I rise today to congratu- tion seems so divided, polarized, and for 1 minute and to revise and extend late the players, coaches, and staff of unable to come together on any issue, his remarks.) the State College Spikes on their 2–1 there is one thing on which most of Mr. POE of Texas. Mr. Speaker, dur- win over Hudson Valley last night to America agrees, by policy, politics, and ing negotiations with the criminal capture the New York-Penn League polling. Ayatollah, the U.S. paid Iran, the Championship. In April, a national mental health world’s largest state sponsor of terror, survey found that 86 percent of Ameri- The New York-Penn League is a a $400 million ransom to free hostages. Class A Short Season baseball league cans support the Helping Families in Shockingly, the administration now Mental Health Crisis Act. When it which includes teams from across has made two additional payments, to- Pennsylvania, New York, Maryland, comes to mental health, Democrats, taling $1.3 billion. Republicans, and Independents agreed Massachusetts, Ohio, Vermont, West Speculation is our government may Virginia, and Connecticut. that H.R. 2646 is the answer. have used underhanded and sneaky tac- In July, the House followed Amer- The championship represents the end tics, multiple hard currencies, and pre- of a great season for State College. The ica’s call and came to pass the bill 422– cious metals to hide the filthy lucre 2 to provide more hospital beds, more team set a regular season club record from Americans. for wins at 50. Tommy Edman, a draft psychiatrists, psychologists, and re- The government’s payments of bags form our broken system. Now, the pick of the St. Louis Cardinals in June, of clanking coins to the outlaw nation also set the Spikes’ single season runs American people wait for the Senate to will not go to build roads and bridges join us in passing this badly needed scored record with 61. and hospitals. Instead, it is going to Earlier this year, I had the chance to legislation. Iran’s corrupt military and helping meet with the members of the Spikes’ Millions of Americans are saying: radical terrorists continue to spread management in my office here in please do not leave Washington with- murder and aggression. Washington, D.C., and I was happy to out passing the bill so that the House Illusionaries say that the Iranian nu- have the opportunity to learn more can concur and we can get it signed clear bribe deal will help us live to- about the organization and their play- into law. Every day they don’t, 959 new gether in peace and harmony. Peace is ers. families mourn the loss of a loved one not what the rogue nation wants. They I know how much the team contrib- who suffered from mental illness. And want death to America. utes to the community and to the every day, 118 families mourn a new Why did our government pay off the economy of State College. I wish them death by suicide. Every day the Senate Ayatollah to preach hate and prepare the best of success next year. waits, we delay reform. for war? We don’t need to pay Iran to f Pass H.R. 2646. Where there is help, hate us. They will do it for free. there is hope. And that is just the way it is. CONDEMNING NICARAGUA’S RE- PRESSIVE ACTIONS AND HUMAN f f RIGHTS VIOLATIONS b 1215 CONGRESS NEEDS TO ADDRESS (Ms. ROS-LEHTINEN asked and was A BETTER WAY TO IMPROVE THE ZIKA PUBLIC HEALTH CRISIS given permission to address the House HEALTH CARE (Mr. POLIS asked and was given per- for 1 minute and to revise and extend (Ms. FOXX asked and was given per- mission to address the House for 1 her remarks.) mission to address the House for 1 minute and to revise and extend his re- Ms. ROS-LEHTINEN. Mr. Speaker, I minute.) marks.) rise today to condemn the repressive

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.014 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5351 actions and human rights abuses per- This is a cause that is very close to Mr. LAMALFA. Mr. Speaker, today I petrated by Daniel Ortega in Nica- my heart, as I have always been in awe rise in support of H.R. 5587, which reau- ragua. Ortega has forced the Nica- of the work of our Founding Fathers. thorizes the Perkins Career and Tech- raguan Supreme Court to not recognize In fact, when I was the Senate major- nical Education program through the the leaders of two opposition political ity leader of Michigan in 2009, we be- year 2022. parties. He has removed 28 deputies and came the first legislative body to rec- Career and technical education pro- alternates from the National Assem- ognize Patriot Week. Since then, grams help provide the vocational bly. He has chosen his wife to be his events have spread to at least 10 training needed to ensure our students running mate in the upcoming illegit- States, where people of all ages have have the technical skills to engage the imate elections in order to continue reflected on the work of great Ameri- world with the technology of today and the Ortega dynasty and has sent his cans who furthered the cause of liberty tomorrow. thugs to break up peaceful marches by and our founding principles. This reauthorization does more than Nicaraguan civil society, who are de- Patriot Week formally begins on Sep- provide funding for the next 5 years. It manding inclusive elections with inter- tember 11, paying tribute to those who also gives structural changes to de- national and domestic observers. lost their lives in the terrorist attacks crease the burden on local districts and Mr. Speaker, there must be con- of 9/11, and ends on September 17, by increase engagement with local busi- sequences for these actions, and that is celebrating Constitution Day. Each nesses and higher education partners. why I introduced the bill, H.R. 5708, the day focuses on a different set of Amer- More importantly, H.R. 5587 puts up NICA Act, alongside my friend Con- ican values, people, and our most pre- additional barriers between politicians gressman ALBIO SIRES of New Jersey, cious founding documents. and students, preventing Sacramento to ensure that the United States will Mr. Speaker, in this time when our and Washington from interfering with oppose any loans to this decrepit re- Nation has become so divided, we must our educators. gime. renew our American spirit and let it Mr. Speaker, not every student is We must show the Nicaraguan people endure for generations to come. We are bound for college, but every student that we stand with them in solidarity blessed to live in the greatest Nation should leave high school with the and support their efforts to convene on Earth, and we owe it to all of the knowledge and skills necessary to join free, fair, and transparent elections. brave men and women who paved the today’s workforce and have all the op- f way for us to get here. tions available to them. I urge my colleagues to join me in f HONORING THE SERVICE AND participating in Patriot Week and sup- MEMORY OF OFFICER BRADLEY porting my resolution, H. Con. Res. 58. OUR DEALINGS WITH IRAN ARE A M. FOX f THREAT TO NATIONAL SECURITY (Mr. MEEHAN asked and was given DAR CONSTITUTION WEEK (Mr. HOLDING asked and was given permission to address the House for 1 permission to address the House for 1 minute and to revise and extend his re- (Mr. FARENTHOLD asked and was minute and to revise and extend his re- marks.) given permission to address the House marks.) Mr. MEEHAN. Mr. Speaker, I rise for 1 minute and to revise and extend Mr. HOLDING. Mr. Speaker, one today to honor the service and memory his remarks.) would think that, after receiving pal- Mr. FARENTHOLD. Mr. Speaker, on of Officer Bradley M. Fox of the Plym- lets stacked high with international September 17, 1787, the United States outh Township of Pennsylvania Police currency shrouded in secrecy and the Constitution was signed by 39 inspired Department. associated benefits of this administra- men who changed the course of history. Four years ago today, on the eve of tion’s flawed nuclear deal, the leader- his 35th birthday, Brad was shot and As a nation, we celebrate Constitu- tion Week from September 17 to Sep- ship in Iran would want to change their killed in the line of duty. He died pro- ways. But when it comes to Iran, logic tecting the community and the coun- tember 23 this year to remember the legacy and freedoms we all enjoy. The doesn’t apply. try he served, first as a United States In fact, Mr. Speaker, the opposite has signing of the Constitution 229 years Marine with two tours of combat duty happened. Iran has become more ago created a Republic that has with- in Iraq, then for 7 years as a Plymouth confrontational. Tehran continues to stood the test of time and that has Township Police Officer. develop and test ballistic missile tech- proven that it was destined for great- Brad was a cop’s cop. He was re- nology, deploy advanced surface-to-air ness. spected by his colleagues for his profes- defenses at a ‘‘peaceful’’ nuclear site, sionalism, and he was admired for his To this day, the United States Con- stitution stands as a testament to the and harass our naval vessels on the love for life, his love of sports, and, open seas. particularly, his love for his growing tenacity of Americans throughout his- tory to establish justice, to ensure do- The leaders in Tehran and in the family. IRGC are continuing down the same Brad leaves behind his wife, Lynsay, mestic tranquility, to provide for the old path of aggression as they did be- and his daughter, Kadence, and a son, common defense, to promote the gen- fore the nuclear deal. But now, Mr. Brad, Jr., born just months after his fa- eral welfare, and to secure the bless- Speaker, they have fresh resources and ther’s tragic death. He left behind ings of liberty. The Constitution has a renewed sense the United States friends and family who loved him and withstood the test of the Civil War, the won’t seek to hold them accountable, cherished his memory, and a commu- Great Depression, and many other both courtesy of the Obama adminis- nity that will be forever grateful for challenges. We are blessed to live in a nation tration. his sacrifice. Mr. Speaker, it is time for the admin- Semper fi, Brad, and thank you for where we can all pursue happiness and istration to wake up and realize that your life and your service. safety and freedom, and I ask my col- their policies and dealings with Iran f leagues to join me and the Daughters of the American Revolution in cele- are further threatening our national CELEBRATING PATRIOT WEEK brating the Constitution and what it security. (Mr. BISHOP of Michigan asked and has done for each and every American f was given permission to address the during Constitution Week. b 1230 House for 1 minute and to revise and f extend his remarks.) NOTICE OF INTENTION TO OFFER Mr. BISHOP of Michigan. Mr. Speak- REAUTHORIZATION OF THE PER- RESOLUTION RAISING A QUES- er, I rise today to urge my colleagues KINS CAREER AND TECHNICAL TION OF PRIVILEGES OF THE to join me in celebrating what makes EDUCATION PROGRAM HOUSE our Nation the greatest country in the (Mr. LAMALFA asked and was given Mr. FLEMING. Mr. Speaker, pursu- world by recognizing Patriot Week, permission to address the House for 1 ant to clause 2 (a)(1) of rule IX, I rise currently going on this week. My reso- minute and to revise and extend his re- to give notice of my intent to raise a lution, H. Con. Res. 58, does just that. marks.) question of the privileges of the House.

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.016 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5352 CONGRESSIONAL RECORD — HOUSE September 13, 2016 The form of the resolution is as fol- start of this investigation, every email June 13, 2014, when he included the in- lows: has been preserved. Nothing has been formation on the fifth page of the third House Resolution 828—impeaching lost. Nothing has been destroyed.’’ enclosure of a letter to the Senate John Andrew Koskinen, Commissioner (2) On June 23, 2014, Commissioner Committee on Finance. of the Internal Revenue Service, for Koskinen testified that the Internal Wherefore, John Andrew Koskinen, high crimes and misdemeanors. Revenue Service had ‘‘confirmed that by such conduct, warrants impeach- Resolved, that John Andrew backup tapes from 2011 no longer ex- ment and trial, and removal from of- Koskinen, Commissioner of the Inter- isted because they have been recycled, fice. nal Revenue Service, is impeached for pursuant to the Internal Revenue Serv- Article 4. high crimes and misdemeanors and ice normal policy.’’ He went on to ex- John Andrew Koskinen has failed to that the following articles of impeach- plain that ‘‘confirmed means that act with competence and forthright- ment be exhibited to the Senate: somebody went back and looked and ness in overseeing the investigation Articles of impeachment exhibited by made sure that in fact any backup into Internal Revenue Service tar- the House of Representatives of the tapes that had existed had been recy- geting of Americans because of their United States of America in the name cled.’’ political affiliations as follows: of itself and of the people of the United (3) On March 26, 2014, Commissioner Commissioner Koskinen stated in a States of America, against John An- Koskinen was asked during a hearing hearing on June 20, 2014, that the Inter- drew Koskinen, Commissioner of the before the Committee on Oversight and nal Revenue Service had ‘‘gone to great Internal Revenue Service, in mainte- Government Reform of the House of lengths’’ to retrieve all of Lois Lerner’s nance and support of its impeachment Representatives, ‘‘Sir, are you or are emails. Commissioner Koskinen’s ac- against him for high crimes and mis- you not going to provide this com- tions contradicted the assurances he demeanors. mittee all of Lois Lerner’s emails?’’ He gave to Congress. Article l. answered, ‘‘Yes, we will do that.’’ The Treasury Inspector General for John Andrew Koskinen, in his con- Each of those statements was materi- Tax Administration found over 1,000 of duct while Commissioner of the Inter- ally false. On March 4, 2014, Internal Lois Lerner’s emails that the Internal nal Revenue Service, engaged in a pat- Revenue Service employees magneti- Revenue Service had failed to produce. tern of conduct that is incompatible cally erased 422 backup tapes con- Those discoveries took only 15 days of with his duties as an Officer of the taining as many as 24,000 of Lois investigation to uncover. The Treasury United States, as follows: Lerner’s emails. On February 2, 2014, Inspector General for Tax Administra- Commissioner Koskinen failed in his senior Internal Revenue Service offi- tion searched a number of available duty to respond to lawfully issued con- cials discovered that Lois Lerner’s sources, including disaster backup gressional subpoenas. On August 2, computer hard drive had crashed, ren- tapes, Lois Lerner’s BlackBerry, the 2013, the Committee on Oversight and dering hundreds or thousands of her email server, backup tapes for the Government Reform of the House of emails unrecoverable. Commissioner email server, and Lois Lerner’s tem- Representatives issued a subpoena to Koskinen’s false statements impeded porary replacement laptop. The Inter- Secretary of the Treasury Jacob Lew, and confused congressional investiga- nal Revenue Service failed to examine the custodian of Internal Revenue tions into the Internal Revenue Service any of those sources in its own inves- Service documents. That subpoena de- targeting of Americans based on their tigation. manded, among other things, ‘‘all com- political affiliation. Wherefore, John Andrew Koskinen, munications sent or received by Lois Wherefore, John Andrew Koskinen, by such conduct, warrants impeach- Lerner, from January 1, 2009, to August by such conduct, warrants impeach- ment, trial, and removal from office. 2, 2013.’’ On February 14, 2014, following ment and trial, and removal from of- The SPEAKER pro tempore. Under the Senate’s confirmation of John An- fice. rule IX, a resolution offered from the drew Koskinen as Commissioner of the Article 3. floor by a Member other than the ma- Internal Revenue Service, the Com- John Andrew Koskinen, throughout jority leader or the minority leader as mittee on Oversight and Government his tenure as Commissioner of the In- a question of the privileges of the Reform of the House of Representatives ternal Revenue Service, has acted in a House has immediate precedence only reissued the subpoena to him. manner inconsistent with the trust and at a time designated by the Chair with- On March 4, 2014, Internal Revenue confidence placed in him as an Officer in 2 legislative days after the resolu- Service employees in Martinsburg, of the United States, as follows: tion is properly noticed. West Virginia, magnetically erased 422 During his confirmation hearing be- Pending that designation, the form of backup tapes, destroying as many as fore the Senate Committee on Finance, the resolution noticed by the gen- 24,000 of Lois Lerner’s emails respon- John Andrew Koskinen promised, ‘‘We tleman from Louisiana will appear in sive to the subpoena. This action im- will be transparent about any problems the RECORD at this point. peded congressional investigations into we run into; and the public and cer- The Chair will not at this point de- the Internal Revenue Service targeting tainly this committee will know about termine whether the resolution con- of Americans based on their political those problems as soon as we do.’’ stitutes a question of privilege. That affiliation. The American people may Commissioner Koskinen repeatedly determination will be made at the time never know the true culpability or ex- violated that promise. As early as Feb- designated for consideration of the res- tent of the Internal Revenue Service ruary 2014 and no later than April 2014, olution. targeting because of the destruction of he was aware that a substantial por- f evidence that took place. tion of Lois Lerner’s emails could not PROVIDING FOR CONSIDERATION Wherefore, John Andrew Koskinen, be produced to Congress. However, in a OF H.R. 3590, HALT TAX IN- by such conduct, warrants impeach- March 19, 2014, letter to Senator Wyden CREASES ON THE MIDDLE CLASS ment and trial and removal from of- of the Senate Committee on Finance, AND SENIORS ACT Commissioner Koskinen said, ‘‘We are fice. Mr. BURGESS. Mr. Speaker, by di- Article 2. transmitting today additional informa- rection of the Committee on Rules, I John Andrew Koskinen engaged in a tion that we believe completes our pro- call up House Resolution 858 and ask pattern of deception that demonstrates duction to your committee and the for its immediate consideration. his unfitness to serve as Commissioner House Ways and Means Committee. The Clerk read the resolution, as fol- of the Internal Revenue Service. Com- . . . In light of these productions, I lows: missioner Koskinen made a series of hope that the investigations can be H. RES. 858 false and misleading statements to concluded in the very near future.’’ At Congress in contravention of his oath Resolved, That upon adoption of this reso- the time he sent that letter, he knew lution it shall be in order to consider in the to tell the truth. Those false state- that the document production was not House the bill (H.R. 3590) to amend the Inter- ments included the following: complete. nal Revenue Code of 1986 to repeal the in- (1) On June 20, 2014, Commissioner Commissioner Koskinen did not no- crease in the income threshold used in deter- Koskinen testified that ‘‘since the tify Congress of any problem until mining the deduction for medical care. All

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.018 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5353 points of order against consideration of the of an individual’s adjusted gross in- would be unpopular, not take effect bill are waived. The amendment in the na- come. However, as part of the Afford- until 7 years after the passage of the ture of a substitute recommended by the able Care Act, this 7.5 percent thresh- bill. But that day is now upon us. It is Committee on Ways and Means now printed old will increase to 10 percent January calendar year 2017. in the bill shall be considered as adopted. Those 7 years allowed for three elec- The bill, as amended, shall be considered as 1, 2017, for those age 65. read. All points of order against provisions H.R. 3590 would restore the pre-Af- tion cycles to take place. Democrats in in the bill, as amended, are waived. The pre- fordable Care Act threshold of 7.5 per- the House and Senate, and certainly vious question shall be considered as ordered cent for all Americans and is a mean- the Democrat in the White House, on the bill, as amended, and on any further ingful step toward easing the burden of knew that they could not withstand an amendment thereto, to final passage without rising medical expenses in commu- election after the American people dis- intervening motion except: (1) one hour of nities across the country. This will covered all of the new taxes hidden in debate equally divided and controlled by the provide broad-based tax relief to the Affordable Care Act, so they wrote chair and ranking minority member of the the bill in a way that ensured that they Committee on Ways and Means; and (2) one middle- and low-income families as they continue to struggle in difficult could get through their reelections—es- motion to recommit with or without instruc- pecially the Presidential election in tions. economic times. The administration raised the AGI 2012—without having to defend signifi- The SPEAKER pro tempore. The gen- cant tax increases. tleman from Texas is recognized for 1 threshold from 7.5 to 10 percent in order to help pay for the Affordable For Democrats in the House, it didn’t hour. work, and the American people rose up, Mr. BURGESS. Mr. Speaker, for the Care Act’s price tag. The result of this policy is an almost $33 billion tax in- and after the 2010 election, Republicans purpose of debate only, I yield the cus- resumed the majority of the House less crease over the next decade that will be tomary 30 minutes to the gentleman than a year after the Affordable Care shouldered by the middle class and sen- from Colorado (Mr. POLIS), pending Act’s passage; but the President and ior citizens. which I yield myself such time as I Democratic Senators were able to According to Americans for Tax Re- may consume. During consideration of avoid having to defend the tax in- form, over 10 million families used this this resolution, all time yielded is for creases that they supported since those tax provision in 2012 with an average of the purpose of debate only. increases had not gone into effect. $8,500 in medical expenses claimed, and GENERAL LEAVE Well, now the full cost, the full cost more than half the families that used of these tax increases is about to bear Mr. BURGESS. Mr. Speaker, I ask that provision made less than $50,000 a unanimous consent that all Members down on American families, and when year. This legislation permanently low- families across the country see how have 5 legislative days to revise and ex- ers the adjusted gross income threshold tend their remarks. much more of their income is going to from 10 percent to 7.5 percent for all be taken out of their paychecks and The SPEAKER pro tempore. Is there taxpayers, regardless of their age. objection to the request of the gen- given to bureaucrats in Washington, We are reminded daily of the short- the anger will be as palpable this year tleman from Texas? comings of the Affordable Care Act: the There was no objection. as it was in 2010. double-digit health insurance premium As we have learned, a Washington- Mr. BURGESS. Mr. Speaker, House increases; less consumer choice as in- Resolution 858 provides for consider- centered approach to delivering high- surers abandon the exchanges; and in- quality affordable health care cannot ation of H.R. 3590, the Halt Tax In- creasingly narrow networks across the creases on the Middle Class and Seniors work. While we are committed to country. Due to the rising burden for large-scale reform of the healthcare Act and the Restoring Access to Medi- families of out-of-pocket costs, the av- cation Act. system, there are people who cannot erage deductible for an employer-spon- wait, and that is why we are taking ac- The rule provides for 1 hour of debate sored health plan surged nearly 9 per- tion now. H.R. 3590 is just one example equally divided among the majority cent in 2015 to now more than $1,000. of the work that our Conference is and minority of the Committee on Beginning in 2017, the President’s doing to promote Member-driven solu- Ways and Means. As is standard with health law will increase the tax burden tions in order to improve health care all legislation pertaining to the Tax on our seniors, and this is a cost many for our citizens and ensure that they Code, the Committee on Rules has will struggle to bear. This increase will have greater access to quality care at a made no further amendments in order. have a disproportionate impact on sen- truly affordable price. H.R. 3590 will However, the rule affords the minority iors who are more likely to take advan- add on to this progress and make cer- the customary motion to recommit. tage of this deduction. tain that we protect Americans from Under the rule, we will be consid- According to the National Center for the mounting costs of the Affordable ering a bill to prevent one of the most Policy Analysis, the average senior Care Act and preserve one of the few significant tax increases imposed on spends over $4,888 a year on medical ex- tools that they have at their disposal the American people by the Affordable penses, twice as much as the average to contain high medical expenses. Care Act. The bill advanced through non-elderly adult. Typically, seniors no H.R. 3590 will help the middle class regular order and was favorably re- longer have an increase in income, in- and help seniors by preserving one tool ported out of the Committee on Ways stead relying on their savings. Con- to help soften the blow of rising and Means. gress must take steps to strengthen healthcare costs. At this point in time, H.R. 3590, the Halt Tax Increases on our citizens’ ability to save their hard- our citizens cannot withstand another the Middle Class and Seniors Act, earned dollars, not constrain it. chunk of their savings going into the amends the Internal Revenue Code of What is most egregious about the Federal coffers in order to pay for a 1986 to repeal the increase in the in- timing of the tax increase hidden with- failed experiment that the administra- come threshold used in determining in the thousands of pages of the Afford- tion has gone to astronomical lengths the deduction for medical care. This in- able Care Act is the cynical nature of to prop up. In today’s climate of ever- crease was created by the Affordable its placement. increasing healthcare costs, we must Care Act and is another example of do whatever we can to provide relief to b 1245 how the law is hurtful to average taxpayers and put in place reforms to Americans. Our Nation’s seniors should When the Affordable Care Act passed promote a return to consumer-driven not bear the burden of paying for the in the middle of the night and people health care. This important legislation Affordable Care Act. famously said they had to pass the bill can help reverse the trend of Wash- H.R. 3590 is commonsense policy that in order for people to find out what was ington-directed, one-size-fits-all will provide relief to American families in it, they used the maneuver to pay healthcare policy. This bill is concrete while promoting consumer-driven for the high cost of the bill by making proof of the actions that can be taken health care. Under current law, Ameri- the so-called benefits of the legislation to return power to individuals. cans aged 65 or older can deduct out-of- take place immediately and having the I encourage our colleagues to stand pocket medical expenses to the extent costs of the legislation, the egregious up for the middle class and senior citi- that such expenses exceed 7.5 percent tax increases that everyone knew zens and support H.R. 3590.

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A13SE7.004 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5354 CONGRESSIONAL RECORD — HOUSE September 13, 2016 I reserve the balance of my time. the Zika public health crisis, the In May, we heard Members from both Mr. POLIS. Mr. Speaker, I yield my- opioid addition, or the Flint water cri- sides of the aisle come to the floor and self such time as I may consume. I sis. speak eloquently about how addiction thank the gentleman for yielding me While H.R. 3590 sets out nice tax cuts, is ravaging families back home, and I the customary 30 minutes. it doesn’t pay for them. The reality of share those stories from Colorado. But Mr. Speaker, I rise in opposition to this bill is that the higher a house- when the President submitted a pro- the rule for consideration of H.R. 3590, hold’s income, the more likely it is to posal that would have provided $1.1 bil- and to the bill. get a tax cut. According to the con- lion in funding to actually address this They say you can’t have your cake gressional Joint Committee on Tax- epidemic, Congress did nothing. So and eat it too, but that is exactly what ation, if H.R. 3590 were to become law, here we are increasing the deficit by Republicans are trying to do with this taxpayers with over $100,000 of income $33 billion, where, if we simply took $1 bill. They are trying to keep the bene- would receive two-thirds of this tax cut billion of that and addressed the opioid fits of ObamaCare and repeal the costs at the expense of their own children, crisis, $1 billion of it and addressed of ObamaCare. They are saying we are who would then be forced to inherit a Zika, then we could simply use the rest going to continue subsidies for middle- nation even deeper in debt. to reduce the deficit. income and lower-income people, every When you spend money you don’t We are happy to spend money we expense associated with ObamaCare, have, that is a future tax increase. So don’t have. The Republicans are happy and yet we are going to reduce the effectively what this bill does is it to spend money we don’t have when it funding. We are going to increase our trades a tax cut today for a tax in- comes to tax cuts; but when it goes to deficit by over $30 billion. crease tomorrow. If you ask me, Mr. public health, when it goes to lead in At a time when the deficit continues Speaker, this country has done too pipes, when it goes to reducing pre- to add to our national debt, when many much of that already. scription drug abuse, there is no money of us are calling for going the opposite It would be one thing if this tax cut for that. Instead, this body passed a direction, trying to balance our budget, were paid for. We could weigh the pros package of bills with no funding. I am a proud sponsor of a balanced and the cons. We could weigh the costs And then there is Zika. In the pan- budget amendment. Digging this $30 and the benefits, a $32 billion tax cut. theon of public health emergencies, billion hole will make it even harder to I agree with what my colleague said. It Zika is particularly pressing. Almost balance the budget. would be a wonderful thing to do. It 19,000 Americans have already con- If the Republicans are serious about would be a wonderful way to help fami- tracted Zika, including 1,800 pregnant cutting $30 billion in revenue, let’s lies afford health care and increase the women. The numbers are likely higher show where they are going to cut $30 deductibility level. because we don’t know all of the diag- billion in costs. Whether it is from the But what’s the tradeoff, Mr. Speaker? noses in all of the cases, and four or Affordable Care Act or whether it is There are tradeoffs in this world. You five people only have mild symptoms other items, it is not intellectually can’t have your cake and eat it too. and might not be diagnosed. honest to simply say we are going to Where are you going to cut $33 billion In pregnancies, Zika, as we know, cut money, but we are not going to tell because this tax cut is so justified? can be especially devastating and, I you where it is coming from. Maybe there is a program we can agree might add, costly to taxpayers for the This bill would add $33 billion to the to cut. I would probably support it lifetime of the child. A fetus is suscep- deficit. And we all like tax cuts, Mr. today if we decreased defense spending tible to severe cognitive impairments Speaker. I mean, who wouldn’t want to by $33 billion over 10 years and that caused by the virus, including cut taxes for everybody? It is always a was the pay-for. I wouldn’t have a microcephaly. So far there are upwards question of: How are you going to pay problem with that. I would much rath- of 20 cases of microcephaly in the U.S., for it? er give the money to middle class fami- and that number is set to increase with The Republicans failed to pay for this lies than continue to spend more than the prevalence of Zika, which only $33 billion in that bill. In fact, by giv- the rest of the world combined on our Congress can act to stem. ing tax cuts today, they are making military. The administration declares Zika to our next generation, our children, even And look how cavalier this body is be a public health emergency in Puerto more beholden to today’s debt and the about adding $33 billion to the deficit. Rico, where one in four people are esti- legacy of debt that they are leaving for All in a day’s work, Mr. Speaker. Ap- mated to become infected over in the the next generation. parently, we are impeaching an IRS next year. Florida is grappling with an The revenue generated by this provi- Commissioner and we are adding $33 upsurge in cases, prompting the CDC to sion is an important part of trying to billion to the deficit. We wonder why, issue its first ever domestic travel reduce our deficit and balance our when the American people look at this warning within our own country to our budget. Removing that will simply cre- body, its approval rating is so low. own State of Florida. ate a hole of over $30 billion in a deficit Twelve percent is what I saw last. In 1 We need to learn more. The virus has that is already over $400 billion. day, we are adding $33 billion to the been around for decades, but few com- H.R. 3590 would increase the deficit deficit while not addressing critical prehensive studies exist as it made the by establishing the itemized deduction issues with Zika and Flint. transition from Africa to South Amer- threshold at 7.5 percent for all tax- In Flint, for example, a year has gone ica. We know very little about the like- payers. If Congress continues to roll by since a doctor first raised a red flag lihood a fetus will contract Zika or back pay-fors on a law that costs about the city’s water supply, and we what the factors are that affect that money to implement, it is going to have not appropriated or replaced the and the long-term implications of ex- continue to increase our deficit. There corroded water pipes. There is still posure to the virus as an infant. have been a number of other measures water being trucked in. While Flint This knowledge gap isn’t for lack of that have been brought before this families are continuing to rely on bot- qualified talented researchers. I was body that have also increased our def- tled water, on trucked in water, Con- fortunate to visit the CDC’s Division of icit. gress is increasing the deficit even Vector-Borne Diseases with Represent- At a time when numerous significant more. ative BUCK just a few weeks ago to see public health crises need to be ad- Or we can examine the abuse of pre- firsthand the research they are doing dressed—the Zika virus, opioid addic- scription opioids, an epidemic that is into viruses such as Zika, but they tion, the water in Flint—we are actu- sweeping this country. Now, we passed need the ability and the resources to ally discussing a bill that increases the a lowest common denominator bill, a focus on this imminent public health deficit by $33 billion and doesn’t even bill, of course, I supported. It has some crisis. deal with any of these crises, making it good statistics and good coordination, At a CDC laboratory, the Division of even harder to try to find the scarce re- but it doesn’t substantively do any- Vector-Borne Diseases relies on Fed- sources that we have and divert them thing to address the fact that opioids eral funding to produce cutting-edge from existing operational programs or were involved in 28,647 tragic deaths science that saves lives. If this body other revenue generators to address last year alone, the most on record. were to approve the requested amount

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.021 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5355 to fight Zika, it is likely we would ment to the rule to bring up legislation You know what? If we cut just $3 bil- know already a lot more about this that would allow those with out- lion a year from our bloated military scary virus. standing student debt to refinance budget, we could fully pay for this tax Relevant to my district is another re- their existing high interest rates to cut. Sign me up, Mr. Speaker. That cent and unprecedented outbreak of a lower interest rates. Mr. Speaker, would be paid for, and I would support mosquito-borne virus: West Nile. At 28 every one of us has constituents who it. human cases, it is the highest inci- are struggling with student debt. This There might be other areas that we dence of the virus in the State. Cities legislation gives us an opportunity to could find to work together to pay for such as Los Angeles, Dallas, and Phoe- provide immediate relief. this tax cut, but when you are asking nix are also being hit hard. That is also Mr. Speaker, I ask unanimous con- us, Mr. Speaker, to say: You know directly affected by the public health sent to insert the text of the amend- what? I want to pay for this tax cut by for vector-borne viruses. ment in the RECORD along with extra- mortgaging your children’s future, you Funding will also be essential to re- neous material immediately prior to are not going to get a lot of takers duce the building diagnostic backlog or the vote on the previous question. among us fiscally responsible Demo- develop a simpler method of testing. The SPEAKER pro tempore. Is there crats. The testing process for Zika is cum- objection to the request of the gen- I guess Republicans don’t care about bersome and costly. In places with tleman from Colorado? the deficit, don’t care about mort- local transmission like Florida and There was no objection. gaging the future, don’t care about Puerto Rico, results have started to Mr. POLIS. Mr. Speaker, I think leaving our kids further in debt. But take upwards of a month to come back, what is frustrating in consideration of you know what? Democrats do. That is leaving families in an ongoing chronic this deficit-busting, irresponsible, Re- why I oppose this bill. Our children are state of uncertainty and agony. Appro- publican tax-and-spend bill is a double already inheriting an enormous legacy priating dollars to deal with this emer- standard. We have a bill before us that of debt. The last thing we should be gency is critical to develop a vaccine. would increase the deficit by over $33 With public health experts pleading doing is adding $33 billion more to billion, yet we are not even allowed to that. for funding to combat Zika, President consider these much smaller ticket Obama sent Congress a $1.9 billion I have nothing against this par- items that are pressing national emer- ticular expenditure. If there is a way to funding request to combat the virus on gencies. February 22. Well, now it is September pay for it, we could do that. We could Children in Flint still can’t bathe or work with Republicans on it. I would 13, 204 days since the request, and thou- drink tap water because of toxic lead; sands of victims later. While the Sen- be happy to work with Republicans on families in New Hampshire are receiv- it. There are always tradeoffs in life. ate approved $1.1 billion to combat the ing little help for the opioid addictions virus, House leadership has not shown Nothing comes free. There is no ex- ravaging their communities; pregnant penditure that is free. There is no re- any appetite for this measure. In the women in south Florida are living in meantime, agencies like Health and duction in revenue that is free. A dol- fear of the serious health consequences lar is a dollar. Families across our Human Services are desperately trying and birth defects related to Zika; and to transfer money from other accounts country know that when they are bal- yet there is $33 billion for a tax cut for ancing their checkbooks at the end of just to make ends meet. the wealthy. I am frustrated, Mr. Speaker, that the month. They know that if they What piece am I missing here, Mr. here we are discussing a bill that adds spend more money or they get a bonus Speaker? How is it that there is $33 bil- $33 billion to our deficit that we don’t at work, it goes into the same pot. And lion for a tax expenditure, but there is have when we can least afford to do so, if they get a cut in their salary, that not even $1 billion or $2 billion or $3 when we are not even talking about means they have less money to spend. billion to address these pressing issues these much smaller ticket items that That is what it should mean to this like Zika or lead or opioids? are urgent and that are emergencies. It Congress. If we are going to be taking A dollar is a dollar. Whether you ex- is frustrating that this body continues in $33 billion less, we should spend $33 pend it as a decrease in revenue or an to promulgate a double standard billion less. We should pay for any tax expenditure, it has the exact same eco- around offsetting the cost of legisla- cut or expenditure on the revenue side nomic impact. It increases our budget tion. and make sure that it doesn’t go to deficit, already over $400 billion; and Expenditures and revenues are two mortgaging our children’s future by in- here we have a bill that would increase sides of the same coin. If you reduce creasing our already bloated budget revenues by $2 billion, it has the exact it by over $30 billion. If we are going to move towards bal- deficit and contributing to our na- same impact on the deficit as increas- tional debt. ing expenditures by $2 billion. They are ancing the budget, Mr. Speaker, of course, we need to look at expenditures If it wasn’t so serious, Mr. Speaker, the same thing. Yet here we are cre- it would almost be humorous when we ating massive fiscally irresponsible and we need to look at revenues. That is the only way you are ever going to hear around raising the debt ceiling holes in our deficit, moving further time from our Republican friends, Oh, away from ever balancing it, when we get there. And it is the exact wrong di- rection to be decreasing net revenues we don’t want to increase the debt ceil- are not even looking at these much ing, oh, no. The debt ceiling. The debt smaller ticket items that are much without even talking about what ex- penditures you are going to cut. ceiling. We are not going to increase more important and are critical emer- the debt ceiling. gencies. We are discussing a bill that Again, it would be one thing if we knew what the tradeoffs were, if this Well, you know why the debt ceiling adds $33 billion to our deficit. reaches its cap, Mr. Speaker? We continue to avoid dealing with bill had an offset for the $33 billion and The reason the debt ceiling needs to Flint, with opioids, and with Zika, at a we said: You know what? This is a wor- be increased is because Congress spends small fraction of the cost of this bill, thy tax cut. more than it has. Mr. Speaker. Just give us 10 percent of The gentleman made a good case for the cost of this bill—$3 billion—and it. Of course, we want to increase de- It is too late to complain after the think of the progress we can make on ductibility of healthcare expenses. I fact, Mr. Speaker. It is too late to com- Flint and opioids and Zika. Instead, we don’t think there is a single person in plain after the fact. If you, Congress, are spending $33 billion in tax expendi- this body who wouldn’t want to do it. spend more than you take in, yes, you tures to increase our deficit by over $33 The question is: What is the tradeoff? are going to need to increase the debt billion. This isn’t the way to balance Where is that $33 billion going to come ceiling. It is not rocket science. I think the budget. This isn’t the way to run a from? even my kindergartener could do the country. And let’s work together to find a way math. It is addition and subtraction. to pay for it. Right? I mean, let’s look Yet here we are saying: You know b 1300 at spending less on our military rather what? Let’s cut government revenues Mr. Speaker, if we defeat the pre- than spending more than the rest of by $33 billion. vious question, I will offer an amend- the world combined. Well, you know what, Mr. Speaker?

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.022 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5356 CONGRESSIONAL RECORD — HOUSE September 13, 2016 If this bill were to become law, we House late in the night in March of House shall, immediately after the third would reach the debt ceiling even ear- 2010: daily order of business under clause 1 of rule lier. And, of course, Congress would ‘‘(a) In General.—Subsection (a) of XIV, resolve into the Committee of the Whole for further consideration of the bill. have to blow the lid on the debt ceiling section 213 of the Internal Revenue SEC. 3. Clause 1(c) of rule XIX shall not and increase the national debt. It is Code of 1986 is amended by striking ‘7.5 apply to the consideration of H.R. 1434. math. It is simple math, Mr. Speaker, percent’ and inserting ‘10 percent’.’’ and families across our country under- Okay. Well and good. We follow that. THE VOTE ON THE PREVIOUS QUESTION: WHAT stand simple math. They balance their That is what we have been discussing. IT REALLY MEANS checkbooks. The next section: This vote, the vote on whether to order the My home State of Colorado requires ‘‘(b) Temporary Waiver of Increase previous question on a special rule, is not merely a procedural vote. A vote against or- a balanced budget every year, just as for Certain Seniors.—Section 213 of the dering the previous question is a vote many other States across the country Internal Revenue Code of 1986 is against the Republican majority agenda and do. I support a balanced budget amend- amended by adding at the end the fol- a vote to allow the Democratic minority to ment here. I think that Congress, like lowing new subsection’’—okay. And offer an alternative plan. It is a vote about families across our country, like our now here comes the new subsection: what the House should be debating. States, should balance our budget. But ‘‘ ‘(f) Special Rule for 2013, 2014, 2015, Mr. Clarence Cannon’s Precedents of the House of Representatives (VI, 308–311), de- even in the absence of that require- and 2016.—In the case of any taxable scribes the vote on the previous question on ment, Congress should act responsibly year beginning after December 31, 2012, the rule as ‘‘a motion to direct or control the to do it. And this bill is the opposite. It and ending before January 1, 2017, sub- consideration of the subject before the House increases our deficit by over $30 billion. section (a) shall be applied with respect being made by the Member in charge.’’ To It doesn’t pay for it. It mortgages our to a taxpayer by substituting ‘7.5 per- defeat the previous question is to give the children’s future for a tax expenditure cent’ for ‘10 percent’ if such taxpayer opposition a chance to decide the subject be- today. It is the wrong way to go for our fore the House. Cannon cites the Speaker’s or such taxpayer’s spouse has attained ruling of January 13, 1920, to the effect that country. age 65 before the close of such taxable ‘‘the refusal of the House to sustain the de- So while, of course, my Democratic year.’.’’ mand for the previous question passes the colleagues and I share concern about Mr. Speaker, if there was ever a case control of the resolution to the opposition’’ ensuring access to affordable health of hide the ball, if there was ever a case in order to offer an amendment. On March care and would be happy to talk about of let’s not be honest with people about 15, 1909, a member of the majority party of- tradeoffs that are involved with any re- what we are actually passing, this bill fered a rule resolution. The House defeated duction in revenues, H.R. 3590 is simply the previous question and a member of the was it. opposition rose to a parliamentary inquiry, not the way to do it. So today we are going to consider a asking who was entitled to recognition. I strongly urge my colleagues to vote bill from the gentlewoman from Ari- Speaker Joseph G. Cannon (R-Illinois) said: ‘‘no’’ and defeat the previous question zona (Ms. MCSALLY) to protect seniors ‘‘The previous question having been refused, and to vote ‘‘no’’ on this restrictive, from this tax increase that is on auto- the gentleman from New York, Mr. Fitz- misguided rule. matic pilot. The skids are greased, and gerald, who had asked the gentleman to I yield back the balance of my time. it is going to hit people January 1, 2017, yield to him for an amendment, is entitled to Mr. BURGESS. Mr. Speaker, I yield if the Congress doesn’t do something. the first recognition.’’ myself the balance of my time. The Republican majority may say ‘‘the Mr. Speaker, today’s rule provides vote on the previous question is simply a Mr. Speaker, there is perhaps a fun- for the consideration of an important vote on whether to proceed to an immediate damental, philosophic difference be- bill to undo one of the most harmful vote on adopting the resolution . . . [and] tween the gentleman and myself. Taxes tax increases on the middle class cre- has no substantive legislative or policy im- that are taken from people are just ated by the Affordable Care Act. plications whatsoever.’’ But that is not what they have always said. Listen to the Repub- that: it is money that is taken from I want to thank Ms. MCSALLY for this lican Leadership Manual on the Legislative people under penalty of law. These are legislation. not expenditures of the government Process in the United States House of Rep- The material previously referred to resentatives, (6th edition, page 135). Here’s that we are talking about. We are talk- by Mr. POLIS is as follows: how the Republicans describe the previous ing about taking people’s money from AN AMENDMENT TO H. RES. 858 OFFERED BY question vote in their own manual: ‘‘Al- them, sometimes forcibly. And in this MR. POLIS though it is generally not possible to amend case, in order to fund what? At the end of the resolution, add the fol- the rule because the majority Member con- Well, I don’t know how many people lowing new sections: trolling the time will not yield for the pur- pose of offering an amendment, the same re- here remember when the Affordable SEC. 2. Immediately upon adoption of this sult may be achieved by voting down the pre- Care Act passed late that night in resolution the Speaker shall, pursuant to vious question on the rule. . . . When the March of 2010. I don’t know how many clause 2(b) of rule XVIII, declare the House motion for the previous question is defeated, resolved into the Committee of the Whole people were paying attention to section control of the time passes to the Member House on the state of the Union for consider- 9013 of the law, for which they either who led the opposition to ordering the pre- ation of the bill (H.R. 1434) to amend the voted ‘‘yea’’ or ‘‘nay.’’ But let me just vious question. That Member, because he Higher Education Act of 1965 to provide for remind people what section 9013 said. then controls the time, may offer an amend- the refinancing of certain Federal student ment to the rule, or yield for the purpose of Mr. Speaker, this is one of the under- loans, and for other purposes. The first read- amendment.’’ lying problems that the Affordable ing of the bill shall be dispensed with. All Care Act has had since the git-go. You In Deschler’s Procedure in the U.S. House points of order against consideration of the of Representatives, the subchapter titled ask yourself: Why is a law that is giv- bill are waived. General debate shall be con- ‘‘Amending Special Rules’’ states: ‘‘a refusal ing people stuff so marginally unpopu- fined to the bill and shall not exceed one to order the previous question on such a rule lar? And why has that unpopularity hour equally divided and controlled by the [a special rule reported from the Committee persisted over all of this time? chair and ranking minority member of the on Rules] opens the resolution to amend- Well, one of the reasons for that is Committee on Education and the Workforce. ment and further debate.’’ (Chapter 21, sec- After general debate the bill shall be consid- tion 21.2) Section 21.3 continues: ‘‘Upon re- the coercive nature of the Affordable ered for amendment under the five-minute Care Act. I mean, the fact that there is jection of the motion for the previous ques- rule. All points of order against provisions in tion on a resolution reported from the Com- an individual mandate: You have to the bill are waived. At the conclusion of con- mittee on Rules, control shifts to the Mem- buy it, or we are going to penalize you sideration of the bill for amendment the ber leading the opposition to the previous through the Tax Code. Committee shall rise and report the bill to question, who may offer a proper amendment But one of the other reasons was the the House with such amendments as may or motion and who controls the time for de- very duplicitous way in which this bill have been adopted. The previous question bate thereon.’’ was passed: We are going to give you shall be considered as ordered on the bill and Clearly, the vote on the previous question stuff today, and then we are going to amendments thereto to final passage with- on a rule does have substantive policy impli- out intervening motion except one motion to cations. It is one of the only available tools figure out kind of how to pay for it recommit with or without instructions. If for those who oppose the Republican major- later. the Committee of the Whole rises and re- ity’s agenda and allows those with alter- But just listen to the language of sec- ports that it has come to no resolution on native views the opportunity to offer an al- tion 9013 that was voted on in this the bill, then on the next legislative day the ternative plan.

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.023 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5357 Mr. BURGESS. Mr. Speaker, I yield gentleman from Colorado (Mr. POLIS), them from their positions and, in some back the balance of my time, and I pending which I yield myself such time circumstances, even being forced to move the previous question on the res- as I may consume. During consider- give them raises or bonuses. olution. ation of this resolution, all time yield- Examples range from the typical The SPEAKER pro tempore (Mr. ed is for the purpose of debate only. poor-performing employee to the ab- JODY B. HICE of Georgia). The question GENERAL LEAVE surd. Projects continue to be mis- is on ordering the previous question. Mr. COLLINS of Georgia. Mr. Speak- managed and cost overruns abound. The question was taken; and the er, I ask unanimous consent that all Then there are the cases bordering on Speaker pro tempore announced that Members have 5 legislative days to re- the absurd. the ayes appeared to have it. vise and extend their remarks and in- In one case, the VA helped a veteran, Mr. POLIS. Mr. Speaker, on that I clude extraneous materials on House who was an inpatient of the substance demand the yeas and nays. Resolution 859, currently under consid- abuse clinic, purchase illegal drugs. The yeas and nays were ordered. eration. This employee continued to work at The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Is there the VA for over a year before removal ant to clause 8 of rule XX, further pro- objection to the request of the gen- proceedings even started. Mr. Speaker, ceedings on this question will be post- tleman from Georgia? did you catch that? It was a year be- poned. There was no objection. fore the proceedings even started. This f Mr. COLLINS of Georgia. Mr. Speak- is amazing. er, I am pleased to bring forward, on Another VA employee, a nurse in this PROVIDING FOR CONSIDERATION behalf of the Rules Committee today, case, showed up to work intoxicated OF H.R. 5620, VA ACCOUNT- this rule that provides for consider- and participated in a veteran’s surgery ABILITY FIRST AND APPEALS ation of H.R. 5620, the VA Account- while under the influence. Yet another MODERNIZATION ACT OF 2016 ability First and Appeals Moderniza- VA employee participated in an armed Mr. COLLINS of Georgia. Mr. Speak- tion Act of 2016. robbery. er, by direction of the Committee on The rule provides for 1 hour of debate This behavior would not slide in the Rules, I call up House Resolution 859 equally divided and controlled by the private sector, and we certainly and ask for its immediate consider- chair and ranking member of the Vet- shouldn’t stand for it when it comes to ation. erans’ Affairs Committee and also pro- our Nation’s heroes who have put their The Clerk read the resolution, as fol- vides a motion to recommit. lives on the line to serve our country. lows: Additionally, the rule makes in order VA officials have even stated in testi- H. RES. 859 several amendments, representing mony that the process for removing employees is too difficult and lengthy. Resolved, That at any time after adoption ideas from both sides of the aisle. Yes- of this resolution the Speaker may, pursuant terday the Rules Committee received This means that problem employees to clause 2(b) of rule XVIII, declare the testimony from the chairman and continue to work for the VA and inter- House resolved into the Committee of the ranking member of the Veterans’ Af- act with veterans. These employees Whole House on the state of the Union for fairs Committee and heard from nu- aren’t providing services to the agency, consideration of the bill (H.R. 5620) to amend merous Members on behalf of amend- and they aren’t providing services to title 38, United States Code, to provide for ments offered. our Nation’s veterans. the removal or demotion of employees of the H.R. 5620 includes provisions of the Employees like this need to be re- Department of Veterans Affairs based on per- moved in a timely way. At the very formance or misconduct, and for other pur- House-passed versions of H.R. 1994, the poses. The first reading of the bill shall be VA Accountability Act; H.R. 280, the least, employees need to receive dis- dispensed with. All points of order against legislation related to bonuses paid to cipline appropriate to the misconduct consideration of the bill are waived. General VA employees; language from H.R. in a way that discourages poor per- debate shall be confined to the bill and shall 5083, the VA Appeals Modernization formance or behavior in the future, but not exceed one hour equally divided and con- Act; and H.R. 4138, legislation related that is just not happening right now. trolled by the chair and ranking minority to relocation payments for VA employ- Let me be clear—and I want to again member of the Committee on Veterans’ Af- emphasize because it may even come fairs. After general debate the bill shall be ees. The VA Accountability First and Ap- up here in just a moment—this is not a considered for amendment under the five- broadside attack on all VA employees. minute rule. The bill shall be considered as peals Modernization Act continues ef- read. All points of order against provisions forts by this Congress to reform the VA This is not something that says that in the bill are waived. No amendment to the and address the bureaucratic mess that all VA employees are bad. In fact, it is bill shall be in order except those printed in has plagued its operations for far too far from it. the report of the Committee on Rules accom- long. My office, Mr. Speaker—yours as panying this resolution. Each such amend- well, and many others—deal with the ment may be offered only in the order print- b 1315 VA in a very constructive way, helping ed in the report, may be offered only by a The bill builds on meaningful steps many of our veterans get what they Member designated in the report, shall be to restore accountability to the De- need. There are hardworking and won- considered as read, shall be debatable for the time specified in the report equally divided partment of Veterans Affairs and en- derful individuals at the VA who are and controlled by the proponent and an op- sure it is appropriately providing vet- doing all they can to help our Nation’s ponent, shall not be subject to amendment, erans with the resources and care they veterans. In northeast Georgia, my of- and shall not be subject to a demand for divi- deserve. fice has a good working relationship sion of the question in the House or in the We have heard time and time again with our local VA and especially in Au- Committee of the Whole. All points of order that the Department of Veterans Af- gusta and Atlanta in the places we against such amendments are waived. At the fairs has failed to hold individuals ac- need. conclusion of consideration of the bill for countable for their actions. In the cir- This is not an issue of all of the em- amendment the Committee shall rise and re- cumstances when the VA has tried to port the bill to the House with such amend- ployees. In fact, we have actually heard ments as may have been adopted. The pre- take appropriate disciplinary action from employees of the VA. They say we vious question shall be considered as ordered against an employee, the process is need these changes because they are on the bill and amendments thereto to final rarely efficient or meaningful. That is tired of being dragged down by the an- passage without intervening motion except just simply unacceptable, Mr. Speaker. chors of the bad employees. one motion to recommit with or without in- In fact, a recent study done by the Those employees who are doing work structions. GAO found that on average it takes 6 well, they are just hindered by this bu- The SPEAKER pro tempore. The gen- months to a year—or even longer—to reaucracy—and it has got to stop—by a tleman from Georgia is recognized for 1 remove a permanent civil servant in system that fails to remove or dis- hour. the Federal Government. This is ridic- cipline those poorly performing coun- Mr. COLLINS of Georgia. Mr. Speak- ulous on its own. Imagine a private terparts. That is not fair to these hard- er, for the purpose of debate only, I business having underperforming em- working individuals who are, in fact, yield the customary 30 minutes to the ployees but not being able to remove doing their jobs. Most importantly, it

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.026 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5358 CONGRESSIONAL RECORD — HOUSE September 13, 2016 is not fair to the veterans. But I am Under the bill, veterans will be able had issues as well with fraudulent over- going to take it a step further as well— to obtain faster decisions and will be billing and mislabeling of the amount it is not fair to the taxpayers. able to retain the original effective of time that patients waited out of our That is why this bill, the VA Ac- date of their claims throughout the ap- Fort Collins facility. countability First and Appeals Mod- peals process. It will protect veterans’ There are a number of problems with ernization Act, will take steps to ad- due process rights while updating the this bill, but one of them that I want to dress this problem. The bill will pro- antiquated appeals process for VA dis- briefly mention is that it can actually vide improved protections for whistle- ability benefits. lead to less accountability in the VA blowers. It will restrict bonuses for su- This is a good bill, Mr. Speaker. It is because it could lead to the punish- pervisors who retaliate against whis- something that we need to address. We ment of whistleblowers, of employees tleblowers and strengthen account- can make all the excuses in the world who speak up against mismanagement. ability of VA senior executive service we want. We have funded this. As my When you are looking at passing a employees. Senator from Georgia has stated, who thoughtful human resources policy or It would expand senior executive is the chairman of the Senate Vet- personnel policy—and I don’t dispute service removal authority and create erans’ Affairs Committee, money is no that we need to work with the VA to an expedited removal system that longer the biggest issue. They have the come up with a better way of doing it— would include an appeals process. It resources, and they have the will of the you want to make sure that somebody would also eliminate bonuses for VA Congress. The question is: Will we give who is a whistleblower is adequately senior executive service employees for them the tools and will the Secretary, protected. If somebody comes forward 5 years and streamline authority for more importantly, actually act upon and says, you know what, we are doing the Secretary of the VA to rescind em- those? That, I have questions about, mislabeling of timesheets, or, you ployee bonuses. I wish these steps but we are here today to pass this rule know what, I know why this project is weren’t necessary, but the ongoing and to get this bill to help those who $300 million over budget, and this problems plaguing the VA demand need help the most, and that is our vet- might be because of X, Y, or Z, it strong action. erans. doesn’t always rise to the Federal level Our veterans deserve better, and we I reserve the balance of my time. of whistleblower. have to take steps to be served by this Mr. POLIS. Mr. Speaker, I yield my- We just want good employees to not agency that is supposed to be providing self such time as I may consume. feel that they can be fired for coming them assistance. I thank the gentleman from Georgia. forward with the truth about mis- In addition to the problems with the I want to point out that with regard to conduct. This bill does not do that. In VA employee misconduct, the VA’s procedures and regular order and how fact, it will make those who have use- current appeals process is unquestion- this body works, there is a difference ful information that can lead to sys- ably broken. As of June 1, 2016, there between these two bills, the one that I temic improvements at the VA more were almost 457,000 appeals pending in discussed previously under the other hesitant to come forward with that in- the VA, an increase of over 80,000 pend- rule and this one. The deficit bill, the formation. ing appeals from the preceding year. In The bill removes a due process pro- $30 billion increase in the deficit that fact, in the Atlanta regional office, tection for VA employees and reduces the Republicans want to do, that came there are about 16,500 appeals pending the amount of time they have to re- through what we call regular order, with an approximate 3-year wait time; spond to a termination by two-thirds, meaning it was marked up in the Ways and the backlog is growing. Case- from 30 days to 10 days. We all want to and Means Committee. That is nor- workers in my Gainesville office have move expeditiously, but it seems like mally how things work around here. A been told that cases from 2013 are, in 30 days is a reasonable timeframe. some cases, just getting on the desk of bill goes through committee, then it There is no evidence given as to why VA employees. comes to the Rules Committee, and that 20-day reduction is needed. I Appeals issues are the most common then it goes to the floor. haven’t heard any. types of cases that my district office This bill, however, sort of magically It also eliminates a requirement that sees. We have some great caseworkers appeared in Rules Committee. It didn’t supervisors provide specific examples in my Georgia office, but they are not go through the committee of jurisdic- of poor performance when an employee able to speed up the process. They only tion which, at the very least, would in- is terminated—of course, there should help navigate the red tape and bureauc- clude the Veterans’ Affairs Committee. be reasons given—opening the door for racy. It might include other committees as unnecessary firings and leaving VA em- My office is always willing to help well. It simply appeared and was re- ployees with no recourse or rebuttal. veterans in need, and we stand by ferred to the floor. So what that means In any organization, employee mo- ready to help when we can. But it is Members of Congress and a com- rale is critical. And to create an envi- shouldn’t take a congressional office to mittee did not have a chance to amend ronment of paranoia in any enter- get answers from the VA. The VA it. We don’t even know if it would have prise—a company, an agency—is not should be answering veterans in a had a vote in committee and whether it conducive to furthering the mission. timely manner. This process needs to cleared committee. Instead, it just sort Creating this kind of uncertainty and be fixed. As a current, still active of appeared right now. chaos from a personnel perspective member of the United States Air Force So, look, we all deeply care, of within the VA would likely only make Reserve, this is just not what we need. course, about veterans. I agree with our services to veterans even harder to Mr. Speaker, could you think about much of what my colleague from Geor- provide and worse by decreasing em- what we could do with our caseworkers gia said about the need for the VA to ployee morale, therefore, making it if they were not bogged down in this do better. harder to attract the type of quality kind of inefficiency dealing with the In Colorado, I have been very in- caregivers and administrators that we VA that we have addressed in this Con- volved with our long-overdue, new vet- need to facilitate the VA program. gress on other occasions with funding erans hospital in Aurora. We have been Look, this bill is an attempt to make and with other issues, and they are working many years on getting this long-overdue reforms. I wish that it still dealing with this? completed. In fact, delays have cost was a thoughtful, bipartisan attempt. I When a veteran appeals a claim, they taxpayers over $300 million. It con- wish it had gone through committee. I shouldn’t have to wait for years for an tinues to leave many who served in our wish the committee had worked on it, answer. But the current system has led Armed Forces, including many of my marked it up, and reported it out with to a backlog that leaves many veterans constituents, without the convenient, bipartisan support; but that is not in limbo. quality care that they were promised. what has happened here. This bill takes steps in the right di- So I join my colleagues, Mr. PERL- This bill appeared at the last minute, rection. H.R. 5630 would streamline the MUTTER, Mr. COFFMAN, and many oth- throws away basic rights of employees, appeals process and help clear the mas- ers from our entire Colorado delega- reduces morale, endangers whistle- sive backlog of appeals currently stuck tion, in, of course, wanting to improve blowers, and does very little to im- and clogging the system. the quality of services at the VA. We prove the quality of services of the VA

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.028 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5359 or, frankly, the accountability of the I just have one thing, Mr. Speaker, women in uniform. We need to claw employees of the VA, both at the man- before I yield to the gentleman from back the bonuses. We need to get this agement level and at the worker level. Oregon. Thirty days to respond to ship righted. We have helped 5,000 vet- Like a lot of ideas that we debate showing up drunk for surgery in one of erans out of my office over the last here, of course, there is a kernel of an the examples that I gave? You don’t number of years—5,000. idea here. Yes, we want to work to- need 30 days to respond to that. You Ask yourself this: Why do we all have gether to reform the VA. We agree with need to be fired immediately. So I am to have staff in our district offices to that. My colleague from Georgia gave a not sure what the argument is here. help veterans work their way through lot of reasons. I could give my own. I I will agree with my friend from Col- the bureaucracy to get the help that mentioned the price overrides in our orado that we need to fix this. I think they have earned and deserve? Yet we hospital in Aurora. I have mentioned we may have different ways to go all do because we care and we want to the manipulated timesheets in Fort about it. But again, at the expense of help. But somewhere you have to back Collins. I have mentioned, like my col- the good workers at the VA, we need to up and go: Why do we all have to hire league from Georgia, just the indi- address this. people to help these veterans get to vidual cases where I have had constitu- I yield such time as he may consume that point? That shouldn’t be nec- ents that we have had to help navigate to the gentleman from Oregon (Mr. essary. They ought to be embraced by an overly complex bureaucracy and WALDEN). the agency. They ought to be cared for they shouldn’t have to go to their b 1330 immediately, and it should be a com- Member of Congress. Mr. WALDEN. Mr. Speaker, I thank plete last resort that they have to ac- For men and women who have served tually track down their Member of our country, for men and women who my good friend and the gentleman for yielding and for his comments. You are Congress to say: ‘‘Can you help bust were injured in the line of duty, for through the bureaucracy because my men and women who are disabled from so spot on. On Saturday morning in Medford, Or- loved one doesn’t get access to care?’’ a service-related injury, we owe them or ‘‘I can’t get access to care.’’ our very best. They stood up and de- egon, I met with about 40 veterans who are furious about the delays in getting This is fundamentally a broken sys- fended our freedom, and we owe them tem that needs repair. I think we all all the highest quality of care to take access to care, and the fact that they can’t maintain providers at the local agree on that. That is not a partisan care of them through our VA system, issue. None of this should be. We or through Veterans Choice, and the facility. And, by the way, that is not unique just there. I don’t know about should protect whistleblower rights. other types of programs that serve our This bill does that. We should recoup veterans’ community. Of course, we you, but I am hearing all across my district, all across Oregon, that these the bonuses when they were given to need to reform and do better in the VA. undeserving employees, and we should Again, rather than this kind of irre- clinics and hospitals are having trouble increase transparency. But most of all, sponsible, appeared-out-of-nowhere recruiting people, keeping people. Mo- we should start with what matters magical bill that would actually penal- rale is already bad, and part of it is be- most, and that is the veteran, and ize the very whistleblowers that we cause there is this lack of discipline. I agree, Mr. COLLINS, that if you are build everything out from there. That need to tell us about misconduct and a surgeon and you showed up drunk for should be our foremost commitment would decrease morale even further in the surgery, we are going to give you 30 and our starting place, what is best for an agency where it has already been days to dry out and explain yourself? that veteran and that veteran’s family. impacted, let’s start fresh. Let’s work Are you kidding me? If you were a pilot Mr. POLIS. Mr. Speaker, I yield 3 together. Let’s go back to committee. and showed up drunk for the flight, I minutes to the gentleman from Con- Let’s come up with a thoughtful ap- can tell you what happens, right? You necticut (Mr. LARSON). proach to improving the VA. And let’s are done. And so this is part of the Mr. LARSON of Connecticut. I thank make this happen. problem. the gentleman from Colorado, and I I reserve the balance of my time. The people I represent, the veterans, want to thank the gentleman from Mr. COLLINS of Georgia. Mr. Speak- as you say, the men and women who California (Mr. TAKANO), my colleague er, this has to be the slowest magic have fought for our freedom, as you and the ranking member, for his work trick I have ever seen in my life. This have done, they want action, not delay. on this important issue as well. actually, as written, was introduced They want access to care in a timely Mr. Speaker, I was disappointed to and also noticed for amendment 2 see that my amendment was not made months ago—sort of a delay in timing. manner. Everything in this bill, inter- in order. I would like to take this op- That is a pretty good magic trick. I estingly enough, came up in our discus- portunity, really, to expand on some- guess in the last 2 months, you haven’t sion from them. How come you are thing the gentleman from Oregon (Mr. had a chance to read it. Oh, well. paying bonuses to people that aren’t Mr. POLIS. Will the gentleman doing their job? Why do they get bo- WALDEN) had to say. yield? nuses at all? Isn’t that what we pay Congressman TAKANO and I had sim- Mr. COLLINS of Georgia. I yield to them to do? This bill fixes that. Why is ply offered an amendment that would the gentleman from Colorado. it when we raise complaints internally, ensure we could improve the process Mr. POLIS. In those 2 months, why you know, there is retribution? This for removing employees for misconduct wasn’t there a time for this to go bill protects whistleblowers. Why isn’t or performance that warrants removal. through the committee process and there more transparency about what It is reprehensible, and it ought to take regular order? happens inside the VA? This bill gets action. Mr. COLLINS of Georgia. Mr. Speak- at that. This amendment that we introduced er, I reclaim my time. Accountability and transparency will mirrored legislation introduced by our The vast bulk of this bill did. H.R. lead us to a better VA, and the dedi- colleagues Senator JOHNNY ISAKSON 1994 passed out of this House. Frankly, cated men and women who work in and Senator RICHARD BLUMENTHAL. this is a good bill that needs to move those facilities will feel better about They have developed, by contrast, a bi- forward, and it is a protection of bad their organization if they know the partisan bill, the Veterans First Act, workers at the expense of the veterans. people who are letting down the vet- which will be a critical step to achiev- If you want to vote against this then erans that are around them are some- ing true accountability that the VA so that is what you are saying. You are how held accountable. That is true in desperately needs to be an efficient wanting to vote to protect bad workers any organization. I was a small-busi- agency for the men and women who instead of getting the VA where it ness owner for 21 years with my wife. serve this Nation. It has more than 44 needs to go. This wasn’t a you show up drunk on cosponsors, including Senator BOOZ- Sixteen whistleblower groups have the job and we will talk about it in a MAN, Senator BLUNT, Senator ROUNDS, said this is the strongest whistleblower month. That is not how this works, and Senator DAINES. All have supported protection they have ever seen. So this nobody expects that kind of thing. language that we merely requested be idea that you are punishing whistle- So, look, we need to reform the VA. in the bill to improve accountability at blowers is, again, just a myth. We need to take care of our men and the VA that is sorely needed, while

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.029 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5360 CONGRESSIONAL RECORD — HOUSE September 13, 2016 also protecting—and we have heard this body. We are moving forward on a which student veterans depend on as a this a lot from our colleagues on the bill that will actually help, and we en- crucial source of housing support. other side—due process: the due proc- courage everybody to be a part of that. The bipartisan amendment I sub- ess of the whistleblower, the due proc- Mr. Speaker, I reserve the balance of mitted with Representative SUSAN ess of people who are employed in the my time. BROOKS would have restored post-9/11 Federal Government. The SPEAKER pro tempore. Without GI Bill benefits and training time to We have a bipartisan-supported bill objection, the gentlewoman from New veterans who are negatively affected in the Senate that will take much- York (Ms. SLAUGHTER) will control the by a school’s sudden closure, and it needed steps for comprehensive due remainder of the time of the minority. would also allow the VA to continue process and accountability within the There was no objection. paying student veterans a monthly VA. This is what the American people Ms. SLAUGHTER. Mr. Speaker, I am housing stipend for a short time fol- despise. Here we are in total agreement pleased to yield 5 minutes to the gen- lowing a permanent school closure. on what we need to do with veterans, tleman from California (Mr. TAKANO), There are even more important but because of talking points, in the the distinguished ranking member of amendments that this House won’t get House we are at a difference for polit- the Committee on Veterans’ Affairs. to consider. ical messaging. We shouldn’t make vet- Mr. TAKANO. Mr. Speaker, I thank Congresswoman DELBENE from Wash- erans the point of political messaging. the gentlewoman from New York for ington State offered an amendment to We ought to make sure that the vet- yielding me time. update the Advisory Committee on Mi- erans get the kind of service that they Mr. Speaker, I rise in opposition to nority Veterans, including LGBT rep- need, and when we have a bill in the this rule and the underlying bill. All of resentatives, and ensure that this com- Senate that is bipartisanly approved us, Democrats and Republicans, believe mittee better addresses the needs of all and accepted and does just that, that is in the need for stronger accountability minorities. the kind of bill that we ought to em- for employees at the VA to ensure that My colleague, Congressman WALZ, of- brace. our veterans get the care they deserve. fered an amendment to extend the Mr. COLLINS of Georgia. Mr. Speak- Unfortunately, this legislation will fall original deadline issued by the Agent er, I yield myself such time as I may short of that goal and, in doing so, set Orange Act of 1991 to ensure that Viet- consume. accountability efforts back for at least nam veterans exposed to Agent Orange Mr. Speaker, I do appreciate my a year, if not more. receive just compensation and care. friend from Connecticut, and the issue Our Senate colleagues have a bipar- Another colleague on the House Com- was there were two Takano amend- tisan bill that includes accountability mittee on Veterans’ Affairs, Congress- ments. One is made in order that does provisions that could serve as a founda- woman KUSTER, offered an amendment a similar thing, but also to simply say tion for legislation in the House. It to help improve access to care for vet- that the Senate bill, which was re- doesn’t mean it is perfect; it doesn’t erans and strengthen the healthcare ported out in May, has never been mean in its current form it would be workforce by creating a pilot program taken up in the Senate because they voted out of the Senate; but it is a far to train physician assistants who agree have had significant opposition to it. more bipartisan approach than the one to work at the VA in underserved com- In fact, the only way they got it re- that is before us today. We have an op- munities. ported out was union groups and oth- portunity to advance language that She also submitted an amendment to ers, they had to make changes to it to both parties in both Chambers can address the opioid crisis by creating a get their agreement. agree to and would contribute to a pilot program that improves pain man- I think at this point we are putting more accountable and more effective agement for veterans suffering from veterans first, not these outside inter- VA. opioid addiction and chronic pain. It est groups. I think we just need to un- H.R. 1994 and the current bill before also requires the VA to assess its abil- derstand that the Senate bill has not us, H.R. 5620, both contain flawed ac- ity to treat opioid dependency. It also moved. The Senate bill, in fact, has not countability tools, tools which, if the requires increased access to opioid passed out of the Senate and shows no VA used them, would likely result in overdose reversal medication at VA fa- hope of passing out of the Senate at adverse judgments in the courts and cilities. this point, and so why should we take cost a lot of time and money pursuing Access to care and reducing opioid that, frankly, product and come over with the likely result of those employ- addiction are some of the most press- here when we have a bill that can ees being reinstated. ing issues facing veterans today, yet move. Democrats are ready to work with neither of her amendments were made We are offering as many of these the majority to find the right path for- in order. amendments as possible. We are going ward. That is why 75 Democratic or bi- The SPEAKER pro tempore. The to be voting on my friend from Califor- partisan amendments were submitted time of the gentleman has expired. nia’s amendment as well today. These to the Committee on Rules. Unfortu- Ms. SLAUGHTER. Mr. Speaker, I are the kinds of things where I think nately, only 22 amendments were made yield an additional 1 minute to the we just need to look at this bill for in order to be considered by the full gentleman. what it is. It is helping veterans. The Chamber. Mr. TAKANO. Instead, the majority bottom line is not just simply saying One of my amendments not made in has once again introduced a partisan this is what we are doing. This is com- order included a crucial fix to support bill that violates the due process rights ing from VA employees, VA employees and protect student veterans who have of VA employees and includes several who are saying help us not be, you their education cut short by a school’s provisions that are likely to be over- know, categorized with all the other abrupt closure. When a college or uni- turned by our justice system, which is things that are going on and with those versity like ITT Tech or Corinthian why the Department of Justice, Office that are actually bringing what we do shutters its doors on short notice, stu- of Personnel Management, and the VA down, and also trying to help the ap- dent veterans enrolled at these institu- itself have all raised serious objections. peals process in this situation. tions are routinely left with their GI Even though 30 percent of VA em- So I appreciate the words of the Bill and Yellow Ribbon benefits se- ployees are veterans themselves, the Members, Mr. Speaker, coming forward verely weakened or even depleted and majority is treating their constitu- on this, but let’s also be very honest with no degree or job prospects to show tional rights as inconvenient obstacles with what is happening in both Cham- for it. There is urgency to put a fix in to evade instead of fundamental civil bers of the bicameral legislature. We place, and my amendment would do service protections to uphold. have one bill over there that is not that. Finally, I believe that the majority’s going anywhere that was reported out. There are no means in place for a efforts to institute new whistleblower We have an amendment that will be student veteran enrolled at one of provisions would be overturned for the voted on today that reflects the gen- these institutions to get any part of same reason that the U.S. Attorney tleman from California’s concern. We their educational benefits restored, and General’s office said it would not de- will see how that will be decided by many also lose their housing benefits, fend an unconstitutional section of the

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.031 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5361 Choice Act. It violates the Appoint- ment in the military is real, severe, bat the spread of this virus, when I ments Clause in the Constitution by al- and actual. This is ridiculous. We are think we would have done better to lowing lower level government employ- lowering the standard for appeal when control it and accelerate research into ees to have the final decisionmaking you have done something. finding a vaccine. We have, instead, authority to decide whether an em- There has been this argument that just been left behind in trying to get ployee will be fired. we are just picking on the low-level caught up on some of that. Over that These are more than minor legal con- employees. No, it is not. It is for every- time, the virus is spreading at an cerns. They are reasons why VA em- one all the way up the chain. alarming rate, as the range of mos- ployees who commit misconduct will In my own home State, Mr. Speaker, quito transmission far exceeds the ini- not be held accountable when their ter- we had a gentleman who was directly tial estimates. It is beyond time for us minations are challenged in court. We implicated in the scheduling issues in to finally act. Just today, I read that can pass H.R. 5620, but we will be right Augusta and asked for a transfer to At- they have discovered that the Zika back here a year from now or 2 years lanta because he was not liking the virus can cause brain damage to adults, from now when the law is deemed un- working conditions in Augusta. He not just to fetuses. constitutional. should have never got a transfer to De- Mr. Speaker, I ask unanimous con- I urge my colleagues to oppose the catur. He should have been fired and sent to insert the text of the amend- rule and the underlying bill. prosecuted. ment in the RECORD, along with extra- Now, if we want to keep coming up b 1345 neous material, immediately prior to with reasons to vote against this bill, the vote on the previous question. Mr. COLLINS of Georgia. Mr. Speak- fine and dandy. Keep it up. The SPEAKER pro tempore. Is there er, I yield myself such time as I may When we look at the honesty here of objection to the request of the gentle- consume. the questions and we look at how we woman from New York? I feel for the passion of my friend are discussing this and some of the There was no objection. from California, but let’s also get back amendments that were made in order, Ms. SLAUGHTER. Mr. Speaker, I to some issues of fact here. His amend- let’s go back to the amendments. Six- urge my colleagues to vote ‘‘no’’ on or- ment that was not made in order would teen Democrat amendments made in dering the previous question, the rule, not have helped the ITT Tech students. order, five Republican, one bipartisan. and the underlying bill. In fact, the VA itself has already said Many of the applications had dual Mr. Speaker, I yield back the balance it wouldn’t. By the way, it also costs meaning. They were doing basically of my time. $50 million. It wouldn’t help the very the same thing, so we made some in Mr. COLLINS of Georgia. Mr. Speak- ones we are claiming it would help, but order. And then some of the amend- er, I yield myself the balance of my the VA says this, not us. ments that were not made in order time. Again, are we wanting to help some- would not have done what they said Mr. Speaker, I guess, as they always body or make, again, a political state- they were going to do anyway. try to say, you start off with some- ment about a bill that you are trying So we are about a rule, about a bill. thing positive. So I will start with to figure out a way to vote against? If you want to vote against it, if you positive. Maybe that is what we are doing would rather put the appeals process of I agree with the gentlewoman from here. bad employees ahead of VA actual serv- New York: they need to get out of the Also, this issue of bipartisanship. ices and veterans who need it, then building business. They have proved to- Thirty pieces of legislation have been vote against it. But you just framed it. tally incompetent. I agree completely. passed on VA, of which 29 have had Go spin that one to your local vet- But then let’s get back to the bill. Democrat or bipartisan provisions erans service organizations who sup- Let’s get back to what we have talked added in them in this Congress. By the port these kinds of measures. Go spin about. way, the Senate has passed none of that one to them. It is not going to What is amazing to me in this whole those. If you want to know who is actu- work. They are not buying it. I have rules debate, and I am sure will happen ally working to fix the problems in the been there for a while. in the general debate on this bill, is VA, it is the House. Mr. Speaker, I reserve the balance of there is going to be a lot of reasons To keep bringing up and having a my time. given to vote ‘‘no’’ and to say this due baseline and say we need the baseline Ms. SLAUGHTER. Mr. Speaker, I process or this employee or that. But of a Senate bill that can’t move, I yield myself the balance of my time. the bottom line is, when you look at mean, that is like saying that I still Mr. Speaker, this bill is not a serious the evidence, I understand we all have want to play football for the Atlanta proposal to reform the Department of constituencies that have different Falcons. It is not happening. It is a Veterans Affairs, although we cer- opinions, but at the Veterans Adminis- great, I guess, aspirational goal, but tainly know that needs to be done. I tration there is only one constituency they haven’t called me lately. think a major bill should be in order to that matters, and that is the veteran So let’s move something that actu- get that done. And the Veterans Ad- who has served, who is to be served, ally works. This idea that it is going to ministration is vastly overstretched and to have their dedication honored. be struck down in court, I am an attor- and we are concerned for the safety and To actually come before this body ney; it is conjecture. You don’t have a healing of the veterans. My personal and advocate for a bill that can’t pass ruling that says that. You can say it hope is that we can get them out of the the Senate after it has been watered all you want. I can go to the good judge building business and just do the busi- down, that can’t move forward, to ad- from Texas, Mr. Speaker. Nobody has ness of taking care of veterans’ health vocate to say that we are making every made a ruling. So it is conjecture. It and concerns. excuse in the world like, You are going sounds good in an argument if you are We should also be voting on a bill to make them at-will employees at the trying to find a reason to vote against that includes the funding that we need VA—I heard this last night. No, you it. to address the Zika virus. The head of are not. There is still the same hiring This bill would harm veterans be- the Centers for Disease Control, Tom programs. It is just that, if you do cause veterans make up 35 percent of Frieden, recently warned that, ‘‘The something wrong, there is going to be a the VA’s workforce. This one is the one cupboard is bare. Basically, we are out process to actually remove you. Frank- that bothers me a little bit. As some- of money and we need Congress to ly, Mr. Speaker, if the Secretary at the one who still serves, when you go act.’’ VA can’t do the things he should do, through training and you work—and Mr. Speaker, if we defeat the pre- then maybe he should be removed. many in this room have served—you vious question, I will offer an amend- At this point in time, this House and are trained in the military to the high- ment to the rule to bring up legislation the Senate, this Congress, and even est expectations of your service every that would fully fund the administra- this administration, have acted. We day. And if you are forced to work with tion’s request to address this public have provided funds, we have provided people who do not live up to those ex- health crisis. This request was made resources, and we have provided direc- pectations, then the immediate punish- more than 7 months ago to help com- tion. But you cannot continue to keep

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.032 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5362 CONGRESSIONAL RECORD — HOUSE September 13, 2016 building on a faulty foundation. If you resolved into the Committee of the Whole vious question on the rule.... When the can’t get rid of the bad actors in this, House on the state of the Union for consider- motion for the previous question is defeated, if you can’t have an appeals process in ation of the bill (H.R. 5044) making supple- control of the time passes to the Member which somebody can get an answer in a mental appropriations for fiscal year 2016 to who led the opposition to ordering the pre- respond to Zika virus. The first reading of vious question. That Member, because he shorter time than 3 years, there is a the bill shall be dispensed with. All points of then controls the time, may offer an amend- problem. order against consideration of the bill are ment to the rule, or yield for the purpose of Here is the framing of that, Mr. waived. General debate shall be confined to amendment.’’ Speaker. If you believe that is okay, the bill and shall not exceed one hour equal- In Deschler’s Procedure in the U.S. House then vote ‘‘no’’ on the previous ques- ly divided among and controlled by the chair of Representatives, the subchapter titled tion, vote ‘‘no’’ on the rule, and vote and ranking minority member of the Com- ‘‘Amending Special Rules’’ states: ‘‘a refusal ‘‘no’’ on the bill. If you think the Sen- mittee on Appropriations and the chair and to order the previous question on such a rule ate can pass something, wait for them. ranking minority member of the Committee [a special rule reported from the Committee on the Budget. After general debate the bill on Rules] opens the resolution to amend- But as they say, for such a time as shall be considered for amendment under the ment and further debate.’’ (Chapter 21, sec- this, you have a moment. It is a mo- five-minute rule. All points of order against tion 21.2) Section 21.3 continues: ‘‘Upon re- ment of choosing. It is a time to de- provisions in the bill are waived. At the con- jection of the motion for the previous ques- cide: Are we going to continue to make clusion of consideration of the bill for tion on a resolution reported from the Com- excuses or are we going to put the vet- amendment the Committee shall rise and re- mittee on Rules, control shifts to the Mem- erans first—and those veterans who ac- port the bill to the House with such amend- ber leading the opposition to the previous tually work within the VA system, who ments as may have been adopted. The pre- question, who may offer a proper amendment are tired of watching others abuse it? vious question shall be considered as ordered or motion and who controls the time for de- on the bill and amendments thereto to final To actually say, again, Mr. Speaker, bate thereon.’’ passage without intervening motion except Clearly, the vote on the previous question that you are going to harm the vet- one motion to recommit with or without in- on a rule does have substantive policy impli- erans who work for the VA by dis- structions. If the Committee of the Whole cations. It is one of the only available tools ciplining bad employees is an affront rises and reports that it has come to no reso- for those who oppose the Republican major- to every veteran who works at the VA, lution on the bill, then on the next legisla- ity’s agenda and allows those with alter- every Active Duty servicemember, tive day the House shall, immediately after native views the opportunity to offer an al- every reservist and guardsman who the third daily order of business under clause ternative plan. have lived to the highest standards of 1 of rule XIV, resolve into the Committee of the Whole for further consideration of the Mr. COLLINS of Georgia. Mr. Speak- honor and integrity and doing their bill. er, I yield back the balance of my time, job. SEC. 3. Clause 1(c) of rule XIX shall not and I move the previous question on There are bad actors everywhere, apply to the consideration of H.R. 5044. the resolution. even in the military; and when found, THE VOTE ON THE PREVIOUS QUESTION: WHAT The SPEAKER pro tempore. The they are handled efficiently and quick- IT REALLY MEANS question is on ordering the previous ly. That exists everywhere else except This vote, the vote on whether to order the question. here. previous question on a special rule, is not The question was taken; and the So if you want to continue the status merely a procedural vote. A vote against or- Speaker pro tempore announced that quo, then make speeches. If you want dering the previous question is a vote the ayes appeared to have it. against the Republican majority agenda and to move something forward and work Ms. SLAUGHTER. Mr. Speaker, on toward a solution, then you vote ‘‘yes’’ a vote to allow the Democratic minority to offer an alternative plan. It is a vote about that I demand the yeas and nays. on the previous question, you vote what the House should be debating. The yeas and nays were ordered. ‘‘yes’’ on the rule, and you vote ‘‘yes’’ Mr. Clarence Cannon’s Precedents of the The SPEAKER pro tempore. Pursu- on the bill. House of Representatives (VI, 308–311), de- ant to clause 8 and clause 9 of rule XX, Then you can go home to your vet- scribes the vote on the previous question on this 15-minute vote on ordering the the rule as ‘‘a motion to direct or control the erans service organizations and people previous question will be followed by 5- trying to get help and say: I tried to consideration of the subject before the House being made by the Member in charge.’’ To minute votes on adopting House Reso- move something. I am actually moving lution 859, if ordered; ordering the pre- for you. defeat the previous question is to give the opposition a chance to decide the subject be- vious question on House Resolution Or you can go back and say: You fore the House. Cannon cites the Speaker’s 858; and adopting House Resolution 858, know, I am protecting the employees ruling of January 13, 1920, to the effect that if ordered. and the unions and the appeals process ‘‘the refusal of the House to sustain the de- The vote was taken by electronic de- and due process while all at the point mand for the previous question passes the vice, and there were—yeas 237, nays control of the resolution to the opposition’’ in time our veterans are dying because 170, not voting 24, as follows: they can’t get services. in order to offer an amendment. On March Easy choice, Mr. Speaker. Easy 15, 1909, a member of the majority party of- [Roll No. 498] choice. fered a rule resolution. The House defeated YEAS—237 the previous question and a member of the Abraham Carter (GA) Ellmers (NC) With that, I challenge my colleagues opposition rose to a parliamentary inquiry, to continue to work on this issue. We Aderholt Carter (TX) Emmer (MN) asking who was entitled to recognition. Allen Chabot Farenthold can disagree, but that disagreement Speaker Joseph G. Cannon (R–Illinois) said: Amash Chaffetz Fitzpatrick should never stop us from helping the ‘‘The previous question having been refused, Amodei Clawson (FL) Fleischmann veterans who need help to lower their the gentleman from New York, Mr. Fitz- Babin Coffman Fleming appeals time, to get the sufficient or- gerald, who had asked the gentleman to Barletta Cole Flores yield to him for an amendment, is entitled to Barr Collins (GA) Forbes ganization that they deserve and this Barton Collins (NY) Fortenberry country deserves. Not just our vet- the first recognition.’’ Benishek Comstock Foxx The Republican majority may say ‘‘the erans, but our taxpayers, the citizens Bilirakis Conaway Franks (AZ) vote on the previous question is simply a Bishop (MI) Cook Frelinghuysen who look up to this Government, they vote on whether to proceed to an immediate Bishop (UT) Costello (PA) Garrett deserve a functioning, operating sys- vote on adopting the resolution . . . [and] Black Cramer Gibbs tem that meets the needs to the high- has no substantive legislative or policy im- Blackburn Crawford Gibson plications whatsoever.’’ But that is not what Blum Crenshaw Gohmert est integrity that they have been given Bost Culberson Goodlatte charge to. they have always said. Listen to the Repub- Boustany Curbelo (FL) Gosar The material previously referred to lican Leadership Manual on the Legislative Brady (TX) Davidson Gowdy Process in the United States House of Rep- by Ms. SLAUGHTER is as follows: Brat Davis, Rodney Granger resentatives, (6th edition, page 135). Here’s Bridenstine Denham Graves (GA) AN AMENDMENT TO H. RES. 859 OFFERED BY how the Republicans describe the previous Brooks (AL) Dent Graves (LA) MS. SLAUGHTER question vote in their own manual: ‘‘Al- Brooks (IN) DeSantis Graves (MO) At the end of the resolution, add the fol- though it is generally not possible to amend Buchanan Diaz-Balart Griffith Buck Dold Grothman lowing new sections: the rule because the majority Member con- Bucshon Donovan Hanna SEC. 2. Immediately upon adoption of this trolling the time will not yield for the pur- Burgess Duffy Hardy resolution the Speaker shall, pursuant to pose of offering an amendment, the same re- Byrne Duncan (SC) Harper clause 2(b) of rule XVIII, declare the House sult may be achieved by voting down the pre- Calvert Duncan (TN) Harris

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.034 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5363 Hartzler McKinley Russell Ryan (OH) Slaughter Veasey LoBiondo Peterson Smith (NE) Heck (NV) McMorris Salmon Sa´ nchez, Linda Smith (WA) Vela Long Pittenger Smith (NJ) Hensarling Rodgers Sanford T. Speier Vela´ zquez Loudermilk Pitts Smith (TX) Herrera Beutler McSally Scalise Sanchez, Loretta Swalwell (CA) Visclosky Love Poe (TX) Stefanik Hice, Jody B. Meadows Schweikert Sarbanes Takano Walz Lucas Poliquin Stewart Hill Meehan Scott, Austin Schakowsky Thompson (CA) Wasserman Luetkemeyer Posey Stivers Holding Messer Sensenbrenner Schrader Thompson (MS) Schultz Lummis Price, Tom Stutzman Hudson Mica Sessions Scott (VA) Titus Waters, Maxine MacArthur Ratcliffe Thompson (PA) Scott, David Tonko Marchant Reed Huelskamp Miller (FL) Shimkus Watson Coleman Thornberry Huizenga (MI) Miller (MI) Serrano Torres Marino Reichert Shuster Welch Tiberi Hultgren Moolenaar Sherman Tsongas Massie Renacci Simpson Wilson (FL) Tipton Sinema Van Hollen McCarthy Ribble Hunter Mooney (WV) Smith (MO) Trott Hurd (TX) Mullin Sires Vargas Yarmuth McCaul Rice (SC) Smith (NE) Turner Hurt (VA) Mulvaney McClintock Rigell Smith (NJ) NOT VOTING—24 Upton Issa Murphy (PA) McHenry Roby Valadao Smith (TX) McKinley Roe (TN) Jenkins (KS) Neugebauer Brady (PA) Hinojosa Payne Wagner Stefanik McMorris Rogers (AL) Jenkins (WV) Newhouse Castor (FL) Israel Pelosi Walberg Johnson (OH) Noem Stewart Rodgers Rogers (KY) Cicilline Johnson, Sam Pompeo Walden Jolly Nugent Stivers McSally Rohrabacher Costa Kirkpatrick Rush Walker Jones Nunes Stutzman ´ Meadows Rokita DesJarlais Lujan, Ben Ray Schiff Walorski Jordan Olson Thompson (PA) Duckworth (NM) Meehan Rooney (FL) Sewell (AL) Walters, Mimi Joyce Palmer Thornberry Fincher Meeks Messer Ros-Lehtinen Wagner Walz Katko Paulsen Tiberi Guinta Meng Mica Roskam Weber (TX) Kelly (MS) Pearce Tipton Guthrie Palazzo Miller (FL) Ross Kelly (PA) Perry Trott Miller (MI) Rothfus Webster (FL) King (IA) Pittenger Turner Moolenaar Rouzer Wenstrup King (NY) Pitts Upton b 1419 Mooney (WV) Royce Westerman Westmoreland Kinzinger (IL) Poe (TX) Valadao Mr. LOEBSACK and Mrs. NAPOLI- Mullin Russell Mulvaney Salmon Williams Kline Poliquin Walberg TANO changed their vote from ‘‘yea’’ Knight Posey Walden Murphy (PA) Sanford Wilson (SC) Labrador Price, Tom Walker to ‘‘nay.’’ Neugebauer Scalise Wittman LaHood Ratcliffe Walorski Mr. ZINKE changed his vote from Newhouse Schweikert Womack Woodall LaMalfa Reed Walters, Mimi Noem Scott, Austin ‘‘nay’’ to ‘‘yea.’’ Yoder Lamborn Reichert Weber (TX) Nugent Sensenbrenner So the previous question was ordered. Yoho Lance Renacci Webster (FL) Nunes Sessions Olson Shimkus Young (AK) Latta Ribble Wenstrup The result of the vote was announced LoBiondo Rice (SC) Palmer Shuster Young (IA) Westerman as above recorded. Long Rigell Paulsen Simpson Young (IN) Westmoreland Loudermilk Roby The SPEAKER pro tempore (Mr. POE Pearce Sinema Zeldin Williams Love Roe (TN) of Texas). The question is on the reso- Perry Smith (MO) Zinke Lucas Rogers (AL) Wilson (SC) Wittman lution. NAYS—169 Luetkemeyer Rogers (KY) The question was taken; and the Lummis Rohrabacher Womack Adams Esty McNerney MacArthur Rokita Woodall Speaker pro tempore announced that Aguilar Farr Moore Marchant Rooney (FL) Yoder the ayes appeared to have it. Ashford Foster Moulton Marino Ros-Lehtinen Yoho Bass Frankel (FL) Murphy (FL) Young (AK) Ms. SLAUGHTER. Mr. Speaker, on Massie Roskam that I demand the yeas and nays. Beatty Fudge Nadler McCarthy Ross Young (IA) Becerra Gabbard Napolitano McCaul Rothfus Young (IN) The yeas and nays were ordered. Bera Gallego Neal McClintock Rouzer Zeldin The SPEAKER pro tempore. This is a Beyer Garamendi Nolan McHenry Royce Zinke 5-minute vote. Bishop (GA) Graham Norcross Blumenauer Grayson The vote was taken by electronic de- O’Rourke NAYS—170 Bonamici Green, Al Pallone vice, and there were—yeas 241, nays Boyle, Brendan Green, Gene Adams Deutch Pascrell Lawrence F. Grijalva Aguilar Dingell 169, not voting 21, as follows: Perlmutter Lee Brown (FL) Gutie´rrez Ashford Doggett Peters Levin [Roll No. 499] Brownley (CA) Hahn Bass Doyle, Michael Pingree Lewis Bustos Hastings Beatty F. YEAS—241 Pocan Lieu, Ted Butterfield Heck (WA) Becerra Edwards Abraham Costello (PA) Polis Lipinski Grothman Capps Higgins Bera Ellison Aderholt Cramer Price (NC) Loebsack Hanna Capuano Himes Beyer Engel Allen Crawford Quigley Lofgren Hardy Ca´ rdenas Honda Bishop (GA) Eshoo Amash Crenshaw Rangel Lowenthal Harper Carney Hoyer Blumenauer Esty Amodei Culberson Rice (NY) Lowey Harris Carson (IN) Huffman Bonamici Farr Babin Curbelo (FL) Richmond Lujan Grisham Hartzler Cartwright Jackson Lee Boyle, Brendan Foster Barletta Davidson Roybal-Allard (NM) Heck (NV) Castor (FL) Jeffries F. Frankel (FL) Barr Davis, Rodney Lynch Hensarling Castro (TX) Johnson (GA) Ruiz Brown (FL) Fudge Barton Denham Maloney, Herrera Beutler Chu, Judy Johnson, E. B. Ruppersberger Brownley (CA) Gabbard Benishek Dent Carolyn Hice, Jody B. Clark (MA) Kaptur Ryan (OH) Bustos Gallego Bilirakis DeSantis ´ Maloney, Sean Hill Clarke (NY) Keating Sanchez, Linda Butterfield Garamendi Bishop (MI) Diaz-Balart Matsui Holding Clay Kelly (IL) T. Capps Graham Bishop (UT) Dold McCollum Hudson Cleaver Kennedy Sanchez, Loretta Capuano Grayson Black Donovan McDermott Huelskamp Clyburn Kildee Sarbanes Ca´ rdenas Green, Al Blackburn Duffy McGovern Huizenga (MI) Cohen Kilmer Schakowsky Carney Green, Gene Blum Duncan (SC) McNerney Hultgren Connolly Kind Schrader Carson (IN) Grijalva Bost Duncan (TN) Moore Hunter Conyers Kuster Scott (VA) Cartwright Gutie´rrez Boustany Ellmers (NC) Moulton Hurd (TX) Cooper Langevin Scott, David Castro (TX) Hahn Brady (TX) Emmer (MN) Murphy (FL) Hurt (VA) Costa Larsen (WA) Serrano Chu, Judy Hastings Brat Farenthold Nadler Issa Courtney Larson (CT) Sherman Clark (MA) Heck (WA) Bridenstine Fitzpatrick Napolitano Jenkins (KS) Crowley Lawrence Sires Clarke (NY) Higgins Brooks (AL) Fleischmann Neal Jenkins (WV) Cuellar Lee Slaughter Clay Himes Brooks (IN) Fleming Nolan Johnson (OH) Cummings Levin Smith (WA) Cleaver Honda Buchanan Flores Norcross Jolly Davis (CA) Lewis Speier Clyburn Hoyer Buck Forbes O’Rourke Jones Davis, Danny Lieu, Ted Swalwell (CA) Cohen Huffman Bucshon Fortenberry Pallone Jordan DeFazio Lipinski Takano Connolly Jackson Lee Burgess Foxx Pascrell Joyce DeGette Loebsack Thompson (CA) Conyers Jeffries Byrne Franks (AZ) Perlmutter Katko Delaney Lofgren Thompson (MS) Cooper Johnson (GA) Calvert Frelinghuysen Peters Kelly (MS) DeLauro Lowenthal Titus Courtney Johnson, E. B. Carter (GA) Garrett Peterson Kelly (PA) DelBene Lowey Tonko Crowley Kaptur Carter (TX) Gibbs Pingree King (IA) DeSaulnier Lujan Grisham Torres Cuellar Keating Chabot Gibson Pocan King (NY) Deutch (NM) Tsongas Cummings Kelly (IL) Chaffetz Gohmert Polis Kinzinger (IL) Dingell Lynch Van Hollen Davis (CA) Kennedy Clawson (FL) Goodlatte Price (NC) Kline Doggett Maloney, Vargas Davis, Danny Kildee Coffman Gosar Quigley Knight Doyle, Michael Carolyn Veasey DeFazio Kilmer Cole Gowdy Rangel Labrador F. Maloney, Sean Vela DeGette Kind Collins (GA) Granger Rice (NY) LaHood Edwards Matsui Vela´ zquez Delaney Kuster Collins (NY) Graves (GA) Richmond LaMalfa Ellison McCollum Visclosky DeLauro Langevin Comstock Graves (LA) Roybal-Allard Lamborn Engel McDermott Wasserman DelBene Larsen (WA) Conaway Graves (MO) Ruiz Lance Eshoo McGovern Schultz DeSaulnier Larson (CT) Ruppersberger Cook Griffith Latta

VerDate Sep 11 2014 03:16 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A13SE7.008 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5364 CONGRESSIONAL RECORD — HOUSE September 13, 2016 Waters, Maxine Welch Yarmuth Kelly (PA) Newhouse Shimkus Tsongas Vela´ zquez Waters, Maxine Watson Coleman Wilson (FL) King (IA) Noem Shuster Van Hollen Visclosky Watson Coleman King (NY) Nugent Simpson Vargas Walz Welch NOT VOTING—21 Kinzinger (IL) Nunes Smith (MO) Veasey Wasserman Wilson (FL) Brady (PA) Israel Payne Kline Olson Smith (NE) Vela Schultz Yarmuth Cicilline Johnson, Sam Pelosi Knight Palmer Smith (NJ) NOT VOTING—23 DesJarlais Kirkpatrick Pompeo Labrador Paulsen Smith (TX) Duckworth Luja´ n, Ben Ray Rush LaHood Pearce Stefanik Brady (PA) Hinojosa Palazzo Cicilline Israel Payne Fincher (NM) Schiff LaMalfa Perry Stewart Lamborn Pittenger Clarke (NY) Johnson, Sam Pelosi Guinta Meeks Sewell (AL) Stutzman Guthrie Meng Lance Pitts DesJarlais Kirkpatrick Pompeo Thompson (PA) Hinojosa Palazzo Latta Poe (TX) Duckworth Luja´ n, Ben Ray Rush LoBiondo Poliquin Thornberry Fincher (NM) Schiff ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Long Posey Tiberi Guinta Meeks Sewell (AL) The SPEAKER pro tempore (during Loudermilk Price, Tom Tipton Guthrie Meng Stivers Trott the vote). There are 2 minutes remain- Love Ratcliffe Lucas Reed Turner ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ing. Luetkemeyer Reichert Upton The SPEAKER pro tempore (during Lummis Renacci Valadao the vote). There are 2 minutes remain- b 1426 MacArthur Ribble Wagner ing. So the resolution was agreed to. Marchant Rice (SC) Walberg Marino Rigell Walden b 1432 The result of the vote was announced Massie Roby Walker as above recorded. McCarthy Roe (TN) Walorski So the previous question was ordered. A motion to reconsider was laid on McCaul Rogers (AL) Walters, Mimi The result of the vote was announced McClintock Rogers (KY) the table. Weber (TX) as above recorded. McHenry Rohrabacher Webster (FL) Stated against: McKinley Rokita Wenstrup f McMorris Rooney (FL) Ms. CLARKE of New York. Mr. Speaker, I Westerman Rodgers Ros-Lehtinen was unavoidably detained. Had I been Westmoreland PROVIDING FOR CONSIDERATION McSally Roskam Williams present, I would have voted: Rollcall No. 500, OF H.R. 3590, HALT TAX IN- Meadows Ross Wilson (SC) ‘‘nay.’’ Meehan Rothfus CREASES ON THE MIDDLE CLASS Wittman The SPEAKER pro tempore. The AND SENIORS ACT Messer Rouzer Mica Royce Womack question is on the resolution. The SPEAKER pro tempore. The un- Miller (FL) Russell Woodall The question was taken; and the Yoder finished business is the vote on order- Miller (MI) Salmon Speaker pro tempore announced that Moolenaar Sanford Yoho the ayes appeared to have it. ing the previous question on the reso- Mooney (WV) Scalise Young (AK) lution (H. Res. 858) providing for con- Mullin Schweikert Young (IA) RECORDED VOTE sideration of the bill (H.R. 3590) to Mulvaney Scott, Austin Young (IN) Ms. SLAUGHTER. Mr. Speaker, I de- Murphy (PA) Sensenbrenner Zeldin mand a recorded vote. amend the Internal Revenue Code of Neugebauer Sessions Zinke 1986 to repeal the increase in the in- A recorded vote was ordered. The SPEAKER pro tempore. This is a come threshold used in determining NAYS—171 5-minute vote. the deduction for medical care, on Adams Engel Maloney, Sean The vote was taken by electronic de- Aguilar Eshoo Matsui which the yeas and nays were ordered. vice, and there were—ayes 239, noes 169, The Clerk read the title of the resolu- Ashford Esty McCollum Bass Farr McDermott not voting 23, as follows: tion. Beatty Foster McGovern [Roll No. 501] The SPEAKER pro tempore. The Becerra Frankel (FL) McNerney AYES—239 question is on ordering the previous Bera Fudge Moore question. Beyer Gabbard Moulton Abraham Crenshaw Heck (NV) Bishop (GA) Gallego Murphy (FL) Aderholt Culberson Hensarling This is a 5-minute vote. Blumenauer Garamendi Nadler Allen Curbelo (FL) Herrera Beutler The vote was taken by electronic de- Bonamici Graham Napolitano Amash Davidson Hice, Jody B. vice, and there were—yeas 237, nays Boyle, Brendan Grayson Neal Amodei Davis, Rodney Hill F. Green, Al Nolan Holding 171, not voting 23, as follows: Babin Denham Brown (FL) Green, Gene Norcross Barletta Dent Hudson [Roll No. 500] Brownley (CA) Grijalva O’Rourke Barr DeSantis Huelskamp Bustos Gutie´rrez Pallone Huizenga (MI) Barton Diaz-Balart YEAS—237 Butterfield Hahn Pascrell Hultgren Benishek Dold Abraham Collins (NY) Goodlatte Capps Hastings Perlmutter Hunter Bilirakis Donovan Aderholt Comstock Gosar Capuano Heck (WA) Peters Hurd (TX) Allen Conaway Gowdy Ca´ rdenas Higgins Peterson Bishop (MI) Duffy Hurt (VA) Amash Cook Granger Carney Himes Pingree Bishop (UT) Duncan (SC) Issa Amodei Costello (PA) Graves (GA) Carson (IN) Honda Pocan Black Duncan (TN) Jenkins (KS) Babin Cramer Graves (LA) Cartwright Hoyer Polis Blackburn Ellmers (NC) Jenkins (WV) Barletta Crawford Graves (MO) Castor (FL) Huffman Price (NC) Blum Emmer (MN) Johnson (OH) Barr Crenshaw Griffith Castro (TX) Jackson Lee Quigley Bost Farenthold Jolly Barton Culberson Grothman Chu, Judy Jeffries Rangel Boustany Fitzpatrick Jones Benishek Curbelo (FL) Hanna Clark (MA) Johnson (GA) Rice (NY) Brady (TX) Fleischmann Jordan Bilirakis Davidson Hardy Clay Johnson, E. B. Richmond Brat Fleming Joyce Bishop (MI) Davis, Rodney Harper Cleaver Kaptur Roybal-Allard Bridenstine Flores Katko Bishop (UT) Denham Harris Clyburn Keating Ruiz Brooks (AL) Forbes Kelly (MS) Black Dent Hartzler Cohen Kelly (IL) Ruppersberger Brooks (IN) Fortenberry Kelly (PA) Blackburn DeSantis Heck (NV) Connolly Kennedy Ryan (OH) Buchanan Foxx King (IA) ´ Blum Diaz-Balart Hensarling Conyers Kildee Sanchez, Linda Buck Franks (AZ) King (NY) Kinzinger (IL) Bost Dold Herrera Beutler Cooper Kilmer T. Bucshon Frelinghuysen Boustany Donovan Hice, Jody B. Costa Kind Sanchez, Loretta Kline Burgess Garrett Brady (TX) Duffy Hill Courtney Kuster Sarbanes Knight Byrne Gibbs Brat Duncan (SC) Holding Crowley Langevin Schakowsky Labrador Bridenstine Duncan (TN) Hudson Cuellar Larsen (WA) Schrader Calvert Gibson LaHood Brooks (AL) Ellmers (NC) Huelskamp Cummings Larson (CT) Scott (VA) Carter (GA) Gohmert LaMalfa Brooks (IN) Emmer (MN) Huizenga (MI) Davis (CA) Lawrence Scott, David Carter (TX) Goodlatte Lamborn Buchanan Farenthold Hultgren Davis, Danny Lee Serrano Chabot Gosar Lance Buck Fitzpatrick Hunter DeFazio Levin Sherman Chaffetz Gowdy Latta Bucshon Fleischmann Hurd (TX) DeGette Lewis Sinema Clawson (FL) Granger LoBiondo Burgess Fleming Hurt (VA) Delaney Lieu, Ted Sires Coffman Graves (GA) Long Byrne Flores Issa DeLauro Lipinski Slaughter Cole Graves (LA) Loudermilk Calvert Forbes Jenkins (KS) DelBene Loebsack Smith (WA) Collins (GA) Graves (MO) Love Carter (GA) Fortenberry Jenkins (WV) DeSaulnier Lofgren Speier Collins (NY) Griffith Lucas Carter (TX) Foxx Johnson (OH) Deutch Lowenthal Swalwell (CA) Comstock Grothman Luetkemeyer Chabot Franks (AZ) Jolly Dingell Lowey Takano Conaway Hanna Lummis Chaffetz Frelinghuysen Jones Doggett Lujan Grisham Thompson (CA) Cook Hardy MacArthur Clawson (FL) Garrett Jordan Doyle, Michael (NM) Thompson (MS) Costello (PA) Harper Marchant Coffman Gibbs Joyce F. Lynch Titus Cramer Harris Marino Cole Gibson Katko Edwards Maloney, Tonko Massie Crawford Hartzler Collins (GA) Gohmert Kelly (MS) Ellison Carolyn Torres McCarthy

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McCaul Reed Stefanik NOT VOTING—23 H. RES. 862 McClintock Reichert Stewart Brady (PA) Israel Payne Resolved, That the following named Mem- McHenry Renacci Stivers Cicilline Johnson, Sam Pelosi ber be and is hereby elected to the following McKinley Ribble Stutzman DesJarlais Kirkpatrick Pompeo McMorris Rice (SC) Thompson (PA) standing committee of the House of Rep- Duckworth Luja´ n, Ben Ray Price (NC) resentatives: Rodgers Rigell Thornberry Fincher (NM) Rush (1) COMMITTEE ON APPROPRIATIONS.—Mr. McSally Roby Tiberi Guinta Meeks Schiff Meadows Roe (TN) Tipton Guthrie Meng Sewell (AL) Cartwright. Meehan Rogers (AL) Trott Hinojosa Palazzo Waters, Maxine The resolution was agreed to. Messer Rogers (KY) Turner A motion to reconsider was laid on Mica Rohrabacher Upton ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Miller (FL) Rokita Valadao The SPEAKER pro tempore (during the table. Miller (MI) Rooney (FL) Wagner the vote). There are 2 minutes remain- f Moolenaar Ros-Lehtinen Walberg ing. Mooney (WV) Roskam Walden ANNOUNCEMENT BY THE SPEAKER Mullin Ross Walker b 1438 PRO TEMPORE Mulvaney Rothfus Walorski Murphy (PA) Rouzer Walters, Mimi So the resolution was agreed to. The SPEAKER pro tempore. Pursu- Neugebauer Royce Weber (TX) The result of the vote was announced ant to clause 8 of rule XX, the Chair Newhouse Russell Webster (FL) as above recorded. will postpone further proceedings Noem Salmon Wenstrup A motion to reconsider was laid on today on motions to suspend the rules Nugent Sanford Westerman on which a recorded vote or the yeas Nunes Scalise Westmoreland the table. and nays are ordered, or on which the Olson Schweikert Williams PERSONAL EXPLANATION vote incurs objection under clause 6 of Palmer Scott, Austin Wilson (SC) Mr. HINOJOSA. Mr. Speaker, I was un- Paulsen Sensenbrenner Wittman rule XX. Pearce Sessions Womack avoidably detained. Had I been present, I Record votes on postponed questions Perry Shimkus Woodall would have voted ‘‘nay’’ on rollcall Nos. 498, will be taken later. Pittenger Shuster Yoder 499, 500, and 501. Pitts Simpson Yoho f Poe (TX) Sinema Young (AK) f Poliquin Smith (MO) Young (IA) STRENGTHENING CAREER AND Posey Smith (NE) Young (IN) RESIGNATIONS AS MEMBER OF TECHNICAL EDUCATION FOR THE Price, Tom Smith (NJ) Zeldin COMMITTEE ON OVERSIGHT AND 21ST CENTURY ACT Ratcliffe Smith (TX) Zinke GOVERNMENT REFORM AND Mr. THOMPSON of Pennsylvania. COMMITTEE ON NATURAL RE- Mr. Speaker, I move to suspend the NOES—169 SOURCES Adams Foster Nadler rules and pass the bill (H.R. 5587) to re- Aguilar Frankel (FL) Napolitano The SPEAKER pro tempore laid be- authorize the Carl D. Perkins Career Ashford Fudge Neal fore the House the following resigna- and Technical Education Act of 2006, as Bass Gabbard Nolan tions as a member of the Committee on amended. Beatty Gallego Norcross Oversight and Government Reform and The Clerk read the title of the bill. Becerra Garamendi O’Rourke the Committee on Natural Resources: Bera Graham Pallone The text of the bill is as follows: Beyer Grayson Pascrell CONGRESS OF THE UNITED STATES, H.R. 5587 Bishop (GA) Green, Al Perlmutter HOUSE OF REPRESENTATIVES, Be it enacted by the Senate and House of Rep- Blumenauer Green, Gene Peters Washington, DC, September 13, 2016. resentatives of the United States of America in Bonamici Grijalva Peterson Hon. PAUL D. RYAN, ´ Congress assembled, Boyle, Brendan Gutierrez Pingree Speaker of the House, F. Hahn SECTION 1. SHORT TITLE. Pocan Washington, DC. Brown (FL) Hastings This Act may be cited as the ‘‘Strength- Polis DEAR MR. SPEAKER: I, Matthew A. Cart- Brownley (CA) Heck (WA) Quigley ening Career and Technical Education for Bustos wright, am submitting my resignation from Higgins Rangel the 21st Century Act’’. Butterfield Himes the Committee on Oversight and Govern- Rice (NY) Capps Honda ment Reform and the House Committee on SEC. 2. TABLE OF CONTENTS. Richmond Capuano Hoyer The table of contents for this Act is as fol- Roybal-Allard Natural Resources effective immediately. It Ca´ rdenas Huffman lows: Ruiz has been a privilege and honor to have served Carney Jackson Lee Ruppersberger on these committees as they fought to make Sec. 1. Short title. Carson (IN) Jeffries Ryan (OH) government more accountable, transparent, Sec. 2. Table of contents. Cartwright Johnson (GA) ´ Sec. 3. References. Castor (FL) Johnson, E. B. Sanchez, Linda and effective and worked to protect our envi- Castro (TX) Kaptur T. ronment and natural resources. Sec. 4. Effective date. Chu, Judy Keating Sanchez, Loretta I look forward to working to shape spend- Sec. 5. Table of contents of the Carl D. Per- Clark (MA) Kelly (IL) Sarbanes ing that can have a tremendous effect on the kins Career and Technical Edu- Clarke (NY) Kennedy Schakowsky lives of seniors, veterans, children, students, cation Act of 2006. Clay Kildee Schrader commuters, federal workers, federal contrac- Sec. 6. Purpose. Cleaver Kilmer Scott (VA) tors, and military service personnel with my Sec. 7. Definitions. Scott, David Clyburn Kind new assignment to the House Committee on Sec. 8. Transition provisions. Cohen Kuster Serrano Sec. 9. Prohibitions. Connolly Langevin Sherman Appropriations. I will be a powerful voice for Conyers Larsen (WA) Sires a budget that invests in America, creates Sec. 10. Authorization of appropriations. Cooper Larson (CT) Slaughter more good-paying jobs, and strengthens TITLE I—CAREER AND TECHNICAL EDU- Costa Lawrence Smith (WA) hard-working families. CATION ASSISTANCE TO THE STATES Courtney Lee Speier Sincerely, PART A—ALLOTMENT AND ALLOCATION Crowley Levin Swalwell (CA) MATT CARTWRIGHT. Cuellar Lewis Takano Sec. 110. Reservations and State allotment. Cummings Lieu, Ted Thompson (CA) The SPEAKER pro tempore. Without Sec. 111. Within State allocation. Davis (CA) Lipinski Thompson (MS) objection, the resignations are accept- Sec. 112. Accountability. Davis, Danny Loebsack Titus ed. Sec. 113. National activities. DeFazio Lofgren Tonko Sec. 114. Assistance for the outlying areas. DeGette There was no objection. Lowenthal Torres Sec. 115. Tribally controlled postsecondary Delaney Lowey Tsongas f DeLauro Lujan Grisham career and technical institu- Van Hollen DelBene (NM) tions. Vargas ELECTING A MEMBER TO A CER- DeSaulnier Lynch TAIN STANDING COMMITTEE OF Sec. 116. Occupational and employment in- Deutch Maloney, Veasey formation. Vela THE HOUSE OF REPRESENTA- Dingell Carolyn PART B—STATE PROVISIONS Doggett Maloney, Sean Vela´ zquez TIVES Doyle, Michael Matsui Visclosky Sec. 121. State plan. F. McCollum Walz Mr. BECERRA. Mr. Speaker, by di- Sec. 122. Improvement plans. Edwards McDermott Wasserman rection of the Democratic Caucus, I Sec. 123. State leadership activities. Schultz Ellison McGovern offer a privileged resolution and ask PART C—LOCAL PROVISIONS Engel McNerney Watson Coleman for its immediate consideration. Eshoo Moore Welch Sec. 131. Local application for career and Esty Moulton Wilson (FL) The Clerk read the resolution, as fol- technical education programs. Farr Murphy (FL) Yarmuth lows: Sec. 132. Local uses of funds.

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0655 E:\CR\FM\A13SE7.012 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5366 CONGRESSIONAL RECORD — HOUSE September 13, 2016 TITLE II—GENERAL PROVISIONS ‘‘Sec. 223. State administrative costs. (B) in subparagraph (B), by striking ‘‘fi- Sec. 201. Federal and State administrative ‘‘Sec. 224. Student assistance and other Fed- nancial aid,’’ and all that follows through provisions. eral programs.’’. the period at the end and inserting ‘‘finan- SEC. 6. PURPOSE. cial aid, job training, secondary and postsec- TITLE III—AMENDMENTS TO THE Section 2 (20 U.S.C. 2301) is amended— ondary options (including baccalaureate de- WAGNER-PEYSER ACT (1) in the matter preceding paragraph (1)— gree programs), dual or concurrent enroll- Sec. 301. State responsibilities. (A) by striking ‘‘academic and career and ment programs, work-based learning oppor- SEC. 3. REFERENCES. technical skills’’ and inserting ‘‘academic tunities, and support services.’’; Except as otherwise expressly provided, knowledge and technical and employability (6) by inserting after paragraph (7) the fol- whenever in this Act an amendment or re- skills’’; and lowing: peal is expressed in terms of an amendment (B) by inserting ‘‘and programs of study’’ ‘‘(8) CAREER PATHWAYS.—The term ‘career to, or repeal of, a section or other provision, after ‘‘technical education programs’’; pathways’ has the meaning given the term in the reference shall be considered to be made (2) in paragraph (3), by striking ‘‘, includ- section 3 of the Workforce Innovation and to a section or other provision of the Carl D. ing tech prep education’’; and Opportunity Act (29 U.S.C. 3102).’’; Perkins Career and Technical Education Act (3) in paragraph (4), by inserting ‘‘and pro- (7) by inserting after paragraph (10) (as so of 2006 (20 U.S.C. 2301 et seq.). grams of study’’ after ‘‘technical education redesignated by paragraph (2)) the following: SEC. 4. EFFECTIVE DATE. programs’’. ‘‘(11) CTE CONCENTRATOR.—The term ‘CTE This Act and the amendments made by SEC. 7. DEFINITIONS. concentrator’ means— this Act shall take effect beginning on July Section 3 (20 U.S.C. 2302) is amended— ‘‘(A) at the secondary school level, a stu- 1, 2017. (1) by striking paragraphs (16), (23), (24), dent served by an eligible recipient who has— SEC. 5. TABLE OF CONTENTS OF THE CARL D. (25), (26), and (32); PERKINS CAREER AND TECHNICAL (2) by redesignating paragraphs (8), (9), (10), ‘‘(i) completed 3 or more career and tech- EDUCATION ACT OF 2006. (11), (12), (13), (14), (15), (17), (18), (19), (20), nical education courses; or Section 1(b) is amended to read as follows: (21), (22), (27), (28), (29), (30), (31), (33), and (34) ‘‘(ii) completed at least 2 courses in a sin- ‘‘(b) TABLE OF CONTENTS.—The table of as paragraphs (9), (10), (13), (16), (17), (19), (20), gle career and technical education program contents for this Act is as follows: (23), (25), (27), (28), (30), (32), (35), (39), (40), or program of study; or (41), (44), (45), (46), and (47), respectively; ‘‘(B) at the postsecondary level, a student ‘‘Sec. 1. Short title; table of contents. (3) in paragraph (3)— enrolled in an eligible recipient who has— ‘‘Sec. 2. Purpose. (A) in subparagraph (B), by striking ‘‘5 dif- ‘‘(i) earned at least 12 cumulative credits ‘‘Sec. 3. Definitions. within a career and technical education pro- ‘‘Sec. 4. Transition provisions. ferent occupational fields to individuals’’ gram or program of study; or ‘‘Sec. 5. Privacy. and inserting ‘‘3 different fields, especially in ‘‘(ii) completed such a program if the pro- ‘‘Sec. 6. Limitation. in-demand industry sectors or occupations, gram encompasses fewer than 12 credits or ‘‘Sec. 7. Special rule. that are available to all students’’; and the equivalent in total. ‘‘Sec. 8. Prohibitions. (B) in subparagraph (D), by striking ‘‘not ‘‘(12) CTE PARTICIPANT.—The term ‘CTE ‘‘Sec. 9. Authorization of appropriations. fewer than 5 different occupational fields’’ and inserting ‘‘not fewer than 3 different oc- participant’ means an individual who com- ‘‘TITLE I—CAREER AND TECHNICAL EDU- cupational fields’’; pletes not less than 1 course or earns not less CATION ASSISTANCE TO THE STATES (4) in paragraph (5)— than 1 credit in a career and technical edu- ‘‘PART A—ALLOTMENT AND ALLOCATION (A) in subparagraph (A)— cation program or program of study of an el- ‘‘Sec. 111. Reservations and State allotment. (i) in clause (i)— igible recipient.’’; ‘‘Sec. 112. Within State allocation. (I) by striking ‘‘coherent and rigorous con- (8) by inserting after paragraph (13) (as so ‘‘Sec. 113. Accountability. tent aligned with challenging academic redesignated by paragraph (2)) the following: ‘‘Sec. 114. National activities. standards’’ and inserting ‘‘content at the ‘‘(14) DUAL OR CONCURRENT ENROLLMENT.— ‘‘Sec. 115. Assistance for the outlying areas. secondary level aligned with the challenging The term ‘dual or concurrent enrollment’ ‘‘Sec. 116. Native American programs. State academic standards adopted by a State has the meaning given the term in section ‘‘Sec. 117. Tribally controlled postsecondary under section 1111(b)(1) of the Elementary 8101 of the Elementary and Secondary Edu- career and technical institu- and Secondary Education Act of 1965 (20 cation Act of 1965 (20 U.S.C. 7801). tions. U.S.C. 6311(b)(1)), and at the postsecondary ‘‘(15) EARLY COLLEGE HIGH SCHOOL.—The term ‘early college high school’ has the ‘‘PART B—STATE PROVISIONS level with the rigorous academic content,’’ (II) by striking ‘‘and skills’’ and inserting meaning given the term in section 8101 of the ‘‘Sec. 121. State administration. ‘‘and skills,’’; and Elementary and Secondary Education Act of ‘‘Sec. 122. State plan. (III) by inserting ‘‘, including in in-demand 1965 (20 U.S.C. 7801).’’; ‘‘Sec. 123. Improvement plans. industry sectors or occupations’’ before the (9) by inserting after paragraph (17) (as so ‘‘Sec. 124. State leadership activities. semicolon at the end; redesignated by paragraph (2)) the following: ‘‘PART C—LOCAL PROVISIONS (ii) in clause (ii), by striking ‘‘, an indus- ‘‘(18) ELIGIBLE ENTITY.—The term ‘eligible ‘‘Sec. 131. Distribution of funds to secondary try-recognized credential, a certificate, or an entity’ means a consortium that— education programs. associate degree’’ and inserting ‘‘or a recog- ‘‘(A) shall include at least two of the fol- ‘‘Sec. 132. Distribution of funds for postsec- nized postsecondary credential, which may lowing: ondary education programs. include an industry-recognized credential’’; ‘‘(i) a local educational agency; ‘‘Sec. 133. Special rules for career and tech- and ‘‘(ii) an educational service agency; nical education. (iii) in clause (iii), by striking ‘‘and’’ at the ‘‘(iii) an eligible institution; ‘‘Sec. 134. Local application for career and end; ‘‘(iv) an area career and technical edu- technical education programs. (B) in subparagraph (B)— cation school; ‘‘Sec. 135. Local uses of funds. (i) by inserting ‘‘, work-based, or other’’ ‘‘(v) a State educational agency; or ‘‘TITLE II—GENERAL PROVISIONS after ‘‘competency-based’’; ‘‘(vi) the Bureau of Indian Education; (ii) by striking ‘‘contributes to the’’ and ‘‘(B) may include a regional, State, or local ‘‘PART A—FEDERAL ADMINISTRATIVE inserting ‘‘supports the development of’’; public or private organization, including a PROVISIONS (iii) by striking the period at the end and community-based organization, one or more ‘‘Sec. 211. Fiscal requirements. inserting a semicolon; and employers, or a qualified intermediary; and ‘‘Sec. 212. Authority to make payments. (iv) by striking ‘‘general’’; and ‘‘(C) is led by an entity or partnership of ‘‘Sec. 213. Construction. (C) by adding at the end the following: entities described in subparagraph (A).’’; ‘‘Sec. 214. Voluntary selection and participa- ‘‘(C) to the extent practicable, coordinate (10) by amending paragraph (19) (as so re- tion. between secondary and postsecondary edu- designated by paragraph (2)) to read as fol- ‘‘Sec. 215. Limitation for certain students. cation programs, which may include early lows: ‘‘Sec. 216. Federal laws guaranteeing civil college programs with articulation agree- ‘‘(19) ELIGIBLE INSTITUTION.—The term ‘eli- rights. ments, dual or concurrent enrollment pro- gible institution’ means— ‘‘Sec. 217. Participation of private school gram opportunities, or programs of study; ‘‘(A) a consortium of 2 or more of the enti- personnel and children. and ties described in subparagraphs (B) through ‘‘Sec. 218. Limitation on Federal regula- ‘‘(D) may include career exploration at the (F); tions. high school level or as early as the middle ‘‘(B) a public or nonprofit private institu- ‘‘Sec. 219. Study on programs of study grades (as such term is defined in section tion of higher education that offers and will aligned to high-skill, high-wage 8101 of the Elementary and Secondary Edu- use funds provided under this title in support occupations. cation Act of 1965 (20 U.S.C. 7801)).’’; of career and technical education courses ‘‘PART B—STATE ADMINISTRATIVE PROVISIONS (5) in paragraph (7)— that lead to technical skill proficiency, an ‘‘Sec. 221. Joint funding. (A) in subparagraph (A), by striking ‘‘(and industry-recognized credential, a certificate, ‘‘Sec. 222. Prohibition on use of funds to in- parents, as appropriate)’’ and inserting or an associate degree; duce out-of-State relocation of ‘‘(and, as appropriate, parents and out-of- ‘‘(C) a local educational agency providing businesses. school youth)’’; and education at the postsecondary level;

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A13SE7.015 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5367 ‘‘(D) an area career and technical edu- Elementary and Secondary Education Act of ‘‘(ii) is on active duty (as such term is de- cation school providing education at the 1965 (20 U.S.C. 7801), except that such term fined in section 101(d)(1) of such title).’’; postsecondary level; does not include an initiative that— (20) by inserting after paragraph (41) (as so ‘‘(E) a postsecondary educational institu- ‘‘(A) reduces the special education or re- redesignated by paragraph (2)) the following: tion controlled by the Bureau of Indian Af- lated services that a student would other- ‘‘(42) SPECIALIZED INSTRUCTIONAL SUPPORT fairs or operated by or on behalf of any In- wise receive under the Individuals with Dis- PERSONNEL.—The term ‘specialized instruc- dian tribe that is eligible to contract with abilities Education Act (20 U.S.C. 1400 et tional support personnel’ has the meaning the Secretary of the Interior for the adminis- seq.); or given the term in section 8101 of the Elemen- tration of programs under the Indian Self- ‘‘(B) otherwise reduces the rights of a stu- tary and Secondary Education Act of 1965 (20 Determination and Education Assistance Act dent or the obligations of an entity under U.S.C. 7801). (25 U.S.C. 450 et seq.) or the Act of April 16, the Individuals with Disabilities Education ‘‘(43) SPECIALIZED INSTRUCTIONAL SUPPORT 1934 (25 U.S.C. 452 et seq.); or Act (20 U.S.C. 1400 et seq.), the Rehabilita- SERVICES.—The term ‘specialized instruc- ‘‘(F) an educational service agency.’’; tion Act of 1973 (29 U.S.C. 701 et seq.), the tional support services’ has the meaning (11) by amending paragraph (20) (as so re- Americans with Disabilities Act of 1990 (42 given the term in section 8101 of the Elemen- designated by paragraph (2)) to read as fol- U.S.C. 12101 et seq.), or any other law.’’; tary and Secondary Education Act of 1965 (20 lows: (18) by inserting after paragraph (35) (as so U.S.C. 7801).’’; ‘‘(20) ELIGIBLE RECIPIENT.—The term ‘eligi- redesignated by paragraph (2)) the following: (21) in paragraph (45) (as so redesignated by ble recipient’ means— paragraph (2)) by inserting ‘‘(including para- ‘‘(36) PROGRAM OF STUDY.—The term ‘pro- ‘‘(A) an eligible institution or consortium professionals and specialized instructional gram of study’ means a coordinated, non- of eligible institutions eligible to receive as- support personnel)’’ after ‘‘supportive per- duplicative sequence of secondary and post- sistance under section 132; or sonnel’’; and secondary academic and technical content ‘‘(B) a local educational agency (including (22) by adding at the end the following: that— a public charter school that operates as a ‘‘(48) UNIVERSAL DESIGN FOR LEARNING.— ‘‘(A) incorporates challenging State aca- local educational agency), an area career and The term ‘universal design for learning’ has demic standards, including those adopted by technical education school, an educational the meaning given the term in section 8101 of a State under section 1111(b)(1) of the Ele- service agency, or a consortium of such enti- the Elementary and Secondary Education ties, eligible to receive assistance under sec- mentary and Secondary Education Act of Act of 1965 (20 U.S.C. 7801). 1965 (20 U.S.C. 6311(b)(1)), that— tion 131.’’; ‘‘(49) WORK-BASED LEARNING.—The term (12) by adding after paragraph (20) (as so ‘‘(i) address both academic and technical ‘work-based learning’ means sustained inter- redesignated by paragraph (2)) the following: knowledge and skills, including employ- actions with industry or community profes- ability skills; and ‘‘(21) ENGLISH LEARNER.—The term ‘English sionals in real workplace settings, to the ex- learner’ means— ‘‘(ii) are aligned with the needs of indus- tent practicable, or simulated environments ‘‘(A) a secondary school student who is an tries in the economy of the State, region, or at an educational institution that foster in- English learner, as defined in section 8101 of local area; depth, first-hand engagement with the tasks the Elementary and Secondary Education ‘‘(B) progresses in specificity (beginning required of a given career field, that are Act of 1965 (20 U.S.C. 7801); or with all aspects of an industry or career aligned to curriculum and instruction.’’. ‘‘(B) an adult or an out-of-school youth cluster and leading to more occupational SEC. 8. TRANSITION PROVISIONS. who has limited ability in speaking, reading, specific instruction); Section 4 (20 U.S.C. 2303) is amended— writing, or understanding the English lan- ‘‘(C) has multiple entry and exit points (1) by striking ‘‘the Secretary determines guage and— that incorporate credentialing; and to be appropriate’’ and inserting ‘‘are nec- ‘‘(i) whose native language is a language ‘‘(D) culminates in the attainment of a rec- essary’’; other than English; or ognized postsecondary credential. (2) by striking ‘‘Carl D. Perkins Career and ‘‘(ii) who lives in a family environment in ‘‘(37) QUALIFIED INTERMEDIARY.—The term Technical Education Improvement Act of which a language other than English is the ‘qualified intermediary’ means a non-profit 2006’’ each place it appears and inserting dominant language. entity that demonstrates expertise to build, ‘‘Strengthening Career and Technical Edu- ‘‘(22) EVIDENCE-BASED.—The term ‘evi- connect, sustain, and measure partnerships cation for the 21st Century Act’’; and dence-based’ has the meaning given the term with entities such as employers, schools, (3) by striking ‘‘1998’’ and inserting ‘‘2006’’. in section 8101(21)(A) of the Elementary and community-based organizations, postsec- SEC. 9. PROHIBITIONS. Secondary Education Act of 1965 (20 U.S.C. ondary institutions, social service organiza- Section 8 (20 U.S.C. 2306a) is amended— 7801(21)(A)).’’; tions, economic development organizations, (1) in subsection (a), by striking ‘‘Federal (13) by inserting after paragraph (23) (as so and workforce systems to broker services, Government to mandate,’’ and all that fol- redesignated by paragraph (2)) the following: resources, and supports to youth and the or- lows through the end and inserting ‘‘Federal ‘‘(24) IN-DEMAND INDUSTRY SECTOR OR OCCU- ganizations and systems that are designed to Government— PATION.—The term ‘in-demand industry sec- serve youth, including— ‘‘(1) to condition or incentivize the receipt tor or occupation’ has the meaning given the ‘‘(A) connecting employers to classrooms; of any grant, contract, or cooperative agree- term in section 3 of the Workforce Innova- ‘‘(B) assisting in the design and implemen- ment, or the receipt of any priority or pref- tion and Opportunity Act (29 U.S.C. 3102).’’; tation of career and technical education pro- erence under such grant, contract, or cooper- (14) by inserting after paragraph (25) (as so grams and programs of study; ative agreement, upon a State, local edu- redesignated by paragraph (2)) the following: ‘‘(C) delivering professional development; cational agency, eligible agency, eligible re- ‘‘(26) INDUSTRY OR SECTOR PARTNERSHIP.— ‘‘(D) connecting students to internships cipient, eligible entity, or school’s adoption The term ‘industry or sector partnership’ has and other work-based learning opportunities; or implementation of specific instructional the meaning given the term in section 3 of and content, academic standards and assess- the Workforce Innovation and Opportunity ‘‘(E) developing personalized student sup- ments, curricula, or program of instruction Act (29 U.S.C. 3102).’’; ports. (including any condition, priority, or pref- (15) by inserting after paragraph (28) (as so ‘‘(38) RECOGNIZED POSTSECONDARY CREDEN- erence to adopt the Common Core State redesignated by paragraph (2)) the following: TIAL.—The term ‘recognized postsecondary Standards developed under the Common Core ‘‘(29) LOCAL WORKFORCE DEVELOPMENT credential’ has the meaning given the term State Standards Initiative, any other aca- BOARD.—The term ‘local workforce develop- in section 3 of the Workforce Innovation and demic standards common to a significant ment board’ means a local workforce devel- Opportunity Act (29 U.S.C. 3102).’’; number of States, or any assessment, in- opment board established under section 107 (19) in paragraph (41) (as so redesignated by structional content, or curriculum aligned to of the Workforce Innovation and Oppor- paragraph (2))— such standards); tunity Act.’’; (A) in subparagraph (B), by striking ‘‘fos- ‘‘(2) through grants, contracts, or other co- (16) by inserting after paragraph (30) (as so ter children’’ and inserting ‘‘youth who are operative agreements, to mandate, direct, or redesignated by paragraph (2)) the following: in or have aged out of the foster care sys- control a State, local educational agency, el- ‘‘(31) OUT-OF-SCHOOL YOUTH.—The term tem’’; igible agency, eligible recipient, eligible en- ‘out-of-school youth’ has the meaning given (B) in subparagraph (E), by striking ‘‘and’’ tity, or school’s specific instructional con- the term in section 3 of the Workforce Inno- at the end; tent, academic standards and assessments, vation and Opportunity Act (29 U.S.C. (C) in subparagraph (F), by striking ‘‘indi- curricula, or program of instruction (includ- 3102).’’; viduals with limited English proficiency.’’ ing any requirement, direction, or mandate (17) by inserting after paragraph (32) (as so and inserting ‘‘English learners;’’; and to adopt the Common Core State Standards redesignated by paragraph (2)) the following: (D) by adding at the end the following: developed under the Common Core State ‘‘(33) PARAPROFESSIONAL.—The term ‘para- ‘‘(G) homeless individuals described in sec- Standards Initiative, any other academic professional’ has the meaning given the term tion 725 of the McKinney-Vento Homeless standards common to a significant number in section 8101 of the Elementary and Sec- Assistance Act (42 U.S.C. 11434a); and of States, or any assessment, instructional ondary Education Act of 1965 (20 U.S.C. 7801). ‘‘(H) youth with a parent who— content, or curriculum aligned to such ‘‘(34) PAY FOR SUCCESS INITIATIVE.—The ‘‘(i) is a member of the armed forces (as standards); and term ‘pay for success initiative’ has the such term is defined in section 101(a)(4) of ‘‘(3) except as required under sections meaning given the term in section 8101 of the title 10, United States Code); and 112(b), 211(b), and 223—

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A13SE7.015 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5368 CONGRESSIONAL RECORD — HOUSE September 13, 2016 ‘‘(A) to mandate, direct, or control the al- SEC. 112. ACCOUNTABILITY. ‘‘(iii) The percentage of CTE concentrators location of State or local resources; or Section 113 (20 U.S.C. 2323) is amended— who receive a recognized postsecondary cre- ‘‘(B) to mandate that a State or a political (1) in subsection (a), by striking ‘‘com- dential during participation in or within 1 subdivision of a State spend any funds or prised of the activities’’ and inserting ‘‘com- year of program completion. incur any costs not paid for under this Act.’’; prising the activities’’; ‘‘(iv) The percentage of CTE concentrators and (2) in subsection (b)— in career and technical education programs (2) by striking subsection (d) and redesig- (A) in paragraph (1), by striking subpara- and programs of study that lead to nontradi- nating subsection (e) as subsection (d). graph (B) and redesignating subparagraph (C) tional fields. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. as subparagraph (B); ‘‘(C) ALIGNMENT OF PERFORMANCE INDICA- Section 9 (20 U.S.C. 2307) is amended to (B) in paragraph (1)(B), as so redesignated, TORS.—In developing core indicators of per- read as follows: by striking ‘‘, and State levels of perform- formance under subparagraphs (A) and (B), ance described in paragraph (3)(B) for each ‘‘SEC. 9. AUTHORIZATION OF APPROPRIATIONS. an eligible agency shall, to the greatest ex- additional indicator of performance’’; and tent possible, align the indicators so that ‘‘There are to be authorized to be appro- (C) by striking paragraph (2) and inserting priated to carry out this Act (other than sec- substantially similar information gathered the following: for other State and Federal programs, or for tions 114 and 117)— ‘‘(2) INDICATORS OF PERFORMANCE.— any other purpose, may be used to meet the ‘‘(1) $1,133,002,074 for fiscal year 2017; ‘‘(A) CORE INDICATORS OF PERFORMANCE FOR requirements of this section.’’; ‘‘(2) $1,148,618,465 for fiscal year 2018; CTE CONCENTRATORS AT THE SECONDARY (D) in paragraph (3)— ‘‘(3) $1,164,450,099 for fiscal year 2019; LEVEL.—Each eligible agency shall identify (i) by amending subparagraph (A) to read ‘‘(4) $1,180,499,945 for fiscal year 2020; in the State plan core indicators of perform- ‘‘(5) $1,196,771,008 for fiscal year 2021; and ance for CTE concentrators at the secondary as follows: ‘‘(6) $1,213,266,339 for fiscal year 2022.’’. level that are valid and reliable, and that in- ‘‘(A) STATE ADJUSTED LEVELS OF PERFORM- TITLE I—CAREER AND TECHNICAL clude, at a minimum, measures of each of ANCE FOR CORE INDICATORS OF PERFORM- EDUCATION ASSISTANCE TO THE STATES the following: ANCE.— ‘‘(i) IN GENERAL.—Each eligible agency, PART A—ALLOTMENT AND ALLOCATION ‘‘(i) The percentage of CTE concentrators who graduate high school, as measured by— with input from eligible recipients, shall es- SEC. 110. RESERVATIONS AND STATE ALLOT- ‘‘(I) the four-year adjusted cohort gradua- tablish and identify in the State plan sub- MENT. tion rate (defined in section 8101 of the Ele- mitted under section 122, for the first 2 pro- Paragraph (5) of section 111(a) (20 U.S.C. mentary and Secondary Education Act of gram years covered by the State plan, levels 2321(a)) is amended— 1965 (20 U.S.C. 7801)); and of performance for each of the core indica- (1) in subparagraph (A), by striking ‘‘No ‘‘(II) at the State’s discretion, the ex- tors of performance described in subpara- State’’ and inserting ‘‘For each of fiscal tended-year adjusted cohort graduation rate graphs (A) and (B) of paragraph (2) for career years 2017, 2018, and 2019, no State’’; defined in such section 8101 (20 U.S.C. 7801). and technical education activities author- (2) by redesignating subparagraph (B) as ‘‘(ii) CTE concentrator attainment of chal- ized under this title. The levels of perform- subparagraph (C); lenging State academic standards adopted by ance established under this subparagraph (3) by inserting after subparagraph (A), as the State under section 1111(b)(1) of the Ele- shall, at a minimum— amended by paragraph (1), the following: mentary and Secondary Education Act of ‘‘(I) be expressed in a percentage or numer- ‘‘(B) FISCAL YEAR 2020 AND EACH SUCCEEDING 1965 (20 U.S.C. 6311(b)(1)), and measured by ical form, so as to be objective, quantifiable, FISCAL YEAR.—For fiscal year 2020 and each the academic assessments described in sec- and measurable; and of the succeeding fiscal years, no State shall tion 1111(b)(2) of such Act (20 U.S.C. ‘‘(II) be sufficiently ambitious to allow for receive an allotment under this section for a 6311(b)(2)). meaningful evaluation of program quality. fiscal year that is less than 90 percent of the ‘‘(iii) The percentage of CTE concentrators ‘‘(ii) STATE ADJUSTED LEVELS OF PERFORM- allotment the State received under this sec- who, in the second quarter following the pro- ANCE FOR SUBSEQUENT YEARS.—Prior to the tion for the preceding fiscal year.’’; and gram year after exiting from secondary edu- third program year covered by the State (4) in subparagraph (C), as redesignated by cation, are in postsecondary education or ad- plan, each eligible agency shall revise the paragraph (2), by striking ‘‘subparagraph vanced training, military service, or unsub- State levels of performance for each of the (A)’’ and inserting ‘‘subparagraph (A) or sidized employment. core indicators of performance for the subse- (B)’’. ‘‘(iv) Not less than one indicator of career quent program years covered by the State SEC. 111. WITHIN STATE ALLOCATION. and technical education program quality plan, taking into account the extent to Section 112 (20 U.S.C. 2322) is amended— that— which such levels of performance promote (1) in subsection (a)— ‘‘(I) shall include, not less than one of the meaningful program improvement on such (A) in paragraph (1), by striking ‘‘10 per- following— indicators. The State adjusted levels of per- cent’’ and inserting ‘‘15 percent’’; ‘‘(aa) the percentage of CTE concentrators formance identified under this clause shall (B) in paragraph (2)— graduating from high school having attained be considered to be the State adjusted levels (i) in subparagraph (A)— recognized postsecondary credentials; of performance for the State for such years (I) by striking ‘‘1 percent’’ and inserting ‘‘2 ‘‘(bb) the percentage of CTE concentrators and shall be incorporated into the State percent’’; and graduating from high school having attained plan. (II) by striking ‘‘State correctional institu- postsecondary credits in the relevant career ‘‘(iii) REPORTING.—The eligible agency tions and institutions’’ and inserting ‘‘State and technical educational program or pro- shall, for each year described in clauses (i) correctional institutions, juvenile justice fa- gram of study earned through dual and con- and (iii), publicly report and widely dissemi- cilities, and educational institutions’’; and current enrollment or another credit trans- nate the State levels of performance de- (ii) in subparagraph (B), by striking ‘‘avail- fer agreement; or scribed in this subparagraph. able for services’’ and inserting ‘‘available to ‘‘(cc) the percentage of CTE concentrators ‘‘(iv) REVISIONS.—If unanticipated cir- assist eligible recipients in providing serv- graduating from high school having partici- cumstances arise in a State, the eligible ices’’; and pated in work-based learning; and agency may revise the State adjusted levels (C) in paragraph (3)(B), by striking ‘‘a local ‘‘(II) may include any other measure of of performance required under this subpara- plan;’’ and inserting ‘‘local applications;’’; student success in career and technical edu- graph, and submit such revised levels of per- and cation that is statewide, valid, and reliable. formance with evidence supporting the revi- (2) in subsection (c), by striking ‘‘section ‘‘(v) The percentage of CTE concentrators sion and demonstrating public consultation, 135’’ and all that follows through the end and in career and technical education programs in a manner consistent with the process de- inserting ‘‘section 135— and programs of study that lead to nontradi- scribed in subsections (d) and (f) of section ‘‘(1) in— tional fields. 122.’’; and ‘‘(A) rural areas; ‘‘(B) CORE INDICATORS OF PERFORMANCE FOR (ii) by striking subparagraph (B) and in- ‘‘(B) areas with high percentages of CTE CTE CONCENTRATORS AT THE POSTSECONDARY serting the following: concentrators or CTE participants; and LEVEL.—Each eligible agency shall identify ‘‘(B) ACTUAL LEVELS OF PERFORMANCE.—At ‘‘(C) areas with high numbers of CTE con- in the State plan core indicators of perform- the end of each program year, the eligible centrators or CTE participants; and ance for CTE concentrators at the postsec- agency shall determine actual levels of per- ‘‘(2) in order to— ondary level that are valid and reliable, and formance on each of the core indicators of ‘‘(A) foster innovation through the identi- that include, at a minimum, measures of performance and publicly report and widely fication and promotion of promising and each of the following: disseminate the actual levels of performance proven career and technical education pro- ‘‘(i) The percentage of CTE concentrators, described in this subparagraph.’’; and grams, practices, and strategies, which may who, during the second quarter after pro- (E) in paragraph (4)— include practices and strategies that prepare gram completion, are in education or train- (i) in subparagraph (A)— individuals for nontraditional fields; or ing activities, advanced training, or unsub- (I) in clause (i)(I), by striking ‘‘consistent ‘‘(B) promote the development, implemen- sidized employment. with the State levels of performance estab- tation, and adoption of programs of study or ‘‘(ii) The median earnings of CTE con- lished under paragraph (3), so as’’ and insert- career pathways aligned with State-identi- centrators in unsubsidized employment two ing ‘‘consistent with the form expressed in fied in-demand occupations or industries.’’. quarters after program completion. the State levels, so as’’;

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A13SE7.015 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5369 (II) by striking clause (i)(II) and inserting (3) in subsection (c)— 1965 or a State-defined alternative diploma the following: (A) in paragraph (1)— described in section 8101(25)(A)(ii)(I)(bb) of ‘‘(II) be sufficiently ambitious to allow for (i) by striking ‘‘may’’ and inserting such Act (20 U.S.C. 7801(25)(A)(ii)(I)(bb))); meaningful evaluation of program quality.’’; ‘‘shall’’; ‘‘(ii) the extent to which career and tech- (III) in clause (iv)— (ii) by striking ‘‘, directly or through nical education programs and programs of (aa) by striking ‘‘third and fifth program grants, contracts, or cooperative agree- study prepare students, including special years’’ and inserting ‘‘third program year’’; ments,’’ and inserting ‘‘directly or through populations, for subsequent employment in and grants’’; and high-skill, high-wage occupations (including (bb) by striking ‘‘corresponding’’ before (iii) by striking ‘‘and assessment’’; and those in which mathematics and science, ‘‘subsequent program years’’; (B) in paragraph (2)— which may include computer science, skills (IV) in clause (v)— (i) in subparagraph (B), by inserting ‘‘, act- are critical), or for participation in postsec- (aa) by striking ‘‘and’’ at the end of sub- ing through the Director of the Institute for ondary education; clause (I); Education Sciences,’’ after ‘‘describe how the ‘‘(iii) employer involvement in, benefit (bb) by redesignating subclause (II) as sub- Secretary’’; and from, and satisfaction with, career and tech- clause (III); (ii) in subparagraph (C), by inserting ‘‘, in nical education programs and programs of (cc) by inserting after subclause (I) the fol- consultation with the Director of the Insti- study and career and technical education lowing: tute for Education Sciences,’’ after ‘‘the Sec- students’ preparation for employment; ‘‘(II) local economic conditions;’’; retary’’; ‘‘(iv) efforts to expand access to career and (dd) in subclause (III), as so redesignated, (4) in subsection (d)— technical education programs of study for all by striking ‘‘promote continuous improve- (A) in paragraph (1)— students; ment on the core indicators of performance (i) in subparagraph (A)— ‘‘(v) innovative approaches to work-based by the eligible recipient.’’ and inserting ‘‘ad- (I) by inserting ‘‘, acting through the Di- learning programs that increase participa- vance the eligible recipient’s accomplish- rector of the Institute for Education tion and alignment with employment in ments of the goals set forth in the local ap- Sciences,’’ after ‘‘The Secretary’’; high-growth industries, including in rural plication; and’’; and (II) by inserting ‘‘and the plan developed and low-income areas; (ee) by adding at the end the following: under subsection (c)’’ after ‘‘described in ‘‘(vi) the impact of the amendments to this ‘‘(IV) the eligible recipient’s ability and paragraph (2)’’; and Act made under the Strengthening Career capacity to collect and access valid, reliable, (III) by striking ‘‘assessment’’ each place and Technical Education for the 21st Cen- and cost effective data.’’; such term appears and inserting ‘‘evalua- tury Act, including comparisons, where ap- (V) in clause (vi), by inserting ‘‘or changes tion’’; and propriate, of— occur related to improvements in data or (ii) in subparagraph (B)— ‘‘(I) the use of the comprehensive needs as- measurement approaches,’’ after ‘‘factors de- (I) in clause (v), by striking ‘‘; and’’ and in- sessment under section 134(b); scribed in clause (v),’’; and serting a semicolon; ‘‘(II) the implementation of programs of (VI) by adding at the end the following: (II) in clause (vi), by striking the period at study; and ‘‘(vii) REPORTING.—The eligible recipient the end and inserting ‘‘, which may include ‘‘(III) coordination of planning and pro- shall, for each year described in clauses (iii) individuals with expertise in addressing in- gram delivery with other relevant laws, in- and (iv), publicly report the local levels of equities in access to, and in opportunities for cluding the Workforce Innovation and Oppor- performance described in this subpara- academic and technical skill attainment; tunity Act (29 U.S.C. 3101 et seq.) and the El- graph.’’; and’’; and ementary and Secondary Education Act of (ii) by striking subparagraph (B) and redes- (III) by adding at the end the following: 1965 (20 U.S.C. 6301 et seq.); ignating subparagraph (C) as subparagraph ‘‘(vii) representatives of special popu- ‘‘(vii) changes in career and technical edu- (B); and lations.’’; cation program accountability as described (iii) in clause (ii)(I) of subparagraph (B), as (B) in paragraph (2)— in section 113 and any effects of such changes so redesignated— (i) in the heading, by striking ‘‘AND AS- on program delivery and program quality; (I) by striking ‘‘section 1111(h)(1)(C)(i)’’ and SESSMENT’’; and inserting ‘‘section 1111(h)(1)(C)(ii)’’; and (ii) in subparagraph (A)— ‘‘(viii) changes in student enrollment pat- (II) by striking ‘‘section 3(29)’’ and insert- (I) by inserting ‘‘, acting through the Di- terns.’’; and ing ‘‘section 3(40)’’; and rector of the Institute for Education (iv) in subparagraph (C)— (3) in subsection (c)— Sciences,’’ after ‘‘the Secretary’’; (I) in clause (i)— (A) in the heading, by inserting ‘‘STATE’’ (II) by striking ‘‘an independent evaluation (aa) by inserting ‘‘, in consultation with before ‘‘REPORT’’; and assessment’’ and inserting ‘‘a series of the Director of the Institute for Education (B) in paragraph (1)(B), by striking ‘‘infor- research and evaluation initiatives for each Sciences,’’ after ‘‘The Secretary’’; mation on the levels of performance year for which funds are appropriated to (bb) in subclause (I)— achieved by the State with respect to the ad- carry out this Act, which are aligned with (AA) by striking ‘‘assessment’’ and insert- ditional indicators of performance, including the plan in subsection (c)(2),’’; ing ‘‘evaluation and summary of research ac- the’’ and inserting ‘‘the’’; and (III) by striking ‘‘Carl D. Perkins Career tivities carried out under this section’’; and (C) in paragraph (2)(A)— and Technical Education Improvement Act (BB) by striking ‘‘2010’’ and inserting (i) by striking ‘‘categories’’ and inserting of 2006’’ and ‘‘Strengthening Career and ‘‘2021’’; and ‘‘subgroups’’; Technical Education for the 21st Century (cc) in subclause (II)— (ii) by striking ‘‘section 1111(h)(1)(C)(i)’’ Act’’; (AA) by striking ‘‘assessment’’ and insert- and inserting ‘‘section 1111(h)(1)(C)(ii)’’; and (IV) by striking ‘‘, contracts, and coopera- ing ‘‘evaluation and summary of research ac- (iii) by striking ‘‘section 3(29)’’ and insert- tive agreements that are’’ and inserting ‘‘to tivities carried out under this section’’; and ing ‘‘section 3(40)’’. institutions of higher education or a con- (BB) by striking ‘‘2011’’ and inserting SEC. 113. NATIONAL ACTIVITIES. sortia of one or more institutions of higher ‘‘2023’’; and Section 114 (20 U.S.C. 2324) is amended— education and one or more private nonprofit (II) by adding after clause (ii) the fol- (1) in subsection (a)— organizations or agencies’’; and lowing: (A) in paragraph (1)— (V) by adding at the end the following: ‘‘(iii) DISSEMINATION.—In addition to sub- (i) by striking ‘‘The Secretary shall’’ the ‘‘Such evaluation shall, whenever possible, mitting the reports required under clause (i), first place it appears and inserting ‘‘The Sec- use the most recent data available.’’; and the Secretary shall disseminate the results retary shall, in consultation with the Direc- (iii) by amending subparagraph (B) to read of the evaluation widely and on a timely tor of the Institute for Education Sciences,’’; as follows: basis in order to increase the understanding and ‘‘(B) CONTENTS.—The evaluation required among State and local officials and edu- (ii) by inserting ‘‘from eligible agencies under subparagraph (A) shall include descrip- cators of the effectiveness of programs and under section 113(c)’’ after ‘‘pursuant to this tions and evaluations of— activities supported under the Act and of the title’’; and ‘‘(i) the extent and success of the integra- career and technical education programs (B) by striking paragraph (3); tion of challenging State academic standards that are most likely to produce positive edu- (2) by amending subsection (b) to read as adopted under 1111(b)(1) of the Elementary cational and employment outcomes.’’; and follows: and Secondary Education Act of 1965 (20 (C) by striking paragraphs (3), (4), and (5) ‘‘(b) REASONABLE COST.—The Secretary U.S.C. 6311(b)(1)) and career and technical and inserting the following: shall take such action as may be necessary education for students participating in ca- ‘‘(3) INNOVATION.— to secure at reasonable cost the information reer and technical education programs, in- ‘‘(A) GRANT PROGRAM.—To identify and required by this title. To ensure reasonable cluding a review of the effect of such integra- support innovative strategies and activities cost, the Secretary, in consultation with the tion on the academic and technical pro- to improve career and technical education National Center for Education Statistics and ficiency achievement of such students (in- and align workforce skills with labor market the Office of Career, Technical, and Adult cluding the number of such students that re- needs as part of the plan developed under Education shall determine the methodology ceive a regular high school diploma, as such subsection (c) and the requirements of this to be used and the frequency with which such term is defined under section 8101 of the Ele- subsection, the Secretary may award grants information is to be collected.’’; mentary and Secondary Education Act of to eligible entities to—

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A13SE7.015 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5370 CONGRESSIONAL RECORD — HOUSE September 13, 2016 ‘‘(i) create, develop, implement, or take to ‘‘(i) improve career and technical edu- SEC. 115. TRIBALLY CONTROLLED POSTSEC- scale evidence-based, field initiated innova- cation outcomes of students served by eligi- ONDARY CAREER AND TECHNICAL tions, including through a pay for success ble entities under this title; INSTITUTIONS. Section 117(i) (20 U.S.C. 2327(i)) is amended initiative to improve student outcomes in ‘‘(ii) improve career and technical edu- to read as follows: career and technical education; and cation teacher effectiveness; ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(iii) improve the transition of students ‘‘(ii) rigorously evaluate such innovations. There are authorized to be appropriated to from secondary education to postsecondary ‘‘(B) MATCHING FUNDS.— carry out this section— ‘‘(i) MATCHING FUNDS REQUIRED.—Except as education or employment; ‘‘(1) $8,400,208 for fiscal year 2017; provided under clause (ii), to receive a grant ‘‘(iv) improve the incorporation of com- ‘‘(2) $8,515,989 for fiscal year 2018; under this paragraph, an eligible entity prehensive work-based learning into career ‘‘(3) $8,633,367 for fiscal year 2019; shall, through cash or in-kind contributions, and technical education; ‘‘(4) $8,752,362 for fiscal year 2020; provide matching funds from public or pri- ‘‘(v) increase the effective use of tech- ‘‘(5) $8,872,998 for fiscal year 2021; and vate sources in an amount equal to at least nology within career and technical education ‘‘(6) $8,995,296 for fiscal year 2022.’’. programs; 50 percent of the funds provided under such SEC. 116. OCCUPATIONAL AND EMPLOYMENT IN- grant. ‘‘(vi) support new models for integrating FORMATION. academic content and career and technical ‘‘(ii) EXCEPTION.—The Secretary may waive Section 118 (20 U.S.C. 2328) is repealed. education content in such programs; the matching fund requirement under clause PART B—STATE PROVISIONS ‘‘(vii) support the development and en- (i) if the eligible entity demonstrates excep- SEC. 121. STATE PLAN. tional circumstances. hancement of innovative delivery models for career and technical education; Section 122 (20 U.S.C. 2342) is amended— ‘‘(C) APPLICATION.—To receive a grant (1) in subsection (a)— under this paragraph, an eligible entity shall ‘‘(viii) work with industry to design and implement courses or programs of study (A) in paragraph (1)— submit to the Secretary at such a time as aligned to labor market needs in new or (i) by striking ‘‘6-year period’’ and insert- the Secretary may require, an application ing ‘‘4-year period’’; and emerging fields; that— (ii) by striking ‘‘Carl D. Perkins Career ‘‘(ix) integrate science, technology, engi- ‘‘(i) identifies and designates the agency, and Technical Education Improvement Act neering, and mathematics fields, including institution, or school responsible for the ad- of 2006’’ and inserting ‘‘Strengthening Career computer science education, with career and ministration and supervision of the program and Technical Education for the 21st Cen- technical education; assisted under this paragraph; tury Act’’; ‘‘(x) support innovative approaches to ca- ‘‘(ii) identifies the source and amount of (B) in paragraph (2)(B), by striking ‘‘6-year reer and technical education by redesigning the matching funds required under subpara- period’’ and inserting ‘‘4-year period’’; and the high school experience for students, graph (B)(i); (C) in paragraph (3), by striking ‘‘(includ- which may include evidence-based transi- ing charter school’’ and all that follows ‘‘(iii) describes how the eligible entity will tional support strategies for students who through ‘‘and community organizations)’’ use the grant funds, including how such have not met postsecondary education eligi- and inserting ‘‘(including teachers, special- funds will directly benefit students, includ- bility requirements; ized instructional support personnel, para- ing special populations, served by the eligi- ‘‘(xi) improve CTE concentrator employ- professionals, school leaders, authorized pub- ble entity; ment outcomes in nontraditional fields; or lic chartering agencies, and charter school ‘‘(iv) describes how the program assisted ‘‘(xii) support the use of career and tech- leaders, consistent with State law, employ- under this paragraph will be coordinated nical education programs and programs of ers, labor organizations, parents, students, with the activities carried out under section study in a coordinated strategy to address and community organizations)’’; and 124 or 135; identified employer needs and workforce (2) by amending subsections (b), (c), (d), ‘‘(v) describes how the program assisted shortages, such as shortages in the early and (e) to read as follows: under this paragraph aligns with the single childhood, elementary school, and secondary plan described in subsection (c); and ‘‘(b) OPTIONS FOR SUBMISSION OF STATE school education workforce. PLAN.— ‘‘(vi) describes how the program assisted ‘‘(G) EVALUATION.—Each eligible entity re- under this paragraph will be evaluated and ‘‘(1) COMBINED PLAN.—The eligible agency ceiving a grant under this paragraph shall may submit a combined plan that meets the how that evaluation may inform the report provide for an independent evaluation of the described in subsection (d)(2)(C). requirements of this section and the require- activities carried out using such grant and ments of section 103 of the Workforce Inno- ‘‘(D) PRIORITY.—In awarding grants under submit to the Secretary an annual report this paragraph, the Secretary shall give pri- vation and Opportunity Act (29 U.S.C. 3113), that includes— unless the eligible agency opts to submit a ority to applications from eligible entities ‘‘(i) a description of how funds received single plan under paragraph (2) and informs that will predominantly serve students from under this paragraph were used; the Secretary of such decision. low-income families. ‘‘(ii) the performance of the eligible entity ‘‘(2) SINGLE PLAN.—If the eligible agency ‘‘(E) GEOGRAPHIC DIVERSITY.— with respect to, at a minimum, the perform- elects not to submit a combined plan as de- ‘‘(i) IN GENERAL.—In awarding grants under ance indicators described under section 113, scribed in paragraph (1), such eligible agency this paragraph, the Secretary shall award no as applicable, and disaggregated by— shall submit a single State plan. less than 25 percent of the total available ‘‘(I) subgroups of students described in sec- ‘‘(c) PLAN DEVELOPMENT.— funds for any fiscal year to eligible entities tion 1111(c)(2)(B) of the Elementary and Sec- ‘‘(1) IN GENERAL.—The eligible agency proposing to fund career and technical edu- ondary Education Act of 1965 (20 U.S.C. shall— cation activities that serve— 6311(c)(2)(B)); ‘‘(A) develop the State plan in consultation ‘‘(I) a local educational agency with an ‘‘(II) special populations; and with— urban-centric district locale code of 32, 33, 41, ‘‘(III) as appropriate, each career and tech- ‘‘(i) representatives of secondary and post- 42, or 43, as determined by the Secretary; nical education program and program of secondary career and technical education ‘‘(II) an institution of higher education pri- study; and programs, including eligible recipients and marily serving the one or more areas served ‘‘(iii) a quantitative analysis of the effec- representatives of two-year Minority-Serv- by such a local educational agency; tiveness of the project carried out under this ing Institutions and Historically Black Col- ‘‘(III) a consortium of such local edu- paragraph.’’; and leges and Universities in States where such cational agencies or such institutions of (5) by striking subsection (e) and inserting institutions are in existence, and charter higher education; the following: school representatives in States where such ‘‘(IV) a partnership between— ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— schools are in existence, which shall include ‘‘(aa) an educational service agency or a There are authorized to be appropriated to teachers, school leaders, specialized instruc- nonprofit organization; and carry out this section— tional support personnel (including guidance ‘‘(bb) such a local educational agency or ‘‘(1) $7,523,285 for fiscal year 2017; counselors), and paraprofessionals; such an institution of higher education; or ‘‘(2) $7,626,980 for fiscal year 2018; ‘‘(ii) interested community representa- ‘‘(V) a partnership between— ‘‘(3) $7,732,104 for fiscal year 2019; tives, including parents and students; ‘‘(aa) a grant recipient described in sub- ‘‘(4) $7,838,677 for fiscal year 2020; ‘‘(iii) the State workforce development clause (I) or (II); and ‘‘(5) $7,946,719 for fiscal year 2021; and board described in section 101 of the Work- ‘‘(bb) a State educational agency. ‘‘(6) $8,056,251 for fiscal year 2022.’’. force Innovation and Opportunity Act (29 ‘‘(ii) EXCEPTION.—Notwithstanding clause SEC. 114. ASSISTANCE FOR THE OUTLYING U.S.C. 3111); (i), the Secretary shall reduce the amount of AREAS. ‘‘(iv) representatives of special popu- funds made available under such clause if the Section 115 (20 U.S.C. 2325) is amended— lations; Secretary does not receive a sufficient num- (1) in subsection (a)(3), by striking ‘‘subject ‘‘(v) representatives of business and indus- ber of applications of sufficient quality. to subsection (d)’’ and inserting ‘‘subject to try (including representatives of small busi- ‘‘(F) USES OF FUNDS.—An eligible entity subsection (b)’’; ness), which shall include representatives of that is awarded a grant under this paragraph (2) by striking subsections (b) and (c); and industry and sector partnerships in the shall use the grant funds, in a manner con- (3) by redesignating subsection (d) as sub- State, as appropriate, and representatives of sistent with subparagraph (A)(i), to— section (b). labor organizations in the State;

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A13SE7.015 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5371 ‘‘(vi) representatives of agencies serving eligible recipients for funds under this Act, close gaps in student participation and per- out-of-school youth, homeless children and including how— formance in career and technical education youth, and at-risk youth; and ‘‘(A) each eligible recipient will promote programs. ‘‘(vii) representatives of Indian tribes lo- academic achievement; ‘‘(e) CONSULTATION.— cated in the State; and ‘‘(B) each eligible recipient will promote ‘‘(1) IN GENERAL.—The eligible agency shall ‘‘(B) consult the Governor of the State, and skill attainment, including skill attainment develop the portion of each State plan relat- the heads of other State agencies with au- that leads to a recognized postsecondary cre- ing to the amount and uses of any funds pro- thority for career and technical education dential; and posed to be reserved for adult career and programs that are not the eligible agency, ‘‘(C) each eligible recipient will ensure the technical education, postsecondary career with respect to the development of the State local needs assessment under section 134 and technical education, and secondary ca- plan. takes into consideration local economic and reer and technical education after consulta- ‘‘(2) ACTIVITIES AND PROCEDURES.—The eli- education needs, including where appro- tion with the— gible agency shall develop effective activi- priate, in-demand industry sectors and occu- ‘‘(A) State agency responsible for super- ties and procedures, including access to in- pations; vision of community colleges, technical in- formation needed to use such procedures, to ‘‘(6) a description of how the eligible agen- stitutes, or other 2-year postsecondary insti- allow the individuals and entities described cy will support the recruitment and prepara- tutions primarily engaged in providing post- in paragraph (1) to participate in State and tion of teachers, including special education secondary career and technical education; local decisions that relate to development of teachers, faculty, administrators, specialized ‘‘(B) the State agency responsible for sec- the State plan. instructional support personnel, and para- ondary education; and ‘‘(d) PLAN CONTENTS.—The State plan shall professionals to provide career and technical ‘‘(C) the State agency responsible for adult include— education instruction, leadership, and sup- education. ‘‘(1) a summary of State-supported work- port; ‘‘(2) OBJECTIONS OF STATE AGENCIES.—If a force development activities (including edu- ‘‘(7) a description of how the eligible agen- State agency other than the eligible agency cation and training) in the State, including cy will use State leadership funding to meet finds that a portion of the final State plan is the degree to which the State’s career and the requirements of section 124(b); objectionable, that objection shall be filed technical education programs and programs ‘‘(8) a description of how funds received by together with the State plan. The eligible of study are aligned with such activities; the eligible agency through the allotment agency shall respond to any objections of ‘‘(2) the State’s strategic vision and set of made under section 111 will be distributed— such State agency in the State plan sub- goals for preparing an educated and skilled ‘‘(A) among career and technical education mitted to the Secretary. workforce (including special populations) at the secondary level, or career and tech- ‘‘(f) PLAN APPROVAL.— and for meeting the skilled workforce needs nical education at the postsecondary and ‘‘(1) IN GENERAL.—The Secretary shall ap- of employers, including in-demand industry adult level, or both, including how such dis- prove a State plan, or a revision to an ap- sectors and occupations as identified by the tribution will most effectively provide stu- proved State plan, unless the Secretary de- State, and how the State’s career and tech- dents with the skills needed to succeed in termines that the State plan, or revision, re- nical education programs will help to meet the workplace; and spectively, does not meet the requirements these goals; ‘‘(B) among any consortia that may be of this Act. ‘‘(3) a summary of the strategic planning formed among secondary schools and eligible ‘‘(2) DISAPPROVAL.—The Secretary shall— elements of the unified State plan required institutions, and how funds will be distrib- ‘‘(A) have the authority to disapprove a under section 102(b)(1) of the Workforce Inno- uted among the members of the consortia, State plan only if the Secretary— vation and Opportunity Act (29 U.S.C. including the rationale for such distribution ‘‘(i) determines how the State plan fails to 3112(b)(1)), including the elements related to and how it will most effectively provide stu- meet the requirements of this Act; and system alignment under section 102(b)(2)(B) dents with the skills needed to succeed in ‘‘(ii) immediately provides to the State, in of such Act (29 U.S.C. 3112(b)(2)(B)); the workplace; writing, notice of such determination and ‘‘(4) a description of the career and tech- ‘‘(9) a description of the procedure the eli- the supporting information and rationale to nical education programs or programs of gible agency will adopt for determining substantiate such determination; and study that will be supported, developed, or State adjusted levels of performance de- ‘‘(B) not finally disapprove a State plan, improved, including descriptions of— scribed in section 113, which at a minimum except after making the determination and ‘‘(A) the programs of study to be developed shall include— providing the information described in sub- at the State level and made available for ‘‘(A) consultation with stakeholders identi- paragraph (A) and giving the eligible agency adoption by eligible recipients; fied in paragraph (1); notice and an opportunity for a hearing. ‘‘(B) the process and criteria to be used for ‘‘(B) opportunities for the public to com- ‘‘(3) TIMEFRAME.—A State plan shall be approving locally developed programs of ment in person and in writing on the State deemed approved by the Secretary if the Sec- study or career pathways, including how adjusted levels of performance included in retary has not responded to the eligible such programs address State workforce de- the State plan; and agency regarding the State plan within 90 velopment and education needs; and ‘‘(C) submission of public comment on days of the date the Secretary receives the ‘‘(C) how the eligible agency will— State adjusted levels of performance as part State plan.’’. ‘‘(i) make information on approved pro- of the State plan; and SEC. 122. IMPROVEMENT PLANS. grams of study and career pathways, includ- ‘‘(10) assurances that— Section 123 (20 U.S.C. 2343) is amended— ing career exploration, work-based learning ‘‘(A) the eligible agency will comply with (1) in subsection (a)— opportunities, guidance and advisement re- the requirements of this Act and the provi- (A) in paragraph (1)— sources, available to students and parents; sions of the State plan, including the provi- (i) by striking ‘‘percent of an agreed upon’’ ‘‘(ii) ensure nonduplication of eligible re- sion of a financial audit of funds received and inserting ‘‘percent of the’’; and cipients’ development of programs of study under this Act, which may be included as (ii) by striking ‘‘appropriate agencies,’’ and and career pathways; part of an audit of other Federal or State inserting ‘‘appropriate State agencies,’’; ‘‘(iii) determine alignment of eligible re- programs; (B) in paragraph (2)— cipients’ programs of study to the State, re- ‘‘(B) none of the funds expended under this (i) by inserting ‘‘including after implemen- gional or local economy, including in-de- Act will be used to acquire equipment (in- tation of the improvement plan described in mand fields and occupations identified by cluding computer software) in any instance paragraph (1),’’ after ‘‘purposes of this Act,’’; the State workforce development board as in which such acquisition results in a direct and appropriate; financial benefit to any organization rep- (ii) by striking ‘‘Act’’ and inserting ‘‘sub- ‘‘(iv) provide equal access to activities as- resenting the interests of the acquiring enti- section’’; sisted under this Act for special populations; ty or the employees of the acquiring entity, (C) in paragraph (3)— ‘‘(v) coordinate with the State workforce or any affiliate of such an organization; (i) by amending subparagraph (A) to read board to support the local development of ca- ‘‘(C) the eligible agency will use the funds as follows: reer pathways and articulate processes by to promote preparation for high-skill, high- ‘‘(A) IN GENERAL.—If the eligible agency which career pathways will be developed by wage, or in-demand occupations and non- fails to make any improvement in meeting local workforce development boards; traditional fields, as identified by the State; any of the State adjusted levels of perform- ‘‘(vi) use State, regional, or local labor ‘‘(D) the eligible agency will use the funds ance for any of the core indicators of per- market data to align career and technical provided under this Act to implement career formance identified under paragraph (1) dur- education with State labor market needs; and technical education programs and pro- ing the first 2 years of implementation of the ‘‘(vii) support effective and meaningful col- grams of study for individuals in State cor- improvement plan required under paragraph laboration between secondary schools, post- rectional institutions, including juvenile jus- (1), the eligible agency— secondary institutions, and employers; and tice facilities; and ‘‘(i) shall revise such improvement plan to ‘‘(viii) improve outcomes for CTE con- ‘‘(E) the eligible agency will provide local address the reasons for such failure; and centrators, including those who are members educational agencies, area career and tech- ‘‘(ii) shall continue to implement such im- of special populations; nical education schools, and eligible institu- provement plan until the eligible agency ‘‘(5) a description of the criteria and proc- tions in the State with technical assistance, meets at least 90 percent of the State ad- ess for how the eligible agency will approve including technical assistance on how to justed level of performance for the same core

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Stafford Disaster Relief serting ‘‘shall provide technical assistance to ‘‘(7) for faculty and teachers providing ca- and Emergency Assistance Act (42 U.S.C. assist the eligible recipient in meeting its re- reer and technical education instruction, 5191); sponsibilities under section 134.’’; support services, and specialized instruc- ‘‘(7) providing support for dual or concur- (C) in paragraph (4)— rent enrollment programs, such as early col- tional support services, high-quality com- (i) by amending subparagraph (A) to read lege high schools; prehensive professional development that is, as follows: ‘‘(8) improvement of career guidance and to the extent practicable, grounded in evi- ‘‘(A) IN GENERAL.—If the eligible recipient academic counseling programs that assist dence-based research (to the extent a State fails to make any improvement in meeting students in making informed academic and determines that such evidence is reasonably any of the local adjusted levels of perform- career and technical education decisions, in- available) that identifies the most effective ance for any of the core indicators of per- cluding academic and financial aid coun- educator professional development process formance identified under paragraph (2) dur- seling; ing a number of years determined by the eli- and is coordinated and aligned with other ‘‘(9) support for the integration of employ- gible agency, the eligible recipient— professional development activities carried ability skills into career and technical edu- ‘‘(i) shall revise the improvement plan de- out by the State (including under title II of cation programs and programs of study; scribed in paragraph (2) to address the rea- the Elementary and Secondary Education ‘‘(10) support for programs and activities sons for such failure; and Act of 1965 (20 U.S.C. 6601 et seq.) and title II that increase access, student engagement, ‘‘(ii) shall continue to implement such im- of the Higher Education Act of 1965 (20 U.S.C. and success in science, technology, engineer- provement plan until such recipient meets at 1021 et seq.)), including programming that— ing, and mathematics fields (including com- least 90 percent of an agreed upon local ad- ‘‘(A) promotes the integration of the chal- puter science), particularly for students who justed level of performance for the same core lenging State academic standards adopted by are members of groups underrepresented in indicators of performance for which the plan the State under section 1111(b)(1) of the Ele- such subject fields, such as female students, is revised.’’; and mentary and Secondary Education Act of minority students, and students who are (ii) in subparagraph (B)— 1965 (20 U.S.C. 6311(b)(1)) and relevant tech- members of special populations; (I) in the matter preceding clause (i)— nical knowledge and skills; ‘‘(11) support for career and technical stu- (aa) by striking ‘‘In determining whether ‘‘(B) prepares career and technical edu- dent organizations, especially with respect to impose sanctions under subparagraph (A), cation teachers, specialized instructional to efforts to increase the participation of the’’ and inserting ‘‘The’’; and support personnel, and paraprofessionals to students who are members of special popu- (bb) by striking ‘‘waive imposing sanc- provide appropriate accommodations for stu- lations; tions’’ and inserting ‘‘waive the require- dents who are members of special popu- ‘‘(12) support for establishing and expand- ments of subparagraph (A)’’; lations, including through the use of prin- ing work-based learning opportunities; (II) in clause (i), by striking ‘‘or’’ at the ciples of universal design for learning; and ‘‘(13) support for preparing, retaining, and end; ‘‘(C) increases understanding of industry training of career and technical education (III) in clause (ii), by striking the period at standards, as appropriate, for faculty pro- teachers, faculty, specialized instructional the end and inserting ‘‘; or’’; and viding career and technical education in- support personnel, and paraprofessionals, (IV) by adding at the end the following: struction; and such as preservice, professional development, ‘‘(iii) in response to a public request from ‘‘(8) technical assistance for eligible recipi- and leadership development programs; an eligible recipient consistent with clauses ents.’’; and ‘‘(14) integrating and aligning programs of (i) and (ii).’’; and (3) in subsection (c), by striking para- study and career pathways; (D) by striking paragraph (5); and graphs (1) through (17) and inserting the fol- ‘‘(15) supporting the use of career and tech- (3) by adding at the end the following: lowing: nical education programs and programs of ‘‘(c) PLAN DEVELOPMENT.—Except for con- ‘‘(1) awarding incentive grants to eligible study aligned with State, regional, or local sultation described in subsection (b)(2), the recipients— in-demand industry sectors or occupations State and local improvement plans, and the ‘‘(A) for exemplary performance in car- identified by State or local workforce devel- elements of such plans, required under this rying out programs under this Act, which opment boards; section shall be developed solely by the eligi- awards shall be based on— ‘‘(16) making all forms of instructional ble agency or the eligible recipient, respec- ‘‘(i) eligible recipients exceeding the local content widely available, which may include tively.’’. adjusted level of performance established use of open educational resources; SEC. 123. STATE LEADERSHIP ACTIVITIES. under section 113(b)(4)(A) in a manner that ‘‘(17) support for the integration of arts Section 124 (20 U.S.C. 2344) is amended— reflects sustained or significant improve- and design skills, when appropriate, into ca- (1) in subsection (a), by striking ‘‘shall ment; reer and technical education programs and conduct State leadership activities.’’ and in- ‘‘(ii) eligible recipients effectively devel- programs of study; and serting ‘‘shall— oping connections between secondary edu- ‘‘(18) support for accelerated learning pro- ‘‘(1) conduct State leadership activities di- cation and postsecondary education and grams (described in section rectly; and training; 4104(b)(3)(A)(i)(IV) of the Elementary and ‘‘(2) report on the effectiveness of such use ‘‘(iii) the integration of academic and tech- Secondary Education Act of 1965 (20 U.S.C. of funds in achieving the goals described in nical standards; 7114(b)(3)(A)(i)(IV)) when any such program section 122(d)(2) and the State adjusted levels ‘‘(iv) eligible recipients’ progress in closing is part of a program of study.’’. of performance described in section achievement gaps among subpopulations who PART C—LOCAL PROVISIONS 113(b)(3)(A).’’; participate in programs of study; or SEC. 131. LOCAL APPLICATION FOR CAREER AND (2) in subsection (b)— ‘‘(v) other factors relating to the perform- TECHNICAL EDUCATION PROGRAMS. (A) by striking paragraphs (1) through (4) ance of eligible recipients under this Act as Section 134 (20 U.S.C. 2354) is amended— and inserting the following: the eligible agency determines are appro- (1) in the section heading by striking ‘‘(1) developing statewide programs of priate; or ‘‘LOCAL PLAN’’ and inserting ‘‘LOCAL APPLICA- study, which may include standards, cur- ‘‘(B) if an eligible recipient elects to use TION’’; riculum, and course development, and career funds as permitted under section 135(c); (2) in subsection (a)— exploration, guidance, and advisement ac- ‘‘(2) providing support for the adoption and (A) in the heading, by striking ‘‘LOCAL tivities and resources; integration of recognized postsecondary cre- PLAN’’ and inserting ‘‘LOCAL APPLICATION’’; ‘‘(2) approving locally developed programs dentials or for consultation and coordination (B) by striking ‘‘submit a local plan’’ and of study that meet the requirements estab- with other State agencies for the identifica- inserting ‘‘submit a local application’’; and lished in section 122(d)(4)(B); tion, consolidation, or elimination of li- (C) by striking ‘‘Such local plan’’ and in- ‘‘(3) establishing statewide articulation censes or certifications which pose an unnec- serting ‘‘Such local application’’; and agreements aligned to approved programs of essary barrier to entry for aspiring workers (3) by striking subsection (b) and inserting study; and provide limited consumer protection; the following:

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‘‘(b) CONTENTS.—The eligible agency shall ‘‘(F) a description of how the eligible re- nized, systematic framework designed to aid determine the requirements for local appli- cipient will support the transition to teach- students, before enrolling and while partici- cations, except that each local application ing from business and industry. pating in a career and technical education shall contain— ‘‘(d) CONSULTATION.—In conducting the program, in making informed plans and deci- ‘‘(1) a description of the results of the com- comprehensive needs assessment under sub- sions about future education and career op- prehensive needs assessment conducted section (c), an eligible recipient shall involve portunities and programs of study, which under subsection (c); a diverse body of stakeholders, including, at may include— ‘‘(2) information on the programs of study a minimum— ‘‘(A) introductory courses or activities fo- approved by a State under section 124(b)(2) ‘‘(1) representatives of career and technical cused on career exploration and career supported by the eligible recipient with education programs in a local educational awareness; funds under this part, including— agency or educational service agency, in- ‘‘(B) readily available career and labor ‘‘(A) how the results of the comprehensive cluding teachers and administrators; market information, including information needs assessment described in subsection (c) ‘‘(2) representatives of career and technical on— informed the selection of the specific career education programs at postsecondary edu- ‘‘(i) occupational supply and demand; and technical education programs and ac- cational institutions, including faculty and ‘‘(ii) educational requirements; tivities selected to be funded; and administrators; ‘‘(iii) other information on careers aligned ‘‘(B) a description of any new programs of ‘‘(3) representatives of State or local work- to State or local economic priorities; and study the eligible recipient will develop and force development boards and a range of ‘‘(iv) employment sectors; submit to the State for approval; local or regional businesses or industries; ‘‘(C) programs and activities related to the ‘‘(3) a description of how the eligible re- ‘‘(4) parents and students; development of student graduation and ca- cipient will provide— ‘‘(5) representatives of special populations; reer plans; ‘‘(A) career exploration and career develop- and ‘‘(D) career guidance and academic coun- ment coursework, activities, or services; ‘‘(6) representatives of local agencies serv- selors that provide information on postsec- ‘‘(B) career information; and ing out-of-school youth, homeless children ‘‘(C) an organized system of career guid- ondary education and career options; or and youth, and at-risk youth (as defined in ‘‘(E) any other activity that advances ance and academic counseling to students section 1432 of the Elementary and Sec- before enrolling and while participating in a knowledge of career opportunities and as- ondary Education Act of 1965 (20 U.S.C. sists students in making informed decisions career and technical education program; and 6472)). ‘‘(4) a description of how the eligible re- about future education and employment ‘‘(e) CONTINUED CONSULTATION.—An eligible goals; cipient will— recipient receiving financial assistance ‘‘(A) provide activities to prepare special ‘‘(2) provide professional development for under this part shall consult with the enti- teachers, principals, school leaders, adminis- populations for high-skill, high-wage, or in- ties described in subsection (d) on an ongoing demand occupations that will lead to self- trators, faculty, and career and guidance basis to— counselors with respect to content and peda- sufficiency; and ‘‘(1) provide input on annual updates to the ‘‘(B) prepare CTE participants for non- gogy that— comprehensive needs assessment required ‘‘(A) supports individualized academic and traditional fields. under subsection (c); ‘‘(c) COMPREHENSIVE NEEDS ASSESSMENT.— career and technical education instructional ‘‘(2) ensure programs of study are— ‘‘(1) IN GENERAL.—To be eligible to receive approaches, including the integration of aca- ‘‘(A) responsive to community employment financial assistance under this part, an eligi- demic and career and technical education needs; ble recipient shall— standards and curriculum; ‘‘(B) aligned with employment priorities in ‘‘(A) conduct a comprehensive local needs ‘‘(B) ensures labor market information is assessment related to career and technical the State, regional, or local economy identi- used to inform the programs, guidance, and education; and fied by employers and the entities described advisement offered to students; ‘‘(B) not less than once every two years, in subsection (d), which may include in-de- ‘‘(C) provides educators with opportunities update such comprehensive local needs as- mand industry sectors or occupations identi- to advance knowledge, skills, and under- sessment. fied by the local workforce development standing of all aspects of an industry, includ- board; ‘‘(2) REQUIREMENTS.—The comprehensive ing the latest workplace equipment, tech- local needs assessment described under para- ‘‘(C) informed by labor market informa- nologies, standards, and credentials; graph (1) shall include— tion, including information provided under ‘‘(D) supports administrators in managing ‘‘(A) an evaluation of the performance of section 15(e)(2)(C) of the Wagner-Peyser Act career and technical education programs in the students served by the eligible recipient (29 U.S.C. 491–2(e)(2)(C)); the schools, institutions, or local edu- with respect to State and local adjusted lev- ‘‘(D) designed to meet current, inter- cational agencies of such administrators; els of performance established pursuant to mediate, or long-term labor market projec- ‘‘(E) supports the implementation of strat- section 113, including an evaluation of per- tions; and egies to improve student achievement and formance for special populations; ‘‘(E) allow employer input, including input close gaps in student participation and per- ‘‘(B) a description of how career and tech- from industry or sector partnerships in the formance in career and technical education nical education programs offered by the eli- local area, where applicable, into the devel- programs; and gible recipient are— opment and implementation of programs of ‘‘(F) provides educators with opportunities ‘‘(i) sufficient in size, scope, and quality to study to ensure programs align with skills to advance knowledge, skills, and under- meet the needs of all students served by the required by local employment opportunities, standing in pedagogical practices, including, eligible recipient; and including activities such as the identifica- to the extent the eligible recipient deter- ‘‘(ii)(I) aligned to State, regional, or local tion of relevant standards, curriculum, in- mines that such evidence is reasonably avail- in-demand industry sectors or occupations dustry-recognized credentials, and current able, evidence-based pedagogical practices; identified by the State or local workforce de- technology and equipment; ‘‘(3) provide career and technical education velopment board, including career pathways, ‘‘(3) identify and encourage opportunities students, including special populations, with where appropriate; or for work-based learning; and the skills necessary to pursue high-skill, ‘‘(II) designed to meet local education or ‘‘(4) ensure funding under this part is used high-wage occupations; economic needs not identified by State or in a coordinated manner with other local re- ‘‘(4) support integration of academic skills local workforce development boards; sources.’’. into career and technical education pro- ‘‘(C) an evaluation of progress toward the SEC. 132. LOCAL USES OF FUNDS. grams and programs of study to support CTE implementation of career and technical edu- Section 135 (20 U.S.C. 2355) is amended to participants at the secondary school level in cation programs and programs of study; read as follows: meeting the challenging State academic ‘‘(D) an evaluation of strategies needed to ‘‘SEC. 135. LOCAL USES OF FUNDS. standards adopted under section 1111(b)(1) of overcome barriers that result in lowering ‘‘(a) GENERAL AUTHORITY.—Each eligible the Elementary and Secondary Education rates of access to, or lowering success in, ca- recipient that receives funds under this part Act of 1965 (20 U.S.C. 6311(b)(1)) by the State reer and technical education programs for shall use such funds to develop, coordinate, in which the eligible recipient is located; special populations, which may include implement, or improve career and technical ‘‘(5) plan and carry out elements that sup- strategies to establish or utilize existing education programs to meet the needs iden- port the implementation of career and tech- flexible learning and manufacturing facili- tified in the comprehensive needs assessment nical education programs and programs of ties, such as makerspaces; described in section 134(c). study and student achievement of the local ‘‘(E) a description of how the eligible re- ‘‘(b) REQUIREMENTS FOR USES OF FUNDS.— adjusted levels of performance established cipient will improve recruitment, retention, Funds made available to eligible recipients under section 113, which may include— and training of career and technical edu- under this part shall be used to support ca- ‘‘(A) curriculum aligned with the require- cation teachers, faculty, specialized instruc- reer and technical education programs that ments for a program of study; tional support personnel, paraprofessionals, are of sufficient size, scope, and quality to be ‘‘(B) sustainable relationships among edu- and career, academic, and guidance coun- effective and— cation, business and industry, and other selors, including individuals in groups under- ‘‘(1) provide career exploration and career community stakeholders, including industry represented in such professions; and development activities through an orga- or sector partnerships in the local area,

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A13SE7.015 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5374 CONGRESSIONAL RECORD — HOUSE September 13, 2016 where applicable, that are designed to facili- complete the comprehensive needs assess- (2) in section 317(b)(1)— tate the process of continuously updating ment required under section 134(c) and the (A) by striking ‘‘may, upon written re- and aligning programs of study with skills in local report required under section quest, use funds made available under this demand in the State, regional, or local econ- 113(b)(4)(C). Act to’’ and inserting ‘‘may use funds made omy; ‘‘(c) POOLING FUNDS.—An eligible recipient available under this Act to’’; and ‘‘(C) dual or concurrent enrollment pro- may pool a portion of funds received under (B) by striking ‘‘who reside in the geo- grams, including early college high schools, this Act with a portion of funds received graphical area served by’’ and inserting ‘‘lo- and the development or implementation of under this Act available to not less than 1 cated in or near the geographical area served articulation agreements; other eligible recipient to support implemen- by’’; ‘‘(D) appropriate equipment, technology, tation of programs of study through the ac- (3) by striking title II and redesignating and instructional materials (including sup- tivities described in subsection (b)(2). title III as title II; port for library resources) aligned with busi- ‘‘(d) ADMINISTRATIVE COSTS.—Each eligible (4) by redesignating sections 311 through ness and industry needs, including machin- recipient receiving funds under this part 318 as sections 211 through 218, respectively; shall not use more than 5 percent of such ery, testing equipment, tools, implements, (5) by redesignating sections 321 through funds for costs associated with the adminis- hardware and software, and other new and 324 as sections 221 through 224, respectively; tration of activities under this section.’’. emerging instructional materials; and ‘‘(E) a continuum of work-based learning TITLE II—GENERAL PROVISIONS (6) by inserting after section 218 (as so re- opportunities; SEC. 201. FEDERAL AND STATE ADMINISTRATIVE designated) the following: PROVISIONS. ‘‘(F) industry-recognized certification ‘‘SEC. 219. STUDY ON PROGRAMS OF STUDY exams or other assessments leading toward The Act (20 U.S.C. 2301 et seq.) is amend- ALIGNED TO HIGH-SKILL, HIGH- industry-recognized postsecondary creden- ed— WAGE OCCUPATIONS. tials; (1) in section 311(b)— ‘‘(a) SCOPE OF STUDY.—The Comptroller ‘‘(G) efforts to recruit and retain career (A) in paragraph (1)— General of the United States shall conduct a and technical education program adminis- (i) by amending subparagraph (A) to read study to evaluate— trators and educators; as follows: ‘‘(1) the strategies, components, policies, ‘‘(H) where applicable, coordination with ‘‘(A) IN GENERAL.—Except as provided in and practices used by eligible agencies or eli- other education and workforce development subparagraphs (B), (C), or (D), in order for a gible recipients receiving funding under this programs and initiatives, including career State to receive its full allotment of funds Act to successfully assist— pathways and sector partnerships developed under this Act for any fiscal year, the Sec- ‘‘(A) all students in pursuing and com- under the Workforce Innovation and Oppor- retary must find that the State’s fiscal effort pleting programs of study aligned to high- tunity Act (29 U.S.C. 3101 et seq.) and other per student, or the aggregate expenditures of skill, high-wage occupations; and Federal laws and initiatives that provide such State, with respect to career and tech- ‘‘(B) any specific subgroup of students students with transition-related services, in- nical education for the preceding fiscal year identified in section 1111(h)(1)(C)(ii) of the cluding the Individuals with Disabilities was not less than the fiscal effort per stu- Elementary and Secondary Education Act of Education Act (20 U.S.C.1400 et seq.); dent, or the aggregate expenditures of such 1965 (20 U.S.C. 6311(h)(1)(C)(ii)) in pursuing ‘‘(I) expanding opportunities for students State, for the second preceding fiscal year.’’; and completing programs of study aligned to to participate in distance career and tech- (ii) in subparagraph (B), by striking ‘‘shall high-skill, high-wage occupations in fields in nical education and blended-learning pro- exclude capital expenditures, special 1-time which such subgroup is underrepresented; grams; project costs, and the cost of pilot pro- and grams.’’ and inserting ‘‘shall, at the request ‘‘(J) expanding opportunities for students ‘‘(2) any challenges associated with rep- of the State, exclude competitive or incen- to participate in competency-based edu- lication of such strategies, components, poli- tive-based programs established by the cation programs; cies, and practices. State, capital expenditures, special one-time ‘‘(K) improving career guidance and aca- ‘‘(b) CONSULTATION.—In carrying out the demic counseling programs that assist stu- project costs, and the cost of pilot pro- study conducted under subsection (a), the grams.’’; and dents in making informed academic and ca- Comptroller General of the United States (iii) by adding after subparagraph (C), the reer and technical education decisions, in- shall consult with a geographically diverse following new subparagraph: cluding academic and financial aid coun- (including urban, suburban, and rural) rep- ‘‘(D) ESTABLISHING THE STATE BASELINE.— seling; resentation of— ‘‘(i) IN GENERAL.—For purposes of subpara- ‘‘(L) supporting the integration of employ- ‘‘(1) students and parents; graph (A), the State may— ability skills into career and technical edu- ‘‘(2) eligible agencies and eligible recipi- cation programs and programs of study; ‘‘(I) continue to use the State’s fiscal effort ents; ‘‘(M) supporting programs and activities per student, or aggregate expenditures of ‘‘(3) teachers, faculty, specialized instruc- that increase access, student engagement, such State, with respect to career and tech- tional support personnel, and paraprofes- and success in science, technology, engineer- nical education, as was in effect on the day sionals, including those with expertise in ing, and mathematics fields (including com- before the date of enactment of the preparing CTE students for nontraditional puter science) for students who are members Strengthening Career and Technical Edu- fields; of groups underrepresented in such subject cation for the 21st Century Act; or ‘‘(4) special populations; and fields; ‘‘(II) establish a new level of fiscal effort ‘‘(5) representatives of business and indus- ‘‘(N) providing career and technical edu- per student, or aggregate expenditures of try. cation, in a school or other educational set- such State, with respect to career and tech- ‘‘(c) SUBMISSION.—Upon completion, the ting, for adults or a school-aged individual nical education. Comptroller General of the United States who has dropped out of a secondary school to ‘‘(ii) AMOUNT.—The amount of the new shall submit the study conducted under sub- complete secondary school education or up- level described in clause (i)(II) shall be the section (a) to the Committee on Education grade technical skills; State’s fiscal effort per student, or aggregate and the Workforce of the House of Rep- ‘‘(O) career and technical student organiza- expenditures of such State, with respect to resentatives and the Committee on Health, tions, including student preparation for and career and technical education, for the first Education, Labor, and Pensions of the Sen- participation in technical skills competi- full fiscal year following the enactment of ate.’’. tions aligned with career and technical edu- such Act.’’; and cation program standards and curriculum; (B) by striking paragraph (2) and inserting TITLE III—AMENDMENTS TO THE ‘‘(P) making all forms of instructional con- the following: WAGNER-PEYSER ACT tent widely available, which may include use ‘‘(2) FAILURE TO MEET.—The Secretary SEC. 301. STATE RESPONSIBILITIES. of open educational resources; shall reduce the amount of a State’s allot- Section 15(e)(2) of the Wagner-Peyser Act ‘‘(Q) supporting the integration of arts and ment of funds under this Act for any fiscal (29 U.S.C. 49l–2(e)(2)) is amended— design skills, when appropriate, into career year in the exact proportion by which the (1) by striking subparagraph (B) and insert- and technical education programs and pro- State fails to meet the requirement of para- ing the following: grams of study; graph (1) by falling below the State’s fiscal ‘‘(B) consult with eligible agencies (defined ‘‘(R) where appropriate, expanding oppor- effort per student or the State’s aggregate in section 3 of the Carl D. Perkins Career and tunities for CTE concentrators to participate expenditures (using the measure most favor- Technical Education Act of 2006 (20 U.S.C. in accelerated learning programs (described able to the State), if the State failed to meet 2302)), State educational agencies, and local in section 4104(b)(3)(A)(i)(IV) of the Elemen- such requirement (as determined using the educational agencies concerning the provi- tary and Secondary Education Act of 1965 (20 measure most favorable to the State) for 1 or sion of workforce and labor market informa- U.S.C. 7114(b)(3)(A)(i)(IV)) as part of a pro- more of the 5 immediately preceding fiscal tion in order to— gram of study; and years. ‘‘(i) meet the needs of secondary school and ‘‘(S) other activities to improve career and ‘‘(3) WAIVER.—The Secretary may waive postsecondary school students who seek such technical education programs; and paragraph (2) due to exceptional or uncon- information; and ‘‘(6) develop and implement evaluations of trollable circumstances affecting the ability ‘‘(ii) annually inform the development and the activities carried out with funds under of the State to meet the requirement of implementation of programs of study defined this part, including evaluations necessary to paragraph (1).’’; in section 3 of the Carl D. Perkins Career and

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A13SE7.015 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5375 Technical Education Act of 2006 (20 U.S.C. Recognizing the importance of en- facturing, carpentry, computer science, 2302), and career pathways;’’; gagement with community leaders and automotive technology, culinary arts, (2) in subparagraph (G), by striking ‘‘and’’ local businesses, this bill empowers and more. at the end; State and local leaders by providing This legislation is supported by over (3) in subparagraph (H), by striking the pe- riod at the end and inserting ‘‘; and’’; and them with the flexibility they need to 200 leading national organizations, in- (4) by inserting after subparagraph (H) the best prepare their students for the cluding educators, trade groups, and following new subparagraph: workforce and to respond to the chang- major employers across the country. ‘‘(I) provide, on an annual and timely basis ing needs of their communities. H.R. It was reported by the House Edu- to each eligible agency (defined in section 3 5587 also promotes work-based learning cation and the Workforce Committee of the Carl D. Perkins Career and Technical and encourages stronger partnerships without a single dissenting vote, which Education Act of 2006 (20 U.S.C. 2302)), the with employers to help students obtain I think reflects the bipartisan, good data and information described in subpara- jobs now and throughout their life- faith process by which we came to- graphs (A) and (B) of subsection (a)(1).’’. times. gether to draft and introduce this bill. The SPEAKER pro tempore. Pursu- I am also proud to say H.R. 5587 takes Specifically, I am pleased this legis- ant to the rule, the gentleman from steps to reduce the Federal role in ca- lation takes steps to help policymakers Pennsylvania (Mr. THOMPSON) and the reer and technical education, while en- measure what does and does not work gentlewoman from Massachusetts (Ms. suring transparency and accountability in career and technical education, al- CLARK) each will control 20 minutes. amongst CTE programs. By stream- lowing us to build on our past suc- The Chair recognizes the gentleman lining performance measures, the bill cesses. It ensures our career and tech- from Pennsylvania. provides State and local leaders—rath- nical education programs are aligned GENERAL LEAVE er than the Federal Government—with with the needs of high-demand growth Mr. THOMPSON of Pennsylvania. the tools they need to hold these pro- industries in order to make sure that Mr. Speaker, I ask unanimous consent grams accountable. America is competitive globally. It that all Members may have 5 legisla- These are just some of the important also supports our work-based learning tive days in which to revise and extend reforms this bill makes to provide and apprenticeships. It directly sup- their remarks and include extraneous Americans with clear pathways to suc- ports our early education and childcare materials on H.R. 5587. cess. workforce and brings the Perkins pro- The SPEAKER pro tempore. Is there Mr. Speaker, I would be remiss not to gram into the modern 21st century objection to the request of the gen- thank a few people who have made this global economy. tleman from Pennsylvania? bill possible: Chairman KLINE and his I am very pleased to have this bill on There was no objection. staff, in particular, James Redstone; the floor today. I urge its passage. Mr. THOMPSON of Pennsylvania. Ranking Member SCOTT and his staff; I reserve the balance of my time. Mr. Speaker, I yield myself such time Sam Morgante with Mr. LANGEVIN’s of- Mr. THOMPSON of Pennsylvania. as I may consume. fice; and Katie Brown of my staff. Mr. Speaker, I am pleased to yield 2 I rise in support of H.R. 5587. Both Sam and Katie have taken the minutes to the gentleman from Michi- Mr. Speaker, a weak economy and lead staffing the Career and Technical gan (Mr. WALBERG), the chairman of advances in technology have dramati- Education Caucus, each providing tire- the Workforce Protections Sub- cally changed today’s job market, cre- less advocacy for the policies included committee. ating both challenges and opportuni- in this bill. They have my deep appre- Mr. WALBERG. Mr. Speaker, I rise in ties for men and women entering the ciation for their hard work. support of H.R. 5587, which will help workforce. This is why equipping to- I urge my colleagues to support H.R. people in Michigan and across the day’s students with the tools they need 5587 and help us take a positive step to- country find meaningful careers in the to remain competitive is essential. One wards reforming and strengthening ca- 21st century workforce by updating our way we can achieve that goal is by reer and technical education training career and technical education pro- strengthening career and technical in America. grams. education programs for those eager to Mr. Speaker, I reserve the balance of As I met with students, teachers, and pursue pathways to success. my time. employers in my district, I have heard As cochair of the Career and Tech- Ms. CLARK of Massachusetts. I yield consistent support for improving CTE. nical Education Caucus, I have worked myself such time as I may consume. I know how important it is to mod- hard to increase awareness about the Mr. Speaker, I rise today in strong ernize this program for today’s jobs, opportunities available through CTE. support of H.R. 5587, the Strengthening from touring places like Southern For some students, a four-year college Career and Technical Education for the Michigan Center for Science and Indus- is the best path forward. For others, a 21st Century Act, legislation that I am try in Hudson, Michigan; the Jackson CTE program might be the best way to proud to introduce with the gentleman Area Career Center in Jackson, Michi- shape a fulfilling and successful future, from Pennsylvania (Mr. THOMPSON), as gan; Monroe County Community Col- Mr. Speaker. well as Representatives LANGEVIN, lege; and many more. These State and local programs help NOLAN, CURBELO, and BYRNE, and with We know that not everyone’s path to individuals obtain the knowledge and the support of the House Education and success in the workplace is the same skills they need to be successful in a the Workforce Committee ranking and, while many students pursue de- number of different occupations and member, Mr. SCOTT, and our chairman, grees at colleges and universities, fields—fields like health care, tech- Mr. KLINE. many others know their sweet spot lies nology, agriculture, and engineering. The bill before us is proof that Demo- somewhere else. Career and technical crats and Republicans can come to- education provides those individuals b 1445 gether and do the right thing for Amer- that opportunity and ensures our aspir- However, the law that provides Fed- ica’s students, workers, and employers. ing workforce is getting the hands-on eral support for these programs has not The Perkins Career and Technical training they need and they want. been updated in more than a decade. Education program reaches over 11 mil- I am particularly pleased that this Simply put, it does not address the new lion American students across the bill includes my provisions to address challenges today’s students, workers, country each year; and for the first outdated and burdensome occupational and employers face. time in 10 years, this legislation will licensure requirements which can come That is why I, along with my col- comprehensively update the program, at the expense of lower income work- league from Massachusetts, Represent- overhauling how government invests in ers, young people, and entrepreneurs ative KATHERINE CLARK, introduced our workforce and strengthens Amer- who lack the resources to overcome H.R. 5587, a bill that works to mod- ican competitiveness through job skills regulatory obstacles. ernize and improve current law to bet- training. This bill will help families by According to the National Bureau of ter reflect those challenges and provide preparing them with the skills they Economic Research, nearly 1 in 3 jobs more opportunities for students to pur- need to thrive in high-demand fields as now require a State-approved license or sue successful, rewarding careers. diverse as child care, advanced manu- certification; in 1950, it was 1 in 20.

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A13SE7.015 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5376 CONGRESSIONAL RECORD — HOUSE September 13, 2016 This bill will help create pathways to Education and the Workforce Com- Perkins has historically been a bipar- careers by encouraging States to re- mittee, has strong support across the tisan bill, and we are all very happy to view their regulatory climate and en- aisle, and I trust that we will pass it. I continue this tradition. H.R. 5587 was sure it does not create unnecessary hope the Senate will take it up as soon passed unanimously by the Education barriers for job growth. as possible. and the Workforce Committee and is I commend the authors of this bill, Mr. THOMPSON of Pennsylvania. the product of an inclusive and and I am proud that it emerged from Mr. Speaker, I am pleased to yield 1 thoughtful process. Again, it passed our committee on a unanimous 37–0 minute to the gentleman from Ala- unanimously. When does that happen, vote. bama (Mr. BYRNE). ever, it seems, these days in this Con- I hope my colleagues will vote in sup- Mr. BYRNE. I thank the gentleman gress? This is extraordinary. port of this bipartisan legislation and for yielding. The bill makes many necessary up- work together to help every American Mr. Speaker, earlier this summer, I dates to Perkins, with an emphasis on pursue their personal paths to the had the opportunity to visit the new training students for the skills they American Dream. career and technical education class- will need in high-growth sectors in the Ms. CLARK of Massachusetts. Mr. rooms at Saraland High School. From 21st century economy. I am particu- Speaker, I yield 2 minutes to the gen- welding to engineering to IT, these pro- larly pleased that it emphasizes the tleman from Virginia (Mr. SCOTT), the grams are going to make a real dif- role of school counselors in helping distinguished ranking member of our ference, and I was so impressed to see students choose their career path, in- committee. CTE getting the attention it deserves. corporating ideas from my Counseling Mr. SCOTT of Virginia. Mr. Speaker, You see, for too long, we have de- for Career Choice Act. By equipping I rise in support of H.R. 5587, the valued the importance of career and counselors with local labor market in- Strengthening CTE for the 21st Cen- technical education here in America. formation, they can better help stu- tury Act, which would reauthorize the The programs were seen as some sort of dents choose the field that best fits Perkins Career and Technical Edu- second-rate option for students who their skills and interests and will ulti- cation program. couldn’t make it otherwise. That sim- mately lead to a good-paying job. The research is clear: the United ply isn’t the case. The bill also expands student access States workforce is suffering from a Instead, CTE programs offer real op- to work-based learning opportunities. skills gap. According to one study, 65 portunities to students of all ages and This will help students to bridge the percent of all jobs in the United States from all backgrounds. With this bill, gap between classroom theory and in the near future will require at least we are making it clear that career and workplace practice and align skills and some education or training past the technical education is a critical edu- training with employer needs. high school level—not necessarily a 4- cational option that leads to good-pay- Providing workers with the skills year degree, but some education and ing jobs. necessary to thrive in the modern training past the high school level. In This bill makes important reforms to economy is essential to our economic Virginia alone, we have thousands of our CTE programs, with a special em- prosperity. I urge all of my colleagues jobs in the tech sector that go unfilled phasis on ensuring the programs focus to support this bill and the Senate to because of the lack of qualified appli- on in-demand skill areas in order to quickly take up this bipartisan legisla- cants. Some of those jobs have salaries close the skills gap and boost economic tion. of $88,000. growth. Again, I thank all of my colleagues Today’s CTE program is not the vo- This is a truly bipartisan, reform-ori- who were involved in this effort and cational education of the past, where ented bill that deserves our strongest the staff for bringing this bill to the students pursued a career rather than support, and I urge all my colleagues floor today. academic studies. Now the current pro- to join me in voting in favor of this Mr. THOMPSON of Pennsylvania. grams integrate the academic cur- legislation. Mr. Speaker, it is my pleasure to take riculum which will assist in preparing Ms. CLARK of Massachusetts. Mr. a point of personal privilege just as a participants for postsecondary edu- Speaker, I yield 2 minutes to the gen- chance to recognize Chairman KLINE of cation and credentials. tleman from Rhode Island (Mr. LAN- the Education and the Workforce Com- Mr. Speaker, people in the future will GEVIN), without whose leadership and mittee and to thank him for his leader- have to learn a new job; but if they expertise this legislation wouldn’t be ship in education, for truly making a don’t have the academic background, in the wonderful form that it is today, difference in the lives of our youth and, we will be doing them a great dis- and we are very grateful for his role. quite frankly, people of all ages, like service. This bill will allow students to Mr. LANGEVIN. Mr. Speaker, I with this piece of legislation. I very pursue a career track; and if they thank the gentlewoman from Massa- much appreciate his leadership. change their mind later on, they are chusetts for yielding and for her out- So it is my honor to yield 2 minutes still getting the academics. They can standing leadership on reauthorizing to the gentleman from Minnesota (Mr. go to a college-ready program. the Carl D. Perkins Career and Tech- KLINE), the chairman of the Education We need to make sure that we have nical Education Act. I am certainly and the Workforce Committee. greater accountability for program pleased to join with five other bipar- quality. We want to ensure that we tisan colleagues as original cosponsors b 1500 have more inclusive collaboration be- of this bill. Mr. KLINE. Mr. Speaker, I thank the tween educational institutions, indus- I would also, in particular, like to gentleman from Pennsylvania for his tries, employers, and community part- thank my friend and colleague, Rep- leadership on this issue and for yield- ners. And we need to make sure that resentative G.T. Thompson of Pennsyl- ing the time. those programs are aligned with our re- vania, for his unwavering commitment Mr. Speaker, I rise today in strong cent K through 12 education and work- to expanding CTE. As co-chairs of the support of the Strengthening Career force systems. Career and Technical Education Cau- and Technical Education for the 21st I would like to thank all of the peo- cus, Representative THOMPSON and I Century Act. ple who have been involved in this, par- have made Perkins reauthorization our A quality education is vital to suc- ticularly the gentlewoman from Massa- top priority; and today it is the cul- ceeding in today’s workforce. However, chusetts (Ms. CLARK) and the gen- mination of over 4 years of our work on it is important to know that a quality tleman from Pennsylvania (Mr. THOMP- the caucus together. I want to thank education doesn’t have to mean a 4- SON), along with Mr. LANGEVIN from him and both his staff and my staff for year college degree. Career and tech- Rhode Island, who is the chair of the their extraordinary efforts. nical education can be just as valuable, CTE Caucus, and all of the others who We should also, of course, recognize and, for many individuals, it is the have worked across the aisle to bring everything that Chairman KLINE, path that is best for them. us together today. Ranking Member SCOTT, and their Earlier this year, members on the This bill, as has been pointed out, has staffs did to get this bill to the floor Education and the Workforce Com- been reported unanimously from the today. mittee heard from Paul Tse. Paul

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.049 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5377 struggled as a student, but his life Time and again, when I visit with That is why career and technical edu- changed when he enrolled in a CTE pro- owners and managers of manufacturing cation is so important. It provides op- gram at the Thomas Edison High facilities throughout my northern Min- portunities for students to gain those School of Technology in Silver Spring, nesota district, I am told two things. specific skills and prepare them to Maryland. Today, he has a fulfilling ca- The first is that the employees they navigate the changing workforce. reer and not a dime—Mr. Speaker, not have hired who have participated in ca- Now, through a number of common- a dime—of student loan debt. There are reer and technical education programs sense measures, Mr. Speaker, this bill countless other success stories just are the very best that they have in is delivering the reforms that will pro- like Paul’s. their employment. Employers can’t say vide the flexibility to State and local The CTE classes Rob Griffin took as enough good things about them and leaders to meet those unique local a high school student in Whitfield their skills and the work that they do. needs, build stronger engagement with County, Georgia, prepared him for a The second point is that they need employers, and ensure that CTE pro- successful career at one of the Nation’s more CTE-trained people. All down the grams are delivering results. So I leading steel fabricators. line, from health care, to construction, thank Representatives THOMPSON and The hands-on experience Alex Wolff to information technology, to trans- CLARK for working together to move received at the Santa Barbara County portation, to aviation—and the list this bill forward. Regional Occupational Program led to goes on—good-paying jobs with living I urge my colleagues to support this a rewarding career in electrical engi- wages are waiting for these people. bipartisan bill and help more people neering. And Jasmine Morgan from the So this bill adds important new pro- gain the skills and hands-on experience Atlanta area found her passion through visions to expand and update CTE so that are critical to succeeding in to- CTE coursework and landed a job as a jobs can be filled. States get more day’s workforce. sports marketing specialist. flexibility to focus on the jobs and ca- Ms. CLARK of Massachusetts. Mr. The goal of this legislation is to help reers in high demand within their re- Speaker, I yield 1 minute to the gen- more individuals write their own suc- gions. Employers and communities get tleman from Connecticut (Mr. COURT- cess stories. This bipartisan legislation the tools they need to develop stronger NEY). will empower State and local leaders to partnerships to engage students and Mr. COURTNEY. Mr. Speaker, I rise tailor CTE programs to serve the best grow our local economies. And stu- in strong support of H.R. 5587, which interests of the students in their com- dents get the tools that they need to addresses the most urgent workforce munities. It will improve transparency compete and succeed in the 21st cen- challenge in our Nation by updating and accountability, as well as ensure tury. That is what this bill is all about. and strengthening career and technical Federal resources are aligned with the It’s all about more good jobs. education programs at the secondary needs of the local workforce and help More great opportunities to learn and gain education level. students obtain high-skilled, high-de- valuable skills and knowledge. First, the good news. All across the mand jobs. And—More dynamic growth for an economy country, there is an exciting and grow- These positive reforms are an impor- in need of the best, most skilled workers ing need for trade and technical skills tant part of our broader agenda, A Bet- America can provide. to fill jobs that young people can build ter Way, which is aimed at helping I urge our colleagues in the Senate to join a career and life around. Advanced more men and women achieve a life- the House in supporting this critical and impor- manufacturing opportunities in aero- time of success. I want to thank Representatives tant program and act swiftly to take up and space, maritime, and even health care are happening from coast to coast. And GLENN THOMPSON and KATHERINE pass this legislation. Mr. THOMPSON of Pennsylvania. the question of the day for many em- CLARK for their leadership. I urge my colleagues to support this Mr. Speaker, it is my honor to recog- ployers is whether our education and legislation. nize the chairman of the Sub- job training systems are ready to fill Ms. CLARK of Massachusetts. Mr. committee on Early Childhood, Ele- the need. Speaker, I yield 2 minutes to the gen- mentary, and Secondary Education Recent updates to K–12 and job train- tleman from Minnesota (Mr. NOLAN). I that has jurisdiction on this bill. I ing programs signed into law by Presi- thank him for his leadership on CTE yield 2 minutes to the gentleman from dent Obama in 2014 and 2015 built a and all his work for the students and Indiana (Mr. ROKITA). positive platform to address this chal- employers of his district and our coun- Mr. ROKITA. Well, I thank the gen- lenge, and passage of this bill for tech- try. tleman from Pennsylvania for his kind nical programs will add to that capa- Mr. NOLAN. Mr. Speaker, I would words. He is a dear friend. I have bility. like to begin by recognizing my distin- looked forward to our work together so In southeastern Connecticut where I guished colleague from Minnesota (Mr. far and into the future. hail from, the U.S. Navy’s demand sig- KLINE) for the great leadership that he Mr. Speaker, I have been to probably nal for new Virginia class and Colum- has provided as the chairman of the a hundred schools in my time in public bia class submarines is projected to re- Committee on Education and the service. I have seen the best of schools, quire up to 14,000 new hires in metal Workforce. Make no mistake about it, and I have seen the worst of schools. trades, design, and engineering over our educational opportunities and fu- The one thing that I am seeing more the next 10 years. For my region, pas- ture are brighter for you having and more, not only in our K–12 schools sage of this bill is not just feel-good chaired that committee and served in but in others after that, is the need for legislation but a critical, existential this Chamber. We all owe you a great career and technical education and the requirement. debt of gratitude and wish you well in need for reform in that area. I strongly urge passage of this bill your future going forward. The great- Now, Mr. Speaker, I am not talking and swift concurrence by the Senate. est tribute I think that anyone can re- about the shop class of old or anything Mr. THOMPSON of Pennsylvania. ceive is that we served well and we like that. In fact, what we are seeing Mr. Speaker, I yield 1 minute to the made a difference. You have done that, now is a completely different model. gentleman from Tennessee (Mr. ROE), a and we thank you for that. As Indiana’s Governor Pence cited in classmate of mine and also another I would be remiss if I didn’t also a congressional hearing last year, to- leader in the Education and the Work- thank Ranking Member SCOTT for his day’s CTE, today’s career and technical force Committee and the chairman of great work in this area. I also thank education, is not about, if not plan A, the Subcommittee on Health, Employ- Mr. THOMPSON of Pennsylvania, Ms. then plan B. It is about having two ment, Labor, and Pensions. CLARK of Massachusetts, and the other plan As. And that is exactly what to- Mr. ROE of Tennessee. Mr. Speaker, I original cosponsors for their hard day’s CTE courses are bringing to the rise today to encourage my colleagues work. forefront. to support H.R. 5587, the Strengthening Mr. Speaker, I rise in support of this Technological advances are con- Career and Technical Education for the critically important bipartisan reau- stantly changing the kinds of jobs that 21st Century Act. CTE programs are thorization of the Perkins Career and are available, as well as the skills designed to prepare high school stu- Technical Education Act. needed to succeed in those careers. dents and community college students

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.050 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5378 CONGRESSIONAL RECORD — HOUSE September 13, 2016 for the workforce. However, the laws the Strengthening Career and Tech- b 1515 supporting these efforts have not been nical Education for the 21st Century Mr. THOMPSON of Pennsylvania. updated in over a decade. Act, and the benefit and opportunities Mr. Speaker, I am now pleased to yield In my district, I often hear from it will provide for those looking to 1 minute to the gentlewoman from businessowners, employers, adminis- enter the job market. North Carolina (Ms. FOXX), also a lead- trators, and students who all tell me We have an opportunity to get rid of er on the Committee on Education and the stigma of this vocation path and about the need for quality education the Workforce. She serves as our chair bring to light the benefits of career and and training necessary in today’s of the Subcommittee on Higher Edu- technical education. This bill over- workplace. Just as the one-size-fits-all cation and Workforce Training. approach doesn’t work for health care, hauls the system to bring the decision- Ms. FOXX. Mr. Speaker, I thank my it will not work for education and making down to the State and local colleague from Pennsylvania for yield- workforce training. Each State, school leaders. It more closely accounts for ing to me and for the work that he has district, and student is different. Local changes in the job market. It increases done on this important bill. administrators, teachers, and employ- the input from groups such as students Mr. Speaker, the Carl D. Perkins Ca- ers—not the Federal Government— and business leaders. reer and Technical Education Act has This legislation empowers leaders should have these decisionmaking pow- provided Federal support to State and from our States and communities by ers. local career and technical education Congress has worked to improve K–12 reducing the paperwork for local edu- programs for more than 30 years. But education and modernize the Nation’s cation providers and streamlines the for far too long there has been a dis- workforce development system, and requirements process. It supports clos- crepancy in what students are learning this bill continues to build on that er partnerships with employers, who in the classroom and what employers progress. The recession may have know the needs of the workplace, and puts in place accountability bench- say they need in the workplace. ended in 2009, Mr. Speaker, but too H.R. 5587 updates the law to reflect marks to ensure that these programs many people are still struggling to today’s economic needs and the chal- make ends meet. We can do better. on the secondary level are delivering lenges that students and workers cur- I encourage my colleagues to support the training and results they are sup- rently face. This bipartisan bill goes a H.R. 5587. posed to be providing to students. Ms. CLARK of Massachusetts. Mr. This bill also allows States and local long way toward ensuring that individ- uals who pursue a technical education Speaker, I yield 11⁄2 minutes to the gen- authorities to develop a curriculum tleman from Colorado (Mr. POLIS). they know that works for their stu- have the knowledge and skills they Mr. POLIS. Mr. Speaker, I rise in dents and for their communities. need to succeed. support of H.R. 5587, the Strengthening I applaud the gentleman from Penn- Educational success is about more Career and Technical Education for the sylvania (Mr. THOMPSON) and the Edu- than just a degree. It is about pre- 21st Century Act. cation and the Workforce Committee paring students for a satisfying life and A few weeks ago, I got to visit the for their hard work and diligence in ad- teaching them the quantifiable skills new Pathways in Technology Early dressing this matter. that employers need in their employ- College, P-TECH, program at Skyline I urge my colleagues to support this ees. The Strengthening Career and High School in Colorado in the St. bill. Technical Education for the 21st Cen- Vrain Valley School District. P-TECH Ms. CLARK of Massachusetts. Mr. tury Act will help students reach those is a partnership between the St. Vrain Speaker, I yield 1 minute to the gentle- goals. I encourage my colleagues to Valley School District, Front Range woman from Oregon (Ms. BONAMICI). support this important legislation. Community College, IBM, and other Ms. BONAMICI. Mr. Speaker, I en- Ms. CLARK of Massachusetts. Mr. employers. It allows students to earn a thusiastically support the Strength- Speaker, I am pleased to yield 11⁄2 min- high school diploma and associate’s de- ening Career and Technical Education utes to the gentlewoman from Cali- gree in 4 or 5 years. for the 21st Century Act. fornia (Mrs. DAVIS). I spoke with a number of students When I visit communities in Oregon, Mrs. DAVIS of California. Mr. Speak- participating in the very first P-TECH I hear from business leaders, educators, er, career technical education answers and students about how hands-on ca- class, and they shared with me how the call that we hear from industry and reer and technical education programs this program will equip them with the from students alike to train students engage them and prepare them for suc- skills they need to get good, reliable in fields where high-quality jobs are cess after high school, regardless of jobs after graduation. That is the kind available. We know that means both what path they take. equity and quality. Equity, of course, of innovation Congress should be sup- This CTE legislation authorizes need- we know because every individual, porting, and this bill allows for that. ed increases in funding for CTE pro- every man, every woman, people of The bill also allows funds to be used grams and takes important steps to color, the disabled, all of the groups for open access education resources. help more students excel in school and Open access education resources and in the workforce. need to have equal access to a prom- open access textbooks are openly li- The bill will improve participation ising education and successful career. censed, free to use, and often come among historically underserved stu- The reality is that we can’t fix a with more flexibility than traditional dents, bring needed input from key problem that we can’t see. So we have or commercial textbooks. Throughout stakeholders, including parents and in- to have the data. We have to have the this country, open education resources dustry groups, and help students learn ability to know what we are looking are gaining popularity, save resources, employability skills as well as tech- at. But it is equally important to make and maintain high quality standards. nical skills. sure that CTE programs deliver in Last year, Congress recognized the I thank my friend and colleague from terms of quality. cost-saving potential and flexibility of New York, the co-chair of the STEAM So how do we do that? open education resources at the K–12 Caucus, Congresswoman STEFANIK, for I am excited that this bill places an level in the Every Student Succeeds working with me to include an amend- emphasis on teachers getting opportu- Act. I am very excited that support for ment that promotes arts and design nities to advance their knowledge and open education resources continues in education, which is increasingly in skills. Teachers need support and this bill. high demand in numerous industry sec- training from industry leaders so that I urge this bill’s final passage today, tors that value innovation. I thank they can take their knowledge back to and I call on my colleagues in the Sen- Chairman KLINE, Ranking Member students. ate to take up this bipartisan legisla- SCOTT, and Representatives CLARK and The flow of relevant information be- tion as soon as possible. THOMPSON for their leadership and tween industry, between teachers and Mr. THOMPSON of Pennsylvania. commitment to improving CTE pro- students has to be highlighted and Mr. Speaker, I yield 1 minute to the grams. strengthened. When teachers have di- gentleman from Georgia (Mr. CARTER). I ask my colleagues to join me in ap- rect field experience, they are better Mr. CARTER of Georgia. Mr. Speak- proving this legislation and call on the able to enthusiastically relate accurate er, I rise today in support of H.R. 5587, Senate to quickly take action. and timely industry practices to their

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.051 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5379 students, and that makes for stronger and workers, and they all shared one leadership, as they always seek ways to professional development for teachers, major concern: the desperate need to advance career and technical education and that will trickle down to our stu- close the skills gap. training. dents. There are good paying jobs right here According to a recent report, Mr. Successful CTE programs will close at home, but our people aren’t able to Speaker, in my home State of Massa- the skills gap that undermines our pro- fill them, and that is unacceptable. The chusetts, three out of five job openings ductivity today. I urge my colleagues skills gap is weakening our national in our Commonwealth 6 years from in the Senate to take up and pass this and local economies, and we can no now will require less than a college de- overwhelmingly bipartisan legislation. longer afford the price of an underpre- gree. That means that students who Mr. THOMPSON of Pennsylvania. pared workforce. That is why I call on are just starting their second week of Mr. Speaker, I yield 1 minute to the my colleagues to vote ‘‘yes’’ and to re- middle school this week could walk gentleman from South Carolina (Mr. authorize CTE. straight out of their high school grad- WILSON). Voting ‘‘yes’’ will not only strength- uation and into a job in their own Mr. WILSON of South Carolina. Mr. en our economy, but will help make backyard. Speaker, I thank Chairman GLENN the American Dream a reality for mil- They will only be prepared for those THOMPSON for yielding. lions of Americans. Voting ‘‘yes’’ will I am grateful to support the jobs, though, if we ensure that their absolutely make a difference in the curriculum is informed by the needs of Strengthening Career and Technical lives of those you serve. Today we have Education for the 21st Century Act. companies in their communities. Busi- an opportunity to get it right, an op- nesses and voc-tech schools in my dis- Whether I am visiting one of the re- portunity to level the playing field, markable schools in South Carolina’s trict are already creating innovative and to put the needs of the American technical education system of Aiken, partnerships that allow students to people first. Let’s make America Midlands, Orangeburg-Calhoun, or a learn in their classrooms and then gain stronger by passing this commonsense, local manufacturing facility, the mes- hands-on experience on factory floors. bipartisan legislation. I urge my col- sage is the same: the job market is Guided by their example, I intro- leagues to vote ‘‘yes.’’ I hope the Sen- changing rapidly. Quality education is duced the Perkins Modernization Act ate will move swiftly in also passing vital to competing, which is why ap- to align the curriculum that our stu- this crucial piece of legislation. prenticeship programs are so impor- dents are learning today with the needs Mr. THOMPSON of Pennsylvania. tant in leading to the success of BMW, of the employers who will hire them to- Mr. Speaker, I am pleased to yield 1 MTU, AGY, SRS, Michelin, morrow. I am grateful that the spon- minute to the gentleman from Georgia Bridgestone, Boeing, and soon Volvo in sors of this legislation included that (Mr. ALLEN). South Carolina. language, and I hope the Senate will While existing technical education, Mr. ALLEN. Mr. Speaker, I thank follow their lead by quickly taking up which was established by Fritz Hol- the gentleman for yielding. and passing this legislation. Career technical education is critical lings and Floyd Spence, has played a Mr. THOMPSON of Pennsylvania. to the development of a growing work- role in creating jobs, existing legisla- Mr. Speaker, I yield 1 minute to the force. As I go into the schools today, I tion has not been updated for the last gentleman from Florida (Mr. CURBELO), often ask the students: Why are you 10 years. another very effective member of the getting an education? This bill serves as a first step to re- House Committee on Education and These are questions that I ask the forming technical education programs the Workforce. students: Why is education important? by helping all Americans enter the Mr. CURBELO of Florida. I thank workforce for high-skilled, in-demand The answer is to get a good job, to build a career. Mr. THOMPSON for yielding, and I thank jobs. Some reforms include empow- him for his leadership on this bill. I ering State and local community lead- Our schools teach children all the necessary and important subjects, but would also like to thank Ms. CLARK, ers, limiting Federal mandates, en- our chairman, and the ranking member couraging employment engagement, it is important that we offer programs that prepare students for the work- for making this possible. and increasing accountability. I think all of my colleagues have ex- I am grateful to cosponsor the force. We have to work to bridge the existing gap between the business com- plained all the details in this bill, the Strengthening Career and Technical important reforms that are in it, but Education for the 21st Century Act. I munity and education. That means en- couraging students to find their pas- what I want to focus on is the critical appreciate the leadership of Chairman message that it sends young people GLENN THOMPSON for sponsoring this sions early on and choosing programs that will build their resumes and set and, really, all aspiring people all over leadership, and I urge my colleagues to this country, Mr. Speaker. support it. them up for their chosen occupation. For a long time—and I was a school Ms. CLARK of Massachusetts. Mr. As a member of the House Committee board member, so I know this—young Speaker, I am pleased to yield 1 minute on Education and the Workforce, a people were told that there was only to the gentlewoman from North Caro- member of the Congressional Career one path to success: a traditional 4- lina (Ms. ADAMS). and Technical Education Caucus, and Ms. ADAMS. Mr. Speaker, I thank with over 40 years in the business year degree. And anyone who didn’t do the gentlewoman for yielding. world, I am a strong supporter of this that was looked down upon, and we As a member of the House Committee bill. Growing this economy starts with stigmatized a lot of young people in on Education and the Workforce, I am jobs and getting people back to work. this country. proud to stand here today in support of So why not start by preparing Amer- What this Congress is doing today to- the Strengthening Career and Tech- ica’s future workforce early? gether—Republicans and Democrats—is nical Education for the 21st Century I urge support of the Strengthening sending a strong message to students Act. This is commonsense, bipartisan Career and Technical Education for the in high school today, students in mid- legislation, and it will strengthen our 21st Century Act. dle school, and people who are adults economy and put hardworking Ameri- Ms. CLARK of Massachusetts Mr. but still aspiring and looking to ac- cans back to work. Speaker, I am pleased to yield 1 minute quire job skills so that they can get a As elected leaders promoting the wel- to the gentleman from Massachusetts good job, that there are many path- fare of the American people, it is our (Mr. KENNEDY). I would like to thank ways to success. I think that is equally most sacred responsibility, and this is him for all his leadership and work on as important as the reforms, as the why we must continue to work to- promoting American manufacturing, changes, as the updating of this impor- gether to ensure that American work- STEM and STEAM education, and tant bill that we are advancing, the ers have the skills and the training CTE. strong, wonderful message it is sending needed to compete in this modern Mr. KENNEDY. Mr. Speaker, I want to the young people of this country. workforce. to thank my colleagues, Congress- I thank everyone for their leadership, In August, I traveled throughout my woman CLARK and Congressman and I urge all my colleagues to vote for district, meeting with local employers THOMPSON, for their extraordinary this legislation.

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.053 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5380 CONGRESSIONAL RECORD — HOUSE September 13, 2016 Ms. CLARK of Massachusetts. Mr. able to access life-changing education call up the bill (H.R. 3590) to amend the Speaker, I yield 1 minute to the gen- and experience that will allow them to Internal Revenue Code of 1986 to repeal tleman from New Jersey (Mr. NOR- do just that, to achieve the American the increase in the income threshold CROSS). Dream. used in determining the deduction for Mr. NORCROSS. Mr. Speaker, I b 1530 medical care, and ask for its imme- thank the gentlewoman for yielding. diate consideration. I rise in support of H.R. 5587. I am pleased that we have been able The Clerk read the title of the bill. First, I want to thank the Members to work across the aisle in a bipartisan The SPEAKER pro tempore. Pursu- for coming together and certainly their manner—my hope is that we will be ant to House Resolution 858, the staffs for recognizing the important able to work in a bicameral manner amendment in the nature of a sub- piece of this legislation where we are with the Senate, and I encourage swift stitute recommended by the Com- going. action in the Senate—to ensure that mittee on Ways and Means, printed in As we heard before, a 4-year college this generation is equipped with the the bill, is adopted, and the bill, as is a great pathway for some, but it cer- tools needed to remain competitive in amended, is considered read. tainly isn’t for everyone. I, myself, am today’s workforce. I believe this is an The text of the bill, as amended, is as a product of the other 4-year school, an effort that we can all support. follows: apprenticeship out of the IBEW that al- Mr. Speaker, the title of this bill is H.R. 3590 lowed me for many, many years to sup- Strengthening Career and Technical Be it enacted by the Senate and House of Rep- port my family being an electrician. Education for the 21st Century Act. resentatives of the United States of America in In New Jersey, my home State, 7 out Normally, we usually find some kind of Congress assembled, of 10 jobs that are coming up in the an acronym—something short and SECTION 1. SHORT TITLE. next few years will require less than catchy—to call this. Those initials This Act may be cited as the ‘‘Halt Tax In- that 4-year degree, and that reempha- don’t lend to that process, but I would creases on the Middle Class and Seniors Act’’. sizes why we are here today. have to say I like to refer to this legis- SEC. 2. REPEAL OF INCREASE IN INCOME lation as the opportunity bill. It is the THRESHOLD FOR DETERMINING This important bill will go a long MEDICAL CARE DEDUCTION. way to provide students with alter- opportunity for those young people (a) IN GENERAL.—Section 213(a) of the Inter- native pathways to earn a fair day’s who are looking to enter the workforce nal Revenue Code of 1986 is amended by striking pay for a fair day’s work. I, along with and want to go on to a path to be able ‘‘10 percent’’ and inserting ‘‘7.5 percent’’. Representative MCKINLEY, formed the to earn a family-sustaining wage, to be (b) CONFORMING AMENDMENTS.— Congressional Building Trades Caucus successful through career and technical (1) Section 213 of such Code is amended by to work on these issues, and we will be education training. striking subsection (f). It is an opportunity bill for those (2) Section 56(b)(1)(B) of such Code is amend- meeting later this week to discuss ed by striking ‘‘without regard to subsection (f) these important items. Apprenticeships families who today find themselves de- of such section’’ and inserting ‘‘by substituting are a partnership between employers pressed and caught in unemployment ‘10 percent’ for ‘7.5 percent’ ’’. and employees. They come together and looking to get back into the work- (c) EFFECTIVE DATE.—The amendments made and will increase the outcomes. force and greater opportunity. It is an by this section shall apply to taxable years be- Once again, I want to thank all those opportunity bill. It is an opportunity ginning after December 31, 2015. involved for their hard work. I urge the bill for those families that, maybe, for The SPEAKER pro tempore. The bill, Senate to take this up quickly. generations have found themselves as amended, shall be debatable for 1 Mr. THOMPSON of Pennsylvania. trapped in poverty and without an exit hour, equally divided and controlled by Mr. Speaker, I have no other speakers, strategy, Mr. Speaker. This bill is an the chair and the ranking minority so I reserve the balance of my time. opportunity bill. It is an exit ramp member of the Committee on Ways and Ms. CLARK of Massachusetts. Mr. from poverty for those families, those Means. Speaker, I yield myself the balance of Americans. The gentleman from Texas (Mr. my time. For those who are job creators who BRADY) and the gentleman from Michi- Today we have heard Democrats and can’t grow or maybe even start their gan (Mr. LEVIN) each will control 30 Republicans from across the United business or sustain their business be- minutes. States speak in support of H.R. 5587. cause they can’t find qualified and The Chair recognizes the gentleman This legislation builds upon the invest- trained workers, this is an opportunity from Texas. ments this Chamber has made in the bill, Mr. Speaker. I urge my colleagues GENERAL LEAVE education system and updates CTE to to vote ‘‘yes’’ on H.R. 5587. Mr. BRADY of Texas. Mr. Speaker, I allow our students to be competitive in Mr. Speaker, I yield back the balance ask unanimous consent that all Mem- a global economy. of my time. bers may have 5 legislative days within I want to give special thanks to the The SPEAKER pro tempore (Mr. which to revise and extend their re- Committee on Education and the DUNCAN of Tennessee). The question is marks and include extraneous material Workforce staff, who worked so hard to on the motion offered by the gen- on H.R. 3590, currently under consider- support Members in drafting this bill tleman from Pennsylvania (Mr. THOMP- ation. that has received such broad bipartisan SON) that the House suspend the rules The SPEAKER pro tempore. Is there support. and pass the bill, H.R. 5587, as amend- objection to the request of the gen- I urge my colleagues on both sides of ed. tleman from Texas? the aisle, as well as our Senate col- The question was taken. There was no objection. leagues, to quickly take up and ap- The SPEAKER pro tempore. In the Mr. BRADY of Texas. Mr. Speaker, I prove this commonsense legislation. opinion of the Chair, two-thirds being yield myself such time as I may con- Mr. Speaker, I yield back the balance in the affirmative, the ayes have it. sume. of my time. Ms. CLARK of Massachusetts. Mr. Over the last few months, the Amer- Mr. THOMPSON of Pennsylvania. Speaker, on that I demand the yeas ican people have witnessed one Mr. Speaker, I yield myself the balance and nays. ObamaCare failure after another. of my time. The yeas and nays were ordered. Major insurers are fleeing the ex- Mr. Speaker, career and technical The SPEAKER pro tempore. Pursu- changes, healthcare premiums are con- education helps men and women across ant to clause 8 of rule XX, further pro- tinuing to just skyrocket, and only 7 of the country achieve the American ceedings on this motion will be post- ObamaCare’s 23 public option co-ops re- Dream of finding and seizing opportu- poned. main. After New Jersey’s announce- nities to work hard and to succeed f ment yesterday that it will close its within the workforce. co-op, we will be down to merely 6 at The Strengthening Career and Tech- HALT TAX INCREASES ON THE the end of the year. That means nearly nical Education for the 21st Century MIDDLE CLASS AND SENIORS ACT three-quarters of a million Americans Act makes the positive reforms nec- Mr. BRADY of Texas. Mr. Speaker, have been or will soon be kicked off essary to ensure more Americans are pursuant to House Resolution 858, I their current healthcare insurance.

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.054 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5381 Every week, the news about this law Mr. LEVIN. Mr. Speaker, I yield my- For these reasons, the administra- gets worse. That is why House Repub- self such time as I may consume. tion has issued a Statement of Admin- licans are taking action right now to Mr. Speaker, this bill is going no- istration Policy. I want to read it be- protect seniors across our country where, but there are lessons to be cause it underlines how, as I said at the from another looming negative con- learned from it being voted on today. It beginning, the Republicans here, once sequence of the President’s healthcare is an exercise Republicans hope will again, are going through the motions. law. I am honored today to speak in help them politically, and yet another This isn’t going to become law, but it support of Congresswoman MARTHA one of their attempts to undermine the says something important: don’t pay MCSALLY’s Halt Tax Increases on the Affordable Care Act. for, be reckless, claim you care, and Middle Class and Seniors Act. The Joint Committee on Taxation es- also take another step to undo ACA. Before the Affordable Care Act, timates that this bill would increase I quote from the Statement of Ad- Americans could find some relief in the deficit by nearly $33 billion over ministration Policy: their ability to deduct high-cost, out- the next 10 years. This bill does not in- ‘‘The Administration strongly op- of-pocket medical expenses from their clude any offsets to address this cost. poses House passage of H.R. 3590. It taxes, but this important source of re- This is a vivid contradiction of worn- would repeal a provision of the Afford- lief is about to get further out of reach out Republican rhetoric claiming time able Care Act that limits a regressive, for seniors, thanks to ObamaCare. and time again to be concerned about poorly targeted tax break for health For Americans under 65 years of age, the deficit of this country. care spending. This repeal would dis- a provision of the Affordable Care Act Earlier this year, the President re- proportionately benefit high-income has already raised the previous 7.5 per- quested $1.9 billion to address the Americans, while increasing national cent income threshold up to 10 percent. growing threat of the Zika virus in this health care spending. Additionally, it Starting January 1, just 3 months from country. Republicans ignored this re- would increase the Federal deficit by now, the provision will go into effect quest, disregarded our Nation’s top $32.7 billion over ten years, according public health officials, and, instead, for America’s seniors and elderly as to the Congressional Budget Office. well. combined lower funding levels with ‘‘The Administration is always will- poison pill policy riders. In fact, the American Association of ing to work with the Congress on fis- Nearly 12,000 Americans, including Retired Persons—or AARP, as many cally responsible ways to further im- nearly 1,400 pregnant women, have con- know them—in their letter endorsing firmed cases of Zika in this country. prove health care affordability and the this legislation stated that ‘‘56 percent The Centers for Disease Control and Affordable Care Act. The President’s of all returns claiming the deduction prevention has stated it is running out Budget offers a number of proposals to had at least one member of the house- of resources to fight the virus. So far, do so. However, H.R. 3590 would be a hold age 65 or older.’’ In other words, no action. step in the wrong direction because it this is hitting seniors in retirement Zika is an emergency. The Repub- would increase health care spending years, where every dollar matters. licans say, Pay for it. Oh, but not a and increase the Federal deficit, while This ObamaCare provision is a tax dime for this $35 billion tax cut. How doing little to improve the afford- hike, plain and simple. It makes paying can we afford to provide for an enor- ability of health care for middle-class for care even more difficult for individ- mous tax cut, like the one before us families. uals, families, and seniors who may al- today, but we can’t afford to spend just ‘‘If the President were presented with ready be struggling to afford the care one-fifteenth of that amount to protect H.R. 3590, his senior advisors would rec- they need. Americans from a devastating disease ommend that he veto the bill.’’ Mr. Speaker, this law gets more impacting families and children? Mr. Speaker, I reserve the balance of unaffordable and burdensome every The opioid epidemic. We passed some my time. day, and it is the middle class and sen- important legislation to address it, but b 1545 iors who are being hurt most. With the no money, no action to make sure that Halt Tax Increases on the Middle Class it would really be meaningful. But Mr. TIBERI. Mr. Speaker, I yield my- and Seniors Act, we can repeal this today, we can pass an unpaid-for tax self such time as I may consume. provision and stop another painful cut of $35 billion? H.R. 3590, the Halt Tax Increases on ObamaCare tax hike in its tracks. Flint, Michigan. Thousands of kids the Middle Class and Seniors Act, is a I am grateful for Representative were poisoned. Drinking water still commonsense bill that repeals an oner- MCSALLY’s leadership on this impor- cannot be consumed, and water can’t ous tax on 3.8 million households in tant, bipartisan legislation. I would be otherwise used in Flint—but no ac- America; 3.8 million households in note that, as AARP said, more than tion today. No action, but we can pass America in 2016 alone. half of those impacted are seniors. this $35 billion bill, unpaid for? We should encourage patients to seek Nearly half are the middle class. They Let’s be clear about the ACA, which, the care they need, not to create more make between $40,000 and $70,000 a once again, the Republicans are trying burdens and restrict access to medical year. Every dollar in their family budg- to repeal, in part. The ACA was fully care, as this ObamaCare tax does. et matters as well. paid for—fully. And since the ACA Now, if Americans out there watch- This solution, this targeted passed 6 years ago, the majority has ing listened to the previous speaker ObamaCare repeal, is another example failed to offer any meaningful alter- say things like ‘‘politically motivated of how House Republicans are deliv- native to the ACA to reduce the ranks bill,’’ ‘‘undermine Affordable Care ering the patient-focused solutions of the uninsured and provide affordable Act,’’ ‘‘a contradiction,’’ here is the Americans deserve. Most importantly, coverage to American families. Their contradiction. This bill was introduced this repeal takes meaningful steps to response has been ‘‘nada,’’ in terms of over a year ago by Congresswoman make health care more affordable and anything meaningful. MARTHA MCSALLY from Arizona, but accessible for the American people. According to the JCT data, approxi- this isn’t the first time this bill has I am proud of the leadership of Con- mately two-thirds of the tax benefits been introduced. It was introduced in gresswoman MCSALLY on behalf of our from H.R. 3590 will accrue to taxpayers the last session of Congress by a gen- seniors and our middle class. earning $100,000 and more over the next tleman whose name is Ron Barber, a Mr. Speaker, I reserve the balance of 10 years. former Congressman from Arizona and my time, and I ask unanimous consent In 2013, only 6.1 percent of all returns a Democrat. How interesting. What a that the gentleman from Ohio (Mr. claimed the medical expense deduction, contradiction that is. TIBERI), the chairman of the Health and only 11 percent of seniors did so. So, this so-called politically moti- Subcommittee, be permitted to control We know that the higher a household’s vated bill, according to AARP—this is the remainder of the time. income, the more likely it is to itemize AARP saying this, which supports the The SPEAKER pro tempore. Is there deductions. So low-income seniors legislation—56 percent of all returns objection to the request of the gen- would receive little or no benefit from claiming this deduction had at least tleman from Texas? this bill since much of their income one member of their household age 65 There was no objection. comes from Social Security. years or older. My mom and dad, over

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.057 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5382 CONGRESSIONAL RECORD — HOUSE September 13, 2016 65, on a fixed income. But, yet, some means a great deal to some of the most Now, I will be the first to admit that are opposed to this bill. vulnerable Americans. According to re- I had some reservations about some of Let me tell you who is for it. AARP, cent data from the IRS, more than 8 the funding elements that were part of Americans for Prosperity, National million people use this deduction, with the Affordable Care Act. I would not Taxpayers Union, Americans for Tax more than 80 percent earning less than have used exactly the same structure, Reform, 60 Plus, Association of Mature $100,000 a year and 49 percent earning but bear in mind that the investment American Citizens, Campaign for Lib- less than $50,000 a year. This deduction in the Affordable Care Act has provided erty, Small Business & Entrepreneurial is extremely important for low-and significant healthcare subsidies for Council. middle-income Americans who have al- millions of Americans, which my friend Mr. Speaker, I am a proud cosponsor ready spent thousands in out-of-pocket and colleague, Congressman LEVIN, can of this bill, and I would like to thank costs and cannot afford another shock go through in great detail. But what we Congresswoman MARTHA MCSALLY to their wallets and pocketbooks. are looking at here are three problems. from Arizona for her passion for this The same goes for seniors, many who One, if this bill were to move for- legislation, her tireless work for this already live on fixed incomes and ward, it would invest $33 billion, either legislation, testifying before the Ways struggle to make ends meet. According added to the deficit or cutting other and Means subcommittee on this legis- to the AARP, seniors make up 56 per- programs. lation, and trying to help those 3.8 mil- cent of all claimants of the medical ex- Now, I think it is important to bear lion households in America, many low- pense deduction. If the threshold is in mind that this Congress has been income and middle-income households raised, many seniors who have saved tied in knots, unable to come up with in America, and bringing this impor- for their whole lives and have carefully a billion or two to deal with the Zika tant issue to light today. planned for retirement will suddenly be crisis, the infections that are taking Mr. Speaker, I yield 4 minutes to the faced with hundreds of dollars in extra place, the potential of an epidemic gentlewoman from Arizona (Ms. taxes on top of the out-of-pocket med- starting in places like Florida and MCSALLY). ical costs they already pay. Puerto Rico, but putting people at risk Ms. MCSALLY. Mr. Speaker, I thank That is why I introduced this bill. It around the country. This is an imme- Chairman TIBERI as well as Chairman is a bipartisan bill to stop this tax in- diate healthcare crisis. Congress is paralyzed, and we can’t BRADY. I truly appreciate their willing- crease for seniors and roll it back for ness to work with me on this legisla- those under 65. come up with a billion or two, let alone tion that will peel back this lesser- The impetus for this legislation came $33 billion over the next 10 years. We known tax increase buried in the Af- from one of my constituents in Green have watched, on an ongoing basis, fordable Care Act that is already hurt- Valley, Arizona. His name is Loren people picking away at items of the Af- ing middle class families and will begin Thorsen. Tragically, Loren passed fordable Care Act, which was developed as a comprehensive package that had to hurt seniors early next year. away earlier this year, but he knew the H.R. 3590, the Halt Tax Increases on importance of raising awareness of this things that some people supported, the Middle Class and Seniors Act, is a tax hike and he was committed and some people were opposed, but collec- bill I introduced earlier in this Con- passionate to doing what he could do to tively was able to provide these bene- fits that resulted in having the lowest gress, and it will protect seniors from stop it. I am honored to be standing uninsured rate in American history. this tax hike and it will roll it back for here today in order to advance this ef- We are watching people starting to try middle class families. fort, Loren’s effort, one step further. In closing, I want to thank the 17 co- With the costs of health care rising and pick away at elements here that sponsors, including Chairman TIBERI, either add to the deficit or undermine and becoming significantly harder for Congresswoman LYNN JENKINS, Con- the integrity of the Affordable Care families and seniors to find, this legis- gressman BOB DOLD, and Congressman Act. lation is necessary to provide relief to JASON SMITH, all members of the Ways Now, one of the things that has been Americans with expensive medical and Means Committee, as well as my frustrating for me is that we had a bills. Since 2005, healthcare costs have colleague, the gentlewoman from Ari- complete collapse of the legislative steadily risen faster than inflation in zona (Ms. SINEMA). process. There were many things that every year except one. I would also like to thank the var- we could have done to refine and im- Additionally, the trend towards ris- ious supporting groups, including the prove the Affordable Care Act. Nobody ing health insurance deductibles and AARP, Americans for Prosperity, 60 would have designed the bill exactly premiums are leaving people exposed Plus, Americans for Tax Reform, the like it went through, but that is what to increased out-of-pocket costs. We Association of Mature American Citi- happened when the Senate Republicans should be working to reduce this bur- zens, and the National Taxpayers stopped legislating, and we used the den, not making it worse; but that is Union. reconciliation package to take what we not what this hidden tax hike in the I would urge all Members to join me had, enable it to go forward with the Affordable Care Act would do. in supporting this bill in order to en- expectation over the course of the last Currently, the IRS allows Americans sure we protect the American people 6 years we would be working together with high healthcare costs to deduct from another harmful healthcare tax to refine it, like we have done with certain out-of-pocket expenses from increase that they simply cannot af- every single major piece of social legis- their taxes. Prior to 2013, individuals ford. lation in our history. could deduct out-of-pocket costs that Mr. LEVIN. Mr. Speaker, I yield 4 We work on it. None of these things exceed 7.5 percent of one’s adjusted minutes to the gentleman from Oregon are perfect. We refine it. We look at gross income, or AGI. The Affordable (Mr. BLUMENAUER), a member of our the changes that can come forward and Care Act changed this for Americans committee. try to improve it for the American peo- under the age of 65 already by moving Mr. BLUMENAUER. Mr. Speaker, I ple. That has not been what has hap- that threshold to 10 percent, effectively appreciate the gentleman’s courtesy pened in the 6 years that my Repub- raising taxes on middle class Ameri- for permitting me to add my voice to lican friends have been in charge of the cans. this discussion. I think we are all deep- House of Representatives. To make matters worse, that same ly concerned about impacts that we I have deep affection and respect for tax increase is scheduled to hit Ameri- have on our constituents, whether it is my friend, Mr. TIBERI. We work on lots cans 65 and older starting January 1, in terms of tax, expenses in terms of of things together. One thing we 2017. This is particularly concerning to health care, or challenges in their day- haven’t been able to work on in 6 years me because, according to the Census to-day life. is an opportunity to refine the Afford- Bureau’s 2014 American Community What is deeply concerning to me is able Care Act, to be able to work to- Survey, approximately 140,000 individ- an inability for us to step back and gether cooperatively to build on it. uals, roughly one-fifth of my constitu- look at these things in a broader con- We have had an agenda. I lost track ents, are over the age of 65. text to be able to prioritize and deal at 65 the number of times the votes Though it has not received much at- with these items in a way that actually were to repeal it, not to be able to tention, the medical expense deduction provides some sense of balance. work together.

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.058 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5383 The SPEAKER pro tempore. The moderate- and low-income households. meaningful and, I do believe, impor- time of the gentleman has expired. For those 10 million people, we are tant piece of legislation as families all Mr. LEVIN. I yield the gentleman an making it better. across our country are looking at additional 2 minutes. Mr. Speaker, I yield 3 minutes to the healthcare costs that are going Mr. BLUMENAUER. But to repeal it gentleman from Illinois (Mr. DOLD). He through the roof, and they are saying: and to get rid of it, to try to high- is from suburban Chicago, a member of Wait a second; can I please get some re- light—in fact, there were a number of the Ways and Means Committee, and lief? votes that have taken place to actually has been active in supporting this leg- According to the Joint Committee on make it worse, to have a bigger impact islation and helping get it passed out of Taxation, 40 percent of those who on low- and moderate-income families, committee. would receive immediate relief from have a bigger cliff for people who have Mr. DOLD. Mr. Speaker, I want to this piece of legislation, from this bill, changes in their economic cir- thank the chairman for yielding the make between $40,000 and $75,000 per cumstances, to have a larger penalty time. I also want to join him in saying year. This is not millionaires and bil- rather than smoothing, refining, and to my colleague and good friend from lionaires—$40,000 to $75,000 a year. making it better. Oregon that I welcome the opportunity The SPEAKER pro tempore. The We have an opportunity to be able to to try to dive in to the Affordable Care time of the gentleman has expired. deal meaningfully with things that will Act to make it better, and I look at the Mr. TIBERI. Mr. Speaker, I yield the improve the health of the American legislation that is in front of us as a gentleman an additional 1 minute. people. If we don’t agree on the refine- step to be able to do some of those Mr. DOLD. Additionally, according ment of the Affordable Care Act—I am things. to the AARP, 56 percent of all tax re- hoping that we might have a more re- Now, again, this is just one step, so I turns claiming this as an expense are sponsible and slightly better Congress don’t believe that it is cotton candy be- seniors, have a senior in the household next time, but there are things we cause, as we look at premiums that are making that claim. Fixing this coun- could do right now in areas of medical going right through the roof, terproductive tax puts in place, I be- research. I mentioned Zika. deductibles that have gone sky high, lieve, the right message that we want We have opportunities to move for- hardworking American taxpayers are people to be able to pay for their med- ward. This takes off the top something looking and saying: What is going on? ical expenses. that has been in the legislation for Mr. Speaker, the debate today, which Ultimately, what we are doing is we some time that focuses one element, I am pleased to join, about H.R. 3590, are seeing these costs continue to rise. but doesn’t improve the quality of the Halt Tax Increases on the Middle I know I am not the only Member of health care; that doesn’t deal with re- Class and Seniors Act, is a common- Congress that hears it from their con- fining and strengthening the Afford- sense piece of legislation and a bipar- stituents. In talking to my colleagues, able Care Act; that doesn’t deal with tisan piece of legislation that actually frankly, on both sides of the aisle, I the crisis of Zika; doesn’t beef up med- is talking about rolling back a tax that know they hear it. The costs are going ical research. was put into the Affordable Care Act. up, premiums and deductibles. We have many priorities. We have What is interesting is that this tax, in Ultimately, we want to provide good, many opportunities. The easiest thing essence, enabled people to be able to quality coverage and health care to in the world to do is come in and try to deduct expenses that were over 7.5 per- families, hardworking taxpayers, and cut taxes, add more deductions, make cent of their adjusted gross income. seniors all across our country. This is a changes, particularly if we are not Think about that. That is a pretty size- commonsense, bipartisan piece of legis- going to pay for those changes, if we able amount of resources. lation. are just going to add to the deficit So as of 2013, Mr. Speaker, the Af- Mr. Speaker, I urge my colleagues to greater borrowing for the future. fordable Care Act raised the floor of step forward and support this legisla- This is cotton candy. This is not seri- this 7.5 percent to 10 percent. They tion. ous legislation. There are no tradeoffs raised it on individuals—hardworking Mr. LEVIN. Mr. Speaker, I yield 2 involved here. It is just making it out American taxpayers—that are out minutes to the gentlewoman from Ari- of whole cloth, moving forward and let- there that are trying to get by and zona (Ms. SINEMA). ting somebody else bear the con- make ends meet to provide a better life Ms. SINEMA. Mr. Speaker, I thank sequences. I don’t think that is what for their family. Congressman LEVIN for yielding, and I we should be doing. I do think there Currently, seniors age 65 and older thank Congresswoman MCSALLY for are people who are serious about reduc- still are able to deduct those that are working with me on introducing this ing the deficit. I think there are people above 7.5 percent of the adjusted gross bipartisan legislation. who are serious about improving income. But that is not going to be for Mr. Speaker, I rise today in support health care for the American people. very long because, beginning in 2017, of H.R. 3590, the Halt Tax Increases on There are people who are deadly seri- they are also going to lose that ability, the Middle Class and Seniors Act. ous about dealing with the Zika crisis. and it is going to go up to 10 percent. As the cost of health care shifts onto There are things that we could be Here is why that seemingly very households, Congress must act to make doing cooperatively to make things small change is a big problem. Individ- sure that hardworking families can better and focus on priorities. This bill uals, families, and seniors claiming make ends meet. This bill provides is not that. This bill is cotton candy, this deduction are already spending a commonsense and needed relief for unpaid for; cut taxes and let the con- large amount of resources of their per- hardworking Arizona families. It low- sequences fall to somebody else. sonal income on medical bills. Those ers the adjusted gross income threshold I think we can do better. I hope we do who depend on this deduction most for claiming the medical expense de- better. I hope people get this out of often have complex, high-cost health duction back to 7.5 percent and pre- their system and make their point. I conditions. vents a looming tax hike on Arizona understand it. In a perfect world, there The bill in front of us today will fix seniors. are things that we would have done dif- the Affordable Care Act’s counter- According to a 2014 CRS report, med- ferently. productive tax increase that has al- ical expenses are the second largest de- ready been imposed on individuals and duction for taxpayers with adjusted b 1600 families, and it will protect seniors gross incomes of under $50,000. Middle- Mr. TIBERI. Mr. Speaker, I have from facing the same tax increase by income families who itemize deduc- great affection for my colleague from permanently allowing everyone to de- tions are more likely and more able to Oregon as well, but today we are mak- duct qualified medical expenses above claim this deduction than high-income ing this piece of legislation, this thing the pre-ACA level, the Affordable Care earners. called the Affordable Care Act, better. Act level, of 7.5 percent. According to 2014 IRS data, 98 per- In fact, JCT says that, in 10 years, This isn’t cotton candy, I hope. I cer- cent of those claiming this deduction nearly 10 million households in Amer- tainly hope this isn’t cotton candy, as have incomes less than $200,000, and 84 ica will be paying this new tax—again, my friend from Oregon said. This is a percent claiming this deduction make

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.059 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5384 CONGRESSIONAL RECORD — HOUSE September 13, 2016 less than $100,000 a year. More than Mr. MCCARTHY. Mr. Speaker, I pert on healthcare policy, due to his half of those who claim this deduction thank the gentleman for yielding. life’s work as a physician. earn less than $55,000 a year. So if we Mr. Speaker, I want to thank the Mr. BOUSTANY. Mr. Speaker, I talk dollars, 94 percent of the dollars gentleman for his work in this House thank Chairman TIBERI for yielding that go back to hardworking families and for the American people. time to me. to cover medical expenses went to fil- Mr. Speaker, many words have been Mr. Speaker, I rise in strong support ers who earn under $200,000 a year. said on this floor about ObamaCare, of the Halt Tax Increases on the Middle While the annual growth in about losing doctors and insurance, Class and Seniors Act. This is a critical healthcare spending has slowed to his- about losing jobs and hours at work, piece of legislation that addresses torically low rates, the out-of-pocket and about premium increases and one—just one—of many contradictory costs for hardworking families con- deductibles so high it makes insurance and damaging provisions of tinue to rise. This legislation provides nearly worthless. ObamaCare. modest relief for middle class families Do you know what? It is all true. ObamaCare was passed in 2009 in a and seniors, and that is why it is ObamaCare only makes worse two of very partisan way, and we have seen strongly supported by the AARP. the biggest problems holding America steady increases in health insurance Again, Mr. Speaker, I thank my col- back: jobs and cost of living. For Amer- premium rates, double-digit increases league from Arizona for her bipartisan ica to succeed, we need good-paying year upon year, as well as out-of-pock- work on this bill, and I urge my col- jobs for people to make ends meet, and et deductible costs that Americans leagues to support H.R. 3590. we need costs for services like health must cover before their health insur- Mr. TIBERI. Mr. Speaker, I yield 2 care to be low enough so people can af- ance coverage even kicks in. Now, we minutes to the gentlewoman from Ten- ford it. have to do something about this. nessee (Mrs. BLACK), who is a leader on I have spoken too many times, Mr. Unfortunately, many American fami- the Ways and Means Committee on Speaker, on how ObamaCare is hurting lies have had to forgo the ability to de- healthcare issues. job growth and keeping people from duct the majority of their total med- Mrs. BLACK. Mr. Speaker, I thank full employment. I wish I didn’t have ical expenses since 2013 when this the gentleman for yielding. to keep talking about it, but as long as ObamaCare provision took effect for Mr. Speaker, I rise today in strong people continue to be hurt by this law, those under age 65. Yet to make mat- support of the Halt Tax Increases on they need a voice. With insurers drop- ters worse, on January 1, 2017, Amer- the Middle Class and Seniors Act, and ping out of the marketplace in droves, ica’s cash-strapped seniors will also be I thank the sponsor, Ms. MCSALLY, for insurance premiums are going up, some hit with this harmful provision. her work on this important legislation. by as much as 50 percent more than the Today, more than 56 percent of those Under ObamaCare, more Americans year before. claiming the medical expense deduc- have been pushed into high deductible On top of that, before ObamaCare, tion are aged 65 or older. This is puni- plans that force them to incur massive the rule was that if you spent 7.5 per- tive. This is damaging. It is destruc- out-of-pocket costs before insurance cent of your income on medical ex- tive, and it is unacceptable. kicks in. Yet, just as Americans are penses, you could start deducting how- b 1615 shelling out more for health costs, ever much you paid above that from ObamaCare upped the amount of your taxes. The idea was that, if you That is why I stand in support of money you have to spend on medical are really sick, the last thing you need Representative MCSALLY’s critical expenses in order to qualify for a tax is government making your medical piece of legislation, which will afford deduction. costs even more difficult. American families and seniors a small Seniors initially got a reprieve from Well, I am sure you will be surprised, measure of the financial relief they this ObamaCare tax hike, but that ends but ObamaCare wasn’t happy with low- desperately need right now. For people next year. This means that, on top of ering your taxes, so they moved it up. on a fixed income this is difficult. We dealing with ObamaCare’s cuts to President Obama and the Democrats in should be doing everything we can to Medicare, the harmful medical device this Congress that passed this terrible help them and not hurt them and espe- tax, and the looming threat of the bill raised taxes on the sickest people cially protect them from the ravaging law’s Independent Payment Advisory in America, those who spend the most consequences of this horrible law that Board—or, commonly called, IPAB— on medical expenses. has devastated and really wrecked our seniors will also be forced to adjust to Now, I don’t understand how they health care system. a new tax rule that hits them right in could accept this. I know they didn’t I urge my colleagues to join me in their pocketbook. This is yet another read the bill before they passed it, but supporting this important bill, and I example of how the President’s now they can try to do something urge passage. healthcare law hurts the very people about it. They can make one thing Mr. LEVIN. Mr. Speaker, I yield my- that it pretends to help. right. MARTHA MCSALLY’s bill today, self such time as I may consume. Mr. Speaker, I have always said that, part of the House’s Better Way agenda, I think we are fortunate that the ma- until we can repeal and replace brings that threshold back down to jority leader spoke. It is very clear ObamaCare altogether, we must act to where it was before, 7.5 percent. from his remarks what this is all ease the damage of this law wherever Now, it doesn’t solve the problem, about, at least in good measure, or I possible. That is why I am supporting but at least it gives the American peo- should say bad measure. today’s legislation. ple a break. Seniors and the middle This is another effort to attack ACA, This bill repeals the ObamaCare tax class, those facing the highest medical the healthcare reform bill. Let me just increase and reinstates the previous bills, will all finally get some relief. mention the latest information we threshold of medical expenses as a por- Frankly, Mr. Speaker, I don’t see have about ACA that came out in to- tion of income that qualify for a tax how anyone in this body can be against day’s Census report. Prior to the ACA, deduction. It just makes sense that, if this. We all know ObamaCare is failing. there were nearly 50 million uninsured Americans are already paying more for We all know the American people and in the United States. That was dis- their health expenses, Washington our country can’t afford this law. So graceful, and the Republicans twiddled shouldn’t pile on with a tax hike to let’s pass this bill and help those that their thumbs while those uninsured re- make matters worse. need it the most. mained uninsured. Mr. Speaker, I urge a ‘‘yes’’ vote on Mr. LEVIN. I reserve the balance of That number dropped to 29 million in this bill. my time, Mr. Speaker. 2015. The uninsured rate fell sharply in Mr. LEVIN. Mr. Speaker, I reserve Mr. TIBERI. Mr. Speaker, I yield 2 2015 from 10.4 percent to 9.1 percent. the balance of my time. minutes to the gentleman from Lou- Four million fewer Americans were un- Mr. TIBERI. Mr. Speaker, I yield 1 isiana (Mr. BOUSTANY). Dr. BOUSTANY is insured in 2015 than in 2014—4 million— minute to the gentleman from Cali- the Tax Policy Subcommittee chair- and it was the fifth straight year the fornia (Mr. MCCARTHY), our majority man of the Ways and Means Com- uninsured rate has fallen since health leader. mittee, but more importantly, an ex- reform’s enactment in 2010.

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.060 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5385 The bill, in terms of this provision, less. That is an update that I haven’t The SPEAKER pro tempore. Pursu- has been in effect for nonseniors for heard from the other side. Paying for ant to clause 8 of rule XX, this 15- several years. It won’t go into effect as it. Picking away at it. minute vote on passage of the bill will to seniors until next year. If there is a In December of 2015, just last year, be followed by 5-minute votes on the need to look at ACA, it can be done this Congress voted in a bipartisan way motion to suspend the rules and pass next year. Why the rush here? It is be- to delay the medical device tax, to H.R. 5587 and the motion to suspend cause we are just a couple of months delay the excise tax on high cost em- the rules and agree to H. Res. 729. away from an election. ployer health care plans, known as the The vote was taken by electronic de- I want to say one thing about the Cadillac tax, delay the tax on health vice, and there were—yeas 261, nays balance here in terms of this provision. insurance, none of it paid for, and, oh, 147, not voting 23, as follows: If you look at the information that we by the way, signed by President Barack [Roll No. 502] received from the Joint Tax Com- Obama. mittee on the distributional effect, Ladies and gentlemen watching YEAS—261 here is what it would look like in 2024. today—Bob and Betty Buckeye in Abraham Gohmert Mulvaney This bill would provide less than $100 Ohio—this must be a surreal debate Aderholt Goodlatte Murphy (FL) Aguilar Gosar Murphy (PA) million in tax relief for those earning that you are listening to. Yes, this Re- Allen Gowdy Neugebauer less than $40,000, while providing over publican bill, sponsored by MARTHA Amash Graham Newhouse $2.7 billion in tax relief for those earn- MCSALLY, was first introduced by a Amodei Granger Noem Ashford Graves (GA) Nolan ing over $100,000. That shows another Democrat last session of Congress, a Babin Graves (LA) Norcross real problem with this bill. Democrat from Arizona. But yet, Barletta Graves (MO) Nugent I want to close by just talking about today, someone will make this par- Barr Griffith Nunes the lack of any kind of perspective, any tisan. Barton Grothman Olson Benishek Hanna Palmer kind of balance, and any real sensi- That is unfortunate to the 3.8 million Bera Hardy Pascrell tivity. Essentially, this House majority households, Mr. Speaker, who would be Bilirakis Harper Paulsen is saying this: pay-for money for Zika, positively impacted by this bill if it be- Bishop (MI) Harris Pearce Bishop (UT) Hartzler Perry pay for it; pay-for money for the people came law this year, or the 10 million Black Heck (NV) Peters of Flint; pay-for money to carry out households, most of whom are middle Blackburn Hensarling Peterson and implement opioid legislation. But class and low-income. That is why the Blum Herrera Beutler Pittenger don’t pay for this tax bill, don’t pay for AARP supports this bill. Bost Hice, Jody B. Pitts Boustany Hill Poe (TX) it—$33 billion. This is about commonsense legisla- Brady (TX) Holding Poliquin All of this shows the bankruptcy of tion. This is about helping regular peo- Brat Hudson Pompeo the House majority, bankrupt in terms ple. This is about fixing a problem Bridenstine Huelskamp Posey of sensitivity to an action for the over- Brooks (AL) Huizenga (MI) Price, Tom within the Affordable Care Act, which Brooks (IN) Hultgren Ratcliffe whelming needs of the people of this has been bipartisan until today, appar- Brownley (CA) Hunter Reichert country, whether it is Zika, whether it ently. Buchanan Hurd (TX) Renacci is the opioid epidemic, whether it is With healthcare costs continuing to Buck Hurt (VA) Rice (SC) Bucshon Issa Rigell Flint, or other issues. And also in rise, Mr. Speaker, Congresswoman Burgess Jenkins (KS) Roby terms of bankruptcy just spiraling this MARTHA MCSALLY takes a step in the Byrne Jenkins (WV) Roe (TN) Nation towards more and more debt, a right direction with this bill by pro- Calvert Johnson (OH) Rogers (AL) party that once said it cared but, once viding relief from ObamaCare taxes. Carter (GA) Jolly Rogers (KY) Carter (TX) Jordan Rohrabacher again, just goes forth recklessly. Among all of the harmful policies in- Chabot Joyce Rokita I urge very much that we vote ‘‘no’’ cluded in the President’s health care Chaffetz Katko Rooney (FL) on this. We are going through the mo- law, this one is really unsettling be- Clawson (FL) Kelly (MS) Ros-Lehtinen Coffman Kelly (PA) Roskam tions, but motions that are very ill- cause it targets our sickest Americans Cohen King (IA) Ross conceived and motions that will be and our seniors. Cole King (NY) Rothfus reckless if ever carried out. That will The only way you benefit from this is Collins (GA) Kinzinger (IL) Rouzer not happen because the Senate will not if you have thousands of dollars of out- Collins (NY) Kline Royce Comstock Knight Ruiz act, and it will not happen because if of-pocket costs. We could strive to Conaway Kuster Ruppersberger the Senate ever did, the President make it easier for these people, most of Cook Labrador Russell would veto and his veto would be sus- whom are middle- and low-income, to Costello (PA) LaHood Salmon Courtney LaMalfa Sanford tained. afford their complex and expensive Cramer Lamborn Scalise I yield back the balance of my time. care. But instead, the Affordable Care Crawford Lance Schweikert Mr. TIBERI. Mr. Speaker, I yield my- Act makes it more difficult. This is Crenshaw Larson (CT) Scott, Austin self such time as I may consume. easy. This shouldn’t be partisan. This Cuellar Latta Sensenbrenner Culberson Lipinski Sessions Let’s go through the latest of the is common sense. Curbelo (FL) LoBiondo Shimkus ACA. I concur. More Americans have Join me, Congresswoman MCSALLY, Davidson Long Shuster insurance today. Many have it through and groups like the AARP in sup- Davis, Rodney Loudermilk Simpson Medicaid. In my State, we tried to Delaney Love Sinema porting this commonsense legislation DeLauro Lucas Smith (MO) apply for a Medicaid waiver program to help our most vulnerable. Denham Luetkemeyer Smith (NE) that the administration denied. In my I yield back the balance of my time. Dent Lujan Grisham Smith (NJ) district, there are people who have The SPEAKER pro tempore. All time DeSantis (NM) Smith (TX) Diaz-Balart Lummis Stefanik Medicaid today, but that doesn’t mean for debate has expired. Dold MacArthur Stewart they have better health care. Pursuant to House Resolution 858, Donovan Marchant Stivers In fact, you could have insurance, the previous question is ordered on the Duffy Marino Stutzman but not have access to your doctor. bill, as amended. Duncan (SC) Massie Thompson (PA) Duncan (TN) McCarthy Thornberry You can have insurance, but not have The question is on the engrossment Ellmers (NC) McCaul Tiberi access to the hospital where your doc- and third reading of the bill. Emmer (MN) McClintock Tipton tor practices. That is an increasing The bill was ordered to be engrossed Esty McHenry Trott problem throughout my district. You Farenthold McKinley Turner and read a third time, and was read the Fitzpatrick McMorris Upton could have insurance, but the deduct- third time. Fleischmann Rodgers Valadao ible is too high. You could have insur- The SPEAKER pro tempore. The Fleming McSally Wagner ance, but the premiums are going up. question is on the passage of the bill. Flores Meadows Walberg Forbes Meehan Walden In fact, the average proposed rate The question was taken; and the Fortenberry Messer Walker hike in the individual market is 24.3 Speaker pro tempore announced that Foxx Mica Walorski percent. In the 17 States that have ap- the ayes appeared to have it. Franks (AZ) Miller (FL) Walters, Mimi proved final rates for next year, the av- Mr. LEVIN. Mr. Speaker, on that I Frelinghuysen Miller (MI) Walz Garrett Moolenaar Weber (TX) erage increase is 26 percent. You are demand the yeas and nays. Gibbs Mooney (WV) Webster (FL) paying more oftentimes and getting The yeas and nays were ordered. Gibson Mullin Wenstrup

VerDate Sep 11 2014 02:04 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.081 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5386 CONGRESSIONAL RECORD — HOUSE September 13, 2016 Westerman Womack Young (IA) The SPEAKER pro tempore. The McSally Rice (NY) Swalwell (CA) Westmoreland Woodall Young (IN) question is on the motion offered by Meadows Rice (SC) Takano Williams Yoder Zeldin Meehan Richmond Thompson (CA) Wilson (SC) Yoho Zinke the gentleman from Pennsylvania (Mr. Messer Rigell Thompson (MS) Wittman Young (AK) THOMPSON) that the House suspend the Mica Roby Thompson (PA) Miller (FL) Roe (TN) NAYS—147 rules and pass the bill, as amended. Thornberry Miller (MI) Rogers (AL) Tiberi Adams Fudge Nadler This is a 5-minute vote. Moolenaar Rogers (KY) Tipton Bass Gabbard Napolitano The vote was taken by electronic de- Mooney (WV) Rohrabacher Titus Beatty Gallego Neal Moore Rokita Tonko vice, and there were—yeas 405, nays 5, Moulton Rooney (FL) Becerra Garamendi O’Rourke Torres not voting 21, as follows: Mullin Ros-Lehtinen Beyer Grayson Pallone Trott Mulvaney Roskam Bishop (GA) Green, Al Perlmutter [Roll No. 503] Tsongas Blumenauer Green, Gene Murphy (FL) Ross Pingree Turner Bonamici Grijalva Murphy (PA) Rothfus Pocan YEAS—405 Upton Boyle, Brendan Gutie´rrez Nadler Rouzer Polis Abraham Curbelo (FL) Honda Valadao F. Hahn Price (NC) Napolitano Roybal-Allard Brown (FL) Hastings Adams Davidson Hoyer Neal Royce Van Hollen Quigley Aderholt Davis (CA) Hudson Vargas Bustos Heck (WA) Rangel Neugebauer Ruiz Aguilar Davis, Danny Huelskamp Newhouse Ruppersberger Veasey Butterfield Higgins Ribble Allen Davis, Rodney Huffman Noem Russell Vela Capps Himes Rice (NY) Amodei DeFazio Huizenga (MI) Nolan Ryan (OH) Vela´ zquez Capuano Honda Richmond Ca´ rdenas Hoyer Ashford DeGette Hultgren Norcross Salmon Visclosky Roybal-Allard Carney Huffman Babin Delaney Hunter Nugent Sa´ nchez, Linda Wagner Ryan (OH) Carson (IN) Jackson Lee Barletta DeLauro Hurd (TX) Nunes T. Walberg Sa´ nchez, Linda Cartwright Jeffries Barr DelBene Hurt (VA) O’Rourke Sanchez, Loretta Walden T. Castor (FL) Johnson (GA) Barton Denham Issa Olson Sanford Walker Sanchez, Loretta Castro (TX) Johnson, E. B. Bass Dent Jackson Lee Pallone Sarbanes Walorski Sarbanes Beatty DeSantis Jeffries Chu, Judy Jones Palmer Scalise Walters, Mimi Schakowsky Becerra DeSaulnier Jenkins (KS) Clark (MA) Kaptur Pascrell Schakowsky Walz Schrader Benishek Deutch Jenkins (WV) Clarke (NY) Keating Paulsen Schrader Wasserman Scott (VA) Bera Diaz-Balart Johnson (GA) Clay Kelly (IL) Pearce Schweikert Schultz Serrano Beyer Dingell Johnson (OH) Cleaver Kennedy Perlmutter Scott (VA) Waters, Maxine Sherman Bilirakis Doggett Johnson, E. B. Clyburn Kildee Perry Scott, Austin Watson Coleman Sires Bishop (GA) Dold Jolly Connolly Kilmer Peters Scott, David Weber (TX) Slaughter Bishop (MI) Donovan Jordan Conyers Kind Peterson Sensenbrenner Webster (FL) Smith (WA) Bishop (UT) Doyle, Michael Joyce Pingree Serrano Cooper Langevin Welch Speier Black F. Kaptur Pittenger Sessions Costa Larsen (WA) Wenstrup Crowley Lawrence Swalwell (CA) Blackburn Duffy Katko Pitts Sherman Westerman Cummings Lee Takano Blum Duncan (SC) Keating Pocan Shimkus Westmoreland Davis (CA) Levin Thompson (CA) Blumenauer Duncan (TN) Kelly (IL) Poe (TX) Shuster Williams Davis, Danny Lewis Thompson (MS) Bonamici Edwards Kelly (MS) Poliquin Simpson Wilson (SC) DeFazio Lieu, Ted Titus Bost Ellison Kelly (PA) Polis Sinema DeGette Loebsack Tonko Boustany Ellmers (NC) Kennedy Pompeo Sires Wittman DelBene Lofgren Torres Boyle, Brendan Emmer (MN) Kildee Posey Slaughter Womack DeSaulnier Lowenthal Tsongas F. Engel Kilmer Price (NC) Smith (MO) Woodall Deutch Lowey Van Hollen Brady (TX) Eshoo Kind Price, Tom Smith (NE) Yarmuth Dingell Lynch Vargas Brat Esty King (IA) Quigley Smith (NJ) Yoder Doggett Maloney, Veasey Bridenstine Farenthold King (NY) Rangel Smith (TX) Yoho Doyle, Michael Carolyn Vela Brooks (AL) Farr Kinzinger (IL) Ratcliffe Smith (WA) Young (AK) F. Maloney, Sean Vela´ zquez Brooks (IN) Fitzpatrick Kline Reed Speier Young (IA) Edwards Matsui Visclosky Brown (FL) Fleischmann Knight Reichert Stefanik Young (IN) Ellison McCollum Wasserman Brownley (CA) Fleming Kuster Renacci Stewart Zeldin Engel McDermott Schultz Buchanan Flores Labrador Ribble Stivers Zinke Waters, Maxine Bucshon Forbes LaHood Eshoo McGovern NAYS—5 Farr McNerney Watson Coleman Burgess Fortenberry LaMalfa Foster Moore Welch Bustos Foster Lamborn Amash Jones Stutzman Frankel (FL) Moulton Yarmuth Butterfield Foxx Lance Buck Massie Byrne Frankel (FL) Langevin NOT VOTING—23 Calvert Franks (AZ) Larsen (WA) NOT VOTING—21 Capps Frelinghuysen Larson (CT) Brady (PA) Israel Payne Brady (PA) Israel Payne Capuano Fudge Latta Cicilline Johnson, Sam Pelosi Cicilline Johnson, Sam Pelosi Ca´ rdenas Gabbard Lawrence DesJarlais Kirkpatrick Reed DesJarlais Kirkpatrick Rush Carney Gallego Lee Duckworth Luja´ n, Ben Ray Rush Duckworth Luja´ n, Ben Ray Carson (IN) Garamendi Levin Schiff Fincher (NM) Schiff Fincher (NM) Carter (GA) Garrett Lewis Sewell (AL) Guinta Meeks Scott, David Guinta Meeks Carter (TX) Gibbs Lieu, Ted Wilson (FL) Guthrie Meng Sewell (AL) Guthrie Meng Cartwright Gibson Lipinski Hinojosa Palazzo Wilson (FL) Hinojosa Palazzo Castor (FL) Gohmert LoBiondo b 1648 Castro (TX) Goodlatte Loebsack b 1655 Chabot Gosar Lofgren Messrs. SIRES and ELLISON Chaffetz Gowdy Long Mr. SANFORD changed his vote from changed their vote from ‘‘yea’’ to Chu, Judy Graham Loudermilk ‘‘nay’’ to ‘‘yea.’’ Clark (MA) Granger Love So (two-thirds being in the affirma- ‘‘nay.’’ Clarke (NY) Graves (GA) Lowenthal Mr. NOLAN changed his vote from Clawson (FL) Graves (LA) Lowey tive) the rules were suspended and the ‘‘nay’’ to ‘‘yea.’’ Clay Graves (MO) Lucas bill, as amended, was passed. So the bill was passed. Cleaver Grayson Luetkemeyer The result of the vote was announced Clyburn Green, Al Lujan Grisham as above recorded. The result of the vote was announced Coffman Green, Gene (NM) as above recorded. Cohen Griffith Lummis A motion to reconsider was laid on A motion to reconsider was laid on Cole Grijalva Lynch the table. Collins (GA) the table. Grothman MacArthur PERSONAL EXPLANATION Collins (NY) Gutie´rrez Maloney, f Comstock Hahn Carolyn Ms. WILSON of Florida. Mr. Speaker, I was Conaway Hanna Maloney, Sean unavoidably detained. Had I been present, I STRENGTHENING CAREER AND Connolly Hardy Marchant would have voted ‘‘nay’’ on rollcall 502 and TECHNICAL EDUCATION FOR THE Conyers Harper Marino ‘‘yea’’ on rollcall 503. 21ST CENTURY ACT Cook Harris Matsui Cooper Hartzler McCarthy f The SPEAKER pro tempore. The un- Costa Hastings McCaul finished business is the vote on the mo- Costello (PA) Heck (NV) McClintock EXPRESSING SUPPORT FOR A NEW tion to suspend the rules and pass the Courtney Heck (WA) McCollum MEMORANDUM OF UNDER- Cramer Hensarling McDermott STANDING ON MILITARY ASSIST- bill (H.R. 5587) to reauthorize the Carl Crawford Herrera Beutler McGovern D. Perkins Career and Technical Edu- Crenshaw Hice, Jody B. McHenry ANCE TO ISRAEL cation Act of 2006, as amended, on Crowley Higgins McKinley The SPEAKER pro tempore. The un- Cuellar Hill McMorris which the yeas and nays were ordered. Culberson Himes Rodgers finished business is the vote on the mo- The Clerk read the title of the bill. Cummings Holding McNerney tion to suspend the rules and agree to

VerDate Sep 11 2014 02:15 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A13SE7.019 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5387 the resolution (H. Res. 729) expressing Larsen (WA) Palmer Sinema A motion to reconsider was laid on support for the expeditious consider- Larson (CT) Pascrell Sires the table. Latta Paulsen Slaughter ation and finalization of a new, robust, Lawrence Pearce Smith (MO) PERSONAL EXPLANATION and long-term Memorandum of Under- Lee Perlmutter Smith (NE) Mr. HINOJOSA. Mr. Speaker, I was un- standing on military assistance to Levin Perry Smith (NJ) Lewis Peters avoidably detained. Had I been present, I Israel between the United States Gov- Smith (TX) Lieu, Ted Peterson Smith (WA) would have voted ‘‘nay’’ on rollcall 502, ‘‘yea’’ ernment and the Government of Israel Lipinski Pingree Speier on rollcall 503, and ‘‘yea’’ on rollcall 504. on which the yeas and nays were or- LoBiondo Pittenger Stefanik Loebsack Pitts f Stewart dered. Lofgren Pocan Stivers REPORT ON RESOLUTION PRO- The Clerk read the title of the resolu- Long Poe (TX) Stutzman Loudermilk Poliquin VIDING FOR CONSIDERATION OF tion. Swalwell (CA) Love Polis H.R. 5351, PROHIBITING THE The SPEAKER pro tempore. The Takano Lowenthal Pompeo TRANSFER OF ANY DETAINEE question is on the motion offered by Lowey Posey Thompson (CA) Thompson (MS) AT UNITED STATES NAVAL STA- the gentleman from California (Mr. Lucas Price (NC) Luetkemeyer Price, Tom Thompson (PA) TION, GUANTANAMO BAY, CUBA, ROYCE) that the House suspend the Lujan Grisham Quigley Thornberry AND PROVIDING FOR CONSIDER- rules and agree to the resolution. Tiberi (NM) Rangel ATION OF H.R. 5226, REGULATORY This is a 5-minute vote. Lummis Ratcliffe Tipton Lynch Reed Titus INTEGRITY ACT OF 2016 The vote was taken by electronic de- Tonko MacArthur Reichert Mr. BYRNE, from the Committee on vice, and there were—yeas 405, nays 4, Maloney, Renacci Torres not voting 22, as follows: Carolyn Ribble Trott Rules, submitted a privileged report Maloney, Sean Rice (NY) Tsongas (Rept. No. 114–744) on the resolution (H. [Roll No. 504] Marchant Rice (SC) Turner Res. 863) providing for consideration of YEAS—405 Marino Richmond Upton Matsui Rigell Valadao the bill (H.R. 5351) to prohibit the Abraham Connolly Granger McCarthy Roby Van Hollen transfer of any individual detained at Adams Conyers Graves (GA) McCaul Roe (TN) Vargas United States Naval Station, Guanta- Aderholt Cook Graves (LA) McClintock Rogers (AL) Veasey namo Bay, Cuba, and providing for con- Aguilar Cooper Graves (MO) McCollum Rogers (KY) Vela Allen Costa Grayson McDermott Rohrabacher Vela´ zquez sideration of the bill (H.R. 5226) to Ashford Costello (PA) Green, Al McGovern Rokita Visclosky amend chapter 3 of title 5, United Babin Courtney Green, Gene McHenry Rooney (FL) Wagner Barletta Cramer Griffith States Code, to require the publication McKinley Ros-Lehtinen Walberg Barr Crawford Grijalva of information relating to pending McMorris Roskam Walden Barton Crenshaw Grothman Rodgers Ross Walker agency regulatory actions, and for Bass Crowley Gutie´rrez McNerney Rothfus other purposes, which was referred to Beatty Cuellar Hahn Walorski McSally Rouzer Walters, Mimi the House Calendar and ordered to be Becerra Culberson Hanna Meadows Roybal-Allard Benishek Cummings Hardy Walz printed. Meehan Royce Wasserman Bera Curbelo (FL) Harper Messer Ruiz Beyer Davidson Harris Schultz f Mica Ruppersberger Waters, Maxine Bilirakis Davis (CA) Hartzler Miller (FL) Russell Watson Coleman DEPARTMENT OF VETERANS AF- Bishop (GA) Davis, Danny Hastings Miller (MI) Ryan (OH) Weber (TX) FAIRS EXPIRING AUTHORITIES Bishop (MI) Davis, Rodney Heck (NV) Moolenaar Salmon Webster (FL) Bishop (UT) DeFazio Heck (WA) Mooney (WV) Sa´ nchez, Linda ACT OF 2016 Welch Black DeGette Hensarling Moore T. Wenstrup Mr. MILLER of Florida. Mr. Speaker, Blackburn Delaney Herrera Beutler Moulton Sanchez, Loretta Blum DeLauro Hice, Jody B. Mullin Sanford Westerman I move to suspend the rules and pass Blumenauer DelBene Higgins Mulvaney Sarbanes Westmoreland the bill (H.R. 5985) to amend title 38, Bonamici Denham Hill Murphy (FL) Scalise Williams United States Code, to extend certain Bost Dent Himes Wilson (FL) Murphy (PA) Schakowsky expiring provisions of law administered Boustany DeSantis Holding Nadler Schrader Wilson (SC) Boyle, Brendan DeSaulnier Honda Napolitano Schweikert Wittman by the Secretary of Veterans Affairs, F. Deutch Hoyer Neugebauer Scott (VA) Womack and for other purposes, as amended. Brady (TX) Diaz-Balart Hudson Newhouse Scott, Austin Woodall The Clerk read the title of the bill. Brat Dingell Huelskamp Noem Scott, David Yarmuth Bridenstine Doggett Huffman Nolan Sensenbrenner Yoder The text of the bill is as follows: Brooks (AL) Dold Huizenga (MI) Norcross Serrano Yoho H.R. 5985 Brooks (IN) Donovan Hultgren Nugent Sessions Young (AK) Be it enacted by the Senate and House of Rep- Brown (FL) Doyle, Michael Hunter Young (IA) Nunes Sherman resentatives of the United States of America in Brownley (CA) F. Hurd (TX) O’Rourke Shimkus Young (IN) Buchanan Duffy Hurt (VA) Olson Shuster Zeldin Congress assembled, Buck Duncan (SC) Issa Pallone Simpson Zinke SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Bucshon Edwards Jackson Lee (a) SHORT TITLE.—This Act may be cited as Burgess Ellison Jeffries NAYS—4 Bustos Ellmers (NC) Jenkins (KS) the ‘‘Department of Veterans Affairs Expir- Amash Jones ing Authorities Act of 2016’’. Butterfield Emmer (MN) Jenkins (WV) Duncan (TN) Massie Byrne Engel Johnson (GA) (b) TABLE OF CONTENTS.—The table of con- Calvert Eshoo Johnson (OH) NOT VOTING—22 tents for this Act is as follows: Capps Esty Johnson, E. B. Amodei Hinojosa Neal Sec. 1. Short title; table of contents. Capuano Farenthold Jolly Brady (PA) Israel Ca´ rdenas Farr Jordan Palazzo Sec. 2. References to title 38, United States Cicilline Johnson, Sam Carney Fitzpatrick Joyce Payne Code. DesJarlais Kirkpatrick Carson (IN) Fleischmann Kaptur Pelosi Sec. 3. Scoring of budgetary effects. Duckworth Luja´ n, Ben Ray Carter (GA) Fleming Katko Rush Fincher (NM) TITLE I—EXTENSIONS OF AUTHORITY Carter (TX) Flores Keating Schiff Guinta Meeks RELATING TO HEALTH CARE Cartwright Forbes Kelly (IL) Sewell (AL) Guthrie Meng Castor (FL) Fortenberry Kelly (MS) Sec. 101. Extension of authority for collec- Castro (TX) Foster Kelly (PA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tion of copayments for hospital Chabot Foxx Kennedy The SPEAKER pro tempore (during care and nursing home care. Chaffetz Frankel (FL) Kildee Sec. 102. Extension of requirement to pro- Chu, Judy Franks (AZ) Kilmer the vote). There are 2 minutes remain- vide nursing home care to cer- Clark (MA) Frelinghuysen Kind ing. Clarke (NY) Fudge King (IA) tain veterans with service-con- Clawson (FL) Gabbard King (NY) nected disabilities. Clay Gallego Kinzinger (IL) b 1703 Sec. 103. Extension of authorization of ap- Cleaver Garamendi Kline Mr. CARSON of Indiana changed his propriations for assistance and Clyburn Garrett Knight support services for caregivers. Coffman Gibbs Kuster vote from ‘‘present’’ to ‘‘yea.’’ So (two-thirds being in the affirma- Sec. 104. Extension of authority for recovery Cohen Gibson Labrador from third parties of cost of Cole Gohmert LaHood tive) the rules were suspended and the care and services furnished to Collins (GA) Goodlatte LaMalfa resolution was agreed to. Collins (NY) Gosar Lamborn veterans with health-plan con- Comstock Gowdy Lance The result of the vote was announced tracts for non-service-con- Conaway Graham Langevin as above recorded. nected disability.

VerDate Sep 11 2014 02:15 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0655 E:\CR\FM\K13SE7.068 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5388 CONGRESSIONAL RECORD — HOUSE September 13, 2016 Sec. 105. Extension of authority for pilot Sec. 405. Extension of authorization of ap- (1) in paragraph (2), by striking ‘‘and’’; program on assistance for child propriations for adaptive sports (2) in paragraph (3), by striking the period care for certain veterans receiv- programs for disabled veterans at the end and inserting ‘‘; and’’; and ing health care. and members of the Armed (3) by adding at the end the following new Sec. 106. Extension of authority to make Forces. paragraph: grants to veterans service orga- Sec. 406. Extension of authority for Advi- ‘‘(4) $734,628,000 for fiscal year 2017.’’. nizations for transportation of sory Committee on Minority SEC. 104. EXTENSION OF AUTHORITY FOR RECOV- highly rural veterans. Veterans. ERY FROM THIRD PARTIES OF COST Sec. 107. Extension of authority for pilot Sec. 407. Modification to authorization of OF CARE AND SERVICES FURNISHED program on counseling in re- appropriations for comprehen- TO VETERANS WITH HEALTH-PLAN treat settings for women vet- sive service programs for home- CONTRACTS FOR NON-SERVICE-CON- erans newly separated from less veterans. NECTED DISABILITY. Section 1729(a)(2)(E) is amended, in the service. Sec. 408. Extension of authority for tem- Sec. 108. Extension of deadline for report on porary expansion of eligibility matter preceding clause (i), by striking ‘‘Oc- pilot program on use of commu- for specially adapted housing tober 1, 2016’’ and inserting ‘‘October 1, 2017’’. nity-based organizations and assistance for certain veterans SEC. 105. EXTENSION OF AUTHORITY FOR PILOT with disabilities causing dif- PROGRAM ON ASSISTANCE FOR local and State government en- CHILD CARE FOR CERTAIN VET- tities to ensure that veterans ficulty ambulating. ERANS RECEIVING HEALTH CARE. Sec. 409. Extension of authority for specially receive care and benefits for (a) EXTENSION OF AUTHORITY.—Subsection which they are eligible. adapted housing assistive tech- (e) of section 205 of the Caregivers and Vet- TITLE II—EXTENSIONS OF AUTHORITY nology grant program. erans Omnibus Health Services Act of 2010 Sec. 410. Extension of authority to guar- RELATING TO BENEFITS (Public Law 111–163; 124 Stat. 1144; 38 U.S.C. antee payment of principal and Sec. 201. Extension of authority for the Vet- 1710 note) is amended by striking ‘‘December interest on certificates or other 31, 2016’’ and inserting ‘‘December 31, 2017’’. erans’ Advisory Committee on securities. Education. (b) AUTHORIZATION OF APPROPRIATIONS.— Sec. 411. Extension of authority to enter Subsection (h) of such section is amended by Sec. 202. Extension of authority for calcu- into agreement with the Na- lating net value of real prop- striking ‘‘and 2016’’ and inserting ‘‘2016, and tional Academy of Sciences re- 2017’’. erty at time of foreclosure. garding associations between Sec. 203. Extension of authority relating to SEC. 106. EXTENSION OF AUTHORITY TO MAKE diseases and exposure to dioxin GRANTS TO VETERANS SERVICE OR- vendee loans. and other chemical compounds Sec. 204. Extension of authority to provide GANIZATIONS FOR TRANSPOR- in herbicides. TATION OF HIGHLY RURAL VET- rehabilitation and vocational Sec. 412. Extension of authority for perform- ERANS. benefits to members of the ance of medical disabilities ex- Section 307(d) of the Caregivers and Vet- Armed Forces with severe inju- aminations by contract physi- erans Omnibus Health Services Act of 2010 ries or illnesses. cians. (Public Law 111–163; 124 Stat. 1154; 38 U.S.C. TITLE III—EXTENSIONS OF AUTHORITY Sec. 413. Restoration of prior reporting fee 1710 note) is amended by striking ‘‘2016’’ and RELATING TO HOMELESS VETERANS multipliers. inserting ‘‘2017’’. Sec. 301. Extension of authority for home- Sec. 414. Extension of requirement for an- SEC. 107. EXTENSION OF AUTHORITY FOR PILOT less veterans reintegration pro- nual report on Department of PROGRAM ON COUNSELING IN RE- grams. Defense-Department of Vet- TREAT SETTINGS FOR WOMEN VET- Sec. 302. Extension of authority for home- erans Affairs Interagency Pro- ERANS NEWLY SEPARATED FROM SERVICE. less women veterans and home- gram Office. Sec. 415. Extension of authority to approve (a) EXTENSION.—Subsection (d) of section less veterans with children re- 203 of the Caregivers and Veterans Omnibus integration program. courses of education in cases of withdrawal of recognition of ac- Health Services Act of 2010 (Public Law 111– Sec. 303. Extension of authority for referral 163; 124 Stat. 1143; 38 U.S.C. 1712A) is amend- and counseling services for vet- crediting agency by Secretary of Education. ed by striking ‘‘December 31, 2016’’ and in- erans at risk of homelessness serting ‘‘December 31, 2017’’. SEC. 2. REFERENCES TO TITLE 38, UNITED transitioning from certain in- (b) AUTHORIZATION OF APPROPRIATIONS.— stitutions. STATES CODE. Except as otherwise expressly provided, Subsection (f) of such section is amended by Sec. 304. Extension of authority to provide striking ‘‘and 2016’’ and inserting ‘‘2016, and whenever in this Act an amendment or re- housing assistance for homeless 2017’’. veterans. peal is expressed in terms of an amendment to, or repeal of, a section or other provision, SEC. 108. EXTENSION OF DEADLINE FOR REPORT Sec. 305. Extension and modification of au- ON PILOT PROGRAM ON USE OF thority to provide financial as- the reference shall be considered to be made COMMUNITY-BASED ORGANIZA- sistance for supportive services to a section or other provision of title 38, TIONS AND LOCAL AND STATE GOV- for very low-income veteran United States Code. ERNMENT ENTITIES TO ENSURE families in permanent housing. SEC. 3. SCORING OF BUDGETARY EFFECTS. THAT VETERANS RECEIVE CARE Sec. 306. Extension of authority for grant The budgetary effects of this Act, for the AND BENEFITS FOR WHICH THEY program for homeless veterans purpose of complying with the Statutory ARE ELIGIBLE. Section 506(g)(1) of the Caregivers and Vet- with special needs. Pay-As-You-Go Act of 2010, shall be deter- erans Omnibus Health Services Act of 2010 Sec. 307. Extension of authority for the Ad- mined by reference to the latest statement (Public Law 111–163; 38 U.S.C. 523 note) is visory Committee on Homeless titled ‘‘Budgetary Effects of PAYGO Legisla- amended by striking ‘‘180 days after the com- Veterans. tion’’ for this Act, submitted for printing in pletion of the pilot program’’ and inserting Sec. 308. Extension of authority for treat- the Congressional Record by the Chairman of ‘‘September 30, 2017’’. ment and rehabilitation serv- the House Budget Committee, provided that ices for seriously mentally ill such statement has been submitted prior to TITLE II—EXTENSIONS OF AUTHORITY and homeless veterans. the vote on passage. RELATING TO BENEFITS TITLE IV—OTHER EXTENSIONS AND TITLE I—EXTENSIONS OF AUTHORITY SEC. 201. EXTENSION OF AUTHORITY FOR THE RELATING TO HEALTH CARE VETERANS’ ADVISORY COMMITTEE MODIFICATIONS OF AUTHORITY AND ON EDUCATION. OTHER MATTERS SEC. 101. EXTENSION OF AUTHORITY FOR COL- Section 3692(c) is amended by striking ‘‘De- Sec. 401. Extension of authority for trans- LECTION OF COPAYMENTS FOR HOS- cember 31, 2016’’ and inserting ‘‘December 31, portation of individuals to and PITAL CARE AND NURSING HOME CARE. 2017’’. from Department facilities. Section 1710(f)(2)(B) is amended by striking SEC. 202. EXTENSION OF AUTHORITY FOR CALCU- Sec. 402. Extension of authority for oper- ‘‘September 30, 2016’’ and inserting ‘‘Sep- LATING NET VALUE OF REAL PROP- ation of the Department of Vet- ERTY AT TIME OF FORECLOSURE. tember 30, 2017’’. erans Affairs regional office in Section 3732(c)(11) is amended by striking Manila, the Republic of the SEC. 102. EXTENSION OF REQUIREMENT TO PRO- ‘‘October 1, 2016’’ and inserting ‘‘October 1, VIDE NURSING HOME CARE TO CER- Philippines. TAIN VETERANS WITH SERVICE-CON- 2017’’. Sec. 403. Extension of authority for monthly NECTED DISABILITIES. SEC. 203. EXTENSION OF AUTHORITY RELATING assistance allowances under the Section 1710A(d) is amended by striking TO VENDEE LOANS. Office of National Veterans ‘‘December 31, 2016’’ and inserting ‘‘Decem- Section 3733(a)(7) is amended— Sports Programs and Special ber 31, 2017’’. (1) in the matter preceding subparagraph Events. SEC. 103. EXTENSION OF AUTHORIZATION OF AP- (A), by striking ‘‘September 30, 2016’’ and in- Sec. 404. Extension of requirement to pro- PROPRIATIONS FOR ASSISTANCE serting ‘‘September 30, 2017’’; and vide reports to Congress regard- AND SUPPORT SERVICES FOR CARE- (2) in subparagraph (C), by striking ‘‘Sep- ing equitable relief in the case GIVERS. tember 30, 2016,’’ and inserting ‘‘September of administrative error. Section 1720G(e) is amended— 30, 2017,’’.

VerDate Sep 11 2014 02:15 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A13SE7.024 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5389 SEC. 204. EXTENSION OF AUTHORITY TO PRO- SEC. 403. EXTENSION OF AUTHORITY FOR SEC. 414. EXTENSION OF REQUIREMENT FOR AN- VIDE REHABILITATION AND VOCA- MONTHLY ASSISTANCE ALLOW- NUAL REPORT ON DEPARTMENT OF TIONAL BENEFITS TO MEMBERS OF ANCES UNDER THE OFFICE OF NA- DEFENSE-DEPARTMENT OF VET- THE ARMED FORCES WITH SEVERE TIONAL VETERANS SPORTS PRO- ERANS AFFAIRS INTERAGENCY PRO- INJURIES OR ILLNESSES. GRAMS AND SPECIAL EVENTS. GRAM OFFICE. Section 1631(b)(2) of the Wounded Warrior Section 322(d)(4) is amended by striking Section 1635(h)(1) of the National Defense Act (title XVI of Public Law 110–181; 122 ‘‘2016’’ and inserting ‘‘2017’’. Authorization Act for Fiscal Year 2008 (Pub- lic Law 110–181; 10 U.S.C. 1071 note) is amend- Stat. 458; 10 U.S.C. 1071 note) is amended by SEC. 404. EXTENSION OF REQUIREMENT TO PRO- striking ‘‘December 31, 2016’’ and inserting VIDE REPORTS TO CONGRESS RE- ed by striking ‘‘2016’’ and inserting ‘‘2017’’. ‘‘December 31, 2017’’. GARDING EQUITABLE RELIEF IN SEC. 415. EXTENSION OF AUTHORITY TO AP- THE CASE OF ADMINISTRATIVE PROVE COURSES OF EDUCATION IN TITLE III—EXTENSIONS OF AUTHORITY ERROR. CASES OF WITHDRAWAL OF REC- RELATING TO HOMELESS VETERANS Section 503(c) is amended by striking ‘‘De- OGNITION OF ACCREDITING AGENCY SEC. 301. EXTENSION OF AUTHORITY FOR HOME- BY SECRETARY OF EDUCATION. cember 31, 2016’’ and inserting ‘‘December 31, Section 3679(a) of title 38, United States LESS VETERANS REINTEGRATION 2017’’. PROGRAMS. Code, is amended— Section 2021(e)(1)(F) is amended by strik- SEC. 405. EXTENSION OF AUTHORIZATION OF AP- (1) by striking ‘‘Any course’’ and inserting PROPRIATIONS FOR ADAPTIVE ing ‘‘2016’’ and inserting ‘‘2017’’. ‘‘(1) Except as provided by paragraph (2), any SPORTS PROGRAMS FOR DISABLED course’’; and SEC. 302. EXTENSION OF AUTHORITY FOR HOME- VETERANS AND MEMBERS OF THE LESS WOMEN VETERANS AND HOME- ARMED FORCES. (2) by adding at the end the following new paragraph: LESS VETERANS WITH CHILDREN Section 521A is amended— REINTEGRATION PROGRAM. ‘‘(2) In the case of a course of education (1) in subsection (g)(1), by striking ‘‘2016’’ that would be subject to disapproval under Section 2021A(f)(1) is amended by striking and inserting ‘‘2017’’; and ‘‘2016’’ and inserting ‘‘2017’’. paragraph (1) solely for the reason that the (2) in subsection (l), by striking ‘‘2016’’ and Secretary of Education withdraws the rec- SEC. 303. EXTENSION OF AUTHORITY FOR REFER- inserting ‘‘2017’’. ognition of the accrediting agency that ac- RAL AND COUNSELING SERVICES SEC. 406. EXTENSION OF AUTHORITY FOR ADVI- FOR VETERANS AT RISK OF HOME- credited the course, the Secretary of Vet- SORY COMMITTEE ON MINORITY LESSNESS TRANSITIONING FROM erans Affairs, in consultation with the Sec- VETERANS. CERTAIN INSTITUTIONS. retary of Education, and notwithstanding Section 544(e) is amended by striking ‘‘De- Section 2023(d) is amended by striking the withdrawal, may continue to treat the cember 31, 2016’’ and inserting ‘‘December 31, ‘‘September 30, 2016’’ and inserting ‘‘Sep- course as an approved course of education 2017’’. tember 30, 2017’’. under this chapter for a period not to exceed SEC. 407. MODIFICATION TO AUTHORIZATION OF 18 months from the date of the withdrawal of SEC. 304. EXTENSION OF AUTHORITY TO PRO- APPROPRIATIONS FOR COMPREHEN- VIDE HOUSING ASSISTANCE FOR recognition of the accrediting agency, unless SIVE SERVICE PROGRAMS FOR HOMELESS VETERANS. the Secretary of Veterans Affairs or the ap- HOMELESS VETERANS. Section 2041(c) is amended by striking propriate State approving agency determines Section 2013(7) is amended by striking ‘‘September 30, 2016’’ and inserting ‘‘Sep- that there is evidence to support the dis- ‘‘$250,000,000’’ and inserting ‘‘$257,700,000’’. approval of the course under this chapter. tember 30, 2017’’. SEC. 408. EXTENSION OF AUTHORITY FOR TEM- The Secretary shall provide to any veteran SEC. 305. EXTENSION AND MODIFICATION OF AU- PORARY EXPANSION OF ELIGIBILITY enrolled in such a course of education notice THORITY TO PROVIDE FINANCIAL FOR SPECIALLY ADAPTED HOUSING of the status of the course of education.’’. ASSISTANCE FOR SUPPORTIVE ASSISTANCE FOR CERTAIN VET- SERVICES FOR VERY LOW-INCOME ERANS WITH DISABILITIES CAUSING The SPEAKER pro tempore (Mr. VETERAN FAMILIES IN PERMANENT DIFFICULTY AMBULATING. HULTGREN). Pursuant to the rule, the HOUSING. Section 2101(a)(4) is amended— gentleman from Florida (Mr. MILLER) Subparagraph (E) of section 2044(e)(1) is (1) in subparagraph (A), by striking ‘‘Sep- and the gentleman from California (Mr. amended to read as follows: tember 30, 2016’’ and inserting ‘‘September TAKANO) each will control 20 minutes. ‘‘(E) $320,000,000 for each of fiscal years 2015 30, 2017’’; and The Chair recognizes the gentleman through 2017.’’. (2) in subparagraph (B), by striking ‘‘2016’’ from Florida. SEC. 306. EXTENSION OF AUTHORITY FOR GRANT and inserting ‘‘2017’’. PROGRAM FOR HOMELESS VET- GENERAL LEAVE ERANS WITH SPECIAL NEEDS. SEC. 409. EXTENSION OF AUTHORITY FOR SPE- Mr. MILLER of Florida. Mr. Speaker, CIALLY ADAPTED HOUSING ASSIST- Section 2061(d)(1) is amended by striking IVE TECHNOLOGY GRANT PROGRAM. I ask unanimous consent that Members ‘‘2016’’ and inserting ‘‘2017’’. Section 2108(g) is amended by striking have 5 legislative days within which to SEC. 307. EXTENSION OF AUTHORITY FOR THE ‘‘September 30, 2016’’ and inserting ‘‘Sep- revise and extend their remarks and ADVISORY COMMITTEE ON HOME- tember 30, 2017’’. add extraneous material on H.R. 5985, LESS VETERANS. as amended. Section 2066(d) is amended by striking ‘‘De- SEC. 410. EXTENSION OF AUTHORITY TO GUAR- ANTEE PAYMENT OF PRINCIPAL AND The SPEAKER pro tempore. Is there cember 31, 2016’’ and inserting ‘‘December 31, INTEREST ON CERTIFICATES OR objection to the request of the gen- 2017’’. OTHER SECURITIES. tleman from Florida? SEC. 308. EXTENSION OF AUTHORITY FOR TREAT- Section 3720(h)(2) is amended by striking There was no objection. MENT AND REHABILITATION SERV- ‘‘December 31, 2016’’ and inserting ‘‘Decem- Mr. MILLER of Florida. Mr. Speaker, ICES FOR SERIOUSLY MENTALLY ILL ber 31, 2017’’. AND HOMELESS VETERANS. I yield myself such time as I may con- (a) GENERAL TREATMENT.—Section 2031(b) SEC. 411. EXTENSION OF AUTHORITY TO ENTER sume. is amended by striking ‘‘September 30, 2016’’ INTO AGREEMENT WITH THE NA- Mr. Speaker, H.R. 5985, as amended, TIONAL ACADEMY OF SCIENCES RE- and inserting ‘‘September 30, 2017’’. GARDING ASSOCIATIONS BETWEEN would extend a number of expiring au- (b) ADDITIONAL SERVICES AT CERTAIN LOCA- DISEASES AND EXPOSURE TO thorities and critical programs at both TIONS.—Section 2033(d) is amended by strik- DIOXIN AND OTHER CHEMICAL COM- the Department of Veterans Affairs ing ‘‘September 30, 2016’’ and inserting ‘‘Sep- POUNDS IN HERBICIDES. and the Department of Labor. These in- tember 30, 2017’’. Section 3(i) of the Agent Orange Act of 1991 clude extensions for veterans’ health TITLE IV—OTHER EXTENSIONS AND MODI- (Public Law 102–4; 38 U.S.C. 1116 note) is care and homeless programs, benefits FICATIONS OF AUTHORITY AND OTHER amended by striking ‘‘December 31, 2016’’ and inserting ‘‘December 31, 2017’’. for disabled veterans and their care- MATTERS givers, vocational rehabilitative pro- SEC. 412. EXTENSION OF AUTHORITY FOR PER- SEC. 401. EXTENSION OF AUTHORITY FOR TRANS- FORMANCE OF MEDICAL DISABIL- grams for servicemembers and vet- PORTATION OF INDIVIDUALS TO ITIES EXAMINATIONS BY CONTRACT erans, home loan programs, and a vari- AND FROM DEPARTMENT FACILI- PHYSICIANS. TIES. ety of advisory committees and pilot Section 111A(a)(2) is amended by striking Subsection (c) of section 704 of the Vet- programs. ‘‘December 31, 2016’’ and inserting ‘‘Decem- erans Benefits Act of 2003 (38 U.S.C. 5101 Absent passage of this legislation ber 31, 2017’’. note) is amended by striking ‘‘December 31, today, these important and non- 2016’’ and inserting ‘‘December 31, 2017’’. SEC. 402. EXTENSION OF AUTHORITY FOR OPER- controversial authorizations and pro- ATION OF THE DEPARTMENT OF SEC. 413. RESTORATION OF PRIOR REPORTING grams are set to expire at the end of FEE MULTIPLIERS. VETERANS AFFAIRS REGIONAL OF- this fiscal or this calendar year. These FICE IN MANILA, THE REPUBLIC OF Section 406 of the Department of Veterans THE PHILIPPINES. Affairs Expiring Authorities Act of 2014 are not new programs, and the costs as- Section 315(b) is amended by striking ‘‘Sep- (Public Law 113–175; 38 U.S.C. 3684 note) is sociated with them have either been tember 30, 2016’’ and inserting ‘‘September amended by striking ‘‘two-year’’ and insert- fully offset or have been assumed in 30, 2017’’. ing ‘‘three-year’’. the baseline budget for fiscal year 2017.

VerDate Sep 11 2014 02:15 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A13SE7.024 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5390 CONGRESSIONAL RECORD — HOUSE September 13, 2016 Furthermore, both the majority and dren and providing housing assistance Mr. Speaker, I yield back the balance minority of the House and Senate Com- for homeless veterans. of my time. mittees on Veterans’ Affairs have The final section of the bill deals Mr. MILLER of Florida. Mr. Speaker, worked on this language and agree on with the GI Bill and when an institu- once again, I encourage all Members to the need to extend all of these pro- tion of higher education loses its ac- support H.R. 5985, as amended. grams. creditation. This section aligns GI Bill I yield back the balance of my time. H.R. 5985, as amended, includes an ex- benefits in law with all other higher The SPEAKER pro tempore. The tension of authority which would allow education benefits, such as Pell and question is on the motion offered by VA to continue to approve schools for Federal student loans. the gentleman from Florida (Mr. MIL- GI Bill benefits for up to 18 months, Now, this provision is crucial because LER) that the House suspend the rules even if the school’s accreditor loses soon the Department of Education may and pass the bill, H.R. 5985, as amend- formal recognition by the Department withdraw recognition of the Accred- ed. of Education. iting Council for Independent Colleges The question was taken; and (two- Mr. Speaker, this change is necessary and Schools. I support this move by the thirds being in the affirmative) the to provide student veterans with the Department of Education. It is a long rules were suspended and the bill, as same protections that students using time coming. amended, was passed. title IV funds would have, and it would But without section 415, when this A motion to reconsider was laid on ensure that our Nation’s veterans don’t happens, GI Bill benefits will be cut off the table. for student veterans in schools accred- immediately have their GI Bill bene- f fits, including their housing allow- ited by this agency. It puts the 37,000 VA ACCOUNTABILITY FIRST AND ances, halted by a DOE decision to no student veterans and dependents re- APPEALS MODERNIZATION ACT longer recognize an accrediting body. ceiving GI Bill benefits in schools ac- This provision is a must-pass, as credited by this agency on the same OF 2016 there is possibly an imminent decision footing as all other students receiving GENERAL LEAVE by the Department of Education to do Federal higher education benefits. It Mr. MILLER of Florida. Mr. Speaker, just that and to withdraw the approval allows them the time they need to re- I ask unanimous consent that all Mem- of the Accrediting Council for Inde- coup. bers may have 5 legislative days within Section 415 is strongly supported by pendent Colleges and Schools. which to revise and extend their re- veterans service organizations such as While I am not going to comment marks and insert extraneous material Student Veterans of America and is the today on the Secretary of Education’s into the RECORD on H.R. 5620. result of bipartisan agreement. decision, we have been told it could Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. Is there come as early as this month, and it is my time. objection to the request of the gen- this body’s duty to protect an esti- Mr. MILLER of Florida. Mr. Speaker, tleman from Florida? mated 18,000 veterans from losing their There was no objection. I yield 11⁄2 minutes to the gentleman benefits instantaneously through abso- from the Fifth District of Colorado The SPEAKER pro tempore (Mr. lutely no fault of their own. (Mr. LAMBORN), a very active member BOUSTANY). Pursuant to House Resolu- The language in this bill would mir- of the House Committee on Veterans’ tion 859 and rule XVIII, the Chair de- ror language that is already included Affairs. clares the House in the Committee of in the law governing nonveteran stu- Mr. LAMBORN. Mr. Speaker, I thank the Whole House on the state of the dent aid and is supported by numerous the chairman for the great work. We Union for the consideration of the bill, veterans service organizations and are going to miss his leadership next H.R. 5620. other stakeholders, including the year when he goes into other pursuits. The Chair appoints the gentleman American Legion, Veterans of Foreign He will be sorely missed, and veterans from Illinois (Mr. HULTGREN) to preside Wars of the United States, Student will miss him. over the Committee of the Whole. Veterans of America, and the National Mr. Speaker, I rise today to speak of b 1716 Association of State Approving Agen- a missed opportunity in H.R. 5985. At cies. present, the VA is pushing a rule that IN THE COMMITTEE OF THE WHOLE Mr. Speaker, I encourage all Mem- permits certified registered nurse anes- Accordingly, the House resolved bers to support H.R. 5985, as amended. thetists to practice without the super- itself into the Committee of the Whole I reserve the balance of my time. vision of a physician. This is a huge House on the state of the Union for the Mr. TAKANO. Mr. Speaker, I yield mistake. This bill should extend a 1- consideration of the bill (H.R. 5620) to myself such time as I may consume. year period where the VA cannot im- amend title 38, United States Code, to I rise today in support of H.R. 5985, a plement this rule. provide for the removal or demotion of bill to extend certain expiring provi- Opponents to this provision cited employees of the Department of Vet- sions related to care at the Department conditions present in forward-deployed erans Affairs based on performance or of Veterans Affairs. This bill makes locations as justification for imple- misconduct, and for other purposes, sure that some of the vital programs menting a change of this magnitude. with Mr. HULTGREN in the chair. we have in place to take care of our Be that as it may, just because certain The Clerk read the title of the bill. veterans continue past the end of the practices are permitted in forward-de- The CHAIR. Pursuant to the rule, the fiscal year and continue to help our ployed locations due to military neces- bill is considered read the first time. veterans. Included in this bill are pro- sity does not mean that those risky The gentleman from Florida (Mr. visions related to health care, benefits, practices should be forced upon our MILLER) and the gentleman from Cali- homeless veterans, and other related veterans at all other times and places. fornia (Mr. TAKANO) each will control issues. Our veterans deserve the absolute 30 minutes. I am pleased to support extending best care possible. They should not be The Chair recognizes the gentleman programs related to support services used as test subjects when the VA tries from Florida. for caregivers, child care for certain to change how it delivers services. It is Mr. MILLER of Florida. Mr. Chair- veterans receiving health care, and a not right for the VA to give our vet- man, I yield myself such time as I may pilot program on counseling in retreat erans unsafe and risky health care. consume. settings for women veterans newly sep- Mr. TAKANO. Mr. Speaker, I have no Mr. Chairman, my bill, the VA Ac- arated from the service. further speakers. I simply want to urge countability First and Appeals Mod- It also has provisions to extend the my colleagues to join me in passing ernization Act of 2016, would do two authority related to rehabilitation and H.R. 5985, as amended. I want to thank, very important things for our Nation’s vocational benefits to members of the sincerely, the work that we have done veterans. First, it would provide the armed services with severe injuries or together with Chairman MILLER on Secretary of the Department of Vet- illnesses, homeless veterans’ reintegra- this legislation. I am so pleased that erans Affairs with more tools needed to tion programs, homeless women vet- we are passing this in the manner we enforce accountability at VA. Second, erans and homeless veterans with chil- are. it would help modernize VA’s current

VerDate Sep 11 2014 02:15 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.071 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5391 appeals process, which is not just bro- comprehensible that anyone would op- ployee unions who support the status ken but is preventing VA from pro- pose this bill. quo that has led to the litany of prob- viding veterans with the benefits they For example, we have shown an em- lems at the Department of Veterans deserve in a timely manner. ployee showing up drunk to work to Affairs. The choice is clear. Each of us I want to first take a moment to dis- scrub in for a surgery on a veteran; an is now faced with either siding with the cuss the important and forward-think- employee taking a recovering addict to veterans of this country or corrupt ing accountability measures that are a crack house and buying him drugs union bosses. included in the bill before us today. and the services of a prostitute; a VA Everyone in government knows that H.R. 5620 would allow the VA Sec- employee participating in an armed the civil service laws that were once retary to remove or demote any em- robbery; and senior managers retali- meant to promote the efficiency of ployee for poor performance or mis- ating against whistleblowers, at which government are now obsolete and make conduct; would allow the recoupment point VA then has to pay hundreds of it almost impossible to remove a poor- of a bonus given inappropriately to an thousands of dollars to the whistle- performing employee. employee; reduce a senior executive’s blower in restitution. Even last year, VA Deputy Secretary pension if they are found guilty of a Not only are all of these acts egre- Sloan Gibson sat before our committee felony that influenced their job per- gious and not only are all of these in- and admitted it was too difficult to fire formance; make modifications to the stances factual, they really are just the a substandard employee. Another Secretary’s authority to remove senior tip of the iceberg. But what causes me former senior VA employee, then Act- executives that was granted in the to stand before you today is that in ing Under Secretary for Benefits, stat- Choice Act; and recoup any location none of these instances did the VA hold ed at a committee hearing last year and moving expenses if the Secretary these employees accountable in any that ‘‘. . . With our GS employees, it’s determines that the employee com- reasonable timeframe, if they did at the rules, the regulations, the protec- mitted any acts of waste, fraud, or all. I blame many factors for this, but tions are such that it’s almost impos- malfeasance. mainly I blame an antiquated system sible to do anything.’’ Furthermore, despite comments that has left VA managers unwilling to The Government Accountability Of- made by some of my colleagues on the jump through the many hoops to do fice studied the government’s ability to other side of the aisle, my bill also con- what is right. hold low-performing employees ac- tains language that increases protec- Mr. Chair, it is well past time that countable. They found that it took 6 tions. Let me say that again. It in- we not allow the current system to months to a year, on average, and creases protections of whistleblowers. continue. It is certainly our duty to fi- sometimes significantly longer, to fire These new whistleblower protections nally take action and enact meaningful poor-performing government employ- would stipulate that any employee can- change at VA that puts their veterans ees. not be removed under this new author- and their families first and foremost. When the Choice Act was signed into ity if they have an open claim at the Everything else should come second. law in 2014, even President Obama said Office of Special Counsel. That includes the power of the public at the bill signing: ‘‘If you engage in an To add even more protections for sector unions. As I have said before, unethical practice, if you cover up a se- those who blow the whistle at VA, my VA is not sacred. Our veterans are. bill would also set up a new process to Unfortunately, since the VA Com- rious problem, you should be fired. Pe- be used in addition to any other proc- mittee began placing a greater focus on riod. It shouldn’t be that difficult.’’ ess that is currently allowed by law. changing the civil service as it pertains While I know the administration has This will protect whistleblowers from to the VA, the unions have pushed back changed its tone since the Choice Act retaliation and removal while they at every single turn, even telling com- was signed into law, since this legisla- bring issues to light up through their mittee staff that anything other than tion would now affect all VA employ- chain of command. the status quo would never garner ees, even unionized ones, I strongly be- These protections are unprecedented their support. Well, if the list of em- lieve we should maintain the same ex- and strengthen existing whistleblower ployees I mentioned before of who were pectations for rank and file employees protections. In fact, 16 whistleblower not held accountable is not a clear ex- at VA as we do senior officials, regard- groups signed a letter of support for ample of how broken the status quo is, less of your title or rank within the the whistleblower provisions of this then I don’t know what is. agency. It is a privilege to work at VA particular bill and stated that section 8 Mr. Chair, it is time that we put poli- and to serve the veterans of this coun- of my bill is ‘‘ . . . a major break- tics and the misguided rhetoric of op- try. It is not a right. through in the struggle for VA whistle- ponents of change aside and, instead, Last summer, the House passed the blowers to gain credible rights when align ourselves with our Nation’s vet- removal section for all VA employees defending the integrity of the agency erans and the organizations that rep- in H.R. 1994. At the time, I received a mission and disclosing quality of care resent them. lot of pushback from my colleagues on concerns. Further, section 8 of the bill Eighteen veterans service organiza- the minority side about the account- would provide a system to hold em- tions support the bill that is before us ability language. I was told I was try- ployees accountable for their actions today: The American Legion, The Vet- ing to make all VA employees at-will when they retaliate against those ex- erans of Foreign Wars of the United and completely destroy the civil serv- posing waste, fraud, or abuse.’’ States, Disabled American Veterans, ice system. Mr. Chair, as I have always said, I Paralyzed Veterans of America, Stu- As I said then and I say now, that agree with all of my colleagues that dent Veterans of America, AMVETS, was not and is not my intention. But I the vast majority of the employees at Association of the United States Navy, believe that the current system is ham- the Department of Veterans Affairs are the Military Order of Purple Heart, Na- pering VA from moving forward into an hardworking public servants who are tional Association for Uniformed Serv- organization that is deserving of the dedicated to providing quality health ices, Iraq and Afghanistan Veterans of veterans that it serves. In short, I want care and the benefits that our veterans America, Concerned Veterans for a civil service system at VA that have earned. But it is beyond com- America, the Fleet Reserve Associa- serves and protects veterans, not bad prehension that, with as much outright tion, Military Officers Association of employees. malfeasance as our committee has un- America, Reserve Officers Association, I continue to hear concerns that this covered at the Department of Veterans The Enlisted Association of the Na- bill will hurt the Department’s ability Affairs and increased scrutiny that we tional Guard of the United States, to recruit and retain good employees have placed on the Department over VetsFirst, Vietnam Veterans of Amer- and will hurt morale. I also know that, the past 5 years and their need to hold ica, and The United States Army War- last night, the administration released employees accountable, we still see far rant Officers Association. a statement about its concerns with too many instances of VA employees That is 18 groups, Mr. Chairman. the accountability measures in this bill not living up to the standards that These groups represent millions of vet- and that this language would impede America expects. It is even more in- erans and their families, not public em- rather than support VA’s ability to

VerDate Sep 11 2014 02:15 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.073 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5392 CONGRESSIONAL RECORD — HOUSE September 13, 2016 carry out its duties. I think these argu- complicated, and confusing process for HOUSE OF REPRESENTATIVES, COM- ments are nothing more than scare tac- our veterans and their families. The MITTEE ON OVERSIGHT AND GOV- tics. appeals reform section was drafted by ERNMENT REFORM, Mr. Chairman, what is impeding VA the Department in collaboration with Washington DC, September 8, 2016. Hon. JEFF MILLER, from carrying out its duties is decades VSOs and other veterans advocates. Chairman, Committee on Veterans’ Affairs, of tolerating poor performance and The intent of the bill is to modernize Washington, DC. even criminal or unethical behavior. their existing cumbersome appeals DEAR MR. CHAIRMAN: I write concerning The antiquated civil service laws are process and to ensure that veterans re- H.R. 5620, the VA Accountability First and binding the Department’s hands and ceive appeals decisions in a timely Appeals Modernization Act of 2016. As you permitting the toxic behavior of a few know, the Committee on Veterans’ Affairs fashion. received an original referral and the Com- to overcome the good work of a major- My bill, based entirely off committee mittee on Oversight and Government Reform ity. member DINA TITUS’ bill, would allow a secondary referral when the bill was intro- If we do not at least try to give the the veteran to remove a traditional ap- duced on July 5, 2016. I recognize and appre- Secretary the tools needed to hold VA peal with a hearing and opportunity to ciate your desire to bring this legislation be- employees accountable, then we are new evidence in support of their claim. fore the House of Representatives in an expe- just as culpable for any future VA fail- ditious manner, and accordingly, the Com- Additionally, the bill would give vet- ures as the antiquated civil service mittee on Oversight and Government Reform erans the option of choosing a faster will forego action on the bill, as amended. laws that foster these failures now. process in which the veteran would not The Committee takes this action with our That is why this legislation is not submit new evidence or have a hearing mutual understanding that by foregoing con- punitive, but it is necessary if we truly but would receive an expedited deci- sideration of H.R. 5620 at this time, we do want to make the ability for the not waive any jurisdiction over the subject sion. changes in this Congress. The Amer- matter contained in this or similar legisla- ican people and, most importantly, our Although there are many questions tion. Further, I request your support for the veterans expect this to occur. The best about how VA is going to implement appointment of conferees from the Com- mittee on Oversight and Government Reform way to improve morale is to make it this proposal, we don’t have the luxury of time in these closing days, and the during any House-Senate conference con- easier to get rid of the roots of dys- vened on this or related legislation. function that we currently see backlog of pending appeals is explod- Finally, I would ask that a copy of our ex- throughout the Department of Vet- ing. As of the first of January of this change of letters on this matter be included erans Affairs. year, there were 375,000 appeals pending in the Congressional Record during floor I have been told that VA can’t fire its in VA, including at the Board of Vet- consideration, to memorialize our under- way to excellence, but neither can you erans’ Appeals. On the first of June of standing. Sincerely, tolerate malfeasance and expect excel- this year, there were almost 457,000 ap- peals pending, an increase of 82,000 JASON CHAFFETZ, lence to become routine. Most Ameri- Chairman. cans would be appalled with the com- pending appeals in less than 18 months. plexity that is now baked into our civil Moreover, the Board of Veterans’ Ap- CONGRESS OF THE UNITED STATES, service system. In the real world, if peals estimates that the number of ap- Washington DC, September 8, 2016. you don’t do your job effectively or if peals certified to the Board will rise Hon. JASON CHAFFETZ, you engage in unethical conduct, you from 88,000 to almost 360,000 in fiscal Chairman, House Committee on Oversight and year 2017, a 400 percent increase in 1 Government Reform, Washington, DC. get removed from the payroll. It is that DEAR CHAIRMAN CHAFFETZ: In reference to simple. year. your letter on September 8, 2016, I write to We only need to look at the news It is obvious that Congress needs to confirm our mutual understanding regarding that broke last week regarding 5,300 act now. This bill offers the best H.R. 5620, as amended. employees at the Wells Fargo Bank chance to improve VA’s appeals process I appreciate the House Committee on Over- that were fired for creating hundreds of and provide veterans with the best pos- sight and Government Reform’s waiver of sible decision on their claim. consideration of provisions under its juris- thousands of fake deposit accounts and diction and its subject matter. I acknowl- cheating customers by charging them Mr. Chairman, today we have a edge that the waiver was granted only to ex- bogus fees. meaningful package that makes pedite floor consideration of H.R. 5620, as b 1730 changes to VA’s civil service system, amended, and does not in any way waive or while maintaining due process rights, diminish the House Committee on Oversight That is how disciplinary actions are as well as making progressive steps in and Government Reform’s jurisdictional in- handled in the private sector. They changing the antiquated system that terests over this legislation or similar legis- were fired. And I believe it is some- lation. I will support a request from the veterans are currently stuck in when House Committee on Oversight and Govern- thing the public sector needs to learn appealing their disability claims. from. ment Reform for appointment to any House- Senate conference on H.R. 5620, as amended. Compare that to the fewer than 10 And finally, it is vital for our col- leagues to keep in mind that H.R. 5620 Finally, I will also support your request to VA employees held accountable for the include a copy of our exchange of letters on wait time manipulation at the center is truly a bipartisan bill. It combines two of the biggest legislative priorities this matter in the Congressional Record dur- of the largest scandal in VA history, ing floor consideration. and it is no wonder why Americans are proposed by both the Republicans and Again, thank you for your assistance with losing faith in their government. the Democrats. And as we near the end these matters. With personal regards, I am There is not a doubt in my mind that of this Congress, we have the oppor- tunity to put politics aside to make Sincerely, all of my colleagues here, all of them, JEFF MILLER, care about our Nation’s veterans, and real and lasting change to a broken system. Chairman. we can show that by passing this bill Mr. TAKANO. Mr. Chairman, I yield before us today. Today, we can decide to stand with our veterans, or we can stand with the myself as much time as I may con- I also want to touch on a provision in sume, and I rise in strong opposition to status quo and the unions that perpet- my bill that would improve the appeals H.R. 5620. uate the status quo which, I believe, process of disability claims at the VA. Now, there is no dispute whether VA should process veterans’ claims for has failed them and the American pub- Congress should take action to in- disability benefits accurately, consist- lic for far, far too long. crease accountability at the VA. On ently, and in a timely fashion. How- I hope you will join me and the 18 both sides of the aisle, we recognize ever, if a veteran disagrees with the de- veterans service organizations who that VA employees have a patriotic cision and decides to file an appeal, support this legislation. Do what is duty to provide veterans the care they VA’s appeals process should be thor- right for our veterans. Pass H.R. 5620. have earned, and there should be con- ough, it should be swift, and it should Let’s put accountability first so that sequences when they fail to meet that be fair. transformative reforms can succeed. standard. The truth is that VA’s current ap- Mr. Chairman, I reserve the balance But we must also recognize that VA peals process is broken. It is a lengthy, of my time. employees, nearly a third of whom are

VerDate Sep 11 2014 02:15 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.074 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5393 veterans themselves, have constitu- workforce that can address the under- They did not emphasize stripping tional rights. In several ways, H.R. 5620 lying systematic issues that are caus- away due process rights for workers. violates those rights and, therefore, ing poor performance. Instead, they strongly urged our com- will not achieve our shared goal of a Now I am not alone in this assess- mittee to look at supporting the per- more accountable VA workforce. In ment. The American Legion, the Mili- sonnel function of the VA and improv- fact, passing this bill will move us fur- tary Officers Association of America, ing leadership development and mana- ther away from a strong accountability and others have expressed reservations gerial skills of our managers. system that will improve the quality of about this punitive approach to the So I recommend that we take this service VA provides to veterans. VA’s senior executives. legislation back to committee, back to This flaw in the legislation is not Finally, I am frustrated—I am par- regular order, instead of considering it without precedent. The accountability ticularly frustrated that the majority on a rushed basis and suspending the provisions included in the 2014 Vet- has attached to this bill a desperately rules. erans Choice Act could not be enforced needed bipartisan fix for the VA ap- Mr. Chairman, all of us, Democrats after the Attorney General determined peals process. The VA Appeals Mod- and Republicans, believe in the need they violated due process rights. And ernization Act of 2016, introduced by for stronger accountability for employ- President Obama threatened to veto a my friend and colleague, Congress- ees at the VA to ensure that our vet- previous version of the bill, H.R. 1994, woman DINA TITUS, has unanimous erans get the care they deserve. Unfor- for the very same reason. support and would sail through the tunately, this legislation falls short of Now, unfortunately, the majority House and Senate on its own. It is that goal. I urge my colleagues to vote continues to treat the constitutional nearly the product of 4 years of work, ‘‘no.’’ rights of VA employees as inconvenient and both sides agree to it. I reserve the balance of my time. obstacles to evade, instead of funda- Yet, you would attach it to a bill Mr. MILLER of Florida. Mr. Chair- mental civil service protections to up- that we cannot agree to. It makes no man, I would remind my good friend, hold. sense that we are holding up this mag- the ranking member over on the mi- The strict time requirements H.R. nificent legislation that both sides nority side, that this bill has been sit- 5620 puts on administrative bodies, worked on and that was the hard work ting out there for 6 weeks, in time for such as the Office of Personnel Man- of my friend and colleague from Ne- 80 amendments to have been filed, so it agement and the U.S. Merit Systems vada. definitely was not rushed. Protection Board, to decide appeals This legislation would move the VA I remember back in high school the cases would meaningfully impact the away from an inefficient and con- three branches of government, and the ability of every VA employee to get a voluted unified appeals process and re- executive branch is supposed to enforce fair and proper hearing. place it with differentiated lanes, the laws that this body, Congress, This bill improperly hands power to which give veterans clear options after writes. I don’t believe it is the Attor- the VA Secretary with respect to set- receiving an initial decision on a ney General’s responsibility. She may ting standards for bonuses. According claim. In sum, it would allow veterans wish she was a judge, but she is not. to the Non-Delegation Doctrine, Con- to have a clear answer and path for- She is the Attorney General. She can- gress cannot shift its authority to ward on their appeal within 1 year not deem something unconstitutional. agencies without providing an intel- from filing. Mr. Chairman, I yield 11⁄2 minutes to ligent framework for carrying out that By attaching it to this bipartisan ac- the gentleman from Colorado (Mr. authority. As written, H.R. 5620 vio- countability bill, the majority is pre- LAMBORN). lates that doctrine. venting VA appeals reform from mov- Mr. LAMBORN. Mr. Chairman, I ap- Finally, I believe the majority’s ef- ing forward, denying veterans the preciate the leadership of Chairman fort to institute new whistleblower streamlined appeals process they de- JEFF MILLER, both in the committee provisions would be overturned for the serve. and with this particular piece of legis- same reason that the U.S. Attorney I strongly urge the majority to allow lation. Mr. Chairman, our veterans demand General’s Office said it would not de- Congresswoman TITUS’ legislation to fend an unconstitutional section of the come to the floor as a stand-alone bill the strong accountability tools con- Choice Act: it violates the Appoint- so we can accomplish a critical objec- tained in H.R. 5620. Since the Phoenix ments clause in the Constitution by al- tive for the veterans community. Free wait-list scandals, very few individuals lowing lower-level employees to have the Titus bill. Let it come to the floor. have been held accountable. Fewer still the final decisionmaking authority to Now, the chairman talks about ac- are those whose disciplinary actions decide whether an employee will be countability and improving the culture have not been overturned by the Merit fired. at the VA. I would like to remind my System Protection Board. This state of Now, these are more than minor legal friend from Florida that last week we affairs is deplorable. This bill provides VA leadership with concerns; they are reasons why VA em- heard testimony from the co-chairs of the tools to hold all VA employees ac- ployees who commit misconduct will the Commission on Care. This Commis- countable for their performance and not be held accountable when their ter- sion was appointed in a bipartisan way misconduct, not just those members of minations are challenged in court. We by the President, by the Speaker, by the Senior Executive Service. the minority leader of this House, and can pass H.R. 5620, but we will be right This bill is long overdue. Veterans by the majority and minority leaders back here a year from now or 2 years within my district are still experi- of the Senate; and the co-chairs gave from now when the law is deemed un- encing poor service from the VA. VA us a report on their recommendations. constitutional. employees have openly joked in front Our Senate colleagues have a bipar- When asked about should there be an of our veterans about their immunity tisan bill that includes accountability easier way to fire people, should there to any disciplinary actions for their provisions that could serve as a founda- be a way to streamline the account- poor performance. tion for legislation in the House. We ability process, to my surprise, they Mr. Chairman, our veterans have had an opportunity to advance lan- both answered ‘‘no’’ to a question earned the privilege of interacting with guage that both parties and both posed by one of the Republican Mem- VA employees who put the veteran Chambers can agree to, and I am dis- bers. They recommended that more in- first, not their own careers. I urge my appointed that we are not pursuing vestment and more time be devoted to colleagues to support this vital piece of that path. leadership training within the VA. legislation. I am also disappointed that this bill They both lead private sector health includes a moratorium on bonuses for organizations, and they both stated b 1745 VA’s senior executives. Recruiting and how they are obligated to the due proc- Mr. TAKANO. Mr. Chairman, I yield retaining strong leadership at the VA ess concerns with their employees. 5 minutes to the gentlewoman from Ne- is critical to its long-term success, and They were shocked at the relative vada (Ms. TITUS). this provision will damage the Depart- under-appreciation for the personnel Ms. TITUS. Mr. Chairman, I thank ment’s efforts to maintain a talented function at the VA. the ranking member for yielding, and I

VerDate Sep 11 2014 03:01 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.076 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5394 CONGRESSIONAL RECORD — HOUSE September 13, 2016 thank the chairman. Even though we American Veterans, The American Le- unnecessary litigation or litigation may disagree on this piece of legisla- gion, Veterans of Foreign Wars, Iraq that goes beyond the bounds of what is tion, I believe he has been a fair chair- and Afghanistan Veterans of America, reasonable. man to work with all members of the AMVETS, Paralyzed Veterans of Amer- The Attorney General also has the committee. ica, and others have all endorsed this obligation to take a look at the laws When I became a member of the Vet- appeals reform legislation. and to examine whether or not they erans’ Affairs Committee and the rank- It is unfortunate that my bill has would withstand constitutional mus- ing member of the Disability Assist- been attached to controversial legisla- ter. The American people do not de- ance and Memorial Affairs Sub- tion regarding accountability at the mand of their Attorney General to liti- committee back in 2013, much of the VA. While we all agree that account- gate laws that are clearly unconstitu- focus was on the disability claims ability for employees at the VA is crit- tional. That would be a waste of backlog. It had ballooned, and it was ical for ensuring that our veterans re- money. causing some veterans to wait almost 2 ceive the services and the care that In the case of an accountability law years just for their initial claim deci- they have earned and deserved, we and an accountability bill that clearly sion. should separate the two issues, pass ap- have flawed tools, tools which would be After that backlog was reduced, after peals reform, and then work in a bipar- deemed unconstitutional, it would re- considerable work by Congress and the tisan manner on the accountability sult in the following: it would result in administration, the problem shifted to proceedings. managers taking actions against em- the appeals process, where 450,000 vet- Last summer, this House passed an ployees, money being spent on lawyers erans are currently waiting in an over- accountability bill; so, rather than to dismiss these employees or other- burdened and overcomplicated system. passing another one that is very simi- wise discipline them, but employees The average claim takes more than 3 lar and which we know the administra- being able to get their day in court and years to adjudicate, and claims that tion opposes and feels is unconstitu- find that the provisions under which progress to the Board of Veterans Ap- tional, let’s get the appeals reform they are being disciplined are unconsti- peals can languish for more than 2,000 process done instead of playing politics tutional being reinstated after a lot of days. Both of these figures are also ris- that could hurt our Nation’s heroes. expense. ing. So, if we miss this historic oppor- Mr. MILLER of Florida. Mr. Chair- This is precisely why I would like to tunity to reform the outdated and man, I would remind my good friend see this legislation go back to com- overcomplicated appeals system, the that the very same group that she says mittee and for us to consult attorneys wait for our Nation’s heroes will con- supported her appeals reform is the on both sides and not pass laws that tinue to lengthen. By 2027, we will be very same one that supports my ac- are clearly going to not pass constitu- telling our veteran constituents that countability legislation. tional muster. they will likely have to wait a decade Mr. Chairman, I yield 1 minute to the Yes, 81 amendments were filed be- for their appeal to be resolved. That is gentleman from Florida (Mr. BILI- cause there are many problems with just unacceptable. RAKIS) from the State of Florida’s Dis- this legislation. Only 22 were ruled in It is important to keep in mind that trict 12. order. I think we should go back to the the appeals process was first developed Mr. BILIRAKIS. Mr. Chairman, I rise drawing board and take the Senate leg- back in 1933, and it was last updated in today in support of H.R. 5620, the VA islation, which has bipartisan support, the late 1980s; so, surely, true reform is Accountability First and Appeals Mod- as a starting point. long overdue. Accordingly, this has be- ernization Act, and I thank the chair- As for the whistleblower protections, come a top priority for the VA and for man for filing the bill. I have already stated my comments veterans service organizations, and it H.R. 5620 provides additional re- that these whistleblower protections in should be a priority for Congress as sources and flexibility to the Secretary H.R. 5620 are also flawed. I believe that well. to remove employees for poor perform- they would be ruled and deemed uncon- Over the past months, the VA has ance or misconduct. What is wrong stitutional and, therefore, are also been working closely with experts from with that? flawed. the VSOs and other veterans advocacy It further improves the protections of Mr. Chairman, passing this legisla- groups to reform this broken system whistleblowers that continue to receive tion does not pass constitutional mus- and replace it with a streamlined proc- retaliation from simply wanting to do ter. It won’t solve our problem. We ess designed to provide quicker out- the right thing. I thank the chairman need a real fix to improving VA ac- comes for veterans while also pre- for putting that language in there. countability, and H.R. 5620 is not the serving their due process rights. Additionally, this bill improves the solution. Before you in this bill is the result of veterans appeals process with reforms Mr. Chairman, I reserve the balance that effort. The new plan creates three sought to decrease excessive wait times of my time. lanes from which veterans can choose for those waiting on a disability rating. Mr. MILLER of Florida. Mr. Chair- to appeal their claim. The first is a I thank Representative TITUS for that man, I would remind my good friend high-level de novo review for veterans language, as well. that the Attorney General did com- who want to have a fresh set of well- In my district, I still hear veterans ment on one particular live case. As a trained eyes review their claim. The waiting too long for a decision to be matter of fact, Sharon Helman, the second is a lane for veterans who wish made, which could take additional person at the very center of the wait to add additional information or evi- years on average in the appeals proc- time debacle in Phoenix, believe it or dence to their claim. The third is for ess—much too long. not, is suing to get her job back, and veterans who choose to have a full re- Mr. Chairman, this process is broken the Attorney General has taken excep- view done by the board, either with and needs to be modernized right now. tion with one minor part of the law new evidence or as an expedited review So again, with that, I urge my col- that was passed in 2014, the Veterans without new supporting documents. leagues to support the bill. Choice Act. We have actually fixed her Veterans will be able to choose their Mr. TAKANO. Mr. Chairman, I yield questions as relate to the Appoint- own lane, depending on the specifics of myself such time as I may consume. ments Clause in the piece of legisla- their particular case. As part of this Mr. Chairman, I wish to comment on tion, so that problem should have been new system, the VA will provide more the assertion that it is the Attorney resolved at this point. details to veterans when their initial General’s and the President’s responsi- Mr. Chairman, I yield 2 minutes to claim decisions are delivered. This en- bility to enforce the law, as it does say the gentleman from the State of Ten- hanced claims decision will better help that and as it is reflected in the Con- nessee (Mr. ROE). Dr. ROE is from the veterans decide if they want to appeal stitution. However, the Attorney Gen- First Congressional District of Ten- and which lane will best suit their eral of the United States also has the nessee. needs. duty to make sure that the taxpayers’ Mr. ROE of Tennessee. Mr. Chairman, I appreciate that so many veterans money is well used. I often hear on the I rise today in support of H.R. 5620, the organizations, including Disabled other side of the aisle a concern about VA Accountability First and Appeals

VerDate Sep 11 2014 03:01 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.078 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5395 Modernization Act sponsored by my scheduling appointments and resulted the VA with zero consequences for friend and colleague and VA Com- in veterans dying. As someone who their behavior. mittee chair, JEFF MILLER. spent time working in a VA facility, I I was a quick cosponsor of this bill This legislation would bring much- feel very strongly that the expedited when introduced by the chairman be- needed relief for veterans who are cur- removal of these types of employees cause it provides necessary solutions to rently waiting months, and sometimes improves the corrosive nature within a problem that has persisted far too even years, for the disability benefit the VA and makes the VA a safer, more long. appeal to be adjudicated. It also grants respectful place to work. This bill will expand the VA Sec- the Secretary the expanded authority Veterans deserve the best care, and I retary’s removal authority to include he needs to remove VA employees for would challenge anyone to explain to all VA employees and speed up the poor performance or misconduct. me how these bad employees con- process. It will put in place additional Mr. Chairman, at the beginning of tribute to delivering quality of care. whistleblower protections and give the 2015, there were roughly 375,000 pending Mr. TAKANO. Mr. Chairman, I yield Secretary the authority and responsi- appeals within the VA system. A mere myself such time as I may consume. bility to rescind bonuses and expense 18 months later, in June of 2016, that Mr. Chairman, I am concerned that payments for corrupt employees. And number had exploded to 457,000, a 1.2 the bill before us today will actually it reforms the current broken claims percent increase per month. With that undermine whistleblower protections process by providing veterans more in mind, it is clear that the VA appeals rather than strengthen them. The Of- choices when it comes to appealing VA process is fundamentally broken. fice of Special Counsel echoes my con- claims. By its own admission, the Board of cerns. Their statement regarding the It might not be talked about much Veterans’ Appeals annual report for fis- bill reads: ‘‘Section 8 of this act may around here, but inside Washington ev- cal year 2015 stated that the number of undermine whistleblower protections eryone knows there is almost no ac- appeals certified to the Board from the and accountability by creating a new countability in the Federal civil serv- regional offices will increase from and unnecessary process for reporting ice. In fact, a recent nonpartisan GAO 88,183 in 2016 to 359,000 in 2017, an al- concerns. Section 8 also creates an un- study found, on average, it takes 6 most 400 percent increase in 12 months. reasonable expectation that super- months to a year, and often longer, to We must work now, not later, to ad- visors will be able to evaluate an em- remove a bad bureaucrat. dress this backlog before things get ployee concern within 4 business days. In the VA, we have seen example even more out of hand. This process is overly burdensome for after example of Federal employees By implementing the reforms in- employees and supervisors and may be more concerned with defending a cou- cluded in this legislation, the VA will entirely unworkable in many in- ple of bad apples than caring for our be operating under streamlined proc- stances.’’ veterans. It is not unreasonable to de- esses needed to draw down this back- We should go back to the drawing mand VA employees be held account- log. This bill also gives veterans some board. Let’s go through regular order able for their performance, just like amount of control over how they wish back in committee and not do this our veterans were during their military their appeal to be reviewed. Under H.R. under the suspended rules and try to service and how millions of hard- 5620, a veteran will be given the option fix things on the floor of the House. working Americans must do in their of having their appeal heard by the re- I continue the quote of the Special jobs every single day. gional office or having it bumped di- Counsel: ‘‘This approach is not the best It is my hope this bill will begin a rectly to the Board of Veterans’ Ap- method for improving accountability long-overdue cultural shift within the peals for adjudication. or evaluating supervisory efforts to VA. Until that happens, we will con- By allowing veterans to waive or re- support and protect whistleblowers. tinue to see headlines about employees quest a hearing and to limit or intro- OSC believes that reinforcing existing dealing heroin to patients, operating duce new evidence in support of their channels for reporting concerns would on patients while drunk, keeping their claim, the veteran will have more con- better protect the interests of VA whis- job despite an armed robbery charge, trol over who reviews their appeal, tleblowers.’’ and giving years of paid leave to bad when it is reviewed, and what evidence Whistleblowers are essential for prop- doctors. We can all agree: our veterans is reviewed. Without this legislation, er oversight. Accountability measures deserve better, and the VA should be veterans will continue to be treated by that undermine whistleblowers or deter held accountable for this obligation. VA as a mere case number, not as a them from coming forward will make I urge my colleagues in the House to veteran of the United States Armed it harder. Again, the whistleblower support passage of this very important Forces. protections in this bill may actually bill. The CHAIR. The time of the gen- undermine our ability to protect them. Mr. TAKANO. Mr. Chairman, I yield tleman has expired. Mr. Chairman, I reserve the balance myself such time as I may consume. Mr. MILLER of Florida. Mr. Chair- of my time. I include in the RECORD a letter from man, I yield the gentleman an addi- the Office of Special Counsel to Rep- tional 30 seconds. b 1800 resentative KIRKPATRICK praising her Mr. ROE of Tennessee. Also included Mr. MILLER of Florida. Mr. Chair- for her amendment. I understand the in this legislation is an important man, I quote from a letter to Mrs. majority also supports the Kirkpatrick management tool for the Secretary to KIRKPATRICK from the Office of Special amendment, so it is bipartisan support. better maintain order within its work- Counsel: U.S. OFFICE OF SPECIAL COUNSEL, force by expanding the authority of the ‘‘We appreciate the bipartisan sup- Washington, DC, September 13, 2016. Secretary to discipline or fire senior port for stronger whistleblower protec- Re Pending Legislation to Protect VA Whis- executive employees granted under the tions for VA employees, as reflected in tleblowers. Veterans Choice Act to all VA employ- H.R. 5620.’’ Hon. ANN KIRKPATRICK, ees. In an effort to protect employees Mr. Chairman, I yield 2 minutes to Washington, DC. DEAR REPRESENTATIVE KIRKPATRICK: The who speak out from suffering retalia- the gentleman from Kansas (Mr. Office of Special Counsel (OSC) has received tion, this bill provides comprehensive HUELSKAMP), from the First District. thousands of whistleblower retaliation com- whistleblower protections. Mr. HUELSKAMP. Mr. Chairman, I plaints and disclosures from Department of These provisions are not meant to thank the chairman, and appreciate his Veterans Affairs (VA) employees. Based on discourage or reduce morale for good, strong, effective leadership in the Vet- this experience, we write to express our honest VA employees. In fact, it should erans’ Affairs Committee. strong support for your amendment to H.R. accomplish just the opposite. The oppo- At a committee hearing last year, 5620, the VA Accountability First and Ap- nents of this provision are looking to the VA publicly admitted to me it was peals Modernization Act. Based on our re- view of the amendment, we believe it will ad- protect the nurse who showed up drunk too difficult to fire bad employees. The vance the interests of VA whistleblowers. for surgery, the employees who pur- situation is so dire that dozens of bla- Importantly, the amendment establishes chased illegal drugs for veterans, or the tantly negligent employees and con- the Office of Accountability and Whistle- managers who cooked the books on victed criminals continue to work at blower Protection (OAWP). OSC’s ongoing

VerDate Sep 11 2014 03:01 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.079 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5396 CONGRESSIONAL RECORD — HOUSE September 13, 2016 work with VA whistleblowers will benefit 5620. It would give the Secretary a Veterans in Louisiana have dealt from having a high-level point of contact brand new authority to immediately with the VA’s ineffective bureauc- with the statutory authority to identify, cor- remove, without pay, any VA employee racy—and, in some cases, downright rect, and prevent threats to patient care and whose behavior threatens veterans. wrongdoing—for far too long. We des- to discipline those responsible for creating My amendment would address many them. The establishment of similar offices at perately need more stringent account- other agencies, including the Federal Avia- of the egregious examples of terrible ability measures in place for the agen- tion Administration, has significantly im- VA employees whose behavior has lit- cy charged with caring for America’s proved the whistleblower experience at those erally threatened veterans’ lives, like veterans. agencies. And OAWP, with a Senate-con- the employee who took a veteran to a This has gone on far too long. Chair- firmed leader, will have the authority and a crack house. Under my alternative, man MILLER and I have fought with mandate to make a significant difference. that VA employee would be imme- others for a very long time to do the For these and other reasons, we believe diately suspended without pay and very best for our veterans. Enough is your amendment will best advance the inter- fired after a fair investigation. enough. Enough is enough. It is time ests of VA whistleblowers and the Veterans The problem with passing a bill that served by the Department. If you are in need for a change. It is time for true ac- of additional information, please contact limits due process is that if it were to countability. Adam Miles, Deputy Special Counsel for Pol- become law, a VA employee fired under I am proud to stand with Chairman icy and Congressional Affairs, at 202–254–3607. this new authority would inevitably MILLER and others to support this leg- We appreciate the bipartisan support for sue. By the time the case wound its islation, and I urge all my colleagues stronger whistleblower protections for VA way through the court system and po- to support it. It is urgently needed. employees, as reflected in H.R. 5620, and be- tentially found to be an unconstitu- Mr. TAKANO. Mr. Chairman, I yield lieve this amendment will greatly enhance tional violation of due process, the VA this effort. myself such time as I may consume. would have to reinstate with back pay I think it is important that we con- Sincerely, any employee fired under the author- CAROLYN N. LERNER. sider the impact our actions will have ity. on the hardworking frontline VA em- Mr. TAKANO. Mr. Chairman, I yield Instead, I would urge us to replace to the gentleman from Florida (Mr. ployees, many of whom are veterans section 3 with my amendment lan- themselves and even whom my friend MILLER) to ask him a question. guage, or the Senate’s language in the from Florida, Chairman MILLER, says Was the quotation the gentleman Veterans First Act, which contains read from this letter of the special the vast majority of whom are very more fairness and due process while good employees. counsel to Mrs. KIRKPATRICK? still bringing accountability to the VA. I include in the RECORD a letter from Mr. MILLER of Florida. Will the gen- In our criminal justice system, we the American Federation of Govern- tleman yield? are innocent until proven guilty. The ment Employees. Mr. TAKANO. I yield to the gen- same concept applies to due process for tleman. VA employees. They should get to tell AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL–CIO, Mr. MILLER of Florida. I don’t know their side of the story before losing what the letter is you are holding in Washington, DC, September 9, 2016. their jobs for what could be a Re AFGE Opposition to H.R. 5620. your hand. I have one dated September miscommunication, or worse, discrimi- 13. DEAR REPRESENTATIVE: I am writing on be- nation or retaliation on the part of half of nearly 700,000 federal employees rep- Mr. TAKANO. Yes, September 13. their supervisor. And it is regarding pending legislation resented by the American Federation of Gov- H.R. 5620 is bad policy that sets the ernment Employees, AFL–CIO (AFGE), in- to protect VA whistleblowers? VA apart from all other Federal agen- cluding 230,000 employees of the Department Mr. MILLER of Florida. That is cor- cies and will make it harder for the VA of Veterans Affairs (VA) to urge you to op- rect. to recruit exceptional medical pro- pose H.R. 5620, a bill introduced by Rep- Mr. TAKANO. The quotation was viders and managers. resentative Jeff Miller (R–FL) to provide for from that letter. H.R. 5620 would return us to the po- removal or demotion of VA employees, and I want to clarify that letter from the litical spoils system that was so prob- for other purposes. The drastic reductions in Office of Special Counsel was in sup- due process rights for every frontline VA em- lematic before the advent of civil serv- ployee proposed by this bill represents an- port of Mrs. KIRKPATRICK’s amendment, ice protections. not in support of the entire bill H.R. other familiar attempt to weaken the VA by I reserve the balance of my time. weakening its dedicated workforce. 5620, and I am pleased that the major- Mr. MILLER of Florida. Mr. Chair- Changes proposed by H.R. 5620, including ity joins us in support of that amend- man, I agree wholeheartedly with Mr. reduced time to respond to notices of pro- ment. TAKANO that it is the courts of the posed removals, reduced time to appeal to My colleague, Chairman MILLER, United States of America that would the Merit System Protection Board (MSPB), mentioned that we have already cov- rule something unconstitutional and the loss of MSPB rights if that agency is ered our concerns in the Choice Act, not the Attorney General of this coun- backlogged, and unfair processes for recoup- and President Obama lauded the Choice ing bonuses and work expenses, will decrease try. accountability by subjecting vocal employ- Act when signing it into law. I will re- Mr. Chairman, I yield 11⁄2 minutes to mind the chairman that the court—not ees who speak up against mismanagement the gentleman from the Third District and patient harm to more retaliation and Congress and not the President or the of Louisiana (Mr. BOUSTANY). harassment. The bill also would directly un- VA—determine whether a law meets Mr. BOUSTANY. Mr. Chairman, I dermine the Department’s progress in filling constitutional muster. have long fought for the highest qual- vacancies and recruiting and retaining a I am concerned that the strict and ity health care for our veterans and ac- strong VA workforce. arbitrary time limits in section 3 of countability, and I applaud Chairman Shorter Notice of Proposed Removal: H.R. 5620 violate constitutional due MILLER for bringing H.R. 5620 to the Under current law, VA employees, like most process and notions of basic fairness. floor for a vote. It is long overdue. government employees, are entitled to at least thirty days’ advance written notice be- The lack of any clear standard of This will not only provide greater op- misbehavior by a VA employee that fore they are terminated or demoted (See 5 tions for veterans going through the U.S.C. 7513(b)(1)). H.R. 5620 would reduce that would trigger the Secretary’s new fir- VA’s broken appeals process, but it notice period by two-thirds to only ten days. ing authority also concerns me. Courts also makes vital reforms to the Depart- A ten-day period is completely inadequate have allowed less notice if the behavior ment’s employee performance policies. for allowing an employee to respond to a no- of a civil servant threatens the safety This is commonsense legislation. It tice of proposed removal or demotion, re- of others, but due process may not be will improve outcomes for veterans in ceive his or her evidence file, present an ef- limited simply to make it more con- my home State of Louisiana, where the fective answer with supporting evidence and venient for Federal managers to get rid VA has a long history of very poor per- secure representation. Loss of Additional Rights for Petformance- of employees they don’t like. formance. Based Removals: VA employees facing re- That is why my amendment would The bill’s provisions will make it moval on poor performance would lose addi- pass constitutional muster and achieve easier for the VA Secretary to fire, de- tional due process rights under this bill, the chairman’s stated policy outcome mote, and recoup bonuses from employ- making it nearly impossible to prepare an ef- more effectively than section 3 of H.R. ees who don’t do their job. fective response. Currently, management

VerDate Sep 11 2014 03:01 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\A13SE7.026 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5397 must inform employees of specific instances Thank you for considering the views of veterans benefits legislative package before of unacceptable performance and the critical AFGE. If you need more information, please this session ends that we can all be proud of. elements for the position involved. (See 5 contact Marilyn Park of my staff. Sincerely, CFR 1201.22(b)(1).) The bill eliminates both Sincerely yours, DALE BARNETT, these rights to essential information to pre- J. DAVID COX, Sr., National Commander. pare one’s answer. National President. Reduced Time to File MSPB Appeal: Cur- Mr. TAKANO. The letter reads: ‘‘The DAV, rently, employees seeking MSPB review of July 14, 2016. drastic reductions in due process rights the agency’s decision have 30 calendar days Hon. JEFF MILLER, from effective date of the action or within 30 for every frontline VA employee pro- Chairman, House Committee on Veterans’ Af- days of receipt of agency decision, whichever posed by this bill represents another fairs, Washington, DC. is later to file an MSPB appeal. H.R. 5620 familiar attempt to weaken the VA by DEAR CHAIRMAN MILLER: On behalf of DAV would reduce that filing deadline by more weakening its dedicated workforce. and our 1.3 million members, all of whom than 75 percent to only 7 days after the date ‘‘Changes proposed by H.R. 5620, in- were injured or made ill during wartime of the removal or demotion. This extremely cluding reduced time to respond to no- service, I write to offer our support for H.R. tight filing deadline is likely to have a dis- 5620, the ‘‘VA Accountability First and Ap- proportionate effect on lower wage employ- tices of proposed removals, reduced peals Modernization Act of 2016.’’ This legis- ees who cannot afford representation. time to appeal to the Merit System lation could significantly improve the abil- Loss of All MSPB Appeal Rights if MSPB Protection Board (MSPB), the loss of ity of veterans to receive more timely and Fails to Meet Shorter Timeframe: MSPB suf- MSPB rights if that agency is back- accurate decisions on their claims and ap- fers from a chronic shortage of staff and logged, and unfair processes for recoup- peals for earned benefits. other resources. Like H.R. 1994, Representa- As you know, the number of appeals await- tive Miller’s 2015 ‘‘firing bill’’ to eliminate ing bonuses and work expenses, will de- crease accountability by subjecting ing decisions has risen dramatically—to al- the due process rights of every front-line VA most 450,000—and the average time for an ap- employee, this bill would take away all vocal employees who speak up against peal decision is between three and five years, MSPB appeal rights if a decision is not mismanagement and patient harm to a delay that is simply unacceptable. To ad- issued within 60 days, and instead, the VA’s more retaliation and harassment. The dress this challenge, VA convened a final decision would stand. AFGE is very bill also would directly undermine the workgroup in March consisting of DAV, concerned that this may violate constitu- Department’s progress in filling vacan- other stakeholders and VA officials in order tional due process. In addition, this is an ex- cies and recruiting and retaining a to seek common ground on a new framework tremely unrealistic time frame and employ- for appeals. After months of intensive ef- ees will be the ones to suffer as a result. Re- strong VA workforce.’’ I reserve the balance of my time. forts, the workgroup reached consensus on a cent MSPB data indicates an average proc- new framework for the appeals process that essing time for initial Administrative Judge Mr. MILLER of Florida. Mr. Chair- could offer veterans quicker decisions, while appeals of 93 days and average of 281 days for man, I yield myself such time as I may protecting their rights and prerogatives. Board review. consume. H.R. 5620, which contains the new appeals ‘‘Safe Harbor’’ for Whistleblower Claims I include in the RECORD the letters framework, would make fundamental Will Overburden the Office of Special Coun- changes to the appeals process by creating sel and Harm Whistleblowers: Like H.R. 1994, from five veterans service organiza- multiple options to appeal or reconsider this bill requires the Office of Special Coun- tions in support of this legislation, claims’ decisions, either formally to the sel (OSC) to review all agency decisions of H.R. 5620. Board or informally within the Veterans employees who file OSC whistleblower com- THE AMERICAN LEGION, Benefits Administration. The central feature plaints. OSC is already facing a significant July 12, 2016. of the legislation would provide veterans increase in claims and does not currently re- Hon. JEFF MILLER, three options, or ‘‘lanes,’’ to appeal unfavor- view agency decisions to remove or demote Chairman, Committee on Veterans’ Affairs, able claims decisions; and if they were not employees. This added responsibility will in- House of Representatives, Washington, DC. crease the OSC’s backlog and encourage the satisfied with their decisions, they could CHAIRMAN MILLER: On behalf of the more continue to pursue one of the other two op- filing of less meritorious whistleblower com- than 2 million members of The American Le- plaints. Complainants with more meritorious tions. As long as a veteran continuously pur- gion, I express qualified support for H.R. sues a new appeals option within one year of matters will be adversely affected by addi- 5620, the VA Accountability First and Ap- tional delays. the last decision, they would be able to pre- peals Modernization Act of 2016. The bill serve their earliest effective date. This legis- Reductions in Senior Executive Retire- would bring additional accountability meas- ment Annuities: AFGE also urges you oppose lation also allows veterans to present new ures to the Department of Veterans Affairs evidence and have a hearing before the Board this provision that would remove covered while strengthening protections for whistle- service in calculating the annuities of VA or VBA if they so desire. blowers. Additionally, the bill would reform If faithfully implemented as designed by senior executives who have been convicted of the department’s disability benefits appeals certain crimes. Pension recoupment is un- the workgroup, and if fully funded by Con- process—a top priority for VA leaders and gress and VA in the years ahead, H.R. 5620 necessary and punitive, and would set an ex- many veterans service organizations. tremely dangerous precedent throughout the would make a marked improvement in the Veterans deserve a first rate agency to pro- federal government for requiring forfeiture ability of veterans to get timely and accu- vide for their needs, and the VA is an excel- of earned compensation. rate decisions on appeals of their claims. We Unfair Bonus Recoupment Process: H.R. lent agency that is unfortunately marred urge the House to swiftly approve this legis- 5620 provides the VA Secretary with unfet- from time to time by bad actors that the lation and then work with the Senate to tered discretion to set the criteria for complicated system of discipline makes dif- reach agreement on final legislation that can recoupment of bonuses already paid to em- ficult to remove. Legislation to improve that be sent to the President to sign this year. ployees. In addition, the bill is ambiguous process and make it easier to deal with these Respectfully, about the appeals process that employees few, problem employees would help restore GARRY J. AUGUSTINE, could utilize to challenge an unfair bonus trust in what is otherwise an excellent sys- Executive Director, Washington Headquarters. recoupment decision. tem. However, we cannot support the prohi- Unfair Process for Recoupment of Pay- bition on VA senior executives from receiv- VETERANS OF FOREIGN WARS, ments for Relocation and Other Work Ex- ing awards or bonuses over the next five September 6, 2016. penses: H.R. 5620 would give management years. This overly punitive form of collective Hon. JEFF MILLER, overly broad authority to recoup allegedly punishment is unfair and counterproductive Chairman, House Veterans’ Affairs Committee, improper reimbursements of work-related to efforts to rebuild a leadership cadre after Washington, DC. expenses. This overly broad and possibly un- the extensive turnover experienced since the DEAR CHAIRMAN MILLER: On behalf of the constitutional provision could lead to more 2014 wait time scandal. men and women of the Veterans of Foreign mismanagement and targeting of employees. We wholeheartedly support the appeals Wars of the United States (VFW) and our VA already has ample authority to recoup modernization provisions in this legislation. Auxiliaries, we are pleased to offer our sup- improper payments, and payments made They represent a combined team effort be- port for H.R. 5620, the VA Accountability through misfeasance and malfeasance. In ad- tween VA, Congress, and the Veteran Service First and Appeals Modernization Act of 2016. dition, the Department already addressed Organizations to produce highly needed re- Your legislation would allow the Secretary abuse of relocation bonuses by eliminating forms to the complex disability claims ap- of the Department of Veterans Affairs (VA) its Appraised Value Offer program. The lack peals system and The American Legion is to expeditiously remove or demote any VA of appeal rights in the bill is likely to give proud of the work accomplished here. employee based on poor performance or mis- rise to an unconstitutional taking. This pro- The American Legion thanks you for the conduct. For far too long, under performing vision would further erode the morale of the leadership you have shown to bring improve- employees have been allowed to continue VA workforce and discourage employees ment and more accountability to VA. We are working at VA, simply because the processes from relocating to hard-to-recruit locations committed to working with you and your for removal are so protracted. The VFW be- to fill vacancies. House and Senate colleagues to shepherd a lieves that employees should have some

VerDate Sep 11 2014 05:27 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\A13SE7.027 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5398 CONGRESSIONAL RECORD — HOUSE September 13, 2016 layer of protection, but that true account- writing to express our appreciation for your H.R. 5620 ability must be enforced for those who will- continuing efforts to improve accountability Be it enacted by the Senate and House of Rep- fully fail to meet the standard. This is crit- across the Department of Veterans Affairs resentatives of the United States of America in ical to ensuring that VA consistently pro- (VA) and modernize the disability claims Congress assembled, vides the highest quality services, as well as system through sponsorship of H.R. 5620, the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. continuing to restore veterans’ faith in the VA Accountability First and Appeals Mod- (a) SHORT TITLE.—This Act may be cited as Department. ernization Act of 2016. the ‘‘VA Accountability First and Appeals Additionally, your legislation works to ad- This bill builds upon your earlier legisla- Modernization Act of 2016’’. dress concerns related to the appeal of a vet- tion, H.R. 1994, the VA Accountability Act of eran’s disability compensation claim. Today, (b) TABLE OF CONTENTS.—The table of con- 2015, by further strengthening protections tents for this Act is as follows: there are more than 450,000 appeals awaiting for whistleblowers, providing for removal or the years-long process to a final decision by demotion of employees based on performance Sec. 1. Short title; table of contents. the Board of Veterans’ Appeals. While the or misconduct, and reforming the disability Sec. 2. References to title 38, United States VFW insists that the right of the veteran to benefits appeals process. Code. appeal must be continued and protected, MOAA appreciates your commitment to Sec. 3. Removal or demotion of employees common sense changes like those included in providing the Secretary of Veterans Affairs based on performance or mis- this legislation will help to eliminate back- the additional authority to remove employ- conduct. logs, reduce the amount of time that vet- ees for sub-standard performance and mis- Sec. 4. Reduction of benefits for members of erans wait for their earned benefits, and still conduct. However, we do have some concerns the Senior Executive Service ensure that veterans receive the assistance about setting a long-term prohibition on within the Department of Vet- needed when completing such appeals. Senior Executive Service employee bonuses erans Affairs convicted of cer- The VFW commends your leadership on tain crimes. this issue and your commitment to meaning- for the period 2017 to 2021, mentioned in Sec- tion 10. MOAA anticipates VA employees, Sec. 5. Authority to recoup bonuses or ful VA reforms. We look forward to working awards paid to employees of De- with you to ensure the passage of this impor- who are striving to solve these very difficult problems, should have the ability to be re- partment of Veterans Affairs. tant legislation. Sec. 6. Authority to recoup relocation ex- Sincerely, warded for making progress. MOAA would prefer to see conditions placed on receipt of penses paid to or on behalf of RAYMOND C. KELLEY, employees of Department of Director, VFW National Legislative Service. bonuses rather than implement a blanket prohibition. Veterans Affairs. MOAA believes the result of change should Sec. 7. Senior executives: personnel actions PARALYZED VETERANS OF AMERICA, based on performance or mis- July 11, 2016. be outcome-driven. That is, accountability mechanisms should be placed on achieving a conduct. Hon. JEFF MILLER, Sec. 8. Treatment of whistleblower com- Chairman, House Committee on Veterans’ Af- desired outcome versus prescribing each step taken to reach that outcome. We support the plaints in Department of Vet- fairs, Washington, DC. erans Affairs. DEAR CHAIRMAN MILLER: On behalf of Para- restructuring of the VA claims adjudication Sec. 9. Appeals reform. lyzed Veterans of America (PVA), I would process and the goal of providing veterans Sec. 10. Limitation on awards and bonuses like to offer our support for H.R. 5620, the with more expeditious claim resolution. paid to senior executive em- ‘‘VA Accountability First and Appeals Mod- That said, we are concerned the proposed bill ployees of Department of Vet- ernization Act.’’ This important legislation appears to eliminate the VA’s duty to assist erans Affairs. focuses on two important issues that must veterans with their claims during the appeal be addressed within the Department of Vet- process. MOAA believes continuing the VA’s SEC. 2. REFERENCES TO TITLE 38, UNITED erans Affairs (VA)—accountability at all lev- duty to assist veterans during the appeal STATES CODE. els and reform of the veterans’ claims ap- will be important to fair resolution of the Except as otherwise expressly provided, peals process. claim. whenever in this Act an amendment or re- As you are aware, PVA has supported ef- In closing, MOAA urges the House and Sen- peal is expressed in terms of an amendment forts to ensure proper accountability at all ate Committees on Veterans’ Affairs to work to, or repeal of, a section or other provision, levels of the Department of Veterans Affairs together to reach agreement on how best to the reference shall be considered to be made (VA). Unfortunately, in recent years there move forward on H.R. 5620 and S. 2921, the to a section or other provision of title 38, have been numerous accounts of bad actors Veterans First Act, incorporating the nec- United States Code. in VA senior management (and frankly lower essary elements of accountability and ap- SEC. 3. REMOVAL OR DEMOTION OF EMPLOYEES level management) who have failed to fulfill peals in order to achieve meaningful and sub- BASED ON PERFORMANCE OR MIS- the responsibility of their positions and in stantive reform before Congress adjourns CONDUCT. some cases arguably violated the law. The this year. (a) IN GENERAL.—Chapter 7 is amended by focus on accountability in this proposal We deeply appreciate your support of our adding at the end the following new section: strikes a reasonable balance to ensure VA nation’s servicemembers, veterans and their ‘‘§ 715. Employees: removal or demotion based leadership has the ability to manage per- families. MOAA looks forward to continuing on performance or misconduct sonnel while affording due process protec- cooperation with you in helping to resolve ‘‘(a) IN GENERAL.—The Secretary may re- tions to VA employees. these important issues. move or demote an individual who is an em- Additionally, while work remains to en- Sincerely, ployee of the Department if the Secretary sure appropriate implementation, this legis- LT. GEN. DANA T. ATKINS, USAF (RET), determines the performance or misconduct lation advances critically needed appeals re- President and CEO. form. PVA, and our partners in the veterans’ of the individual warrants such removal or service organization community, has been Mr. MILLER of Florida. I reserve the demotion. If the Secretary so removes or de- directly engaged with VA to affect meaning- balance of my time. motes such an individual, the Secretary ful appeals reform. This legislation reflects Mr. TAKANO. Mr. Chairman, I yield may— ‘‘(1) remove the individual from the civil much of that work. However, we must em- myself such time as I may consume. phasize that VA needs a definitive plan to service (as defined in section 2101 of title 5); Mr. Chairman, for all of the foregoing or address implementation, specifically a plan arguments that were made today, I to deal with the current inventory of ap- ‘‘(2) demote the individual by means of— peals. urge all of my colleagues to vote ‘‘no’’ ‘‘(A) a reduction in grade for which the in- Mr. Chairman, we applaud your commit- on H.R. 5620. dividual is qualified and that the Secretary ment to strong accountability and meaning- I yield back the balance of my time. determines is appropriate; or ful appeals reform at the VA. We hope that Mr. MILLER of Florida. Mr. Chair- ‘‘(B) a reduction in annual rate of pay that the Committee will consider and approve man, I yield myself such time as I may the Secretary determines is appropriate. ‘‘(b) PAY OF CERTAIN DEMOTED INDIVID- this important legislation expeditiously. consume. Respectfully, UALS.—(1) Notwithstanding any other provi- I urge all Members to support H.R. SHERMAN GILLUMS, Jr., sion of law, any individual subject to a de- Executive Director, 5620, and I yield back the balance of my motion under subsection (a)(2)(A) shall, be- Paralyzed Veterans of America time. ginning on the date of such demotion, re- The Acting CHAIR (Mr. MOONEY of ceive the annual rate of pay applicable to MILITARY OFFICERS West Virginia). All time for general de- such grade. ASSOCIATION OF AMERICA, bate has expired. ‘‘(2) An individual so demoted may not be August 16, 2016. Pursuant to the rule, the bill shall be placed on administrative leave or any other category of paid leave during the period dur- Hon. JEFF MILLER, considered for amendment under the 5- Chairman, Committee on Veterans’ Affairs, ing which an appeal (if any) under this sec- House of Representatives, Washington, DC. minute rule. The bill shall be consid- tion is ongoing, and may only receive pay if DEAR CHAIRMAN MILLER: On behalf of ered as read. the individual reports for duty. If an indi- MOAA’s more than 390,000 members, I am The text of the bill is as follows: vidual so demoted does not report for duty,

VerDate Sep 11 2014 05:27 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\A13SE7.036 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5399 such individual shall not receive pay or Counsel based on an alleged prohibited per- added by section 3, the following new sec- other benefits pursuant to subsection (e)(5). sonnel practice described in section 2302(b) of tion: ‘‘(c) NOTICE TO CONGRESS.—Not later than title 5, the Secretary may not remove or de- ‘‘§ 717. Senior executives: reduction of bene- 30 days after removing or demoting an indi- mote such individual under subsection (a) fits of individuals convicted of certain vidual under subsection (a), the Secretary without the approval of the Special Counsel crimes shall submit to the Committees on Veterans’ under section 1214(f) of title 5. ‘‘(a) REDUCTION OF ANNUITY FOR REMOVED Affairs of the Senate and House of Rep- ‘‘(2) In the case of an individual who has EMPLOYEE.—(1) The Secretary shall order resentatives notice in writing of such re- filed a whistleblower complaint, as such that the covered service of an individual re- moval or demotion and the reason for such term is defined in section 741 of this title, moved from a senior executive position for removal or demotion. the Secretary may not remove or demote performance or misconduct under section 713 ‘‘(d) PROCEDURE.—(1) Subsection (b) of sec- such individual under subsection (a) until a of this title, chapter 43 or subchapter V of tion 7513 of title 5 shall apply with respect to final decision with respect to the whistle- chapter 75 of title 5, or any other provision a removal or a demotion under this section, blower complaint has been made. of law shall not be taken into account for except that the period for notice and re- ‘‘(g) TERMINATION OF INVESTIGATIONS BY purposes of calculating an annuity with re- sponse, which includes the advance notice OFFICE OF SPECIAL COUNSEL.—Notwith- spect to such individual under chapter 83 or period required by paragraph (1) of such sub- standing any other provision of law, the Spe- chapter 84 of title 5, if— section and the response period required by cial Counsel (established by section 1211 of ‘‘(A) the individual is convicted of a felony paragraph (2) of such subsection, shall not title 5) may terminate an investigation of a that influenced the individual’s performance exceed a total of ten calendar days. prohibited personnel practice alleged by an ‘‘(2) The procedures under chapter 43 of employee or former employee of the Depart- while employed in the senior executive posi- title 5 shall not apply to a removal or demo- ment after the Special Counsel provides to tion; and tion under this section. the employee or former employee a written ‘‘(B) before such order is made, the indi- ‘‘(3)(A) Subject to subparagraph (B) and statement of the reasons for the termination vidual is afforded— subsection (e), any removal or demotion of the investigation. Such statement may ‘‘(i) notice of the order and an opportunity under subsection (a) may be appealed to the not be admissible as evidence in any judicial to respond to the order; and Merit Systems Protection Board under sec- or administrative proceeding without the ‘‘(ii) consistent with paragraph (2), an op- tion 7701 of title 5. consent of such employee or former em- portunity to appeal the order to another de- ‘‘(B) An appeal under subparagraph (A) of a ployee. partment or agency of the Federal Govern- removal or demotion may only be made if ‘‘(h) RELATION TO OTHER AUTHORITIES.— ment. such appeal is made not later than seven The authority provided by this section is in ‘‘(2) If a final decision on an appeal made days after the date of such removal or demo- addition to the authority provided by sub- under paragraph (1)(B)(ii) is not made by the tion. chapter V of chapter 74 of this title, sub- applicable department or agency of the Fed- ‘‘(e) EXPEDITED REVIEW BY MSPB.—(1) chapter II of chapter 75 of title 5, chapter 43 eral Government within 30 days after receiv- Upon receipt of an appeal under subsection of such title, and any other authority with ing such appeal, the order of the Secretary (d)(3)(A), the Merit Systems Protection respect to disciplining an individual. under paragraph (1) shall be final and not Board shall expedite any such appeal under ‘‘(i) DEFINITIONS.—In this section: subject to further appeal. such section and, in any such case, shall ‘‘(1) The term ‘individual’ means an indi- ‘‘(b) REDUCTION OF ANNUITY FOR RETIRED issue a decision not later than 60 days after vidual occupying a position at the Depart- EMPLOYEE.—(1) The Secretary may order the date of the appeal. ment but does not include— that the covered service of an individual who ‘‘(2) Notwithstanding section 7701(c)(1)(B) ‘‘(A) an individual, as that term is defined is subject to a removal or transfer action for of title 5, the Merit Systems Protection in section 713(g)(1); or performance or misconduct under section 713 Board shall uphold the decision of the Sec- ‘‘(B) a political appointee. of this title, chapter 43 or subchapter V of retary to remove or demote an employee ‘‘(2) The term ‘grade’ has the meaning chapter 75 of title 5, or any other provision under subsection (a) if the decision is sup- given such term in section 7511(a) of title 5. of law but who leaves employment at the De- ported by substantial evidence. ‘‘(3) The term ‘misconduct’ includes ne- partment prior to the issuance of a final de- ‘‘(3) The decision of the Merit Systems glect of duty, malfeasance, or failure to ac- cision with respect to such action shall not Protection Board under paragraph (1), and cept a directed reassignment or to accom- be taken into account for purposes of calcu- any final removal or demotion described in pany a position in a transfer of function. lating an annuity with respect to such indi- paragraph (4), may be appealed to the United ‘‘(4) The term ‘political appointee’ means vidual under chapter 83 or chapter 84 of title States Court of Appeals for the Federal Cir- an individual who is— 5, if— cuit pursuant to section 7703 of title 5. Any ‘‘(A) employed in a position described ‘‘(A) the individual is convicted of a felony decision by such Court shall be in compli- under sections 5312 through 5316 of title 5 (re- that influenced the individual’s performance ance with section 7462(f)(2) of this title. lating to the Executive Schedule); while employed in the senior executive posi- ‘‘(4) In any case in which the Merit Sys- ‘‘(B) a limited term appointee, limited tion; and tems Protection Board cannot issue a deci- emergency appointee, or noncareer ap- ‘‘(B) before such order is made, the indi- sion in accordance with the 60-day require- pointee in the Senior Executive Service, as vidual is afforded notice and an opportunity ment under paragraph (1), the removal or de- defined under paragraphs (5), (6), and (7), re- for a hearing conducted by another depart- motion is final. In such a case, the Merit spectively, of section 3132(a) of title 5; or ment or agency of the Federal Government. Systems Protection Board shall, within 14 ‘‘(C) employed in a position of a confiden- ‘‘(2) The Secretary shall make such an days after the date that such removal or de- tial or policy-determining character under order not later than seven days after the motion is final, submit to Congress and the schedule C of subpart C of part 213 of title 5 date of the conclusion of a hearing referred Committees on Veterans’ Affairs of the Sen- of the Code of Federal Regulations.’’. to in paragraph (1)(B) that determines that ate and House of Representatives a report (b) CLERICAL AND CONFORMING AMEND- such order is lawful. that explains the reasons why a decision was MENTS.— ‘‘(c) ADMINISTRATIVE REQUIREMENTS.—(1) not issued in accordance with such require- (1) CLERICAL.—The table of sections at the Not later than 30 days after the Secretary ment. beginning of chapter 7 is amended by insert- issues an order under subsection (a) or (b), ‘‘(5) The Merit Systems Protection Board ing after the item relating to section 713 the the Director of the Office of Personnel Man- may not stay any removal or demotion following new item: agement shall recalculate the annuity of the under this section. ‘‘715. Employees: removal or demotion based individual. ‘‘(6) During the period beginning on the on performance or mis- ‘‘(2) A decision regarding whether the cov- date on which an individual appeals a re- conduct.’’. ered service of an individual shall be taken into account for purposes of calculating an moval from the civil service under sub- (2) CONFORMING.—Section 4303(f) of title 5, section (d) and ending on the date that the United States Code, is amended— annuity under subsection (a) or (b) is final Merit Systems Protection Board issues a (A) by striking ‘‘or’’ at the end of para- and may not be reviewed by any department final decision on such appeal, such individual graph (2); or agency or any court. may not receive any pay, awards, bonuses, (B) by striking the period at the end of ‘‘(d) LUMP-SUM ANNUITY CREDIT.—Any indi- incentives, allowances, differentials, student paragraph (3) and inserting ‘‘, or’’; and vidual with respect to whom an annuity is loan repayments, special payments, or bene- (C) by adding at the end the following: reduced under subsection (a) or (b) shall be fits. ‘‘(4) any removal or demotion under sec- entitled to be paid so much of such individ- ‘‘(7) To the maximum extent practicable, tion 715 of title 38.’’. ual’s lump-sum credit as is attributable to the Secretary shall provide to the Merit Sys- the period of covered service. SEC. 4. REDUCTION OF BENEFITS FOR MEMBERS tems Protection Board such information and OF THE SENIOR EXECUTIVE SERV- ‘‘(e) SPOUSE OR CHILDREN EXCEPTION.—The assistance as may be necessary to ensure an ICE WITHIN THE DEPARTMENT OF Secretary, in consultation with the Office of appeal under this subsection is expedited. VETERANS AFFAIRS CONVICTED OF Personnel Management, shall prescribe regu- ‘‘(f) WHISTLEBLOWER PROTECTION.—(1) In CERTAIN CRIMES. lations that may provide for the payment to the case of an individual seeking corrective (a) REDUCTION OF BENEFITS.— the spouse or children of any individual re- action (or on behalf of whom corrective ac- (1) IN GENERAL.—Chapter 7 is further ferred to in subsection (a) or (b) of any tion is sought) from the Office of Special amended by inserting after section 715, as amounts which (but for this subsection)

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would otherwise have been nonpayable by (b) CLERICAL AMENDMENT.—The table of issued by the Office of Personnel Manage- reason of such subsections. Any such regula- sections at the beginning of such chapter, as ment and the Office of Management and tions shall be consistent with the require- amended by section 4, is amended by insert- Budget regarding the performance appraisal ments of section 8332(o)(5) and 8411(l)(5) of ing after the item relating to section 717 the system of the Senior Executive Service of title 5, as the case may be. following new item: the Department of Veterans Affairs. ‘‘(f) DEFINITIONS.—In this section: ‘‘719. Recoupment of bonuses or awards paid SEC. 7. SENIOR EXECUTIVES: PERSONNEL AC- ‘‘(1) The term ‘covered service’ means, with to employees of Department.’’. TIONS BASED ON PERFORMANCE OR respect to an individual subject to a removal (c) EFFECTIVE DATE.—Section 719 of title MISCONDUCT. or transfer for performance or misconduct 38, United States Code, as added by sub- (a) EXPANSION OF COVERED PERSONNEL AC- under section 713 of this title, chapter 43 or section (a), shall apply with respect to an TIONS.—Section 713 is amended in subsection subchapter V of chapter 75 of title 5, or any award or bonus paid by the Secretary of Vet- (a)(1) by inserting after ‘‘such removal.’’ the other provision of law, the period of service erans Affairs to an employee of the Depart- following: ‘‘If the Secretary determines that beginning on the date that the Secretary de- ment of Veterans Affairs on or after the date the performance or misconduct of such an in- termines under such applicable provision of the enactment of this Act. dividual does not merit removal from the that the individual engaged in activity that (d) CONSTRUCTION.—Nothing in this Act or senior executive service position, the Sec- gave rise to such action and ending on the the amendments made by this Act may be retary may suspend, reprimand, or admonish date that the individual is removed or trans- construed to modify the certification issued the individual.’’. ferred from the senior executive position or by the Office of Personnel Management and (b) REMOVAL OF APPEAL TO MERIT SYSTEMS leaves employment at the Department prior the Office of Management and Budget re- PROTECTION BOARD.—Section 713 is further to the issuance of a final decision with re- garding the performance appraisal system of amended— spect to such action, as the case may be. the Senior Executive Service of the Depart- (1) in subsection (a)— ‘‘(2) The term ‘lump-sum credit’ has the ment of Veterans Affairs. (A) in paragraph (1), by striking ‘‘so re- meaning given such term in section 8331(8) or SEC. 6. AUTHORITY TO RECOUP RELOCATION EX- moves’’ and inserting ‘‘removes’’; and section 8401(19) of title 5, as the case may be. PENSES PAID TO OR ON BEHALF OF (B) by adding at the end the following: ‘‘(3) The term ‘senior executive position’ EMPLOYEES OF DEPARTMENT OF ‘‘(3) On the date that is 5 days before tak- has the meaning given such term in section VETERANS AFFAIRS. ing any personnel action against a senior ex- 713(g)(3) of this title. (a) IN GENERAL.—Chapter 7 is further ecutive under paragraph (1), the Secretary ‘‘(4) The term ‘service’ has the meaning amended by adding at the end the following shall provide the individual with— given such term in section 8331(12) or section new section: ‘‘(A) notice in writing of the proposed per- 8401(26) of title 5, as the case may be.’’. ‘‘§ 721. Recoupment of relocation expenses sonnel action, including the reasons for such (2) CLERICAL AMENDMENT.—The table of paid on behalf of employees of Department action; and sections at the beginning of chapter 7 of such ‘‘(B) an opportunity to respond to the pro- ‘‘(a) RECOUPMENT.—(1) Notwithstanding title is amended by inserting after the item any other provision of law, the Secretary posed personnel action within the 5-day pe- relating to section 715, as added by section 3, may direct an employee of the Department riod.’’; the following new item: to repay the amount, or a portion of the (2) in subsection (b)(2)— ‘‘717. Senior executives: reduction of benefits amount, paid to or on behalf of the employee (A) by striking ‘‘under this section’’ and of individuals convicted of cer- under title 5 for relocation expenses, includ- inserting ‘‘under section 723’’; and tain crimes.’’. ing any expenses under section 5724 or 5724a (B) by striking the second sentence; (b) APPLICATION.—Section 717 of title 38, of such title, or this title if— (3) in subsection (c)— United States Code, as added by subsection ‘‘(A) the Secretary determines that— (A) by striking ‘‘30’’ and inserting ‘‘5’’; and (a)(1), shall apply to any action of removal or ‘‘(i) the employee has committed an act of (B) by striking ‘‘and the reason for such re- transfer under section 713 of title 38, United fraud, waste, or malfeasance; and moval or transfer’’ and inserting ‘‘, the rea- States Code, commencing on or after the ‘‘(ii) such repayment is appropriate pursu- son for such removal or transfer, the name date of the enactment of this Act. ant to regulations prescribed under sub- and position of the employee, and all charg- SEC. 5. AUTHORITY TO RECOUP BONUSES OR section (c); and ing documents and evidence pertaining to AWARDS PAID TO EMPLOYEES OF such removal or transfer’’; DEPARTMENT OF VETERANS AF- ‘‘(B) before such repayment is ordered, the individual is afforded— (4) by striking subsections (d) and (e) and FAIRS. inserting the following: (a) IN GENERAL.—Chapter 7 is further ‘‘(i) notice of the determination of the Sec- ‘‘(d) PROCEDURE.—(1) The procedures under amended by inserting after section 717, as retary and an opportunity to respond to the determination; and title 5 shall not apply to any personnel ac- added by section 4, the following new sec- tion under this section. tion: ‘‘(ii) consistent with paragraph (2), an op- portunity to appeal the determination to an- ‘‘(2) A personnel action under this sec- ‘‘§ 719. Recoupment of bonuses or awards tion— paid to employees of Department other department or agency of the Federal Government. ‘‘(A) may be appealed to the Senior Execu- ‘‘(a) RECOUPMENT.—Notwithstanding any ‘‘(2) If a final decision on an appeal made tive Disciplinary Appeals Board under sec- other provision of law, the Secretary may under paragraph (1)(B)(ii) is not made by the tion 723; and issue an order directing an employee of the applicable department or agency of the Fed- ‘‘(B) may not be appealed to the Merit Sys- Department to repay the amount, or a por- eral Government within 30 days after receiv- tems Protection Board under section 7701 of tion of the amount, of any award or bonus ing such appeal, the order of the Secretary title 5.’’; paid to the employee under title 5, including under paragraph (1) shall be final and not (5) by redesignating subsections (f) and (g) under chapters 45 or 53 of such title, or this subject to further appeal. as subsections (e) and (f), respectively; and title if— ‘‘(b) REVIEW.—A decision regarding a re- (6) in subsection (f), as redesignated by ‘‘(1) the Secretary determines such repay- payment by an employee pursuant to sub- paragraph (5), by adding at the end the fol- ment appropriate pursuant to regulations section (a)(1)(B)(ii) is final and may not be lowing: prescribed under subsection (c); and reviewed by any department, agency, or ‘‘(4) The term ‘suspend’ means the placing ‘‘(2) before such repayment, the employee court. of an individual in a temporary status with- is afforded notice and an opportunity for a ‘‘(c) REGULATIONS.—The Secretary shall out duties and pay for a period greater than hearing conducted by another department or prescribe regulations to carry out this sec- 14 days.’’. agency of the Federal Government. tion.’’. (c) REMOVAL OF EXPEDITED PROCEDURES.— ‘‘(b) REVIEW.—(1) Upon the issuance of an (b) CLERICAL AMENDMENT.—The table of Section 707 of the Veterans Access, Choice, order by the Secretary under subsection (a), sections at the beginning of such chapter is and Accountability Act of 2014 (38 U.S.C. 713 the employee shall be afforded— further amended by adding at the end the note) is amended by— ‘‘(A) notice of the order and an opportunity following new item: (1) striking subsection (b); and to respond to the order; and (2) redesignating subsections (c) and (d) as ‘‘721. Recoupment of relocation expenses paid ‘‘(B) consistent with paragraph (2), an op- subsections (b) and (c), respectively. to or on behalf of employees of portunity to appeal the order to another de- (d) SENIOR EXECUTIVE DISCIPLINARY AP- Department.’’. partment or agency of the Federal Govern- PEALS BOARD.—Chapter 7 is further amended (c) EFFECTIVE DATE.—Section 721 of title ment. by inserting after section 721, as added by 38, United States Code, as added by sub- ‘‘(2) If a final decision on an appeal made section 6, the following new section: under paragraph (1)(B) is not made by the ap- section (a), shall apply with respect to an plicable department or agency of the Federal amount paid by the Secretary of Veterans ‘‘§ 723. Senior Executive Disciplinary Appeals Government within 30 days after receiving Affairs to or on behalf of an employee of the Board such appeal, the order of the Secretary under Department of Veterans Affairs for reloca- ‘‘(a) The Secretary shall from time to time subsection (a) shall be final and not subject tion expenses on or after the date of the en- appoint a board to hear appeals of any per- to further appeal. actment of this Act. sonnel action taken under section 713. Such ‘‘(c) REGULATIONS.—The Secretary shall (d) CONSTRUCTION.—Nothing in this section board shall be known as the Senior Execu- prescribe regulations to carry out this sec- or the amendments made by this section tive Disciplinary Appeals Board (hereinafter tion.’’. may be construed to modify the certification referred to as the ‘Board’). Each Board shall

VerDate Sep 11 2014 03:01 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\A13SE7.028 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5401 consist of 3 employees of the Department. assisting another employee to disclose, a po- section (b)(1) regarding a whistleblower com- The Board shall have exclusive jurisdiction tential violation of any law, rule, or regula- plaint filed by an employee, the Secretary to review any personnel action under section tion, or gross mismanagement, gross waste shall— 713. of funds, abuse of authority, or substantial ‘‘(1) inform the employee of the ability to ‘‘(b) Upon an appeal of such a personnel ac- and specific danger to public health and safe- volunteer for a transfer in accordance with tion, the Senior Executive Disciplinary Ap- ty. section 3352 of title 5; and peals Board shall— ‘‘§ 742. Treatment of whistleblower com- ‘‘(2) give preference to the employee for ‘‘(1) review all evidence provided by the plaints such a transfer in accordance with such sec- Secretary and the appellant; and tion. ‘‘(a) FILING.—(1) In addition to any other ‘‘(2) issue a decision not later than 21 days ‘‘(f) PROHIBITION ON EXEMPTION.—The Sec- method established by law in which an em- after the date of the appeal. retary may not exempt any employee of the ployee may file a whistleblower complaint, ‘‘(c) The Board shall afford an employee Department from being covered by this sec- an employee of the Department may file a appealing a personnel action an opportunity tion. whistleblower complaint in accordance with for an oral hearing. If such a hearing is held, ‘‘(g) WHISTLEBLOWER COMPLAINT FORM.—(1) subsection (g) with a supervisor of the em- the appellant may be represented by counsel. A whistleblower complaint filed by an em- ployee. ployee under subsection (a) or (d) shall con- ‘‘(d) The Board shall uphold the decision of ‘‘(2) Except as provided by subsection sist of the form described in paragraph (2) the Secretary if— (d)(1), in making a whistleblower complaint and any supporting materials or documenta- ‘‘(1) there is substantial evidence sup- under paragraph (1), an employee shall file tion the employee determines necessary. porting the decision; and the initial complaint with the immediate su- ‘‘(2) The form described in this paragraph ‘‘(2) the applicable personnel action is pervisor of the employee. within the tolerable bounds of reasonable- is a form developed by the Secretary, in con- ‘‘(b) NOTIFICATION.—(1) Not later than four sultation with the Special Counsel, that in- ness. business days after the date on which a su- cludes the following: ‘‘(e) If the Board issues a decision under pervisor receives a whistleblower complaint ‘‘(A) An explanation of the purpose of the this section that reverses or otherwise miti- by an employee under this section, the su- whistleblower complaint form. gates the applicable personnel action, the pervisor shall notify, in writing, the em- ‘‘(B) Instructions for filing a whistleblower Secretary may reverse the decision of the ployee of whether the supervisor determines complaint as described in this section. Board. Consistent with the requirements of that there is a reasonable likelihood that the ‘‘(C) An explanation that filing a whistle- subsection (g), the decision of the Secretary complaint discloses a violation of any law, blower complaint under this section does not under this subsection shall be final. rule, or regulation, or gross mismanagement, preclude the employee from any other meth- ‘‘(f) In any case in which the Board cannot gross waste of funds, abuse of authority, or od established by law in which an employee issue a decision in accordance with the 21- substantial and specific danger to public may file a whistleblower complaint. day requirement under subsection (b)(2), the health and safety. The supervisor shall re- ‘‘(D) A statement directing the employee personnel action is final. tain written documentation regarding the to information accessible on the Internet ‘‘(g) A petition to review a final order or whistleblower complaint and shall submit to website of the Department as described in final decision of the Secretary or the Board the next-level supervisor a written report on section 745(c). under this section shall be filed in the United the complaint. ‘‘(E) Fields for the employee to provide— States Court of Appeals for the Federal Cir- ‘‘(2) On a monthly basis, the supervisor ‘‘(i) the date that the form is submitted; cuit. Any decision by such Court shall be in shall submit to the appropriate director or ‘‘(ii) the name of the employee; compliance with section 7462(f)(2) of this other official who is superior to the super- ‘‘(iii) the contact information of the em- title. visor a written report that includes the num- ployee; ‘‘(h) During the period beginning on the ber of whistleblower complaints received by ‘‘(iv) a summary of the whistleblower com- date on which an individual appeals a re- the supervisor under this section during the plaint (including the option to append sup- moval from the civil service under section month covered by the report, the disposition porting documents pursuant to paragraph 713(d) and ending on the date that the Board of such complaints, and any actions taken (1)); and or Secretary issues a final decision on such because of such complaints pursuant to sub- ‘‘(v) proposed solutions to complaint. appeal, such individual may not receive any section (c). In the case in which such a direc- ‘‘(F) Any other information or fields that pay, awards, bonuses, incentives, allowances, tor or official carries out this paragraph, the the Secretary determines appropriate. differentials, student loan repayments, spe- director or official shall submit such month- ‘‘(3) The Secretary, in consultation with cial payments, or benefits.’’. ly report to the supervisor of the director or the Special Counsel, shall develop the form (e) TECHNICAL AND CLERICAL AMEND- official. described in paragraph (2) by not later than MENTS.— ‘‘(c) POSITIVE DETERMINATION.—If a super- 60 days after the date of the enactment of (1) TECHNICAL AMENDMENT.—The section visor makes a positive determination under this section. heading of section 713 is amended to read as subsection (b)(1) regarding a whistleblower follows: Senior executives: personnel actions complaint of an employee, the supervisor ‘‘§ 743. Adverse actions against supervisory based on performance or misconduct. shall include in the notification to the em- employees who commit prohibited per- (2) CLERICAL AMENDMENTS.—The table of ployee under such subsection the specific ac- sonnel actions relating to whistleblower contents for such chapter is further amend- tions that the supervisor will take to address complaints ed— the complaint. ‘‘(a) IN GENERAL.—(1) In accordance with (A) by striking the item relating to section ‘‘(d) FILING COMPLAINT WITH NEXT-LEVEL paragraph (2), the Secretary shall carry out 713 and inserting the following: SUPERVISORS.—(1) If any circumstance de- the following adverse actions against super- ‘‘713. Senior executives: personnel actions scribed in paragraph (3) is met, an employee visory employees whom the Secretary, an based on performance or mis- may file a whistleblower complaint in ac- administrative judge, the Merit Systems conduct.’’; cordance with subsection (g) with the next- Protection Board, the Office of Special Coun- and level supervisor who shall treat such com- sel, an adjudicating body provided under a (B) by adding at the end the following: plaint in accordance with this section. union contract, a Federal judge, or the In- ‘‘723. Senior Executive Disciplinary Appeals ‘‘(2) An employee may file a whistleblower spector General of the Department deter- Board.’’. complaint with the Secretary if the em- mines committed a prohibited personnel ac- (f) RULE OF CONSTRUCTION.—Nothing in this ployee has filed the whistleblower complaint tion described in subsection (c): section or section 731 of title 38, United to each level of supervisors between the em- ‘‘(A) With respect to the first offense, an States Code, (as added by subsection (c)) ployee and the Secretary in accordance with adverse action that is not less than a 14-day shall be construed to apply to an appeal of a paragraph (1). suspension and not more than removal. removal, transfer, or other personnel action ‘‘(3) A circumstance described in this para- ‘‘(B) With respect to the second offense, re- that was pending before the date of the en- graph are any of the following cir- moval. actment of this Act. cumstances: ‘‘(2)(A) Except as provided by subparagraph SEC. 8. TREATMENT OF WHISTLEBLOWER COM- ‘‘(A) A supervisor does not make a timely (B), and notwithstanding subsections (b) and PLAINTS IN DEPARTMENT OF VET- determination under subsection (b)(1) re- (c) of section 7513 and section 7543 of title 5, ERANS AFFAIRS. garding a whistleblower complaint. the provisions of subsections (d) and (e) of (a) IN GENERAL.—Chapter 7 is further ‘‘(B) The employee who made a whistle- section 713 of this title shall apply with re- amended by adding at the end the following blower complaint determines that the super- spect to an adverse action carried out under new subchapter: visor did not adequately address the com- paragraph (1). plaint pursuant to subsection (c). ‘‘(B) An employee who is notified of being ‘‘SUBCHAPTER II—WHISTLEBLOWER ‘‘(C) The immediate supervisor of the em- the subject of a proposed adverse action COMPLAINTS ployee is the basis of the whistleblower com- under paragraph (1) may not be given more ‘‘§ 741. Whistleblower complaint defined plaint. than five days following such notification to ‘‘In this subchapter, the term ‘whistle- ‘‘(e) TRANSFER OF EMPLOYEE WHO FILES provide evidence to dispute such proposed blower complaint’ means a complaint by an WHISTLEBLOWER COMPLAINT.—If a supervisor adverse action. If the employee does not pro- employee of the Department disclosing, or makes a positive determination under sub- vide any such evidence, or if the Secretary

VerDate Sep 11 2014 03:01 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\A13SE7.028 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5402 CONGRESSIONAL RECORD — HOUSE September 13, 2016 determines that such evidence is not suffi- recting a supervisor described in subsection cial Counsel information relating to a whis- cient to reverse the determination to pro- (a)(2)(B) to repay the amount of any award tleblower complaint pursuant to section 1213 pose the adverse action, the Secretary shall or bonus paid under this title or title 5, in- of title 5, the Secretary shall notify the carry out the adverse action following such cluding under chapter 45 or 53 of such title, Committees on Veterans’ Affairs of the five-day period. if— House of Representatives and the Senate, the ‘‘(b) LIMITATION ON OTHER ADVERSE AC- ‘‘(A) such award or bonus was paid for per- Committee on Oversight and Government TIONS.—With respect to a prohibited per- formance during a period in which the super- Reform of the House of Representatives, and sonnel action described in subsection (c), if visor committed a prohibited personnel ac- the Committee on Homeland Security and the Secretary carries out an adverse action tion as determined pursuant to such sub- Governmental Affairs of the Senate of such against a supervisory employee, the Sec- section (a)(2)(B); information, including the determination retary may carry out an additional adverse ‘‘(B) the Secretary determines such repay- made by the Special Counsel.’’. action under this section based on the same ment appropriate pursuant to regulations (b) CONFORMING AND CLERICAL AMEND- prohibited personnel action if the total se- prescribed by the Secretary to carry out this MENTS.— verity of the adverse actions do not exceed section; and (1) CONFORMING AMENDMENT.—Such chapter the level specified in subsection (a). ‘‘(C) before such order is made, the super- is further amended by inserting before sec- ‘‘(c) PROHIBITED PERSONNEL ACTION DE- visor is afforded— tion 701 the following: SCRIBED.—A prohibited personnel action de- ‘‘(i) notice of the order and an opportunity scribed in this subsection is any of the fol- ‘‘SUBCHAPTER I—GENERAL EMPLOYEE to respond to the order; and lowing actions: MATTERS’’. ‘‘(ii) an opportunity to appeal the order to ‘‘(1) Taking or failing to take a personnel (2) CLERICAL AMENDMENTS.—The table of another department or agency of the Federal action in violation of section 2302 of title 5 sections at the beginning of such chapter is Government, except that any such depart- against an employee relating to the em- amended— ment or agency shall issue a final decision ployee— (A) by inserting before the item relating to with respect to such appeal not later than ‘‘(A) filing a whistleblower complaint in section 701 the following new item: the date that is 30 days after the date the de- accordance with section 742 of this title; partment or agency received such appeal. ‘‘SUBCHAPTER I—GENERAL EMPLOYEE ‘‘(B) filing a whistleblower complaint with MATTERS’’; the Inspector General of the Department, the ‘‘§ 745. Training regarding whistleblower Special Counsel, or Congress; complaints and ‘‘(C) providing information or partici- ‘‘(a) TRAINING.—The Secretary, in coordi- (B) by adding at the end the following new pating as a witness in an investigation of a nation with the Whistleblower Protection items: whistleblower complaint in accordance with Ombudsman designated under section ‘‘SUBCHAPTER II—WHISTLEBLOWER section 742 or with the Inspector General of 3(d)(1)(C) of the Inspector General Act of 1978 COMPLAINTS the Department, the Special Counsel, or Con- (5 U.S.C. App.), shall annually provide to ‘‘741. Whistleblower complaint defined. gress; each employee of the Department training ‘‘742. Treatment of whistleblower com- ‘‘(D) participating in an audit or investiga- regarding whistleblower complaints, includ- plaints. tion by the Comptroller General of the ing— ‘‘743. Adverse actions against supervisory United States; ‘‘(1) an explanation of each method estab- employees who commit prohib- ‘‘(E) refusing to perform an action that is lished by law in which an employee may file ited personnel actions relating unlawful or prohibited by the Department; a whistleblower complaint; to whistleblower complaints. or ‘‘(2) an explanation of prohibited personnel ‘‘744. Evaluation criteria of supervisors and ‘‘(F) engaging in communications that are actions described by section 743(c) of this treatment of bonuses. related to the duties of the position or are title; ‘‘745. Training regarding whistleblower com- otherwise protected. ‘‘(3) with respect to supervisors, how to plaints. ‘‘(2) Preventing or restricting an employee treat whistleblower complaints in accord- ‘‘746. Notice to Congress.’’. ance with section 742 of this title; from making an action described in any of SEC. 9. APPEALS REFORM. ‘‘(4) the right of the employee to petition subparagraphs (A) through (F) of paragraph (a) DEFINITIONS.—Section 101 of title 38, Congress regarding a whistleblower com- (1). United States Code, is amended by adding at plaint in accordance with section 7211 of title ‘‘(3) Conducting a peer review or opening a the end the following new paragraphs: 5; retaliatory investigation relating to an ac- ‘‘(34) The term ‘Agency of Original Juris- ‘‘(5) an explanation that the employee may tivity of an employee that is protected by diction’ means the activity which entered not be prosecuted or reprised against for dis- section 2302 of title 5. the original determination with regard to a closing information to Congress in instances ‘‘(4) Requesting a contractor to carry out claim for benefits under this title. where such disclosure is permitted by law, an action that is prohibited by section ‘‘(35) The term ‘relevant evidence’ means including under sections 5701, 5705, and 7742 4705(b) or section 4712(a)(1) of title 41, as the evidence that tends to prove or disprove a of this title, under section 552a of title 5 case may be. matter in issue.’’. (commonly referred to as the Privacy Act), ‘‘§ 744. Evaluation criteria of supervisors and (b) NOTICE TO CLAIMANTS OF REQUIRED IN- under chapter 93 of title 18, and pursuant to treatment of bonuses FORMATION AND EVIDENCE.—Section 5103 of regulations promulgated under section 264(c) ‘‘(a) EVALUATION CRITERIA.—(1) In evalu- title 38, United States Code, is amended— of the Health Insurance Portability and Ac- ating the performance of supervisors of the (1) in subsection (a)(2)(B)(i) by striking ‘‘, a countability Act of 1996 (Public Law 104–191); Department, the Secretary shall include the claim for reopening a prior decision on a ‘‘(6) an explanation of the language that is criteria described in paragraph (2). claim, or a claim for an increase in bene- required to be included in all nondisclosure ‘‘(2) The criteria described in this sub- fits;’’ and inserting ‘‘or a supplemental policies, forms, and agreements pursuant to section are the following: claim;’’; and section 115(a)(1) of the Whistleblower Protec- ‘‘(A) Whether the supervisor treats whis- (2) in subsection (b) by adding at the end tion Enhancement Act of 2012 (5 U.S.C. 2302 tleblower complaints in accordance with sec- the following new paragraph: note); and tion 742. ‘‘(6) Nothing in this section shall require ‘‘(7) the right of contractors to be pro- ‘‘(B) Whether the appropriate deciding offi- notice to be sent for a supplemental claim tected from reprisal for the disclosure of cer- cial, performance review board, or perform- that is filed within the timeframe set forth tain information under section 4705 or 4712 of ance review committee determines that the in subsections (a)(2)(B) and (a)(2)(D) of sec- title 41. supervisor was found to have committed a tion 5110 of this title.’’. ‘‘(b) CERTIFICATION.—The Secretary shall prohibited personnel action described in sec- (c) RULE WITH RESPECT TO DISALLOWED tion 743(b) by an administrative judge, the annually provide training on merit system protection in a manner that the Special CLAIMS.—Section 5103A(f) of title 38, United Merit Systems Protection Board, the Office States Code, is amended to read as follows: of Special Counsel, an adjudicating body pro- Counsel certifies as being satisfactory. ‘‘(c) PUBLICATION.—(1) The Secretary shall ‘‘(f) RULE WITH RESPECT TO DISALLOWED vided under a union contract, a Federal publish on the Internet website of the De- CLAIMS.—Nothing in this section shall be judge, or, in the case of a settlement of a partment, and display prominently at each construed to require the Secretary to readju- whistleblower complaint (regardless of facility of the Department, the rights of an dicate a claim that has been disallowed ex- whether any fault was assigned under such employee to file a whistleblower complaint, cept when new and relevant evidence is pre- settlement), the Secretary. including the information described in para- sented or secured, as described in section ‘‘(b) BONUSES.—(1) The Secretary may not 5108 of this title.’’. pay to a supervisor described in subsection graphs (1) through (7) of subsection (a). ‘‘(2) The Secretary shall publish on the (d) OTHER MATTERS.—Chapter 51 of title 38, (a)(2)(B) an award or bonus under this title Internet website of the Department, the United States Code, is amended by inserting or title 5, including under chapter 45 or 53 of whistleblower complaint form described in after section 5103A the following new sec- such title, during the one-year period begin- tions: ning on the date on which the determination section 742(g)(2). was made under such subsection. ‘‘§ 746. Notice to Congress ‘‘§ 5103B. Applicability of duty to assist ‘‘(2) Notwithstanding any other provision ‘‘Not later than 30 days after the date on ‘‘(a) TIME FRAME.—The Secretary’s duty to of law, the Secretary shall issue an order di- which the Secretary receives from the Spe- assist under section 5103A of this title shall

VerDate Sep 11 2014 03:01 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\A13SE7.028 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5403 apply only to a claim, or supplemental ‘‘(3) a summary of the applicable laws and (C) striking ‘‘reopening’’ and inserting ‘‘re- claim, for a benefit under a law administered regulations; adjudication’’. by the Secretary until the time that a claim- ‘‘(4) identification of findings favorable to (i) DEFINITION OF AWARD OR INCREASED RE- ant is provided notice of the decision of the the claimant; WARD.—Section 5111(d)(1) of title 38, United agency of original jurisdiction decision with ‘‘(5) identification of elements not satisfied States Code, is amended by striking ‘‘or re- respect to such claim, or supplemental leading to the denial; opened award;’’ and inserting ‘‘award or claim, under section 5104 of this title. ‘‘(6) an explanation of how to obtain or ac- award based on a supplemental claim;’’. ‘‘(b) NON-APPLICABILITY TO CERTAIN RE- cess evidence used in making the decision; (j) RECOGNITION OF AGENTS AND ATTORNEYS VIEWS AND APPEALS.—The Secretary’s duty and GENERALLY.—Section 5904 of title 38, United to assist under section 5103A of this title ‘‘(7) if applicable, identification of the cri- States Code, is amended— shall not apply to higher-level review by the teria that must be satisfied to grant service (1) in subsection (c)(1) by striking ‘‘notice agency of original jurisdiction, pursuant to connection or the next higher level of com- of disagreement is filed’’ and inserting section 5104B of this title, or to review on ap- pensation.’’. ‘‘claimant is provided notice of the initial peal by the Board of Veterans’ Appeals. (f) SUPPLEMENTAL CLAIMS.—Section 5108 of decision of the agency of original jurisdic- ‘‘(c) CORRECTION OF DUTY TO ASSIST ER- title 38, United States Code, is amended to tion under section 5104 of this title’’; and RORS.—(1) If, during review of the decision of read as follows: (2) in subsection (c)(2) by striking ‘‘notice the agency of original jurisdiction under sec- ‘‘§ 5108. Supplemental claims of disagreement is filed’’ and inserting tion 5104B of this title, the higher-level re- ‘‘claimant is provided notice of the initial viewer identifies an error on the part of the ‘‘If new and relevant evidence is presented decision of the agency of original jurisdic- agency of original jurisdiction to satisfy its or secured with respect to a supplemental tion under section 5104 of this title’’. duties under section 5103A of this title, and claim, the Secretary shall readjudicate the (k) CORRECTION OF OBVIOUS ERRORS.—Sec- that error occurred prior to the decision of claim taking into consideration any evi- tion 7103 of title 38, United States Code, is the agency of original jurisdiction being re- dence added to the record prior to the former amended— viewed, the higher-level reviewer shall re- disposition of the claim.’’. (1) in subsection (b)(1)(A) by striking turn the claim for correction of such error (g) REMANDS FOR MEDICAL OPINIONS.—Sec- ‘‘heard’’ and inserting ‘‘decided’’; and and readjudication unless the claim can be tion 5109 of title 38, United States Code, is (2) in subsection (b)(1)(B) by striking granted in full. amended by adding at the end the following ‘‘heard’’ and inserting ‘‘decided’’. ‘‘(2) If the Board, during review on appeal new subsection: (l) JURISDICTION OF BOARD.—Section 7104(b) of a decision of the agency of original juris- ‘‘(d) The Board of Veterans’ Appeals may of title 38, United States Code, is amended by diction decision, identifies an error on the remand a claim to direct the agency of origi- striking ‘‘reopened’’ and inserting ‘‘readjudi- part of the agency of original jurisdiction to nal jurisdiction to obtain an advisory med- cated’’. satisfy its duties under section 5103A of this ical opinion under this section to correct an (m) FILING OF APPEAL.—Section 7105 of title, and that error occurred prior to the de- error on the part of the agency of original ju- title 38, United States Code, is amended— cision of the agency of original jurisdiction risdiction to satisfy its duties under section (1) in subsection (a)— on appeal, the Board shall remand the claim 5103A of this title when such error occurred (A) by striking the first sentence and in- to the agency of original jurisdiction for cor- prior to the decision of the agency of origi- serting ‘‘Appellate review will be initiated rection of such error and readjudication un- nal jurisdiction on appeal. The Board’s re- by the filing of a notice of disagreement in less the claim can be granted in full. Remand mand instructions shall include the ques- the form prescribed by the Secretary.’’; and for correction of such error may include di- tions to be posed to the independent medical (B) by striking ‘‘hearing and’’; recting the agency of original jurisdiction to expert providing the advisory medical opin- (2) by amending subsection (b) to read as obtain an advisory medical opinion under ion.’’. follows: section 5109 of this title. (h) EFFECTIVE DATES OF AWARDS.—Section ‘‘(b)(1) Except in the case of simulta- ‘‘§ 5104A. Binding nature of favorable findings 5110 of title 38, United States Code, is amend- neously contested claims, notice of disagree- ‘‘Any finding favorable to the claimant as ed— ment shall be filed within one year from the described in section 5104(b)(4) of this title (1) by striking subsection (a) and inserting date of the mailing of notice of the decision shall be binding on all subsequent adjudica- the following new subsection (a): of the agency of original jurisdiction under tors within the department, unless clear and ‘‘(a)(1) Unless specifically provided other- section 5104, 5104B, or 5108 of this title. A no- convincing evidence is shown to the contrary wise in this chapter, the effective date of an tice of disagreement postmarked before the to rebut such favorable finding. award based on an initial claim, or a supple- expiration of the one-year period will be ac- mental claim, of compensation, dependency ‘‘§ 5104B. Higher-level review by the agency cepted as timely filed. A question as to time- and indemnity compensation, or pension, of original jurisdiction liness or adequacy of the notice of disagree- shall be fixed in accordance with the facts ment shall be decided by the Board. ‘‘(a) IN GENERAL.—The claimant may re- found, but shall not be earlier than the date ‘‘(2) Notices of disagreement must be in quest a review of the decision of the agency of receipt of application therefor. writing, must set out specific allegations of of original jurisdiction by a higher-level ad- ‘‘(2) For purposes of applying the effective error of fact or law, and may be filed by the judicator within the jurisdiction of the agen- date rules in this section, the date of appli- claimant, the claimant’s legal guardian, or cy of original jurisdiction. cation shall be considered the date of the fil- ‘‘(b) TIME AND MANNER OF REQUEST.—A re- such accredited representative, attorney, or ing of the initial application for a benefit quest for higher-level review by the agency authorized agent as may be selected by the provided that the claim is continuously pur- of original jurisdiction must be in writing in claimant or legal guardian. Not more than sued by filing any of the following either the form prescribed by the Secretary and one recognized organization, attorney, or alone or in succession: made within one year of the notice of the de- agent will be recognized at any one time in ‘‘(A) A request for higher-level review cision of the agency of original jurisdiction. the prosecution of a claim. Notices of dis- under section 5104B of this title within one Such request may specifically indicate agreement must be filed with the Board. year of an agency of original jurisdiction de- whether such review is requested by a high- ‘‘(3) The notice of disagreement shall indi- cision. er-level adjudicator at the same office within cate whether the claimant requests a hear- ‘‘(B) A supplemental claim under section the agency of original jurisdiction or by an ing before the Board, requests an oppor- 5108 of this title within one year of an agen- adjudicator at a different office of the agen- tunity to submit additional evidence without cy of original jurisdiction decision. cy of original jurisdiction. a Board hearing, or requests review by the ‘‘(C) A notice of disagreement within one ‘‘(c) DECISION.—Notice of a higher-level re- Board without a hearing or submission of ad- view decision under this section shall be pro- year of an agency of original jurisdiction de- ditional evidence. If the claimant does not vided in writing. cision. expressly request a Board hearing in the no- ‘‘(d) EVIDENTIARY RECORD FOR REVIEW.— ‘‘(D) A supplemental claim under section tice of disagreement, no Board hearing will The evidentiary record before the higher- 5108 of this title within one year of a decision be held.’’; level reviewer shall be limited to the evi- of the Board of Veterans’ Appeals. (3) by amending subsection (c) to read as dence of record in the decision of the agency ‘‘(3) Except as otherwise provided in this follows: of original jurisdiction being reviewed. section, for supplemental claims received ‘‘(c) If no notice of disagreement is filed in ‘‘(e) DE NOVO REVIEW.—Higher-level review more than one year after an agency of origi- accordance with this chapter within the pre- under this section shall be de novo.’’. nal jurisdiction decision or a decision by the scribed period, the action or decision of the (e) NOTICE OF DECISIONS.—Section 5104(b) of Board of Veterans’ Appeals, the effective agency of original jurisdiction shall become title 38, United States Code, is amended to date shall be fixed in accordance with the final and the claim will not thereafter be re- read as follows: facts found, but shall not be earlier than the adjudicated or allowed, except as may other- ‘‘(b) In any case where the Secretary de- date of receipt of the supplemental claim.’’; wise be provided by section 5104B or 5108 of nies a benefit sought, the notice required by and this title or regulations not inconsistent subsection (a) shall also include— (2) in subsection (i) by— with this title.’’; ‘‘(1) identification of the issues adju- (A) striking ‘‘reopened’’ and inserting ‘‘re- (4) by striking subsections (d)(1) through dicated; adjudicated’’; (d)(5); ‘‘(2) a summary of the evidence considered (B) striking ‘‘material’’ and inserting ‘‘rel- (5) by adding a new subsection (d) to read by the Secretary; evant’’; and as follows:

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‘‘(d) The Board of Veterans’ Appeals may (r) REVISION OF DECISIONS ON GROUNDS OF (D) by adding at the end the following new dismiss any appeal which fails to allege spe- CLEAR AND UNMISTAKABLE ERROR.—Section item: cific error of fact or law in the decision being 7111(e) of title 38, United States Code, is ‘‘7113. Evidentiary record before the Board.’’. appealed.’’; and amended by striking ‘‘merits, without refer- SEC. 10. LIMITATION ON AWARDS AND BONUSES (6) by striking subsection (e). ral to any adjudicative or hearing official PAID TO SENIOR EXECUTIVE EM- (n) SIMULTANEOUSLY CONTESTED CLAIMS.— acting on behalf of the Secretary.’’ and in- PLOYEES OF DEPARTMENT OF VET- Subsection (b) of section 7105A of title 38, serting ‘‘merits.’’. ERANS AFFAIRS. United States Code, is amended to read as (s) EVIDENTIARY RECORD.—Chapter 71 of Section 705 of the Veterans Access, Choice, follows: title 38, United States Code, is amended by and Accountability Act of 2014 (Public Law ‘‘(b) The substance of the notice of dis- adding the following new section: 113–146; 38 U.S.C. 703 note) is amended by agreement shall be communicated to the ‘‘§ 7113. Evidentiary record before the board striking the period at the end and inserting other party or parties in interest and a pe- ‘‘(a) NON-HEARING OPTION DOCKET.—For the following: ‘‘, except that during each of riod of 30 days shall be allowed for filing a cases in which a Board hearing is not re- fiscal years 2017 through 2021, no award or brief or argument in response thereto. Such quested in the notice of disagreement, the bonus may be paid to any employee of the notice shall be forwarded to the last known evidentiary record before the Board shall be Department of Veterans Affairs who is a address of record of the parties concerned, limited to the evidence of record at the time member of the Senior Executive Service.’’. and such action shall constitute sufficient of the agency of original jurisdiction deci- The Acting CHAIR. No amendment evidence of notice.’’. sion on appeal. to the bill shall be in order except (o) ADMINISTRATIVE APPEALS.—Strike sec- ‘‘(b) HEARING OPTION DOCKET.—(1) Except those printed in House Report 114–742. tion 7106 of title 38, United States Code. as provided in paragraph (2), for cases on the (p) DOCKETS AND HEARINGS.—Section 7107 Each such amendment may be offered hearing option docket in which a hearing is only in the order printed in the report, of title 38, United States Code, is amended— requested in the notice of disagreement, the (1) by amending subsection (a) to read as evidentiary record before the Board shall be by a Member designated in the report, follows: limited to the evidence of record at the time shall be considered as read, shall be de- ‘‘(a) The Board shall maintain two sepa- of the agency of original jurisdiction deci- batable for the time specified in the re- rate dockets. A non-hearing option docket sion on appeal. port, equally divided and controlled by shall be maintained for cases in which no ‘‘(2) The evidentiary record before the the proponent and an opponent, shall Board hearing is requested and no additional Board for cases on the hearing option docket evidence will be submitted. A separate and not be subject to amendment, and shall in which a hearing is requested, shall include not be subject to a demand for division distinct hearing option docket shall be main- each of the following, which the Board shall tained for cases in which a Board hearing is consider in the first instance— of the question. requested in the notice of disagreement or in ‘‘(A) evidence submitted by the appellant AMENDMENT NO. 1 OFFERED BY MR. MILLER OF which no Board hearing is requested, but the and his or her representative, if any, at the FLORIDA appellant requests, in the notice of disagree- Board hearing; and The Acting CHAIR. It is now in order ment, an opportunity to submit additional ‘‘(B) evidence submitted by the appellant to consider amendment No. 1 printed in evidence. Except as provided in subsection and his or her representative, if any, within (b), each case before the Board will be de- House Report 114–742. 90 days following the Board hearing. Mr. MILLER of Florida. Mr. Chair- cided in regular order according to its re- ‘‘(3)(A) Except as provided in subparagraph spective place on the Board’s non-hearing op- man, I rise to offer an amendment. (B) of this paragraph, for cases on the hear- The Acting CHAIR. The Clerk will tion docket or the hearing option docket.’’; ing option docket in which a hearing is not (2) by amending subsection (b) to read as requested in the notice of disagreement, the designate the amendment. follows: evidentiary record before the Board shall be The text of the amendment is as fol- ‘‘(b) A case on either the Board’s non-hear- limited to the evidence considered by the lows: ing option docket or hearing option docket, agency of original jurisdiction in the deci- Page 4, beginning on line 16, strike ‘‘under may, for cause shown, be advanced on mo- sion on appeal. section 7701 of title 5’’. tion for earlier consideration and determina- ‘‘(B) The evidentiary record before the Page 11, strike lines 11 through 14 and in- tion. Any such motion shall set forth suc- Board for cases on the hearing option docket sert the following: cinctly the grounds upon which the motion in which a hearing is not requested, shall in- ‘‘(B) before such order is made, the indi- is based. Such a motion may be granted clude each of the following, which the Board vidual is afforded— only— shall consider in the first instance— ‘‘(i) notice of the order and an opportunity ‘‘(1) if the case involves interpretation of ‘‘(i) evidence submitted by the appellant to respond to the order; and law of general application affecting other and his or her representative, if any, with ‘‘(ii) an opportunity to appeal the order to claims; the notice of disagreement; and another department or agency of the Federal ‘‘(2) if the appellant is seriously ill or is ‘‘(ii) evidence submitted by the appellant Government.’’. under severe financial hardship; or and his or her representative, if any, within Page 14, strike lines 20 through 23 and in- ‘‘(3) for other sufficient cause shown.’’; 90 days following receipt of the notice of dis- sert the following: (3) by amending subsection (c) to read as agreement.’’. ‘‘(2) before such repayment, the employee follows: (t) CONFORMING AMENDMENT.—The heading is afforded— ‘‘(c)(1) For cases on the Board hearing op- of section 7105 is amended by striking ‘‘no- ‘‘(A) notice of the order and an opportunity tion docket in which a hearing is requested tice of disagreement and’’. to respond to the order; and in the notice of disagreement, the Board (u) CLERICAL AMENDMENTS.— ‘‘(B) an opportunity to appeal the order to shall notify the appellant whether a Board (1) CHAPTER 51.—The table of sections at another department or agency of the Federal hearing will be held— the beginning of chapter 51 of title 38, United Government.’’. ‘‘(A) at its principal location, or States Code, is amended— Page 20, line 8, insert ‘‘consistent with ‘‘(B) by picture and voice transmission at a (A) by inserting after the item relating to paragraph (3),’’ before ‘‘may’’. facility of the Department where the Sec- section 5103A the following new item: Page 20, after line 11, insert the following: retary has provided suitable facilities and ‘‘5103B. Applicability of duty to assist.’’; ‘‘(3) An appeal of a personnel action pursu- equipment to conduct such hearings. and ant to paragraph (2)(A) must be filed with ‘‘(2)(A) Upon notification of a Board hear- (B) by inserting after the item relating to the Senior Executive Disciplinary Appeals ing at the Board’s principal location as de- section 5104 the following new items: Board not later than the date that is seven scribed in subsection (c)(1)(A) of this section, days after the date of such action. If such ap- the appellant may alternatively request a ‘‘5104A. Binding nature of favorable findings. ‘‘5104B. Higher-level review by the agency of peal is not made within the seven-day period, hearing as described in subsection (c)(1)(B) of original jurisdiction.’’; the personnel action shall be final and not this section. If so requested, the Board shall and subject to further appeal.’’. grant such request. Page 29, strike lines 13 through 18 and in- (C) by striking the item relating to section ‘‘(B) Upon notification of a Board hearing sert the following: 5108 and inserting the following new item: by picture and voice transmission as de- ‘‘(2)(A) Except as provided by subparagraph scribed in subsection (c)(1)(B) of this section, ‘‘5108. Supplemental claims.’’. (B), with respect to a supervisory employee the appellant may alternatively request a (2) CHAPTER 71.—The table of sections at subject to an adverse action under this sec- hearing as described in subsection (c)(1)(A) of the beginning of chapter 71 of title 38, United tion who is— this section. If so requested, the Board shall States Code, is amended— ‘‘(i) an individual as that term is defined in grant such request.’’; and (A) by striking the item relating to section section 715(i)(1) of this title, the procedures (4) by striking subsections (d) and (e) and 7105 and inserting the following new item: under subsections (d) and (e) of section 715 of redesignating subsection (f) as subsection ‘‘7105. Filing of appeal.’’; this title shall apply; and (d). (B) by striking the item relating to section ‘‘(ii) an individual as that term is defined (q) INDEPENDENT MEDICAL OPINIONS.— 7106; in section 713(g)(1) of this title, the proce- Strike section 7109 of title 38, United States (C) by striking the item relating to section dures under section 713(d) of this title shall Code. 7109; and apply.’’.

VerDate Sep 11 2014 03:01 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\A13SE7.028 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5405 Page 29, line 21, strike ‘‘five days’’ and in- Mr. WALZ. Mr. Chair, I have an Mr. Chair, this is very simple. It sert ‘‘ten days’’. amendment at the desk. would just remove all of the account- Page 30, line 2, strike ‘‘five-day’’ and insert The Acting CHAIR. The Clerk will ability provisions from the bill and ‘‘ten-day’’. Page 33, line 17, strike ‘‘except that’’ and designate the amendment. give the House an opportunity to send all that follows through the period on line 21 The text of the amendment is as fol- a clean reform bill to the Senate. and insert ‘‘except that—’’ lows: While we all agree that account- (I) any such department or agency shall Page 1, line 5, strike ‘‘VA Accountability ability for employees at the VA is crit- issue a final decision with respect to such ap- First and’’. ical, we should separate these two peal not later than the date that is 30 days Page 2, beginning line 3, strike sections 2 issues, pass appeals reform, and then after the date the department or agency re- through 8. work in a bipartisan manner on the ac- ceived such appeal; and Page 53, beginning line 14, strike section countability issues. (II) if such a final decision is not made by 10. the applicable department or agency within Rather than send another account- The Acting CHAIR. Pursuant to ability bill to the Senate, which is op- 30 days after receiving such appeal, the order House Resolution 859, the gentleman of the Secretary shall be final and not sub- posed by the administration, we should ject to further appeal. from Minnesota (Mr. WALZ) and a pass this amendment and send to the Page 34, line 19, strike ‘‘7742’’ and insert Member opposed each will control 5 President a clean bill that can be ‘‘7332’’. minutes. signed right away and fix this deeply The Acting CHAIR. Pursuant to The Chair recognizes the gentleman flawed, old, outdated appeals process. House Resolution 859, the gentleman from Minnesota. I am proud to have worked with var- from Florida (Mr. MILLER) and a Mem- Mr. WALZ. Mr. Chairman, I have ious VSOs and the VA to develop the ber opposed each will control 5 min- three amendments that are coming up. overhaul of appealing VA benefits utes. On this first one, I am going to yield claims. As I said earlier, the current The Chair recognizes the gentleman time to my colleague, who is the au- system is broken, and every day it gets from Florida. thor of the original bill. worse. More appeals are added to the Mr. MILLER of Florida. Mr. Chair- I just wanted to say, first of all, in backlog. It has ballooned to 450,000 man, specifically, this would provide appreciation to the chairman of the claims. If we don’t act now, veterans technical, conforming, and clarifying full committee, the bipartisan manner will soon have to wait a decade before language changes to the bill while not of approaching this is in the long tradi- their appeals can be adjudicated. changing the substance of the bill. It tion of the House Veterans’ Affairs Passing this amendment will allow would also align the pre-notice and due Committee. It is also in the long tradi- us to address this growing problem now process language on three of the sec- tion of the chairman himself, wel- instead of subjecting our veterans not tions relating to bonus, pension, and coming ideas, trying to strike bal- to good policy, but to bad politics. relocation expenses. And it would also ances, having legitimate differences Mr. WALZ. Mr. Chair, I want to, align the pre-notice requirements for that are meant to be discussed—for again, thank the chairman. whistleblower retaliators who are re- that, I am grateful—and also for re- This is not an attempt to derail the ceiving an adverse action to the same storing regular order. reforms. It is an attempt to try to get amount of time as other disciplinary Making our amendments in order to something passed and done imme- actions in the bill. try to improve upon a bill is something diately. I certainly welcome the chair- This amendment is noncontroversial, that is a time-honored tradition here. man’s advice, guidance, suggestions on it doesn’t cost a penny, and it doesn’t Unfortunately, it has not been the ways that we can make that happen in change any of the underlying policy. norm. So the chairman’s leadership on the most expedient manner. I urge adoption of the amendment. that issue is greatly appreciated. Mr. Chair, I yield back the balance of I reserve the balance of my time. This amendment I want to be very my time. Mr. TAKANO. Mr. Chair, I rise in op- clear about when the gentlewoman Mr. MILLER of Florida. Mr. Chair- position to the amendment. from Nevada (Ms. TITUS) talks about it. man, I rise in opposition to the amend- The Acting CHAIR. The gentleman The amendment does not disagree ment. from California is recognized for 5 min- with the basic premise of the reform. The Acting CHAIR. The gentleman is utes. There are legitimate differences recognized for 5 minutes. Mr. TAKANO. Mr. Chair, this amend- amongst us here. We will work those Mr. MILLER of Florida. Mr. Chair- ment really changes nothing favorably, out. But it is a harsh reality that we man, I yield myself such time as I may from our point of view, in H.R. 5620. It don’t have a Senate companion on this. consume. does not cure the fundamental flaws in The chance that the White House is Before I begin, let me say I believe the bill which relate to its possible un- going to sign the reform piece into law that there is only one piece of legisla- constitutionality, and, therefore, I will is nonexistent. But there is a piece of tion that has been filed at this point in oppose the amendment. this that is noncontroversial that is the Senate that deals with—I know I reserve the balance of my time. critically important, and that is the there are folks that have been talking Mr. MILLER of Florida. Mr. Chair- appeals process. about it—appeals reform, and that is man, I am very sorry that my good The ranking member, under the lead- Senator RUBIO. Senator RUBIO has the friend would oppose something as sim- ership of Ms. TITUS, has recognized this companion to this piece of legislation ple as a technical and conforming as an issue, brought about bipartisan that has been filed in the Senate. amendment, but I accept this opposi- solutions to it; and it can be passed and As has already been stated, this re- tion. be signed by the President and be posi- moves every section from the under- I reserve the balance of my time. tively affecting veterans right away. Mr. TAKANO. Mr. Chair, I have no lying bill, except for the appeals mod- That doesn’t diminish the need for further comments, and I yield back the ernization. It would strike out all the the reforms. It doesn’t question the balance of my time. accountability provisions, many of Mr. MILLER of Florida. Mr. Chair, I value of the things that are being which have already passed this House urge adoption of my amendment, and I brought forward. It is a political re- of Representatives. yield back the balance of my time. ality that we are better off to move on The underlying bill already includes The Acting CHAIR. The question is a piece we know can be signed into law revised accountability language that on the amendment offered by the gen- than to wait for something that can’t. would make significant concessions to- tleman from Florida (Mr. MILLER). Mr. Chair, I yield such time as she wards the minority’s position as it re- The amendment was agreed to. may consume to the gentlewoman from lates to due process. And I don’t be- Nevada (Ms. TITUS), the author of this lieve anybody on the minority side can b 1815 legislation. say that this doesn’t. AMENDMENT NO. 2 OFFERED BY MR. WALZ Ms. TITUS. I thank my friend from I believe that any reform that passes The Acting CHAIR. It is now in order Minnesota (Mr. WALZ) for yielding to this Congress is doomed to fail if we to consider amendment No. 2 printed in me and for helping me with this don’t provide the Secretary of the De- House Report 114–742. amendment. partment of Veterans Affairs with the

VerDate Sep 11 2014 03:01 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\A13SE7.029 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5406 CONGRESSIONAL RECORD — HOUSE September 13, 2016 authority he needs to swiftly and fairly ‘‘(2) remove an employee suspended under (2) The number of employees who were re- discipline employees. paragraph (1) when, after such investigation moved under such section. If this amendment passes, the same and review as the Secretary considers nec- (3) A description of the threats to public antiquated and broken civil service essary, the Secretary determines that re- health or safety that caused such suspen- moval is necessary in the interests of public sions and removals. system will remain in place. health or safety. (4) The number of such suspensions or re- As I have already said, 18 VSOs be- ‘‘(b) PROCEDURE.—An employee suspended movals, or proposed suspensions or removals, lieve the accountability provisions are under subsection (a)(1) is entitled, after sus- that were of employees who filed a com- critical to the success of reforming the pension and before removal, to— plaint regarding— Department of Veterans Affairs. ‘‘(1) within 30 days after suspension, a writ- (A) an alleged prohibited personnel prac- From the VFW: ten statement of the specific charges against tice committed by an officer or employee of For far too long, underperforming employ- the employee, which may be amended within the Department and described in section ees have been allowed to continue working 30 days thereafter; 2302(b)(8) or 2302(b)(9)(A)(i), (B), (C), or (D) of at VA simply because the processes for re- ‘‘(2) an opportunity within 30 days there- title 5, United States Code; or moval are so protracted. after, plus an additional 30 days if the (B) the safety of a patient at a medical fa- The VFW believes that employees should charges are amended, to answer the charges cility of the Department. have some layer of protection, but that true and submit affidavits; (5) Of the number of suspensions and re- accountability must be enforced for those ‘‘(3) a hearing, at the request of the em- movals listed under paragraph (4), the num- who willfully fail to meet the standard. ployee, by a Department authority duly con- ber that the Inspector General considers to This is critical to ensuring that VA con- stituted for this purpose; be retaliation for whistleblowing. sistently provides the highest quality serv- ‘‘(4) a review of the case by the Secretary, (6) The number of such suspensions or re- ices, as continuing to restore veterans’ faith before a decision adverse to the employee is movals that were of an employee who was in the Department. made final; and the subject of a complaint made to the De- ‘‘(5) written statement of the decision of partment regarding the health or safety of a From the American Legion: the Secretary. patient at a medical facility of the Depart- Veterans deserve a first-rate agency to ‘‘(c) RELATION TO OTHER DISCIPLINARY ment. provide for their needs, and the VA is an ex- RULES.—The authority provided under this (7) Any recommendations by the Inspector cellent agency that is, unfortunately, section shall be in addition to the authority General, based on the information described marred from time to time by bad actors that provided under section 713 and title 5 with in paragraphs (1) through (6), to improve the the complicated system of discipline makes respect to disciplinary actions for perform- authority to make such suspensions and re- it difficult to remove. ance or misconduct. movals. Legislation to improve that process and ‘‘(d) BACK PAY FOR WHISTLEBLOWERS.—If The Acting CHAIR. Pursuant to make it easier to deal with these few prob- any employee of the Department of Veterans House Resolution 859, the gentleman lem employees would help restore trust. Affairs is subject to a suspension or removal under this section and such suspension or re- from California (Mr. TAKANO) and a In short, our VSOs understand how Member opposed each will control 5 critical both of the appeals and ac- moval is determined by an appropriate au- thority under applicable law, rule, regula- minutes. countability provisions are, and we tion, or collective bargaining agreement to The Chair recognizes the gentleman should listen to them. be a prohibited personnel practice described from California. Mr. Chair, I yield back the balance of under section 2302(b)(8) or (9) of title 5, such Mr. TAKANO. Mr. Chair, I rise in my time. employee shall receive back pay equal to the support of my amendment, which The Acting CHAIR. The question is total amount of basic pay that such em- would ensure that any VA employee on the amendment offered by the gen- ployee would have received during the period whose performance or misconduct tleman from Minnesota (Mr. WALZ). that the suspension and removal (as the case threatens public health or safety, in- The question was taken; and the Act- may be) was in effect, less any amounts cluding the health and safety of vet- ing Chair announced that the noes ap- earned by the employee through other em- ployment during that period. erans, be immediately suspended with- peared to have it. ‘‘(e) DEFINITIONS.—In this section, the term out pay. Mr. TAKANO. Mr. Chair, I demand a ‘employee’ means any individual occupying a Specifically, it replaces section 3 of recorded vote. position within the Department of Veterans H.R. 5620 with a new provision allowing The Acting CHAIR. Pursuant to Affairs under a permanent or indefinite ap- the Secretary to take lawful and ab- clause 6 of rule XVIII, further pro- pointment and who is not serving a proba- rupt action in extreme cases in which ceedings on the amendment offered by tionary or trial period.’’. immediate action is warranted. the gentleman from Minnesota will be (b) CLERICAL AND CONFORMING AMEND- My amendment would also give the MENTS.— postponed. Secretary the authority to remove a (1) CLERICAL.—The table of sections at the AMENDMENT NO. 3 OFFERED BY MR. TAKANO beginning of such chapter is amended by add- suspended employee, after a thorough The Acting CHAIR. It is now in order ing after the item relating to section 713 the investigation and review, if the Sec- to consider amendment No. 3 printed in following new item: retary determines removal is in the in- House Report 114–742. ‘‘715. Employees: suspension and removal for terest of public health and safety. Mr. TAKANO. Mr. Chair, I have an performance or misconduct Both parties share the desire to pro- tect veterans from mistreatment or amendment at the desk. that is a threat to public health harm, especially when they are seeking The Acting CHAIR. The Clerk will or safety.’’. medical care at a VA hospital, but the designate the amendment. (2) CONFORMING.—Section 4303(f) of title 5, current language in this bill will not The text of the amendment is as fol- United States Code, is amended— (A) by striking ‘‘or’’ at the end of para- accomplish that goal. lows: graph (2); The process for removing dangerous Strike section 3 and insert the following: (B) by striking the period at the end of employees in H.R. 5620 is unconstitu- SEC. 3. SUSPENSION AND REMOVAL OF DEPART- paragraph (3) and inserting ‘‘, or’’; and tional, and any action it authorized MENT OF VETERANS AFFAIRS EM- (C) by adding at the end the following: PLOYEES FOR PERFORMANCE OR against underperforming VA employees ‘‘(4) any suspension or removal under sec- would not hold up in court. Instead of MISCONDUCT THAT IS A THREAT TO tion 715 of title 38.’’. PUBLIC HEALTH OR SAFETY. (c) REPORT ON SUSPENSIONS AND REMOV- achieving the majority’s stated out- (a) IN GENERAL.—Chapter 7 of title 38, ALS.—Not later than one year after the date come of removing VA employees whose United States Code, is amended by adding of the enactment of this Act, the Inspector misconduct harms veterans, this bill after section 713 the following new section: General of the Department of Veterans Af- would produce expensive legal costs, ‘‘§ 715. Employees: suspension and removal fairs shall submit to the Committees on Vet- and it would fail to hold bad employees for performance or misconduct that is a erans’ Affairs of the House of Representa- accountable. threat to public health or safety tives and the Senate a report on suspensions My amendment is specifically de- ‘‘(a) SUSPENSION AND REMOVAL.—Subject to and removals of employees of the Depart- signed to make sure the Secretary has subsections (b) and (c), the Secretary may— ment made under section 715 of title 38, the authority to immediately suspend ‘‘(1) suspend without pay an employee of United States Code, as added by subsection the Department of Veterans Affairs if the (a). Such report shall include, with respect any VA employee whose behavior Secretary determines the performance or to the period covered by the report, the fol- threatens the health and safety of vet- misconduct of the employee is a threat to lowing: erans and that the suspended employee public health or safety, including the health (1) The number of employees who were sus- receives no pay while the investigation and safety of veterans; and pended under such section. is carried out.

VerDate Sep 11 2014 03:01 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.091 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5407 I urge my colleagues to support the stand for accountability, and we do representing a district in the State or terri- amendment. stand with the taxpayers. And that is tory where a facility relevant to the whistle- Mr. Chair, I reserve the balance of precisely why we must oppose the un- blower complaint is located’’. my time. constitutional provisions in H.R. 5620 The Acting CHAIR. Pursuant to Mr. MILLER of Florida. Mr. Chair- for removing dangerous employees. House Resolution 859, the gentlewoman man, I rise in opposition to the amend- The current provisions we do believe from New Mexico (Ms. MICHELLE LUJAN ment. are unconstitutional; and that is why, GRISHAM) and a Member opposed each The Acting CHAIR. The gentleman is in the end, it will not protect veterans. will control 5 minutes. recognized for 5 minutes. Actually, it harms them more because The Chair recognizes the gentle- Mr. MILLER of Florida. Mr. Chair- these employees will be reinstated woman from New Mexico. man, I yield myself such time as I may after the courts find the provisions Ms. MICHELLE LUJAN GRISHAM of consume. that they were dismissed under—this New Mexico. Mr. Chairman, as I am I appreciate the ranking member’s bill, under this law, would be found un- sure you have heard, my amendment, attempt to insert what he thinks is the constitutional, and they would be rein- as many others, is simple. It ensures appropriate balance of due process and stated and a lot of taxpayer money that, one, Members of Congress know accountability, but this confusing lan- would be wasted. when Veterans Administration employ- guage fails to achieve a balance. What Yes, we stand with the veteran. Yes, ees are fired or demoted at VA facili- it actually does is it strikes the entire we stand for the taxpayer. Yes, we ties in their district for misconduct or accountability section and inserts an stand for accountability. poor performance; and, two, that Mem- entirely new process for the discipline I urge my colleagues to support my bers are aware of whistleblowers’ com- of non-SES employees. amendment, therefore, because we re- plaints from VA employees in their dis- It would be convoluted, at best, and place it with a constitutional alter- tricts and how they are, in fact, being seemingly stricter than current law, native. handled. but the most troubling change that Mr. Chair, I yield back the balance of Congress cannot solve the issues at this amendment would make would be my time. the VA that it does not know about. to change the standard to discipline Mr. MILLER of Florida. Mr. Chair- Even though I have met with and lis- VA employees from performance or man, I yield back the balance of my tened to countless VA employees, vet- misconduct. time. erans, and family members since I was The amendment would change it to a The Acting CHAIR. The question is elected to Congress, my office not only direct threat to public health or safety, on the amendment offered by the gen- continues to hear about the same prob- which it would be nearly unobtainable, tleman from California (Mr. TAKANO). lems that have gone unaddressed, but if not an immeasurable bar to reach. The question was taken; and the Act- also about new issues all the time. In It would also, more than likely, not ing Chair announced that the noes ap- fact, I have more constituent casework apply to some of the employees who peared to have it. regarding issues at the VA than any have been associated with VA’s most Mr. TAKANO. Mr. Chair, I demand a other Federal agency, and there are egregious scandals recently. It would recorded vote. likely many more veterans and VA em- not do anything for those who were in- The Acting CHAIR. Pursuant to ployees who are dealing with serious volved in the bloated Denver, Colorado, clause 6 of rule XVIII, further pro- issues that I may never hear about. hospital construction project which ceedings on the amendment offered by Lastly, I share frustrations with was over $1 billion over budget, or the the gentleman from California will be Members on both sides of the aisle for data manipulation at the Philadelphia postponed. the lack of followup about what the VA regional office, or the $2.5 billion budg- b 1830 is doing to both investigate allegations et shortfall for fiscal year 2015, or the about misconduct and hold responsible cost overruns of the Orlando VA Med- AMENDMENT NO. 4 OFFERED BY MS. MICHELLE employees accountable. ical Center, or the allegations of inap- LUJAN GRISHAM OF NEW MEXICO Members of Congress deserve to know propriate use of government purchase The Acting CHAIR. It is now in order about potential issues at VA health fa- cards to the tune of $6 billion, and to consider amendment No. 4 printed in cilities in their communities and what many, many others. These are the House Report 114–742. the VA is doing to address them. My types of employees that our constitu- Ms. MICHELLE LUJAN GRISHAM of amendment would increase congres- ents and our veterans expect to be held New Mexico. Mr. Chairman, I have an sional oversight and transparency of accountable, but this amendment amendment at the desk. the VA. It also helps to ensure that would not cover disciplinary action The Acting CHAIR. The Clerk will veterans receive the timely, quality against them. designate the amendment. care that they have earned. It would allow for employees to be on The text of the amendment is as fol- Mr. Chairman, I yield back the bal- indefinite suspension for months, if not lows: ance of my time. years, awaiting the Secretary’s final Page 4, line 2, after ‘‘Representatives’’ in- Mr. MILLER of Florida. Mr. Chair- decision, which is not fair to the vet- sert the following: ‘‘and to each Member of man, I ask unanimous consent to claim Congress representing a district in the State erans, the employee, the good-per- or territory where the facility where the in- the time in opposition, although I am forming employees, or our taxpayers. dividual was employed immediately before not opposed to the amendment. VA is unable to backfill while the dis- being removed or demoted is located’’. The Acting CHAIR. Is there objection ciplinary actions are on appeal. Page 5, line 22, after ‘‘Representatives’’ in- to the request of the gentleman from In the end, the question is clear: Do sert the following: ‘‘and to each Member of Florida? we want to stand with the veterans and Congress representing a district in the State There was no objection. the taxpayers and provide the VA the or territory where the facility where the in- The Acting CHAIR. The gentleman is appropriate tools to hold employees ac- dividual was employed immediately before recognized for 5 minutes. being removed or demoted is located’’. Mr. MILLER of Florida. Mr. Chair, I countable, or do we want to give in to Page 25, line 17, strike ‘‘to the supervisor special interest groups and unions that of the director or official.’’ and insert ‘‘to— yield myself such time as I may con- support only the status quo? ’’ sume. I would hope that for all Members, ‘‘(A) the supervisor of the director or offi- Mr. Chair, again, as has already been that is an easy question to answer. cial; stated by the author of the amend- I urge all Members to oppose the ‘‘(B) the Committees on Veterans’ Affairs ment, this would require VA to notify Takano amendment and support the of the Senate and House or Representatives; the appropriate Member of Congress underlying bill. and when the new accountability process is Mr. Chair, I reserve the balance of ‘‘(C) each Member of Congress representing used or to remove or demote an em- a district in the State or territory where the my time. facility where the supervisor is employed is ployee who works for the VA at a facil- Mr. TAKANO. Mr. Chair, I would like located.’’. ity in that Member’s district. to say that we on this side of the aisle Page 36, line 5, after ‘‘Senate’’ insert the I think this is an excellent sugges- do stand with veterans, and we do following: ‘‘and each Member of Congress tion that would improve transparency,

VerDate Sep 11 2014 03:01 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.093 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5408 CONGRESSIONAL RECORD — HOUSE September 13, 2016 something that is most needed at the ‘‘(C) unsupported by substantial evidence. and constitutional. My amendment uti- Department of Veterans Affairs. It has ‘‘(c) RELATION TO OTHER PROVISIONS OF lizes bipartisan language developed in my full support. LAW.—(1) The authority provided by sub- the Senate for the Veterans First Act, section (a) is in addition to the authority I yield back the balance of my time. which was supported by veterans serv- The Acting CHAIR. The question is provided by section 3592 or subchapter V of chapter 75 of title 5. ice organizations, including the Amer- on the amendment offered by the gen- ‘‘(2) Section 3592(b)(1) of title 5 and the pro- ican Legion. tlewoman from New Mexico (Ms. cedures under section 7543(b) of such title do It is important to note that my MICHELLE LUJAN GRISHAM). not apply to an action under subsection (a). amendment is not a significant depar- The amendment was agreed to. ‘‘(d) DEFINITIONS.—In this section: ture from Chairman MILLER’s language AMENDMENT NO. 5 OFFERED BY MS. KUSTER ‘‘(1) The term ‘covered individual’ means— found in section 7 of the bill. Indeed, it ‘‘(A) a career appointee (as that term is de- The Acting CHAIR. It is now in order also eliminates the expedited appeals to consider amendment No. 5 printed in fined in section 3132(a)(4) of title 5); or ‘‘(B) any individual who occupies an ad- process passed in the 2014 Veterans House Report 114–742. ministrative or executive position and who Choice Act, and it establishes stricter Ms. KUSTER. Mr. Chair, I rise to was appointed under section 7306(a) or sec- standards that require the VA to take speak in favor of my amendment No. 5, tion 7401(1) of this title. more immediate action against senior to improve the accountability provi- ‘‘(2) The term ‘misconduct’ includes ne- executives that the agency has found sions found within H.R. 5620. glect of duty, malfeasance, or failure to ac- to be incompetent or otherwise neg- The Acting CHAIR. The Clerk will cept a directed reassignment or to accom- ligent in their duties to deliver high- designate the amendment. pany a position in a transfer of function. The text of the amendment is as fol- ‘‘(3) The term ‘senior executive position’ quality services to our Nation’s vet- lows: means— erans. However, there are some legal con- Strike section 7 and insert the following: ‘‘(A) with respect to a career appointee (as that term is defined in section 3132(a) of title cerns about aspects of section 7 of the SEC. 7. IMPROVED AUTHORITIES OF SECRETARY OF VETERANS AFFAIRS TO IMPROVE 5), a Senior Executive Service position (as bill that could prevent it from passing ACCOUNTABILITY OF SENIOR EX- such term is defined in such section); and future legal scrutiny. My amendment ECUTIVES. ‘‘(B) with respect to a covered individual ensures our intention to enforce ac- (a) ACCOUNTABILITY OF SENIOR EXECU- appointed under section 7306(a) or section countability is not derailed by con- 7401(1) of this title, an administrative or ex- TIVES.— stitutionality issues. (1) IN GENERAL.—Section 713 of title 38, ecutive position.’’. United States Code, is amended to read as (2) CONFORMING AMENDMENT.—Section Unfortunately, the bill would enable follows: 7461(c)(1) of such title is amended by insert- an ad hoc disciplinary appeals board to ‘‘§ 713. Accountability of senior executives ing ‘‘employees in senior executive positions hear an appeal to an adverse action. ‘‘(a) AUTHORITY.—(1) The Secretary may, (as defined in section 713(d) of this title) This section also contains an arbitrary as provided in this section, reprimand or sus- and’’ before ‘‘interns’’. deadline for the decision, which would pend, involuntarily reassign, demote, or re- (b) PERFORMANCE MANAGEMENT.— impact an employee’s due process move a covered individual from a senior ex- (1) IN GENERAL.—The Secretary of Veterans rights as afforded by the U.S. Constitu- Affairs shall establish a performance man- ecutive position at the Department if the tion. Secretary determines that the misconduct or agement system for employees in senior ex- ecutive positions, as defined in section 713(d) My amendment would resolve this performance of the covered individual war- issue by making the VA Secretary re- rants such action. of title 38, United States Code, as amended ‘‘(2) If the Secretary so removes such an in- by subsection (a), that ensures performance sponsible for ensuring the appeals proc- dividual, the Secretary may remove the indi- ratings and awards given to such employ- ess takes less than 21 days and by mak- vidual from the civil service (as defined in ees— ing the Secretary of the VA directly re- section 2101 of title 5). (A) meaningfully differentiate extraor- sponsible. My amendment strengthens ‘‘(b) RIGHTS AND PROCEDURES.—(1) A cov- dinary from satisfactory contributions; and transparency of the process without ered individual who is the subject of an ac- (B) substantively reflect organizational achievements over which the employee has compromising accountability. tion under subsection (a) is entitled to— I am additionally concerned that this ‘‘(A) be represented by an attorney or responsibility and control. other representative of the covered individ- (2) REGULATIONS.—The Secretary shall pre- same section of the bill could be lever- ual’s choice; scribe regulations to carry out paragraph (1). aged against whistleblowers of the De- ‘‘(B) not fewer than 10 business days ad- The Acting CHAIR. Pursuant to partment who are critical to bring vance written notice of the charges and evi- House Resolution 859, the gentlewoman about change in an agency that serves dence supporting the action and an oppor- from New Hampshire (Ms. KUSTER) and millions of veterans. The ad hoc nature tunity to respond, in a manner prescribed by a Member opposed each will control 5 of the board could be used to pick offi- the Secretary, before a decision is made re- minutes. cials that might have predispositions garding the action; and against a potential whistleblower. ‘‘(C) grieve the action in accordance with The Chair recognizes the gentle- an internal grievance process that the Sec- woman from New Hampshire. The requirement that this individual retary, in consultation with the Assistant Ms. KUSTER. Mr. Chair, I believe ac- answer their notice of adverse action Secretary for Accountability and Whistle- countability of senior executives at the within 5 calendar days could be used blower Protection, shall establish for pur- VA is of great importance. strategically to make an honest and poses of this subsection. In recent years, administration of meritorious appeal harder to achieve. ‘‘(2)(A) The Secretary shall ensure that the the Department of Veterans Affairs has My amendment replaces the 5-cal- grievance process established under para- come under intense public scrutiny. endar-day standard with a 10-business- graph (1)(C) takes fewer than 21 days. ‘‘(B) The Secretary shall ensure that, What Congress and the American peo- day standard. under the process established pursuant to ple learned was that, while the vast The lack of transparency and ac- paragraph (1)(C), grievances are reviewed majority of officials at the VA are self- countability in the VA is truly worri- only by employees of the Department. less public servants who do their ut- some, and I share Chairman MILLER’s ‘‘(3) A decision or grievance decision under most to deliver quality health care to concern that it is worrisome to the paragraph (1)(C) shall be final and conclu- our veterans, there are some who ham- American public. I thank Mr. MILLER sive. ‘‘(4) A covered individual adversely af- per our ability as a country to care for and my committee colleagues for tack- fected by a final decision under paragraph our veterans. ling this issue with forthrightness. (1)(C) may obtain judicial review of the deci- It is our duty to ensure that our vet- My amendment seeks to improve the sion. erans receive the best possible care and bill and ensures its efficacy in law. For ‘‘(5) In any case in which judicial review is benefits they have earned through those reasons, I urge my colleagues to sought under paragraph (4), the court shall their service to our country. My vote in favor of the Kuster amendment. review the record and may set aside any De- amendment seeks to strengthen the I yield back the balance of my time. partment action found to be— legislation to ensure that we truly are Mr. MILLER of Florida. Mr. Chair, ‘‘(A) arbitrary, capricious, an abuse of dis- while I understand what the gentle- cretion, or otherwise not in accordance with improving accountability at the VA. a provision of law; This amendment is the result of a bi- woman is trying to accomplish, I do ‘‘(B) obtained without procedures required partisan process that gives the VA ap- have to rise in opposition. by a provision of law having been followed; propriate tools to keep senior execu- The Acting CHAIR. The gentleman is or tives accountable in a way that is fair recognized for 5 minutes.

VerDate Sep 11 2014 03:01 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.096 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5409 Mr. MILLER of Florida. Mr. Chair, ‘‘(b) HEAD OF OFFICE.—(1) The head of the that the Office maintains a toll-free tele- first of all, I have to rise in opposition Office shall be responsible for the functions phone number and Internet website to re- because it doesn’t provide the appro- of the Office and shall be appointed by the ceive anonymous whistleblower disclosures. President pursuant to section 308(a) of this ‘‘(3) In any case in which the Assistant priate level of accountability for SES title. Secretary receives a whistleblower disclo- employees. It largely mimics the same ‘‘(2) The head of the Office shall be known sure from an employee of the Department SES accountability language that is al- as the ‘Assistant Secretary for Account- under paragraph (1)(C), the Assistant Sec- ready in the bill, with just a few excep- ability and Whistleblower Protection’. retary may not disclose the identity of the tions. ‘‘(3) The Assistant Secretary shall report employee without the consent of the em- The open-ended timeline defies the directly to the Secretary on all matters re- ployee, except in accordance with the provi- lating to the Office. sions of section 552a of title 5, or as required intent to quickly adjudicate these ‘‘(4) Notwithstanding section 308(b) of this cases within a clear and concrete by any other applicable provision of Federal title, the Secretary may only assign to the law. timeline to benefit both the VA and Assistant Secretary responsibilities relating ‘‘(d) STAFF AND RESOURCES.—The Secretary the employee, and that is what we are to the functions of the Office set forth in shall ensure that the Assistant Secretary has trying to get at. subsection (c). such staff, resources, and access to informa- The pre-decision due process that ‘‘(c) FUNCTIONS.—(1) The functions of the tion as may be necessary to carry out the would be required would actually ex- Office are as follows: functions of the Office. ‘‘(A) Advising the Secretary on all matters ‘‘(e) RELATION TO OFFICE OF GENERAL COUN- ceed the current practice of 5 days that of the Department relating to account- the VA enacted after passage of the SEL.—The Office shall not be established as ability, including accountability of employ- an element of the Office of the General Coun- Choice Act. And I remind my good ees of the Department, retaliation against sel and the Assistant Secretary may not re- friend that the Choice Act passed both whistleblowers, and such matters as the Sec- port to the General Counsel. Chambers with a huge bipartisan ma- retary considers similar and affect public ‘‘(f) REPORTS.—(1)(A) Not later than June jority. trust in the Department. 30 of each calendar year, beginning with When the President signed the bill, ‘‘(B) Issuing reports and providing rec- June 30, 2017, the Assistant Secretary shall he said: ‘‘Now, finally, we’re giving the ommendations related to the duties de- submit to the Committee on Veterans’ Af- scribed in subparagraph (A). fairs of the Senate and the Committee on VA Secretary more authority to hold ‘‘(C) Receiving whistleblower disclosures. people accountable. We’ve got to give Veterans’ Affairs of the House of Representa- ‘‘(D) Referring whistleblower disclosures tives a report on the activities of the Office Bob the authority so that he can move received under subparagraph (C) for inves- during the calendar year in which the report quickly to remove senior executives tigation to the Office of the Medical Inspec- is submitted. who fail to meet the standards of con- tor, the Office of Inspector General, or other ‘‘(B) Each report submitted under subpara- duct and competence that the Amer- investigative entity, as appropriate, if the graph (A) shall include, for the period cov- ican people demand. If you engage in Assistant Secretary has reason to believe the ered by the report, the following: an unethical practice, if you cover up a whistleblower disclosure is evidence of a vio- ‘‘(i) A full and substantive analysis of the lation of a provision of law, mismanagement, serious problem, you should be fired. activities of the Office, including such statis- gross waste of funds, abuse of authority, or a tical information as the Assistant Secretary Period. It shouldn’t be that difficult.’’ substantial and specific danger to public considers appropriate. We should be trying to improve the health and safety. ‘‘(ii) Identification of any issues reported culture at VA by increasing account- ‘‘(E) Receiving and referring disclosures to the Secretary under subsection (c)(1)(G), ability, not by weakening it. from the Special Counsel for investigation to including such data as the Assistant Sec- I urge all Members to oppose this the Medical Inspector of the Department, the retary considers relevant to such issues and amendment. Inspector General of the Department, or any trends the Assistant Secretary may have I yield back the balance of my time. such other person with investigatory author- identified with respect to such issues. The Acting CHAIR. The question is ity, as the Assistant Secretary considers ap- ‘‘(iii) Identification of such concerns as the on the amendment offered by the gen- propriate. Assistant Secretary may have regarding the ‘‘(F) Recording, tracking, reviewing, and tlewoman from New Hampshire (Ms. size, staffing, and resources of the Office and confirming implementation of recommenda- such recommendations as the Assistant Sec- KUSTER). tions from audits and investigations carried retary may have for legislative or adminis- The question was taken; and the Act- out by the Inspector General of the Depart- trative action to address such concerns. ing Chair announced that the noes ap- ment, the Medical Inspector of the Depart- ‘‘(iv) Such recommendations as the Assist- peared to have it. ment, the Special Counsel, and the Comp- ant Secretary may have for legislative or ad- Ms. KUSTER. Mr. Chair, I demand a troller General of the United States, includ- ministrative action to improve— recorded vote. ing the imposition of disciplinary actions ‘‘(I) the process by which concerns are re- The Acting CHAIR. Pursuant to and other corrective actions contained in ported to the Office; and clause 6 of rule XVIII, further pro- such recommendations. ‘‘(II) the protection of whistleblowers with- ceedings on the amendment offered by ‘‘(G) Analyzing data from the Office and in the Department. the Office of Inspector General telephone ‘‘(v) Such other matters as the Assistant the gentlewoman from New Hampshire hotlines, other whistleblower disclosures, Secretary considers appropriate regarding will be postponed. disaggregated by facility and area of health the functions of the Office or other matters AMENDMENT NO. 6 OFFERED BY MR. TAKANO care if appropriate, and relevant audits and relating to the Office. The Acting CHAIR. It is now in order investigations to identify trends and issue ‘‘(2) If the Secretary receives a rec- to consider amendment No. 6 printed in reports to the Secretary based on analysis ommendation for disciplinary action under House Report 114–742. conducted under this subparagraph. subsection (c)(1)(I) and does not take or ini- Mr. TAKANO. Mr. Chair, as the des- ‘‘(H) Receiving, reviewing, and inves- tiate the recommended disciplinary action tigating allegations of misconduct, retalia- before the date that is 60 days after the date ignee of the gentlewoman from Arizona tion, or poor performance involving— on which the Secretary received the rec- (Mrs. KIRKPATRICK), I offer amendment ‘‘(i) an individual in a senior executive po- ommendation, the Secretary shall submit to No. 6. sition (as defined in section 713(d) of this the Committee on Veterans’ Affairs of the The Acting CHAIR. The Clerk will title) in the Department; Senate and the Committee on Veterans’ Af- designate the amendment. ‘‘(ii) an individual employed in a confiden- fairs of the House of Representatives a de- The text of the amendment is as fol- tial, policy-making, policy-determining, or tailed justification for not taking or initi- lows: policy-advocating position in the Depart- ating such disciplinary action. ment; or ‘‘(g) DEFINITIONS.—In this section: Strike section 8 and insert the following: ‘‘(iii) a supervisory employee, if the allega- ‘‘(1) The term ‘supervisory employee’ SEC. 8. OFFICE OF ACCOUNTABILITY AND WHIS- tion involves retaliation against an em- means an employee of the Department who TLEBLOWER PROTECTION. ployee for making a whistleblower disclo- is a supervisor as defined in section 7103(a) of (a) IN GENERAL.—Chapter 3 of title 38, sure. title 5. United States Code, is amended by adding at ‘‘(I) Making such recommendations to the ‘‘(2) The term ‘whistleblower’ means one the end the following new section: Secretary for disciplinary action as the As- who makes a whistleblower disclosure. ‘‘§ 323. Office of Accountability and Whistle- sistant Secretary considers appropriate after ‘‘(3) The term ‘whistleblower disclosure’ blower Protection substantiating any allegation of misconduct means any disclosure of information by an ‘‘(a) ESTABLISHMENT.—There is established or poor performance pursuant to an inves- employee of the Department or individual in the Department an office to be known as tigation carried out as described in subpara- applying to become an employee of the De- the Office of Accountability and Whistle- graph (F) or (H). partment which the employee or individual blower Protection (in this section referred to ‘‘(2) In carrying out the functions of the reasonably believes evidences— as the ‘Office’). Office, the Assistant Secretary shall ensure ‘‘(A) a violation of a provision of law; or

VerDate Sep 11 2014 03:07 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.098 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5410 CONGRESSIONAL RECORD — HOUSE September 13, 2016 ‘‘(B) gross mismanagement, a gross waste ‘‘(5) the right of contractors to be pro- (2) A determination of whether and to what of funds, an abuse of authority, or a substan- tected from reprisal for the disclosure of cer- degree the methods described in paragraph tial and specific danger to public health or tain information under section 4705 or 4712 of (1) are being used to retaliate against whis- safety.’’. title 41. tleblowers. (b) CONFORMING AMENDMENT.—Section ‘‘(b) MANNER TRAINING IS PROVIDED.—The (3) Recommendations for legislative or ad- 308(b) of such title is amended by adding at Secretary shall ensure, to the maximum ex- ministrative action to implement safeguards the end the following new paragraph: tent practicable, that training provided to prevent the retaliation described in para- ‘‘(12) The functions set forth in section under subsection (a) is provided in person. graph (2). 323(c) of this title.’’. ‘‘(c) CERTIFICATION.—Not less frequently (c) WHISTLEBLOWER DEFINED.—In this sec- (c) CLERICAL AMENDMENT.—The table of than once every two years, the Secretary tion, the term ‘‘whistleblower’’ has the sections at the beginning of chapter 3 of such shall provide training on merit system pro- meaning given such term in section 323 of title is amended by adding at the end the fol- tection in a manner that the Special Counsel title 38, United States Code, as added by sec- lowing new item: certifies as being satisfactory. tion 8. ‘‘323. Office of Accountability and Whistle- ‘‘(d) PUBLICATION.—The Secretary shall The Acting CHAIR. Pursuant to blower Protection.’’. publish on the Internet website of the De- partment, and display prominently at each House Resolution 859, the gentleman SEC. 9. PROTECTION OF WHISTLEBLOWERS IN facility of the Department, the rights of an from California (Mr. TAKANO) and a DEPARTMENT OF VETERANS AF- Member opposed each will control 5 FAIRS. employee to make a whistleblower disclo- minutes. (a) IN GENERAL.—Chapter 7 of title 38, sure, including the information described in United States Code, is further amended by paragraphs (1) through (5) of subsection (a). The Chair recognizes the gentleman adding at the end the following new sections: ‘‘(e) WHISTLEBLOWER DISCLOSURE DE- from California. FINED.—In this section, the term ‘whistle- MODIFICATION TO AMENDMENT NO. 6 OFFERED ‘‘§ 725. Protection of whistleblowers as cri- blower disclosure’ has the meaning given BY MR. TAKANO teria in evaluation of supervisors such term in section 323 of this title.’’. ‘‘(a) DEVELOPMENT AND USE OF CRITERIA (b) CLERICAL AMENDMENT.—The table of Mr. TAKANO. Mr. Chairman, I ask REQUIRED.—The Secretary, in consultation sections at the beginning of such chapter is unanimous consent that the amend- with the Assistant Secretary of Account- further amended by adding at the end the ment be modified in the form I have ability and Whistleblower Protection, shall following new items: placed at the desk. develop criteria that— ‘‘725. Protection of whistleblowers as criteria The Acting CHAIR. The Clerk will re- ‘‘(1) the Secretary shall use as a critical in evaluation of supervisors. port the modification. element in any evaluation of the perform- ‘‘727. Training regarding whistleblower dis- The Clerk read as follows: ance of a supervisory employee; and closures.’’. ‘‘(2) promotes the protection of whistle- Modification to amendment No. 6 of- SEC. 10. TREATMENT OF CONGRESSIONAL TESTI- fered by Mr. TAKANO of California: blowers. MONY BY DEPARTMENT OF VET- ‘‘(b) PRINCIPLES FOR PROTECTION OF WHIS- ERANS AFFAIRS EMPLOYEES AS OF- Page 23, after line 17, insert the following: TLEBLOWERS.—The criteria required by sub- FICIAL DUTY. SEC. 8. OFFICE OF ACCOUNTABILITY AND WHIS- section (a) shall include principles for the (a) IN GENERAL.—Chapter 7 of title 38, TLEBLOWER PROTECTION. protection of whistleblowers, such as the de- United States Code, is further amended by (a) IN GENERAL.—Chapter 3 of title 38, gree to which supervisory employees respond adding at the end the following new section: United States Code, is amended by adding at constructively when employees of the De- ‘‘§ 729. Congressional testimony by employees: the end the following new section: partment report concerns, take responsible treatment as official duty ‘‘§ 323. Office of Accountability and Whistle- action to resolve such concerns, and foster ‘‘(a) CONGRESSIONAL TESTIMONY.—An em- blower Protection an environment in which employees of the ployee of the Department is performing offi- ‘‘(a) ESTABLISHMENT.—There is established Department feel comfortable reporting con- cial duty during the period with respect to in the Department an office to be known as cerns to supervisory employees or to the ap- which the employee is testifying in an offi- the Office of Accountability and Whistle- propriate authorities. cial capacity in front of either chamber of blower Protection (in this section referred to ‘‘(c) SUPERVISORY EMPLOYEE AND WHISTLE- Congress, a committee of either chamber of as the ‘Office’). BLOWER DEFINED.—In this section, the terms Congress, or a joint or select committee of ‘‘(b) HEAD OF OFFICE.—(1) The head of the ‘supervisory employee’ and ‘whistleblower’ Congress. Office shall be responsible for the functions have the meanings given such terms in sec- ‘‘(b) TRAVEL EXPENSES.—The Secretary of the Office and shall be appointed by the tion 323 of this title. shall provide travel expenses, including per President pursuant to section 308(a) of this ‘‘§ 727. Training regarding whistleblower dis- diem in lieu of subsistence, in accordance title. closures with applicable provisions under subchapter ‘‘(2) The head of the Office shall be known ‘‘(a) TRAINING.—Not less frequently than I of chapter 57 of title 5, to any employee of as the ‘Assistant Secretary for Account- once every two years, the Secretary, in co- the Department of Veterans Affairs per- ability and Whistleblower Protection’. ordination with the Whistleblower Protec- forming official duty described under sub- ‘‘(3) The Assistant Secretary shall report tion Ombudsman designated under section section (a).’’. directly to the Secretary on all matters re- 3(d)(1)(C) of the Inspector General Act of 1978 (b) CLERICAL AMENDMENT.—The table of lating to the Office. (5 U.S.C. App.), shall provide to each em- sections at the beginning of such chapter, as ‘‘(4) Notwithstanding section 308(b) of this ployee of the Department training regarding amended by section 102, is further amended title, the Secretary may only assign to the whistleblower disclosures, including— by inserting after the item relating to sec- Assistant Secretary responsibilities relating ‘‘(1) an explanation of each method estab- tion 721 the following new item: to the functions of the Office set forth in lished by law in which an employee may file ‘‘Sec. 729. Congressional testimony by em- subsection (c). a whistleblower disclosure; ployees: treatment as official ‘‘(c) FUNCTIONS.—(1) The functions of the ‘‘(2) the right of the employee to petition duty.’’. Office are as follows: Congress regarding a whistleblower disclo- SEC. 11. REPORT ON METHODS USED TO INVES- ‘‘(A) Advising the Secretary on all matters sure in accordance with section 7211 of title TIGATE EMPLOYEES OF DEPART- of the Department relating to account- 5; MENT OF VETERANS AFFAIRS. ability, including accountability of employ- ‘‘(3) an explanation that the employee may (a) REPORT REQUIRED.—Not later than 540 ees of the Department, retaliation against not be prosecuted or reprised against for dis- days after the date of the enactment of this whistleblowers, and such matters as the Sec- closing information to Congress, the Inspec- Act, the Assistant Secretary for Account- retary considers similar and affect public tor General, or another investigatory agency ability and Whistleblower Protection shall trust in the Department. in instances where such disclosure is per- submit to the Secretary, the Committee on ‘‘(B) Issuing reports and providing rec- mitted by law, including under sections 5701, Veterans’ Affairs of the Senate, and the ommendations related to the duties de- 5705, and 7732 of this title, under section 552a Committee on Veterans’ Affairs of the House scribed in subparagraph (A). of title 5 (commonly referred to as the Pri- of Representatives a report on methods used ‘‘(C) Receiving whistleblower complaints. vacy Act), under chapter 93 of title 18, and to investigate employees of the Department ‘‘(D) Referring whistleblower complaints pursuant to regulations promulgated under of Veterans Affairs and whether such meth- received under subparagraph (C) for inves- section 264(c) of the Health Insurance Port- ods are used to retaliate against whistle- tigation to the Office of the Medical Inspec- ability and Accountability Act of 1996 (Pub- blowers. tor, the Office of Inspector General, or other lic Law 104–191); (b) CONTENTS.—The report required by sub- investigative entity, as appropriate, if the ‘‘(4) an explanation of the language that is section (a) shall include the following: Assistant Secretary has reason to believe the required to be included in all nondisclosure (1) An assessment of the use of administra- whistleblower complaint is evidence of a vio- policies, forms, and agreements pursuant to tive investigation boards, peer review, lation of a provision of law, mismanagement, section 115(a)(1) of the Whistleblower Protec- searches of medical records, and other meth- gross waste of funds, abuse of authority, or a tion Enhancement Act of 2012 (5 U.S.C. 2302 ods for investigating employees of the De- substantial and specific danger to public note); and partment. health and safety.

VerDate Sep 11 2014 03:07 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\A13SE7.034 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5411 ‘‘(E) Receiving and referring complaints such recommendations as the Assistant Sec- appreciation, not retribution. Rep- from the Special Counsel for investigation to retary may have for legislative or adminis- resentative KIRKPATRICK’s amendment, the Medical Inspector of the Department, the trative action to address such concerns. which would create the VA Office of Inspector General of the Department, or ‘‘(iv) Such recommendations as the Assist- Accountability and Whistleblower Pro- such other person with investigatory author- ant Secretary may have for legislative or ad- ity, as the Assistant Secretary considers ap- ministrative action to improve— tection, will help us achieve that goal. propriate. ‘‘(I) the process by which concerns are re- Representative KIRKPATRICK’s ‘‘(F) Recording, tracking, reviewing, and ported to the Office; and amendment has been developed in con- confirming implementation of recommenda- ‘‘(II) the protection of whistleblowers with- sultation with the Office of Special tions from audits and investigations carried in the Department. Counsel and includes language from out by the Inspector General of the Depart- ‘‘(v) Such other matters as the Assistant the Senate’s bipartisan Veterans First ment, the Medical Inspector of the Depart- Secretary considers appropriate regarding Act. The amendment would create an ment, the Special Counsel, and the Comp- the functions of the Office or other matters independent VA Office of Account- troller General of the United States, includ- relating to the Office. ability and Whistleblower Protection, ‘‘(2) If the Secretary receives a rec- ing the imposition of disciplinary actions which would report directly to the VA and other corrective actions contained in ommendation for disciplinary action under such recommendations. subsection (c)(1)(I) and does not take or ini- Secretary. The office would staff an ‘‘(G) Analyzing data from the Office and tiate the recommended disciplinary action anonymous hotline and refer whistle- the Office of Inspector General telephone before the date that is 60 days after the date blower complaints to the appropriate hotlines, other whistleblower complaints, on which the Secretary received the rec- office or entity for investigation and disaggregated by facility and area of health ommendation, the Secretary shall submit to investigate allegations of misconduct, care if appropriate, and relevant audits and the Committee on Veterans’ Affairs of the retaliation, or poor performance of sen- investigations to identify trends and issue Senate and the Committee on Veterans’ Af- ior executives and supervisors. reports to the Secretary based on analysis fairs of the House of Representatives a de- Mr. Chairman, this amendment will tailed justification for not taking or initi- conducted under this subparagraph. create an environment in which whis- ‘‘(H) Receiving, reviewing, and inves- ating such disciplinary action. tigating allegations of misconduct, retalia- ‘‘(f) DEFINITIONS.—In this section: tleblowers are protected and mis- tion, or poor performance involving— ‘‘(1) The term ‘supervisory employee’ conduct is more quickly discovered and ‘‘(i) an individual in a senior executive po- means an employee of the Department who eliminated. I urge my colleagues to sition (as defined in section 713(d) of this is a supervisor as defined in section 7103(a) of support Representative KIRKPATRICK’s title) in the Department; title 5. amendment to H.R. 5620. ‘‘(ii) an individual employed in a confiden- ‘‘(2) The term ‘whistleblower’ means one I yield back the balance of my time. tial, policy-making, policy-determining, or who makes a whistleblower complaint. Mr. MILLER of Florida. Mr. Chair- policy-advocating position in the Depart- ‘‘(3) The term ‘whistleblower complaint’ man, I ask unanimous consent to claim means any disclosure of information by an ment; or the time in opposition, although I am ‘‘(iii) a supervisory employee. employee of the Department or individual ‘‘(I) Making such recommendations to the applying to become an employee of the De- not opposed to the amendment. Secretary for disciplinary action as the As- partment which the employee or individual The Acting CHAIR. Is there objection sistant Secretary considers appropriate after reasonably believes evidences— to the request of the gentleman from substantiating any allegation of misconduct ‘‘(A) a violation of a provision of law; or Florida? or poor performance pursuant to an inves- ‘‘(B) gross mismanagement, a gross waste There was no objection. tigation carried out as described in subpara- of funds, an abuse of authority, or a substan- The Acting CHAIR. The gentleman is graph (F) or (H). tial and specific danger to public health or recognized for 5 minutes. ‘‘(2) In carrying out the functions of the safety.’’. Mr. MILLER of Florida. Mr. Chair- Office, the Assistant Secretary shall ensure (b) CONFORMING AMENDMENT.—Section man, I appreciate the gentlewoman that the Office maintains a toll-free tele- 308(b) of such title is amended by adding at from Arizona (Mrs. KIRKPATRICK) work- phone number and Internet website to re- the end the following new paragraph: ceive anonymous whistleblower complaints. ‘‘(12) The functions set forth in section ing with us to add the Office of Whis- ‘‘(3) In any case in which the Assistant 323(c) of this title.’’. tleblower Protection. It also does cre- Secretary receives a whistleblower com- (c) CLERICAL AMENDMENT.—The table of ate an assistant secretary that would plaint from an employee of the Department sections at the beginning of chapter 3 of such oversee this brand-new office. under paragraph (1)(C), the Assistant Sec- title is amended by adding at the end the fol- I appreciate Mrs. KIRKPATRICK work- retary may not disclose the identity of the lowing new item: ing with us on this amendment to bet- employee without the consent of the em- ‘‘323. Office of Accountability and Whistle- ter align it with the protections that ployee, except in accordance with the provi- blower Protection.’’. are already in the bill. A portion of sions of section 552a of title 5, or as required Mr. MILLER of Florida (during the by any other applicable provision of Federal this amendment to create the new of- law. reading). Mr. Chairman, I ask unani- fice already passed the House in H.R. ‘‘(d) RELATION TO OFFICE OF GENERAL COUN- mous consent that the reading be dis- 1994. This amendment now has my full SEL.—The Office shall not be established as pensed with. support. an element of the Office of the General Coun- The Acting CHAIR. Is there objection I urge my colleagues to agree and sel and the Assistant Secretary may not re- to the request of the gentleman from support it. port to the General Counsel. Florida? I yield back the balance of my time. ‘‘(e) REPORTS.—(1)(A) Not later than June There was no objection. The Acting CHAIR. The question is 30 of each calendar year, beginning with June 30, 2017, the Assistant Secretary shall The Acting CHAIR. Without objec- on the amendment, as modified, offered submit to the Committee on Veterans’ Af- tion, the amendment is modified. by the gentleman from California (Mr. fairs of the Senate and the Committee on There was no objection. TAKANO). Veterans’ Affairs of the House of Representa- Mr. TAKANO. Mr. Chairman, I ex- The amendment, as modified, was tives a report on the activities of the Office press my full support of Representative agreed to. during the calendar year in which the report KIRKPATRICK’s amendment to H.R. 5620. AMENDMENT NO. 7 OFFERED BY MR. NEWHOUSE is submitted. I would like to thank Chairman MIL- The Acting CHAIR. It is now in order ‘‘(B) Each report submitted under subpara- LER for working with Representative graph (A) shall include, for the period cov- to consider amendment No. 7 printed in ered by the report, the following: KIRKPATRICK to develop a bipartisan House Report 114–742. ‘‘(i) A full and substantive analysis of the amendment we all can support. Mr. NEWHOUSE. Mr. Chair, I have activities of the Office, including such statis- Whistleblowers are critical to uncov- an amendment at the desk. tical information as the Assistant Secretary ering and eliminating misconduct and The Acting CHAIR. The Clerk will considers appropriate. wrongdoing at the Department of Vet- designate the amendment. ‘‘(ii) Identification of any issues reported erans Affairs. Without them, serious The text of the amendment is as fol- to the Secretary under subsection (c)(1)(G), issues like those discovered at the lows: including such data as the Assistant Sec- Phoenix VA facility may never have Add at the end the following new section: retary considers relevant to such issues and been brought to our attention. The SEC. 11. CLARIFICATION OF EMERGENCY HOS- any trends the Assistant Secretary may have courageous VA employees who chose to PITAL CARE FURNISHED BY THE identified with respect to such issues. SECRETARY OF VETERANS AFFAIRS ‘‘(iii) Identification of such concerns as the speak out deserve our respect and pro- TO CERTAIN VETERANS. Assistant Secretary may have regarding the tection. We must create an environ- (a) IN GENERAL.—Chapter 17 of title 38, size, staffing, and resources of the Office and ment in which whistleblowers expect United States Code, is amended by inserting

VerDate Sep 11 2014 03:07 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\A13SE7.035 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5412 CONGRESSIONAL RECORD — HOUSE September 13, 2016 after section 1730A the following new sec- time a veteran is transferred, a qualified gency medical condition that has not been tion: medical person (as defined by the Secretary stabilized or because the employee reports a ‘‘§ 1730B. Examination and treatment for in regulations) has signed a certification de- violation of a requirement of this section. emergency medical conditions and women scribed in clause (ii) after a physician, in ‘‘(h) DEFINITIONS.—In this section: in labor consultation with the person, has made the ‘‘(1) The term ‘emergency medical condi- tion’ means— ‘‘(a) MEDICAL SCREENING EXAMINATIONS.— determination described in such clause, and ‘‘(A) a medical condition manifesting itself In carrying out this chapter, if any enrolled subsequently countersigns the certification; by acute symptoms of sufficient severity (in- veteran requests, or a request is made on be- and cluding severe pain) such that the absence of half of the veteran, for examination or treat- ‘‘(B) the transfer is an appropriate transfer immediate medical attention could reason- ment for a medical condition, regardless of as described in paragraph (2). ably be expected to result in— whether such condition is service-connected, ‘‘(2) An appropriate transfer to a medical ‘‘(i) placing the health of the enrolled vet- at a hospital emergency department of a facility is a transfer— eran (or, with respect to an enrolled veteran medical facility of the Department, the Sec- ‘‘(A) in which the transferring medical fa- who is a pregnant woman, the health of the retary shall ensure that the veteran is pro- cility provides the medical treatment within woman or her unborn child) in serious jeop- vided an appropriate medical screening ex- the capacity of the facility that minimizes ardy; amination within the capability of the emer- the risks to the health of the enrolled vet- ‘‘(ii) serious impairment to bodily func- gency department, including ancillary serv- eran and, in the case of a woman in labor, tions; or ices routinely available to the emergency de- the health of the unborn child; ‘‘(iii) serious dysfunction of any bodily partment, to determine whether an emer- ‘‘(B) in which the receiving facility— organ or part; or gency medical condition exists. ‘‘(i) has available space and qualified per- ‘‘(B) with respect to an enrolled veteran ‘‘(b) NECESSARY STABILIZING TREATMENT sonnel for the treatment of the veteran; and who is a pregnant woman having contrac- FOR EMERGENCY MEDICAL CONDITIONS AND ‘‘(ii) has agreed to accept transfer of the tions— LABOR.—(1) If an enrolled veteran comes to a veteran and to provide appropriate medical medical facility of the Department and the treatment; ‘‘(i) that there is inadequate time to effect Secretary determines that the veteran has ‘‘(C) in which the transferring facility a safe transfer to another hospital before de- an emergency medical condition, the Sec- sends to the receiving facility all medical livery; or retary shall provide either— records (or copies thereof), related to the ‘‘(ii) that transfer may pose a threat to the ‘‘(A) such further medical examination and emergency condition for which the veteran health or safety of the woman or the unborn such treatment as may be required to sta- has presented, available at the time of the child. bilize the medical condition; or transfer, including records related to the ‘‘(2) The term ‘enrolled veteran’ means a ‘‘(B) for the transfer of the veteran to an- emergency medical condition of the veteran, veteran who is enrolled in the health care other medical facility of the Department or observations of signs or symptoms, prelimi- system established under section 1705(a) of this title. a non-Department facility in accordance nary diagnosis, treatment provided, results ‘‘(3) The term ‘to stabilize’ means, with re- with subsection (c). of any tests and the informed written con- ‘‘(2) The Secretary is deemed to meet the sent or certification (or copy thereof) pro- spect to an emergency medical condition de- scribed in paragraph (1)(A), to provide such requirement of paragraph (1)(A) with respect vided under paragraph (1)(A), and the name medical treatment of the condition as may to an enrolled veteran if the Secretary offers and address of any on-call physician (de- be necessary to assure, within reasonable the veteran the further medical examination scribed in subsection (d)(1)(C) of this section) medical probability, that no material dete- and treatment described in such paragraph who has refused or failed to appear within a rioration of the condition is likely to result and informs the veteran (or an individual reasonable time to provide necessary stabi- from or occur during the transfer of the en- acting on behalf of the veteran) of the risks lizing treatment; rolled veteran from a facility, or, with re- and benefits to the veteran of such examina- ‘‘(D) in which the transfer is effected spect to an emergency medical condition de- tion and treatment, but the veteran (or indi- through qualified personnel and transpor- scribed in paragraph (1)(B), to deliver (in- vidual) refuses to consent to the examina- tation equipment, as required including the tion and treatment. The Secretary shall take cluding the placenta). use of necessary and medically appropriate ‘‘(4) The term ‘stabilized’ means, with re- all reasonable steps to secure the written in- life support measures during the transfer; formed consent of such veteran (or indi- spect to an emergency medical condition de- and scribed in paragraph (1)(A), that no material vidual) to refuse such examination and treat- ‘‘(E) that meets such other requirements ment. deterioration of the condition is likely, with- as the Secretary may find necessary in the in reasonable medical probability, to result ‘‘(3) The Secretary is deemed to meet the interest of the health and safety of veterans requirement of paragraph (1) with respect to from or occur during the transfer of the indi- transferred. vidual from a facility, or, with respect to an an enrolled veteran if the Secretary offers to ‘‘(d) CHARGES.—(1) Nothing in this section emergency medical condition described in transfer the individual to another medical may be construed to affect any charges that paragraph (1)(B), that the woman has deliv- facility in accordance with subsection (c) of the Secretary may collect from a veteran or ered (including the placenta). this section and informs the veteran (or an third party. ‘‘(5) The term ‘transfer’ means the move- individual acting on behalf of the veteran) of ‘‘(2) The Secretary shall treat any care ment (including the discharge) of an enrolled the risks and benefits to the veteran of such provided by a non-Department facility pur- veteran outside the facilities of a medical fa- transfer, but the veteran (or individual) re- suant to this section as care otherwise pro- cility of the Department at the direction of fuses to consent to the transfer. The hospital vided by a non-Department facility pursuant any individual employed by (or affiliated or shall take all reasonable steps to secure the to this chapter for purposes of paying such associated, directly or indirectly, with) the written informed consent of such veteran (or non-Department facility for such care. individual) to refuse such transfer. ‘‘(e) NONDISCRIMINATION.—A medical facil- Department, but does not include such a ‘‘(c) RESTRICTION OF TRANSFERS UNTIL VET- ity of the Department or a non-Department movement of an individual who— ERAN STABILIZED.—(1) If an enrolled veteran facility, as the case may be, that has special- ‘‘(A) has been declared dead; or at a medical facility of the Department has ized capabilities or facilities (such as burn ‘‘(B) leaves the facility without the permis- an emergency medical condition that has not units, shock-trauma units, neonatal inten- sion of any such person.’’. been stabilized, the Secretary may not trans- sive care units, or (with respect to rural (b) CLERICAL AMENDMENT.—The table of sections of such chapter is amended by in- fer the veteran to another medical facility of areas) regional referral centers as identified serting after the item relating to section the Department or a non-Department facil- by the Secretary in regulation) shall not 1730A the following new item: ity unless— refuse to accept an appropriate transfer of an ‘‘(A)(i) the veteran (or a legally responsible enrolled veteran who requires such special- ‘‘1730B. Examination and treatment for individual acting on behalf of the veteran), ized capabilities or facilities if the facility emergency medical conditions after being informed of the obligation of the has the capacity to treat the veteran. and women in labor.’’. Secretary under this section and of the risk ‘‘(f) NO DELAY IN EXAMINATION OR TREAT- The Acting CHAIR. Pursuant to of transfer, requests in writing a transfer to MENT.—A medical facility of the Department House Resolution 859, the gentleman another medical facility; or a non-Department facility, as the case from Washington (Mr. NEWHOUSE) and a ‘‘(ii) a physician has signed a certification may be, may not delay provision of an appro- Member opposed each will control 5 (including a summary of the risks and bene- priate medical screening examination re- minutes. fits) that, based upon the information avail- quired under subsection (a) or further med- The Chair recognizes the gentleman able at the time of transfer, the medical ben- ical examination and treatment required efits reasonably expected from the provision under subsection (b) of this section in order from Washington. of appropriate medical treatment at another to inquire about the method of payment or b 1845 medical facility outweigh the increased risks insurance status of an enrolled veteran. Mr. NEWHOUSE. Mr. Chairman, first to the veteran and, in the case of labor, to ‘‘(g) WHISTLEBLOWER PROTECTIONS.—The the unborn child from effecting the transfer; Secretary may not take adverse action of all, I include in the RECORD six let- or against an employee of the Department be- ters from various veterans service or- ‘‘(iii) if a physician is not physically cause the employee refuses to authorize the ganizations in support of H.R. 5620, as present in the emergency department at the transfer of an enrolled veteran with an emer- amended.

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MILITARY ORDER OF THE PURPLE HEART, tional Guard, we are pleased to offer our full from lesser care. With HR 5620, the account- Springfield, VA, July 14, 2016. support for H.R. 5620, the VA Accountability ability that veterans have been looking for Hon. JEFF MILLER, First and Appeals Modernization Act of 2016. in order to require that the VA give the Chairman, House Committee on Veterans’ Af- This bill combines much needed account- proper care would finally occur. We at AUSN fairs, Washington, DC. ability measures for the employees of the greatly appreciate your introduction of this DEAR CHAIRMAN MILLER: On behalf of the Department of Veterans Affairs (VA), with bill and look forward to seeing it gain trac- Military Order of the Purple Heart (MOPH), long overdue reforms to the personal appeals tion in the House and Senate. whose membership is comprised entirely of process. HR 5620 helps outline both accountability combat wounded veterans, I am pleased to We believe your legislation gives the VA measures and appeals reform together, which offer our support for sections 1 through 8 and the power it needs to hold its employees ac- benefit veterans as well as VA leadership 10 of H.R. 5620, the VA Accountability First countable, while strengthening protection give better care. Both sections 3 and 7 help and Appeals Modernization Act of 2016. If en- for whistleblowers. This is crucial, as the hold individuals, not just the entire organi- acted, this legislation would establish rea- events of the past two years have made it zation or leadership, accountable for their sonable accountability measures for Depart- clear to our organization that the VA is un- actions. The expedited system would allow ment of Veterans Affairs (VA) employees. able to remove employees that are negligent, employees who had misbehaved to appeal The ability to reward good employees and underperforming, and don’t serve in the best within 10 days and then have their appeal de- hold poor employees accountable is essential interest of veterans. We also believe the ro- cided within 60 days, which is a much to any high-performing organization. Unfor- bust protections for whistleblowers con- quicker, cleaner version to the system we tunately, events of the past two years have tained in this legislation are critical. Em- currently have. This would help bring in bet- made it clear to MOPH that VA lacks the ployees that do the right thing should not ter individuals rather than new leadership necessary authority to punish, remove, and fear reprisals for identifying deficiencies every time there is a problem, and would recoup the performance bonuses of employ- that could endanger veterans. allow for expedited reprimand of the individ- ees who were found to have endangered vet- EANGUS thanks you for your continued uals by streamlining the discipline process. erans, misused government funds, and other- leadership on this issue and your commit- The appeals reform section of the bill is also wise underperformed in their duties. While ment to bring improvements and account- impressive, giving veterans three different we understand that VA cannot simply fire ability to the VA. We stand ready to work avenues to go about their appeals process its way to success, we feel that improve- with you and your staff to ensure the pas- rather than just one and consistently having ments to these authorities made by this leg- sage of this important piece of legislation. the same problem. This bill is one that really islation are critical to allowing VA to func- Sincerely, focuses on the individual rather than the col- tion as it should, while also maintaining vet- FRANK YOAKUM, lective, which makes it beneficial for vet- erans’ trust in their VA. Furthermore, these Sgt. Maj., U.S. Army (retired), erans to receive the best quality care pos- reforms would send the right message to the Executive Director. sible. vast majority of VA employees who do an ex- It is crucial that accountability and appeal emplary job every day that their good per- From: CVA—Press. reform occurs within the VA. The current formance is truly appreciated. MOPH is also Date: Thursday, July 7, 2016. system is too rigid for real reform to occur, pleased that this legislation contains robust To: CVA HQ. and by having initiatives that are introduced whistleblower protections, as no VA em- For Immediate Release: July 7, 2016. in this bill, it would help make last change ployee should ever fear reprisal for identi- CONCERNED VETERANS FOR AMERICA AN- within the VA and finally give veterans the fying deficiencies that could endanger vet- NOUNCES SUPPORT FOR MILLER VA AC- care they deserve for serving our country. erans in any way. COUNTABILITY BILL Sincerely MOPH is still evaluating section 9, which MICHAEL LITTLE. makes substantive changes to the VA ap- ARLINGTON, VA.—Concerned Veterans for America (CVA) Vice President for Legisla- peals process, and takes no position on this AUGUST 31, 2016. tive and Political Action Dan Caldwell re- section at this time. Hon. JEFF MILLER, leased the following statement today in sup- MOPH thanks you for your leadership on Chairman, House Committee on Veterans’ Af- port of House Veterans’ Affairs Committee this issue and your commitment to veteran- fairs, House of Representatives, Wash- Chairman Miller’s introduction of the ‘VA centric VA reform. We look forward to work- ington, DC. ing with you to ensure the passage of this Accountability First and Appeals Moderniza- DEAR MR. MILLER: AMVETS (American important legislation. tion Act of 2016:’ Veterans) is pleased to support your bill, Respectfully, ‘‘Concerned Veterans for America applauds H.R. 5620, the VA Accountability First and ROBERT PUSKAR, Chairman Miller for introducing H.R. 5620, Appeals Modernization Act of 2016, which National Commander. the VA Accountability First and Appeals seeks to provide for the removal or demotion Modernization Act of 2016: This legislation of employees of the Department of Veterans FLEET RESERVE ASSOCIATION, would go a long way in addressing the lack Affairs (VA) based on performance or mis- Alexandria, VA, July 26, 2016. of accountability plaguing the VA and im- conduct, and to reform the Veterans Benefits Hon. JEFF MILLER, peding the timely delivery of health care and Administration (VBA) appeals process. Chairman, House Veterans’ Affairs Committee, other benefits to eligible veterans. From pro- The intent of this bill is in line with two of House of Representatives, Washington, DC. viding meaningful limits on how long VA our National Resolutions, which dictate our DEAR CHAIRMAN MILLER: The Fleet Reserve employees can appeal administrative ac- legislative priorities, that our members Association (FRA) supports the ‘‘VA Ac- tions, to giving the VA secretary the author- voted on and passed at the AMVETS 72nd countability First and Appeals Moderniza- ity to recoup bonuses and salary awarded to National Convention in Reno, Nevada in Au- tion Act’’ (H.R. 5620) that would reform the unethical employees, this bill is full of the gust. The first Resolution is related to the VA’s disability benefits appeals process—a reforms that will rid the department of its need for, and importance of, improved VA ac- top priority for FRA. The bill also strength- accountability crisis. Importantly, its re- countability. It states, in part, that until ens protections for whistleblowers and en- moval of the Merit Systems Protection each and every VA employee can be held ac- forces accountability for unprofessional em- Board (MSPB) from the appeals process for countable for their actions, or lack thereof, ployees. senior executives is a critical component to the VA system will remain broken, unsatis- The Association appreciates your strong ensuring that top leaders are held account- factory, and unsafe. The second Resolution is leadership on this issue and stands ready to able for their actions and kept from nega- related to fixing the VBA claims processing provide assistance in advancing this legisla- tively influencing veterans’ care in the fu- and appeals systems. It states, in part, that tion. The FRA point of contact is John ture. We urge the VA committees of both AMVETS continues to monitor the progress Davis, Director of Legislative Programs. houses of Congress to move quickly on this of the veteran claims processing system, and Sincerely, legislation, and deliver the reform veterans working as a stakeholder, seeks to address THOMAS J. SNEE, deserve.’’ the shortcomings. For these reasons we National Executive Director. stand ready to help you gain passage of H.R. ASSOCIATION OF THE 5620. ENLISTED ASSOCIATION OF THE NA- UNITED STATES NAVY, AMVETS appreciates your leadership in TIONAL GUARD OF THE UNITED August 10, 2016. introducing this important legislation and in STATES, Hon. JEFF MILLER, striving to improve the lives of all veterans. Alexandria, VA, July 21, 2016. Cannon House Office Building, Sincerely, Hon. JEFF MILLER, Washington, DC. JOSEPH R. CHENELLY, Chairman, Committee on Veterans’ Affairs, DEAR CONGRESSMAN MILLER: The Associa- Executive Director. House of Representatives, Washington, DC. tion for the United States Navy strongly Mr. NEWHOUSE. Mr. Chairman, I be- DEAR CHAIRMAN MILLER: On behalf of the supports HR 5620, which combines VA ac- Enlisted Association of the National Guard countability provisions with appeals reform. lieve one of the Federal Government’s of the United States (EANGUS) which rep- The VA has had a history of committing most important functions is to support resents the interests of over 400,000 enlisted crimes without anything more than a slap on those who have sacrificed so much in men and women of the Army and Air Na- the wrist, leaving it to veterans to suffer the defense of our Nation. Whenever

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(2) CONTRACTS.—The Secretary shall carry tressing stories in recent years about menting regulations. out paragraph (1) by seeking to enter into the Department of Veterans Affairs However, unfortunately, this policy one or more contracts with appropriate enti- failing to provide our veterans the care is not always followed, and occasion- ties to develop the appointment distributed they deserve. My amendment seeks to ally locally designed transfer policies ledger technology system described in such address one of these problems by add- undermine efforts to provide emer- paragraph. ing the text of H.R. 3216, the Veterans gency care to veterans. Additionally, (3) PRIVACY AND OWNERSHIP OF INFORMA- Emergency Treatment Act, to this bill. in some of these instances there was TION.—Any information relating to a veteran that is used or transmitted pursuant to this This language is supported by the Vet- clear confusion on the part of the VA section— erans of Foreign Wars, the American facilities about their own transfer poli- (A) shall be treated in accordance with sec- Legion, and the Disabled American cies. This is why we must act now. tion 552a of title 5, United States Code (com- Veterans. Mr. Chairman, I urge the House to monly referred to as the ‘‘Privacy Act’’) and In short, my amendment would en- support and pass my amendment to other applicable laws and regulations relat- sure that every enrolled veteran who H.R. 5620. It is time we ensure our vet- ing to the privacy of the veteran; arrives at an emergency department of erans receive proper medical care dur- (B) may only be used by an employee or a VA medical facility and indicates an contractor of the Department of Veterans ing emergency medical situations, all Affairs to carry out paragraph (1); and emergency condition exists is assessed without requiring additional spending. (C) may not be disclosed to any person who and treated in an effort to prevent fur- Mr. Chairman, I reserve the balance is not the veteran or such an employee or ther injury or death. This is accom- of my time. contractor unless the veteran provides con- plished by applying the statutory re- Mr. MILLER of Florida. Mr. Chair- sent to such disclosure. quirements of the Emergency Medical man, I ask unanimous consent to claim (b) REPORT.—Not later than 180 days after Treatment and Labor Act, or the time in opposition, although I am the date on which the Secretary commences EMTALA, to emergency care furnished subsection (a)(1), the Secretary shall submit not opposed. to Congress a report on the implementation by the VA to enrolled veterans. The Acting CHAIR. Is there objection of this section. Mr. Chairman, my attention was to the request of the gentleman from (c) DEFINITIONS.—In this section: drawn to this issue by one of my own Florida? (1) The term ‘‘distributed ledger tech- constituents. In February of 2015, a 64- There was no objection. nology’’ means technology using a consensus year-old Army veteran arrived at the The Acting CHAIR. The gentleman is of replicated, shared, and synchronized dig- Seattle VA emergency room in severe recognized for 5 minutes. ital data that is geographically spread across pain with a broken foot that had swol- Mr. MILLER of Florida. Mr. Chair- multiple digital systems. len to the size of a football. No longer (2) The term ‘‘mobile application’’ means a man, as the sponsor has already said, it software program that runs on the operating able to walk, he requested emergency clarifies and strengthens VA’s respon- system of a mobile device. room staff assist him in traveling the sibility with regard to emergency care. (3) The term ‘‘mobile device’’ means a 10 feet from his car to the ER entrance. It has been drafted very well in re- smartphone, tablet computer, or similar Hospital personnel promptly hung up sponse to a recent, very tragic incident portable computing device that transmits on him after instructing him he would where a veteran died in a VA parking data over a wireless connection. need to call 911 to assist him at his own lot in very close proximity to a VA The Acting CHAIR. Pursuant to expense. He was eventually helped into emergency room. It is supported by nu- House Resolution 859, the gentleman the emergency room by a Seattle fire merous veterans service organizations. from Arizona (Mr. SCHWEIKERT) and a captain as well as three firefighters. I am grateful to the gentleman from Member opposed each will control 5 Another notable incident occurred in Washington (Mr. NEWHOUSE), my good minutes. New Mexico in 2014, when a veteran friend, and urge all of my colleagues to The Chair recognizes the gentleman collapsed in the cafeteria of a VA facil- join me in supporting this amendment. from Arizona. ity and ultimately died when the VA Mr. Chairman, I yield back the bal- Mr. SCHWEIKERT. Mr. Chairman, to refused to transport him 500 yards ance of my time. our friends on the other side, I will let across the campus to the emergency Mr. NEWHOUSE. Mr. Chairman, I you know, I am going to move to with- room. yield back the balance of my time. draw the amendment, but I do want to EMTALA is a Federal statute that The Acting CHAIR. The question is share a little bit of an explanation of supersedes State and local laws and on the amendment offered by the gen- why I am taking this approach. I am blessed to represent much of the grants every individual a Federal right tleman from Washington (Mr. Phoenix area, the epicenter of where to emergency care. It was enacted by NEWHOUSE). the calendar, where the scheduling sys- Congress in 1986 and is designed to pre- The amendment was agreed to. vent hospitals from transferring, or tem was manipulated. For those of us AMENDMENT NO. 8 OFFERED BY MR. SCHWEIKERT who are in this body who have had the dumping, uninsured or Medicaid pa- The Acting CHAIR. It is now in order opportunity to sit across from a widow tients to public hospitals. EMTALA re- to consider amendment No. 8 printed in who cannot stop crying because she is quires a hospital to conduct a medical House Report 114–742. telling you that, in everything she be- examination to determine if an emer- Mr. SCHWEIKERT. Mr. Chairman, I lieves, the VA took the life of her hus- gency medical condition exists. If one have an amendment at the desk. band by the delays, after the delays, does, then the hospital must either sta- The Acting CHAIR. The Clerk will after functionally being lied to and the bilize the patient or effectuate a proper designate the amendment. delays. transfer at the patient’s request. Cur- The text of the amendment is as fol- I accept in this body I may be bor- rently, the VA hospitals are considered lows: dering on being sort of a techno-uto- to be nonparticipating hospitals and Add at the end the following new section: pian, but I have a belief that there is are therefore not obligated to fulfill SEC. 11. USE OF DISTRIBUTED LEDGER TECH- technology out there that is already the requirements instituted by NOLOGY TO SCHEDULE APPOINT- widely adopted in the rest of the world. EMTALA. This amendment will revise MENTS. I mean, there are countries that the current law to remove the nonpartici- (a) USE OF DISTRIBUTED LEDGER TECH- entire nation’s database system is run pating designation and require them to NOLOGY.— this way, something called a distribu- fulfill requirements of EMTALA, just (1) IN GENERAL.—Beginning not later than tive ledger, a blockchain. as every other hospital does. one year after the date of the enactment of The beauty of what we were trying to Mr. Chairman, it is actually the Vet- this Act, the Secretary of Veterans Affairs shall ensure that veterans seeking health weave into this is the concept of, hey, erans Health Administration’s stated care appointments at medical facilities of they are already working on a sched- policy that all transfers in and out of the Department are able to use an Internet uling software. If you enable it across VA facilities of patients in the emer- website, a mobile application, or other simi- the server network, no one can manip- gency department or urgent care units lar electronic method to use distributed ulate it. You can’t sit there and slip in

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Basi- lowing: is due our respect, as we often forget cally, you are already using the capital (1) There are at least 3,600,000 veterans cur- the veterans that have been wounded, you have already spent on the series of rently living with service-connected disabil- disabled for life in battle. servers you have, and then it distrib- ities. I was proud to attend the dedication utes it across it. (2) As a result of their service, many vet- of the American Veterans Disabled for This is today’s technology—in a erans are permanently disabled throughout Life Memorial service just a couple of world where we step up and say we are their lives and in many cases must rely on years ago right outside of this Capitol going to custom-design a software solu- the support of their families and friends Building, and I want to thank Rep- when these visible and invisible burdens be- resentative FRANKEL and urge all of my tion for scheduling, that is brilliant if come too much to bear alone. it were still the 1990s; it is not—our (3) October 5, which is the anniversary of colleagues to join me in supporting ability to use a type of technology the dedication of the American Veterans Dis- this amendment. where the veteran can log in through abled for Life Memorial, has been recognized Mr. Chairman, I yield back the bal- secure passwords, see their own as an appropriate day on which to honor ance of my time. records, see their history, see their American veterans disabled for life each Mr. TAKANO. Mr. Chairman, I have schedules, and know that it is bullet- year. no further speakers, and again, I urge proof, that no one can manipulate it; (b) SENSE OF CONGRESS.—Congress— my colleagues to support Representa- (1) expresses its appreciation to the men tive FRANKEL’s amendment. and if there was a change, they can see and women left permanently wounded, ill, or when and who did it, and they get to I yield back the balance of my time. injured as a result of their service in the The Acting CHAIR. The question is participate in the scheduling of their Armed Forces; own health care. This will work on (2) supports the annual recognition of on the amendment offered by the gen- apps. It will work on a home computer. American veterans disabled for life; and tleman from California (Mr. TAKANO). It will work on the servers at the VA. (3) encourages the American people to The amendment was agreed to. I have to reach out and say thank honor American veterans disabled for life AMENDMENT NO. 11 OFFERED BY MR. TAKANO you to the chairman and to his staff each year with appropriate programs and ac- The Acting CHAIR. It is now in order because I know some of this is new tivities. to consider amendment No. 11 printed technology, and rolling it out in a very The Acting CHAIR. Pursuant to in House Report 114–742. specific fashion is sort of disharmo- House Resolution 859, the gentleman Mr. TAKANO. Mr. Chairman, as the nious when you are moving forward from California (Mr. TAKANO) and a designee of the gentleman from Ari- with a reform bill of this nature, but I Member opposed each will control 5 zona (Mr. GALLEGO), I offer amendment am hopeful that many of us are going minutes. No. 11. to sell you the idea that there is little The Chair recognizes the gentleman The Acting CHAIR. The Clerk will technological improvements that can from California. designate the amendment. The text of the amendment is as fol- be woven in and actually solve many of Mr. TAKANO. Mr. Chairman, I rise to lows: the structural problems, crises, con- offer the amendment on behalf of the cerns that all of us have had to face at gentlewoman from Florida (Ms. Page 54, after line 2, insert the following: the VA over the last few years. FRANKEL). SEC. 11. ESTABLISHMENT OF POSITIONS OF DI- Congresswoman FRANKEL’s amend- RECTORS OF VETERANS INTE- Mr. Chairman, I ask unanimous con- GRATED SERVICE NETWORKS IN OF- sent to withdraw the amendment enu- ment would honor American veterans FICE OF UNDER SECRETARY FOR merated as No. 8. disabled for life and support annual HEALTH OF DEPARTMENT OF VET- recognition of our Nation’s servicemen ERANS AFFAIRS AND MODIFICATION The Acting CHAIR. Is there objection OF QUALIFICATIONS FOR MEDICAL to the request of the gentleman from and -women left permanently wounded, DIRECTORS. Arizona? ill, or injured as a result of their serv- Section 7306(a)(4) of title 38, United States There was no objection. ice. If passed, it would recognize Octo- Code, is amended— The Acting CHAIR. The amendment ber 5 as an appropriate day to honor (1) by inserting ‘‘and Directors of Veterans is withdrawn. disabled veterans each year. This date Integrated Service Networks’’ after ‘‘Such It is now in order to consider amend- coincides with the anniversary of the Medical Directors’’; and ment No. 9 printed in House Report dedication of the American Veterans (2) by striking ‘‘, who shall be either a Disabled for Life Memorial in Wash- qualified doctor of medicine or a qualified 114–742. doctor of dental surgery or dental medicine’’. It is now in order to consider amend- ington, D.C. ment No. 10 printed in House Report The amendment is supported by the The Acting CHAIR. Pursuant to 114–742. Disabled American Veterans and the House Resolution 859, the gentleman from California (Mr. TAKANO) and a PARLIAMENTARY INQUIRY Paralyzed Veterans of America. It was Member opposed each will control 5 Mr. MILLER of Florida. Mr. Chair, included in a House concurrent resolu- tion that I was proud to cosponsor minutes. parliamentary inquiry. The Chair recognizes the gentleman alongside Chairman JEFF MILLER. It The Acting CHAIR. The gentleman from California. also passed the House as part of this from Florida will state his parliamen- Mr. TAKANO. Mr. Chairman, I rise to Chamber’s National Defense Authoriza- tary inquiry. offer the amendment on behalf of my Mr. MILLER of Florida. Will the tion Act. colleague from Arizona (Mr. GALLEGO). America’s 3.6 million disabled vet- Chair state the amendment number. I Representative GALLEGO’s amend- think you said amendment No. 10. erans have honored us with their serv- ment establishes the position of Direc- Should it be No. 9? ice and selfless duty. It is now our turn tor of Veterans Integrated Service Net- The Acting CHAIR. Amendment No. 9 to honor them, and passing this amend- works within the Office of the Under was not offered. ment is one way to do so. I urge my Secretary for Health in the VA. Mr. MILLER of Florida. I apologize, I colleagues to support this amendment. Leadership vacancies are prevalent was not informed. Mr. Chairman, I reserve the balance across the VA, particularly in terms of AMENDMENT NO. 10 OFFERED BY MR. TAKANO of my time. network and facility directors, and this Mr. TAKANO. Mr. Chair, as the des- Mr. MILLER of Florida. Mr. Chair- amendment will provide the VA with ignee of the gentlewoman from Florida man, I ask unanimous consent to claim additional flexibility to recruit med- (Ms. FRANKEL), I have an amendment the time in opposition, even though I ical center directors and VISN direc- at the desk. do not oppose the amendment. tors. The Acting CHAIR. The Clerk will The Acting CHAIR. Is there objection designate the amendment. to the request of the gentleman from b 1900 The text of the amendment is as fol- Florida? Within the 21 VISNs, there are 151 lows: There was no objection. medical centers, 985 outpatient clinics,

VerDate Sep 11 2014 03:21 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.107 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5416 CONGRESSIONAL RECORD — HOUSE September 13, 2016 135 community living centers, 103 ‘‘§ 7413. Continuing education requirement lem that our veterans returning home domiciliary rehabilitation treatment for employees authorized to prescribe from combat have to endure. programs, 300 readjustment counseling medication According to VA data, over half a centers, and 70 mobile vet centers. Net- ‘‘(a) REQUIREMENT.—(1) Except as provided million veterans are receiving prescrip- work directors have oversight of in paragraph (2), the Secretary shall require tions for opioids. The number of vet- each covered employee of the Department to erans with opioid use disorders has healthcare delivery for as many as 10 complete not less than one accredited course VA medical centers and numerous com- of continuing education on pain management grown 55 percent over the last 5 years munity-based outpatient clinics, nurs- once every two years. Such course shall in- alone. Additionally, the American Pub- ing homes, and domiciliary centers. clude information on safe prescribing prac- lic Health Association found that vet- Ensuring that the VA has all the tices and disposal of controlled substances, erans are twice as likely to overdose on tools necessary to fill and retain these principles of pain management, identifica- prescription opioids as are members of leadership positions is critical to ful- tion of potential substance use disorders and the general population. filling the VHA’s mission and providing addiction treatment. Of course, pain management isn’t ‘‘(2) Paragraph (1) shall not apply to a cov- just a stand-alone problem for our vet- quality, timely care to our veterans. ered employee if the covered employee is li- This amendment is included in H.R. censed or certified by a State licensure or erans. The injury leads to co-occurring 4011, the Delivering Opportunities for specialty board that requires the completion mental health disorders like brain Care and Services for Veterans Act, of continuing education relative to pain trauma or post-traumatic stress dis- otherwise known as DOCS for Vets Act, management or substance use disorder man- order. Approximately one out of every which the VA Secretary recently in- agement. three veterans seeking treatment for cluded amongst his top legislative pri- ‘‘(b) DEFINITIONS.—In this section: substance use disorders also have brain orities for the remainder of this Con- ‘‘(1) The term ‘covered employee’ means trauma or PTSD. any employee of the Department authorized The amendment incorporates lan- gress. The language also passed unani- to prescribe any controlled substance, in- mously in the Senate Veterans Affairs’ cluding an employee hired under section 7405 guage that I have introduced earlier in Committee as part of the bipartisan of this title. the year, the Safe Prescribing for Vet- Vets First Act. ‘‘(2) The term ‘controlled substance’ has erans Act. It will help those who pro- I urge my colleagues to support this the meaning given such term in section 102 vide healthcare services to veterans amendment. of the Controlled Substances Act (21 U.S.C. learn the latest in pain management Mr. Chair, I reserve the balance of 802). techniques, understand safe prescrip- my time. ‘‘(c) APPLICABILITY.—The requirement tion practices, and spot the signs of po- under subsection (a) shall apply with respect Mr. MILLER of Florida. Mr. Chair, I to a covered employee for any 24-month pe- tential substance use disorders. ask unanimous consent to claim the riod during which the covered employee is In our country, some of the States time in opposition, even though I am employed by the Department for at least 180 have moved ahead already with what not opposed. days.’’. this amendment does. There are 14 The Acting Chair. Is there objection (b) CLERICAL AMENDMENT.—The table of States in the country that require con- to the request of the gentleman from sections at the beginning of such chapter is tinuing education so that their physi- Florida? amended by adding at the end of the items cians are schooled and kept up to speed There was no objection. relating to subchapter I of such chapter the with the most modern techniques in following new item: The Acting CHAIR. The gentleman is dealing with opioid abuse disorders. recognized for 5 minutes. ‘‘7413. Continuing education requirement for employees authorized to pre- Even though there are 14, that number Mr. MILLER of Florida. Mr. Chair- scribe medication.’’. decreases in some of those States for man, this, in fact, would make it easier (c) APPLICABILITY.—Section 7413 of title 38, the people administering these drugs, for VA to recruit and retain its VISN United States Code, as added by subsection including nurse practitioners, physi- directors. It is a legislative proposal of (a) shall apply with respect to a 12-month pe- cian assistants, dentists, and others. the Department of Veterans Affairs in- riod that begins on or after the date of the So this is a problem that some States cluded in the committee-drafted H.R. enactment of this Act. are addressing, but we are not address- 5526, sponsored by Mr. WENSTRUP. The Acting CHAIR. Pursuant to ing as a country to help our veterans. I am grateful to Representative House Resolution 859, the gentleman In those States that have this, they GALLEGO. I urge all of my colleagues to from Massachusetts (Mr. KEATING) and have that requirement for continuing join me in supporting this amendment. a Member opposed each will control 5 education as part of treating those peo- Mr. Chair, I yield back the balance of minutes. ple who are seeking treatment. But in my time. The Chair recognizes the gentleman the remaining States, even if they have Mr. TAKANO. Mr. Chairman, I urge from Massachusetts. some kind of recommendations, there my colleagues to support Representa- Mr. KEATING. Mr. Chairman, I is no guarantee. And for our veterans tive GALLEGO’s amendment. would like to thank Chairman MILLER nationwide, there is no guarantee. Mr. Chairman, I yield back the bal- of Florida for his assistance with this So this is something, I think, that is ance of my time. amendment, as well as the gentleman essential and that we do the most we The Acting CHAIR. The question is from California (Mr. TAKANO). can do to help the veterans and the he- on the amendment offered by the gen- I rise to offer an amendment to H.R. roes that have served us so well as they tleman from California (Mr. TAKANO). 5620 that would direct healthcare pro- come back dealing with some of the ef- The amendment was agreed to. viders with VA affiliation to take con- fects and aftereffects of their combat, AMENDMENT NO. 12 OFFERED BY MR. KEATING tinuing education courses specific to to be able to help them and be there for The Acting CHAIR. It is now in order pain management, opioids, and sub- them the way that they were there for to consider amendment No. 12 printed stance abuse. us. in House Report 114–742. Nationally, about 30 percent of Amer- This Congress has already acted, in Mr. KEATING. Mr. Chairman, I have icans have some type of chronic pain terms of the appropriations process, for an amendment at the desk. that they report. However, for vet- the implementation of the costs at- The Acting CHAIR. The Clerk will erans—and our elderly veterans—that tendant to this kind of support. This designate the amendment. number escalates dramatically, with 50 bill will be a corollary bill that deals The text of the amendment is as fol- percent reporting chronic pain. And it with guaranteeing that that occurs. lows: is even more—almost double that—as In my own area, just to show you the Add at the end the following new section: 60 percent of veterans returning from conflicts of treatment and the diver- SEC. 11. CONTINUING EDUCATION REQUIREMENT the current conflict in the Middle East sity of treatment, the Commonwealth FOR EMPLOYEES OF DEPARTMENT report some type of chronic pain that of Massachusetts is one of those 14 OF VETERANS AFFAIRS AUTHOR- needs administration. In fact, this type States that requires all medical per- IZED TO PRESCRIBE MEDICATION. (a) IN GENERAL.—Subchapter I of chapter of malady is the most common medical sonnel, all doctors, to able to have this 74 of title 38, United States Code, is amended problem experienced by returning com- continuing education requirement. by adding at the end the following new sec- bat veterans in the entire last decade. That includes those doctors that serve tion: So it is the number one reported prob- the Veterans Administration.

VerDate Sep 11 2014 03:21 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.112 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5417 However, in my district in the south- ‘‘(1) the Deputy Secretary of Veterans Af- necessary prompt attention and senior east portion of Massachusetts, most of fairs; level VA oversight to whistleblower the veterans in my area go to Provi- ‘‘(2) the Under Secretary for Health; complaints. dence, Rhode Island, for their treat- ‘‘(3) the Under Secretary for Benefits; I believe this is nonpartisan, non- ‘‘(4) the Under Secretary for Memorial Af- ment, which does not have that guar- fairs; controversial, and I hope that the ma- antee. Just to show an example, they ‘‘(5) an Assistant Secretary of Veterans Af- jority goes along with my colleagues in have recommendations of what to do, fairs; the minority and will support it. I urge but they don’t have that guarantee. ‘‘(6) a Deputy Assistant Secretary of Vet- its adoption. So in my own State, one portion of erans Affairs; or Mr. Chair, I reserve the balance of the State and the veterans served ‘‘(7) a director of the Veterans Integrated my time. mostly in that portion has that re- Service Network. Mr. MILLER of Florida. Mr. Chair, I ‘‘(c) COVERED WHISTLEBLOWER COMPLAINT quirement to make sure that is the ask unanimous consent to claim the DEFINED.—In this section, the term ‘covered time in opposition, even though I am case. The other doesn’t. whistleblower complaint’ means any com- I want to thank Mr. ROTHFUS of plaint filed with the Office of the Special not opposed to the amendment. Pennsylvania for joining me as a co- Counsel under subchapter II of chapter 12 of The Acting CHAIR. Is there objection sponsor of this amendment. I want to title 5 with respect to a prohibited personnel to the request of the gentleman from thank my colleagues for this. practice committed by an officer or em- Florida? Mr. Chair, I yield back the balance of ployee of the Department of Veterans Affairs There was no objection. my time. and described in section 2302(b)(8) or The Acting CHAIR. The gentleman is Mr. MILLER of Florida. Mr. Chair, I 2302(b)(9)(A)(i), (B), (C), or (D) of such title.’’. recognized for 5 minutes. (b) CLERICAL AMENDMENT.—The table of Mr. MILLER of Florida. Mr. Chair, I ask unanimous consent to claim the sections at the beginning of such chapter is want to thank Mr. LOWENTHAL for his time in opposition, even though I am amended by inserting after the item relating not opposed to the amendment. to section 711 the following new item: very simple, nonpartisan amendment The Acting CHAIR. Is there objection ‘‘712. Review of whistleblower complaints.’’. that has been provided tonight requir- ing political appointees at VA review to the request of the gentleman from The Acting CHAIR. Pursuant to whistleblower complaints at every Florida? House Resolution 859, the gentleman level. I am grateful to him for bringing There was no objection. from California (Mr. LOWENTHAL) and a this forward. I urge all of my col- The Acting CHAIR. The gentleman is Member opposed each will control 5 recognized for 5 minutes. leagues to support his amendment. minutes. Mr. Chair, I yield back the balance of Mr. MILLER of Florida. Mr. Chair, I The Chair recognizes the gentleman do want to thank Mr. KEATING for com- my time. from California. Mr. LOWENTHAL. Mr. Chair, I thank ing up with this outstanding amend- Mr. LOWENTHAL. Mr. Chair, I yield and appreciate the leader from the ma- ment to our bill. It does require VA myself such time as I may consume. jority party. employees to receive continuing edu- Mr. Chair, I am very pleased to have Mr. Chair, I yield back the balance of cation and courses on pain manage- the opportunity to offer this simple, my time. ment, safe prescribing practices, dis- nonpartisan amendment today. The Acting CHAIR. The question is posal of controlled substances, and ad- Like many of my colleagues here, I on the amendment offered by the gen- diction treatment. It is critical for VA am determined to do whatever I can to tleman from California (Mr. providers to know the best practices ensure the best possible care for our LOWENTHAL). for pain management and substance veterans. And I can tell you that I see use disorder. The amendment was agreed to. all the time just how important the Mr. MILLER of Florida. Mr. Chair- I want to thank Mr. KEATING for his services are in my hometown at the man, I move that the Committee do words tonight, and Mr. ROTHFUS, and I Long Beach Veterans Administration now rise. my colleagues in supporting this to veterans in my district. The motion was agreed to. amendment. It is absolutely essential our vet- Accordingly, the Committee rose; Mr. Chair, I yield back the balance of erans receive the quality of care that and the Speaker pro tempore (Mr. MIL- my time. they have earned and that we owe LER of Florida) having assumed the The Acting CHAIR. The question is them. I believe everyone here agrees on chair, Mr. MOONEY of West Virginia, on the amendment offered by the gen- that. The question is: How can we en- Acting Chair of the Committee of the tleman from Massachusetts (Mr. sure that our veterans receive the best Whole House on the state of the Union, KEATING). quality care? reported that that Committee, having The amendment was agreed to. One straightforward, but important had under consideration the bill (H.R. AMENDMENT NO 13 OFFERED BY MR way is to make sure that whistle- . . 5620) to amend title 38, United States LOWENTHAL blowers are adequately protected. Code, to provide for the removal or de- The Acting CHAIR. It is now in order When problems emerge, as they cer- motion of employees of the Depart- to consider amendment No. 13 printed tainly will in any complicated system ment of Veterans Affairs based on per- in House Report 114–742. such as health care, it is vital that the formance or misconduct, and for other Mr. LOWENTHAL. Mr. Chairman, I VA employees feel that they can bring purposes, had come to no resolution have an amendment at the desk. forward complaints and they will be thereon. The Acting CHAIR. The Clerk will properly considered without fear of re- designate the amendment. taliation. f The text of the amendment is as fol- VA employees are key potential part- b 1915 ners in making sure the system is re- lows: SUICIDE PREVENTION MONTH Page 54, add after line 2 the following: sponsive, honest, and efficient. And if The SPEAKER pro tempore (Mr. SECTION 11. REVIEW OF WHISTLEBLOWER COM- they have any doubts or concerns PLAINTS. about their whistleblower protections, MOONEY of West Virginia). Under the (a) IN GENERAL.—Chapter 7 of title 38, then we lose the insights, their exper- Speaker’s announced policy of January United States Code, is amended by inserting tise, and the inside view that they 6, 2015, the gentlewoman from Arizona after section 711 the following new section: bring to the VA’s day-to-day oper- (Ms. SINEMA) is recognized for 60 min- ‘‘§ 712. Review of whistleblower complaints ations. That would be bad for the vet- utes as the designee of the minority ‘‘(a) IN GENERAL.—During each calendar erans and bad for our VA system. leader. quarter, the Secretary shall review each cov- My simple amendment helps to guar- GENERAL LEAVE ered whistleblower complaint that is filed antee whistleblower protections are Ms. SINEMA. Mr. Speaker, I ask during the previous calendar quarter. acted upon by requiring the Secretary unanimous consent that all Members ‘‘(b) DELEGATION.—The Secretary may only delegate the authority of the Secretary of Veterans Affairs or his or her des- may have 5 legislative days in which to under subsection (a) to review a covered ignee to conduct a quarterly review of revise and extend their remarks and in- whistleblower complaint, without further covered whistleblower complaints from clude extraneous material on the sub- delegation, to— the preceding quarter. This brings the ject of my Special Order.

VerDate Sep 11 2014 03:21 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.114 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5418 CONGRESSIONAL RECORD — HOUSE September 13, 2016 The SPEAKER pro tempore. Is there viding Sergeant Somers with appro- on such standards and procedures on objection to the request of the gentle- priate support and care. how best to engage veterans during the woman from Arizona? Like many veterans, Sergeant course of mental health treatment There was no objection. Somers’ isolation got worse when he with respect to classified information. Ms. SINEMA. Mr. Speaker, Sep- transitioned to civilian life. He tried to Finally, the bill directs the Secretary tember is Suicide Prevention Month, a provide for his family, but he was un- to allow veterans with classified expe- time for our Nation to raise awareness able to work due to his disability. Ser- riences to self-identify so they can about the recurring tragedy of suicide. geant Somers struggled with the VA quickly receive care in an appropriate Last month, the VA released an up- bureaucracy. His disability appeal had setting. dated comprehensive study on veteran been pending for over 2 years in the The Sergeant Daniel Somers Act suicide, finding an estimated 20 vet- system without any resolution. passed the House in February, but now erans lose their lives to suicide every Sergeant Somers didn’t get the help we are waiting for the Senate to take day. Twenty veterans a day should be a that he needed in time. On June 10 of action. No veteran or family should go call to action for our country and for 2013, Sergeant Somers wrote a letter to through the same tragedy that the this Congress. We must do more. his family. In this letter he said: ‘‘I am Somers family experienced, and we owe Typically, time in this House Cham- not getting better, I am not going to it to our veterans to pass and sign this ber is split; Republicans have 1 hour get better, and I will most certainly de- bill into law. and Democrats have another. But I be- teriorate further as time goes on.’’ While we are waiting for Congress to lieve this issue is too important to be He went on in the letter to say: ‘‘I am act, Arizona is taking action. We are overshadowed by partisan politics, and left with basically nothing. Too doing it ourselves. Our office took im- that is why tonight I have invited trapped in a war to be at peace; too mediate action when we heard from Members from both sides of the aisle to damaged to be at war. Abandoned by brave whistleblowers about the tragedy show our commitment to solving this those who would take the easy road, at the Phoenix VA. We have now held problem together and find real solu- and a liability to those who stick it out nine veterans clinics, helping over 1,000 tions for our veterans. and, thus, deserve better. So you see, veterans and military members access This is the fourth year that I have not only am I better off dead, but the the benefits they have earned. Our held this event in this Chamber to world is better without me in it. This team helps veterans with everything raise awareness and send a clear mes- is what brought me to my actual final they need, from housing to job place- sage that the epidemic of veteran sui- mission.’’ ment, to education. cide must end. We have so much more We lost Daniel Somers that day, and Mr. Speaker, I will speak more about work left to do. no one who returns home from serving the work we are doing in Arizona, but Tonight I hope that we, as a body, our country should ever feel like he or I would like to yield to my colleague will demonstrate our ongoing support she has nowhere to turn. from New York (Mr. GIBSON), who has for the individuals, organizations, and Mr. Speaker, and Members, I am bravely served our country. agencies devoted to preventing the epi- committed to working on both sides of Mr. GIBSON. Mr. Speaker, I thank demic of veteran suicide. We challenge the aisle to ensure that no veteran my friend and colleague, Representa- the VA, the Department of Defense, feels trapped like Sergeant Somers did, tive SINEMA. I thank her for her pas- and our fellow lawmakers to do more. and that all of our veterans have access sion for the issue, for her leadership Today, Mr. Speaker, we are failing in to appropriate mental health care. which she brings here tonight and on our obligation to do right by those who Sergeant Somers’ story is familiar to all days on this very important issue have served our country so honorably. too many military families. Sergeant for veterans. Finally, we send a message to mili- Somers’ parents, Howard and Jean, Mr. Speaker, this is a very personal tary families who have experienced were devastated by the loss of their issue for me. After 29 years in the this tragedy. Our message is simple: son, but they bravely shared Sergeant United States Army, initially starting Your family’s loss isn’t forgotten. We Somers’ story and created a mission of as a 17-year-old private in the New work for the memory of your loved their own. Their mission is to ensure York Army National Guard and, after 5 ones, and we will not rest until every that Sergant Somers’ story brings to years, making the transition to the veteran has access to the care that he light America’s deadliest war, the 20 regular Army as a Commissioned Offi- or she needs. veterans that we lose every day to sui- cer and serving 24 additional years, in- I have often shared the story of a cide. cluding 4 combat tours in Iraq, time in young veteran from my district, Ser- Many of my colleagues have met the Balkans, also in Haiti, over that geant Daniel Somers. Sergeant Somers with Howard and Jean. They are work- time, I have seen the human condition was an Army veteran of two tours in ing with Congress and the VA to share under very severe and acute stress, and Iraq. He served on Task Force Light- their experiences with the VA have seen humans at their best and hu- ning, an intelligence unit. He ran over healthcare system and find ways to im- mans at their worst. 400 combat missions as a machine gun- prove care for veterans and their fami- Now, in this role in Congress, I think ner in the turret of a Humvee; and part lies. it is critically important that we come of his role required him to interrogate Our office worked closely with How- together and provide all the support dozens of terrorist suspects. His work ard and Jean to develop the Sergeant that we can for our servicemen and was deemed classified. Daniel Somers Classified Veterans Ac- -women, for our veterans, and for their Like many veterans, though, Daniel cess to Care Act. The Sergeant Daniel families. was haunted by the war when he re- Somers Act ensures that veterans with Mr. Speaker, my wife is also involved turned home. He suffered from flash- classified experiences can access appro- in helping on this score, as she is a li- backs, nightmares, depression, and ad- priate mental health services at the censed clinical social worker, and she ditional symptoms of post-traumatic Department of Veterans Affairs. commits herself to helping. She is in- stress disorder, made worse by a trau- Our bill directs the Secretary of the volved in therapy for our veterans. And matic brain injury. VA to establish standards and proce- for both of us, we have seen this from Daniel needed help. He and his family dures to ensure that a veteran who par- the vantage point of being on Active asked for help, but, unfortunately, the ticipated in a classified mission, or Duty, and then retiring from the VA enrolled Sergeant Somers in group who served in a sensitive unit, may ac- United States military and being a ci- therapy sessions, which Sergeant cess mental health care in a manner vilian, in a community, and now serv- Somers could not attend for fear of dis- that fully accommodates his or her ob- ing in Congress. closing classified information. ligation to not improperly disclose It is clear that, as far as the status of Despite repeated requests for individ- classified information. our veterans—well, I guess, perhaps not ualized counseling, or some other rea- The bill also directs the Secretary to surprisingly a lot like the rest of sonable accommodation to allow Ser- disseminate guidance to employees of America—it is variegated. Some vet- geant Somers to receive appropriate the Veterans Health Administration, erans are doing really well; got home, care for his PTSD, the VA delayed pro- including mental health professionals, integrated, and really excelling in

VerDate Sep 11 2014 03:21 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.118 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5419 every capacity in life. Yet, Mr. Speak- reform of the VA, arguably, in our life- or it is sometimes called the Airborne er, there are some that are really time. Now, we are still in the throes of Buddy, or sometimes just the plain struggling. They are struggling to find implementing that, so we haven’t seen Soldier Buddy. But the point is that for their footing, to reintegrate into soci- the full effect, but the intent of which moments of ideations, the darkest of ety. They may be struggling finan- is to address what Congresswoman ideations, we need to have that support cially. Others have grievous wounds SINEMA was addressing moments ago, that will then lend itself to a transi- that they incurred in this war, and oth- and that was the backlogs at the VA. tion to the other programs we have at ers who still were not physically We have enacted legislation that I the VA and other places in the light of wounded are carrying emotional scars. believe will ultimately, when it is fully day. So really, that is, I think, the calling implemented, over time, help reduce I am going to close with this: while here tonight. Congresswoman SINEMA those backlogs, bring better quality we need to do more to help with the has pulled together this Special Order care and more accountability to our physical condition for our veterans, to for us to put a focus on that, and I VA. help them heal, and to also work their deeply appreciate that because the I want to also mention that, while mental health, to support that and im- American people need to know: Is their these aforementioned bills are now law, prove that. I firmly this: One of the government listening? Do we hear the we passed on this floor a bill a couple things that rallies all servicemembers calls from our veterans, their families, of months ago that I think will also is a real sense of mission, the notion and from their loved ones, from their make a significant difference and it that what they are doing is certainly friends, and from all Americans who will help the mental health of all greater than themselves. They are are concerned about the status of our Americans: TIM MURPHY’s bill on men- helping to protect an exceptional way veterans? tal health that is now over in the Sen- of life, and that is such a source of Mr. Speaker, our government is lis- ate. And I think that will have a con- pride for our servicemen and -women. tening. We have taken action. There is tributing effect to our veterans. When they make the transition, some- much more to be done, but I think it is So while there is an accounting of times that is not even fully cognizant the actions we have taken to date, important to also give an accounting. for our servicemen and -women. They there is still much more to be done. A transparent, accountable govern- have appreciation for it, but sometimes And let me begin by saying that, after ment must provide report on what has it really takes the separation of years all these efforts, only a third of the been done. to recognize how significant that mo- veterans who are eligible to enroll in Mr. Speaker, I was at the White ment in their life was, that period of the VA are presently signed up. House when we did the bill signing, time in their life. when President Obama signed into law b 1930 So for some veterans, when they get the Clay Hunt suicide awareness and We have to do better than that. I home, they miss this, that sense of ca- prevention bill. Clay Hunt, a great think we need public service, we need maraderie, that sense of cohesion, and American hero, a Marine who fought leadership by example, and we need a that sense of purpose that goes with bravely for our country in both Iraq whole series of efforts to reach out to dedicating a life to a cause. and Afghanistan, who came back and our veterans to get them into this com- So as we work on improving the who candidly knew that he was having munity of care. In part, some of it is physical health and the mental health some mental health challenges; and the going to have to come from confidence of our veterans, I would also say that it way he dealt with that was to commit in the VA, which we need to improve. is important that we help veterans find himself to helping others. And he did So we recognize that while we have the that cause in their civilian life in any make a difference, again. Veterans Administration and we are capacity, whether it is helping out Unfortunately, he ultimately lost his trying to improve it, we are working with other wounded veterans, helping battle with the mental health chal- hard on that, we also need to try to in- in schools, helping senior citizens, or lenges that he had, and his family took spire to get more vets to use it. helping the Scouts. In any capacity, it up the cause in that immediate after- I will also say that my assessment is, is getting that sense of mission back math. It is through the inspiration of as I mentioned, having served on Ac- again. I think that has got to be key to Clay Hunt, the way he lived his life, tive Duty and now on this side on re- all these programs. that we came together here in this tirement, I think the peer-to-peer pro- I want to close by just thanking, House. And I thank Sergeant Major grams are critically important because again, Congresswoman SINEMA. I thank Walz, the highest ranking enlisted man we have a number of programs to help. the gentlewoman for her great leader- to ever serve in these Chambers, for au- As I mentioned, my wife is partici- ship on this. Let us all go forward dedi- thoring the bill. I was proud to be a pating in one of them with the therapy cated to continuing to work on this part of it. helping. issue and find ways where we can come But this, we believe, will make a The fact of the matter is that if a together to make a difference. positive difference. It will not solve all, veteran is in crisis in the dark of the Ms. SINEMA. Mr. Speaker, I thank but it does audit our programs to take night, and we have no way of reaching Representative GIBSON for his words. I a look at what is doing well, and other out to him, we could lose him, regard- thank the gentleman for his service to programs that are still challenged, less of what programs we have. our country. I thank especially the well-intentioned, but challenged; and it So these peer-to-peer efforts, which gentleman’s wife. As a fellow social is going to provide a clearinghouse so there are some now, some pilot pro- worker, I thank her for her work serv- that we can learn from these experi- grams and some important ones that ing veterans. ences. are going on—we have one in New York I thank Representative HILL for join- It also starts a pilot program that is State. I heard Congresswoman SINEMA ing us this evening. going to pay for the education for talking about a program they have in Mr. Speaker, I yield to my colleague Americans who want to volunteer to be Arizona. In New York State, we have a from Arkansas, FRENCH HILL. part of this effort to help veterans, the peer-to-peer program actually started Mr. HILL. I thank the Congress- Clay Hunt suicide awareness and pre- by one of our colleagues here now, LEE woman from Arizona, my distinguished vention, now law. ZELDIN from Long Island. When he was colleague on the House Financial Serv- Likewise, the Female Veteran Sui- serving in the State Senate, he coau- ices Committee. I thank the gentle- cide Prevention Act, we passed that in thored a bill that became law in our woman for calling attention to all the both Chambers, and the President of State that has been helping with peer Members in the House in this hallowed the United States signed that into law. to peer. I think this is critically impor- Chamber on this very, very important We also enacted the Wounded War- tant that we have this camaraderie and topic. So I thank the gentlewoman for riors Federal Leave Act, which I also that we have this capacity that reaches inviting us to share. think will make a positive difference out so that veterans know they are Mr. Speaker, in 2013, a documentary for our veterans. never alone. about the Veterans Crisis Line aired on And then, of course, about 18 months In the Army, we had a program that HBO. Winning an Academy Award for ago we enacted the VA’s most sweeping we called the Ranger Buddy program, Best Short Subject Documentary in

VerDate Sep 11 2014 03:21 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.119 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5420 CONGRESSIONAL RECORD — HOUSE September 13, 2016 2015, ‘‘Crisis Hotline: Veterans Press 1’’ earlier this summer. This landmark gress, and I think folks are recognizing highlighted the suicide crisis that we bill, introduced by our colleague, Rep- that here tonight. are talking about here tonight. It resentative MURPHY from Pennsyl- During Suicide Prevention Month, we talked about the crisis that is facing vania, was cosponsored by over 200 bi- turn our focus to ending the awful re- our Nation’s veterans and the men and partisan Members of the House and ad- ality of veteran suicide that has hurt women who are employed by the hot- dresses our seriously outdated mental families and communities across the line that have devoted their time and health care system by refocusing and country. Every day, 20 veterans trag- their expertise in listening to our vet- retooling our mental health programs, ically take their own lives. Regardless erans and trying to aid them in their clarifying our privacy laws to ensure of the number or rates, every veteran moment of crisis. Too many times, healthcare professionals can commu- suicide is one too many. But there is these calls are ones of last resort, with nicate with caregivers, and addressing much more we can do. our veterans having nowhere else to the shortages in our mental health Mental health issues are still stig- turn and no one else to help them. workforce and treatment facilities. matized in our country, but it is time Over the years, we have continued to In the debate on that bill, it was we recognized the unique challenges hear of the tragic crisis facing our vet- stunning to learn that in the mid-1970s faced by servicemembers and veterans erans who continue to suffer from the we had some half a million mental in this regard. Post-traumatic stress is invisible wounds of war that wreak healthcare beds in this country, and all too prevalent among our havoc on their minds, destroy families, now we have some 50,000. It is sad to warfighters when they return home. and, sadly, claim the lives of an aver- hear the stories of parents of adult We don’t call it a disorder because it is age of some 20 veterans every day. children who have lost them because of often a perfectly natural reaction to Arkansas’ Second Congressional Dis- the lack of communication and the the horrors that they have seen and the trict is home to many of our brave vet- lack of service in some of our States in difficulties they have experienced. So erans from the conflicts of our country. mental health. I commend Congress- we have to come together as a nation to address this issue. Our men and Many servicemembers currently who man MURPHY for helping lead and build serve at Little Rock Air Force Base a major bipartisan coalition on this women in uniform deserve our dedica- and at Camp Robinson and our vet- important topic. tion, just as they dedicated their lives erans in central Arkansas are fortu- But all of us together—and I again to serving our Nation. In San Diego, we are taking some in- nate to have one of the top facilities in thank the Congresswoman from Ari- novative and collaborative approaches the entire country when it comes to zona—we all must work together and to addressing veteran suicide by com- treating mental health issues. continue to move forward with bining government, private groups, and The Towbin Healthcare Center, more thoughtful and effective legislation on community partners. Since 2014, commonly known as Fort Roots, lo- the issue of mental health and mental zero8hundred has helped local veterans cated in north Little Rock, Arkansas, health access and do what we can to transition from Active Duty to civilian provides our local veterans with men- save the lives of our veterans and re- life. This community-based nonprofit tal health care facilities and services verse this deadly trend of suicides. connects with servicemembers before that have received national attention I am proud to join my colleagues this they leave the military, and it makes on ‘‘60 Minutes.’’ The doctors at Fort evening to discuss this important mat- sure that they know about the abun- Roots, their innovation, their success ter, and I am committed to ensuring dant services and community resources with post-traumatic stress disorder, that all of our veterans, our service- available to them as they transition and their treatments have gotten that members, and their families receive themselves into new jobs and into new kind of national recognition. The man- the care and information they need to lives. agement, the doctors, and the rank- prevent suicide and help them heal and Courage to Call is another San Diego and-file employees work tirelessly to recover from these invisible wounds of resource, a 24/7 helpline completely give our veterans suffering from PTSD war. staffed by veterans ready to speak with and traumatic brain injury a chance Mr. Speaker, I thank Chairwoman Active Duty military, reservists, Guard for rehabilitation and for getting back SINEMA for this time. I thank the gen- members, and fellow vets to help them and getting on with their lives and tlewoman for the opportunity to share navigate challenges that come with life their families. this part of the evening with her, and I in and after the service. The Central Arkansas Veterans Men- commend the gentlewoman for her In war, servicemembers depend on tal Health Council has also partnered leadership. one another for guidance and support, with veterans, their families, and the Ms. SINEMA. Mr. Speaker, I thank and they should have that same sup- central Arkansas community to help Congressman HILL for joining us and port as civilians. This service was address this ongoing crisis and better his leadership in the Congress on men- started in San Diego by 2–1-1, a local help serve the mental health needs of tal health and veterans issues. public-private partnership, a nexus to our Arkansas veterans. Mr. Speaker, I yield to my colleague connect community resources with the In Congress, we are working together from California, SCOTT PETERS, who individuals that can take advantage of on a bipartisan basis to enact policies currently represents Howard and Jean them. It is a perfect example of how that help our veterans and reform our Somers whom I was speaking about providing a central portal for benefits, mental health care system. Last year, earlier. I thank the gentleman for employment, and housing help simplify the House passed with bipartisan sup- being here. the process and get veterans the bene- port and the President signed into law Mr. PETERS. Mr. Speaker, I thank fits that they earn. the Clay Hunt SAV Act to increase ac- Congresswoman SINEMA for organizing We also have medical centers that cess to mental health care for veterans this bipartisan gathering to raise use innovative models of care to meet and ensure the accountability of our awareness about the suicide epidemic the needs of our servicemembers and Federal agencies in providing essential plaguing our veterans community and veterans. I hope we can implement suicide prevention services. for the gentlewoman’s leadership on some of these same standards of care The bill’s namesake, a marine vet- this important cause. across the country. But that is not pos- eran from Houston, Texas, who served San Diego is home to the third larg- sible unless we come together—come in Iraq and Afghanistan, Clay Hunt est population of veterans in the Na- together as leaders—and pass bipar- took his own life at the age of 28 in tion. Every year, roughly half of the tisan reforms to veterans care. 2011, after a years-long struggle with servicemembers stationed in San Diego As Congresswoman SINEMA has men- PTSD that he had suffered as a result are discharged and stay in the region tioned, she and I have had the honor of of his brave service to our country. after they leave service. With more working with Dr. Howard and Jean We are also working to better address than 236,000 residing in San Diego Somers, who have been tireless advo- the mental health needs of our entire County, honoring our commitment to cates for reforming the broken country through the passage of the veterans—the benefits they earned healthcare system at the Department Helping Families In Mental Health Cri- through their service—is one of the of Veterans Affairs after they lost their sis Act, which was on the House floor most important jobs we have in Con- son, Daniel, to suicide in 2013.

VerDate Sep 11 2014 05:27 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.120 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5421 While it is not perfect, and we have a to use this platform to make it a na- that our veterans—not alone, but with lot of implementation steps to take, tional priority every hour, every day, their family and their friends—struggle the Veterans Choice Act and the Vet- every month of the year. With a reduc- with. Not recognizing the signs early erans Accountability Act that we de- tion of two suicides per day, that is a enough all too often leads to that loss bated earlier tonight will help bring great thing, but 20 is way too many. of life that if only we were aware of accountability to a system wrought Suicide is among the top 10 leading those conditions, those signs, and we with oversight and leadership chal- causes of death in the United States. I reached out and we called, we let some- lenges. urge all Americans to take the time to body know, we could have stopped that We also need to provide more flexible learn the warning signs and where to and saved a life, saved a family, and treatment options like telehealth tech- find help for someone who may be saved a veteran. nologies that allow veterans to receive struggling. From the brilliant come- Our government asks our men and care from the comfort of their homes. dian Robin Williams, to bullied young women to please place themselves in Finally, and I think maybe most im- kids, to the brave men and women of harm’s way. We as a nation must come portantly, we need to break the stigma our Nation’s military returning from together to ensure a strong support of mental health issues once and for the battlefield, suicide does not dis- system is in place to help them when all. We know how difficult it has been criminate. Emotional pain and despair they come home. to deal with the veterans who come to can set in and take root in the mind of This begins with raising public the VA for care, but there is a great all ages and across all demographics. awareness—like any campaign, if you number who never touch the VA who We are focusing on our military be- don’t have public awareness, if you suffer in loneliness at home and have cause of the liberties and freedoms we don’t bring this to the forefront, it never connected with the VA even with experience in this country every day. I stays in the shadows, and the condition a phone call, and they take their lives am shameful to admit that I take those goes on and sometimes increases—and before they even make the attempt. for granted at times. But we only have eliminating stigmas associated with b 1945 those liberties and freedoms from the seeking help. This means connecting We need to do a better job of out- sacrifice, dedication, and commitment combat veterans with mental health reach to those folks to make sure that of the people that are willing to lay ev- providers. they know that they have the support erything on the line for this country, We heard the last speaker talking of the veterans community and the along with their spouses, their chil- about telemedicine. That doesn’t work larger community at home. dren, and their family. for everybody; but for the person that We have to treat these unseen battle Too many times, the signs of suicide doesn’t want to go to a clinic or scars with the same gravity and re- go undetected, which leave those left doesn’t have access, it is a great way to spect as the visible ones. We owe it to behind asking: Why did this happen? go, and a lot of people prefer that. We our Nation’s heroes to end the tragedy What could we have done to help pre- see that over and over again. of veteran suicide. This is a conversa- vent this tragedy? This means additional mental health tion I am proud to be a part of. I am I had a dear friend of mine who had resources. Again, I am proud that this committed to constructive results. committed suicide. I grew up with him. Congress passed that bill and that the Mr. Speaker, I want to thank Ms. I saw him reach out, and in a busy President signed it. And this means SINEMA again for her leadership on this world, we are all consumed. I feel prioritizing a change in our Nation’s and for organizing this evening. guilty not putting a hand in there to do approach to recognizing the needs of Ms. SINEMA. Mr. Speaker, I thank more to prevent that. I know his fam- others who may be suffering in silence, Congressman PETERS, and I thank him ily has suffered, I know the people as I talked about my friend. for his willingness to work tirelessly around him have suffered, and I know Congress and the VA are working to with me and with others on the issues there is a void in my life that will enact changes that will help save our that we know affect not just Howard never be refilled. I often wonder: Had I soldiers, but we cannot do it alone, nor and Jean and their son Daniel, but reached out, would things have been can they. It is the American people many other veterans around the coun- different? that will lead the way in changing the try. Often, the signs, as I said, go unde- way society views, recognizes, and Mr. Speaker, I yield to the gentleman tected, which leave those asking: Why treats mental health conditions. from Florida (Mr. YOHO), who is joining did this happen? I saw this at a seminar, and this was us for the fourth year in a row. I thank We can work beyond that. It is so im- so important to me. The mental health him so much for being here. portant that we have an open and hon- issue is not a partisan issue. We need Mr. YOHO. Mr. Speaker, I thank Ms. est dialogue about the issue of suicide. to remove the stigma from mental SINEMA for putting this on for 4 years The more we talk about it, the more health. Heck, look at other diseases. in a row because this is such an impor- we increase people’s awareness that Many times it is a chemical imbalance, tant topic that we all need to be en- there is help and there are alter- just like a disease like diabetes or gaged in as a nation. Mr. Speaker, as natives. hypothyroidism. You take a medica- Ms. SINEMA and I came in together, she Today, a disproportionate amount of tion and you treat it. We don’t stig- has hosted this Special Order, and I our Nation’s veterans are falling vic- matize those, so why is there this stig- thank her for calling it to the atten- tim to suicide. After all they have ma around mental health issues? It is tion of America. given to this country, it is tragic and going to be us as a society saying it is Last year, I remember we stood here unacceptable that our Nation’s vet- okay, we are here. The diseases aren’t on the House floor talking about 22 sui- erans often suffer alone until it is too stigmatized, like I said, so why are cides per day, but the current figures late for those around them to help. mental health issues stigmatized? say 20. I would like to think that part Sometimes it is out of pride, some- To the men and women whose pain is of that reason for a decrease in that is times it is out of fear, but they don’t yet to be known, I say to you I see you the effort that she has inspired people want to reach out. and I hear you. I acknowledge I may to be more aware of this issue. And I As my colleague FRENCH HILL point- not feel what you are feeling, I may hope that the veterans out there, the ed out, at one point in time in this not feel your suffering, but I and others people in trouble, are watching C– country, there were over 500,000 beds in are here in the community offering our SPAN tonight and they are watching mental health facilities, and we are service and assistance in finding sup- this presentation, this talk that is down to 50,000. I applaud the work of port and comfort in one another. It is coming out of the heart of so many this Congress and Dr. MURPHY, TIM together that we will survive. It is to- Members of Congress talking about MURPHY, for bringing this to the spot- gether that we survive as a nation. We this very important issue and letting light. need everybody involved in this. them know that we are here and that By shining a light on the veteran sui- I urge anyone who is suffering to we are aware of this. cide issue, we as a nation start to un- reach out to those around you and ask September is National Suicide Pre- derstand the urgency with which we for help. This does not mean you are vention Month. As a country, we need need to solve and prevent this epidemic weak or deficient. Asking for help

VerDate Sep 11 2014 03:21 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.121 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5422 CONGRESSIONAL RECORD — HOUSE September 13, 2016 often is the greatest sign of a warrior a number of recommendations to ad- support. We should thank them for or of a leader, the enduring strength dress the quality, responsiveness, and their service, but thanking them is not and perseverance you possess and that performance of the Veterans Crisis enough. They deserve better. That is often so many times inspires others, so Line and the mental health care pro- why I have introduced, with bipartisan many times it inspires others often un- vided to our veterans. support, this bill to honor and thank willing to reach out for help. Despite promises by the VA to imple- our veterans and let them know Amer- Whether it is out of fear, embarrass- ment changes to address problems fac- ica supports them. Our veterans an- ment, or humiliation, just know we are ing veterans who use this crisis line, swered our Nation’s call, and we here and we welcome you home. My en- these problems are still happening. shouldn’t leave them waiting on the couragement is that you call a local They happened to constituents in the line. mental health clinic or your local VA district I am privileged to represent, I thank the leadership of my col- or your Congress Member if you need and they are, without a doubt, hap- league, Ms. SINEMA of Arizona, for tak- to. We are here to help you. You are pening in the districts of my col- ing the time to bring attention to this never alone. Your country depends on leagues. important issue, and all our other col- you, your spouse depends on you, your Veterans deserve more. They deserve leagues here on both sides of the aisle. children depend on you, and we as a na- quality, effective mental health care. A Ms. SINEMA. I thank Congressman tion depend on you. veteran in need cannot wait for help. YOUNG for joining us this evening. I thank my colleague again, for the Any incident where a veteran has trou- Mr. Speaker, I would like to take the fourth year. I look forward to doing ble with the Veterans Crisis Line is time to yield to another speaker in this this with her next year so that when simply unacceptable. How did we let bipartisan Special Order hour, a col- we report back, we are not at 22, we are this go on? league of mine who has served our not at 20, we are at 10. Ms. SINEMA and The Iowa veteran’s experience that country ably. I, this Congress, and our Nation can do Saturday evening in April has troubled Congressman DOUG COLLINS of Geor- that. God bless you. me. His experience is why I have been gia served a combat tour in Iraq in Ms. SINEMA. Mr. Speaker, I thank working on a bill in a bipartisan man- 2008, and he currently serves as an Air Congressman YOHO. It has been an ner which upholds the promises our Force Reserve chaplain. I am very honor to continue working on this country has made to our veterans. grateful that he has taken the time to issue with him. My bill, the bipartisan bill, the No join us this evening to talk about the Mr. Speaker, I yield to the gentleman Veterans Crisis Line Call Should Go unfortunate continuing problem of vet- from Iowa (Mr. YOUNG). We co-chair a Unanswered Act, H.R. 5392, requires the eran suicide and our work to provide task force together to combat identity VA to create and implement docu- mental health care for them in this theft and fraud, and it has been won- mented plans to improve responsive- country. derful to work together on that issue. I ness and performance of the crisis line. Mr. Speaker, I thank Congressman am so grateful to continue working to- It is an important step to ensure our COLLINS for being here. gether with him on the issue of mental veterans have access to the mental Mr. COLLINS of Georgia. Mr. Speak- health and preventing suicide for the health resources they need and they er, I appreciate my colleague from Ari- brave veterans who serve our country. deserve. The unacceptable fact is, zona (Ms. SINEMA) for doing this. It is Mr. YOUNG of Iowa. Mr. Speaker, I while these quality standards should really something that we need to high- thank the gentlewoman from Arizona already be in place, they are not. They light more. (Ms. SINEMA). I appreciate our working are not in place, and they should be. I am glad to be here tonight. I had relationship on this issue and so many My bill does not duplicate existing forgotten that this was the night you others. standards or slow care for veterans. In- were going to be here. I have some- According to the Department of Vet- stead, my bipartisan bill puts in place thing that we are going to be talking erans Affairs, every day, as we know, requirements aligning with rec- about here in a little bit, but this is and we hear it too often, 20 veterans ommendations made by government perfect timing for it because it is so take their lives. Mr. Speaker, this is accountability organizations to im- important. simply unacceptable. prove the Veterans Crisis Line. The issues that we deal with and the In April, an Iowa veteran called the My bill requires the VA to develop seriousness of this topic is the stigma. VA Veterans Crisis Line, the confiden- and implement a quality assurance And still being in the Air Force and tial, toll-free hotline providing 24-hour process to address responsiveness and looking at how the military has dealt support for our veterans seeking crisis performance of the Veterans Crisis with this issue is something that is assistance. This veteran was having a Line and backup call centers, and a frustrating for those of us who do it all rough day. This veteran needed help. timeline of when objectives will be the time. As the veteran sought the help he reached. I was in the Navy for a short time. I desperately needed, the phone kept It also directs the VA to create a got out for a little bit. I went back in ringing and ringing and ringing. He plan to ensure any communication to the Air Force. And in my 15, 16 years in tried again. But the only answer was: the Veterans Crisis Line or backup call the military, we have been through, ‘‘All circuits are busy. Try your call center is answered in a timely manner, like, four different programs on how to later.’’ by a live person, and to document the help servicemembers with suicide. This hotline designed to provide es- improvements they make, providing The bottom line is that we don’t need sential support for veterans and their those plans to Congress within 180 days more courses. We need just more care families and friends let him down. This of the enactment of this bill. We can- for our airmen and our soldiers and our heartbreaking story is tragically true. not wait any longer. We cannot wait sailors, and looking at it from a per- It is not unique, though. Thankfully, any longer. spective of caring about the other per- this veteran was able to contact a son. It is not a course; it is caring. It is friend who got him the help he was b 2000 looking at signs and knowing that seeking. Our bipartisan bill would help the VA there are people who are out there In 2014, a number of complaints about deliver quality mental health care to hurting, but also taking an account of missed or unanswered calls, unrespon- veterans in need. what I have heard many of the speak- sive staff, as well as inappropriate and Iowa veterans and all veterans have ers tonight talk about, and that is the delayed responses to veterans in crisis, faced enormous pressures, mental and issue of mental health. prompted the VA Office of the Inspec- emotional war wounds, sacrificed per- My daughter, who I love dearly, has tor General and the Government Ac- sonal and professional gains, and expe- spina bifida. She cannot walk. She has countability Office to conduct an in- rienced dangerous conditions in service not walked at all since birth. She is vestigation into the Veterans Crisis to our Nation. Many are returning paralyzed from the waist down. If she Line. home with post-traumatic stress dis- was to roll in here tonight or to roll Both investigations found gaps in the order and other unique needs which re- anywhere, one of the first things that quality assurance process and provided quire counseling and mental health we see so many times is that people

VerDate Sep 11 2014 03:21 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.123 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5423 react with sympathy a little bit toward the tunnel vision that there is no hope, vania, who has been a leader on the Jordan. She is in a wheelchair, and it is if you can begin to chip at that tunnel, mental health front. But I do want to sort of natural. When you see some- then the light will come in, and they say a couple of things on this issue. body with a handicap or something will see that others care. To me, that is Mental health is a really, really im- that is not normal, Mr. Speaker, they the greatest call of our humanity, is to portant issue to me as it is to so many react with sympathy. show love for others. folks in this body and around the coun- But my question is: What is the dif- For one to take their own life be- try. ference in someone who has a visible cause they believe they are unloved is I often talk about my mom. She was need, if you would, and the reaction a situation that we all need to fight a single parent with an 11th grade edu- that we get when someone says, My against, and I am thankful to have the cation who struggled with mental ill- mind is hurting? opportunity to highlight that tonight. ness. Her whole adult life, she was in Sympathy doesn’t come many times Ms. SINEMA. I thank Congressman and out of institutions. This is per- then. We believe you can just shake it COLLINS so much. sonal for me. off and move on. Mr. Speaker, how much time do I My wife Terry and I, we have two Mental health is an issue that is not have left remaining? Marine children. My stepson, Terry’s just shake off and move on. It is some- The SPEAKER pro tempore (Mr. son, and his wife are Active Duty at Camp Pendleton. They have a couple of thing that, if someone comes to us and CARTER of Georgia). The gentlewoman says, I am struggling, I am depressed, from Arizona has 10 minutes remain- little kids. We do what we can to help them on that front. or I have these problems, that we reach ing. We had a recent suicide in Iowa City out in loving kindness, just as we Ms. SINEMA. Mr. Speaker, I need to at the VA Medical Center, and we are would to a sweet young lady who hap- tell a story about another young man struggling with how to deal with that pens to roll in life and not walk, my in my district, Carl McLaughlin, a 38- as a community and I think as a coun- daughter. year-old Army veteran who died from try overall. The Office of the Inspector When we reach out in love, when we suicide on December 19, 2013. Carl had General is now looking into the cir- reach out in compassion, we begin to been stationed in Bosnia, and he was cumstances of that suicide. break the darkness of those who are released from the Army on a medical On Sunday, on 9/11, we had an event contemplating suicide. discharge in 2004. that I was honored to attend in honor In studies of those who have thought Starting in 2006, Carl went to the of Sergeant Ketchum and his family in about suicide or attempted suicide, Phoenix VA for treatment. But as time an attempt to raise money so that we their question to them was: What was went on, it became increasingly dif- can deal with the issue of PTSD in the it like the moment that you were ficult for Carl to see his doctor. And military. But it is a much broader thinking about this or when you were according to his mom, Terry, at the issue, obviously—the issue of mental struggling with it? time of his death, Carl was waiting to health—that affects all of our society I have heard so many people share hear back from the Phoenix VA to have in many, many ways; and Congressman their own personal feelings, but one his medications adjusted and to see his MURPHY can speak to that probably as person stuck out to me. They said that doctor. He suffered from recurring pain well as anybody in this body. they felt like they were sort of in caused by a shoulder injury, severe But the bottom line for me, folks— blinders on all sides and all they saw hearing loss, depression, and PTSD; and I have often said this—is that if I was, like, a billboard that said: You and his depression worsened over time. accomplish little else while I am in have no hope. Terry, Carl’s mom, told us, and I this body other than doing what I can That is all they saw. quote: to remove the stigma of mental health, It is our job as human beings—not The last time I saw Carl was a few that is going to be one of my accom- partisan, not Republican, Democrat, days before his death. He looked really plishments. I am going to do that by politician, nonpolitician—it is our job depressed, and I asked him if he had a talking about my personal story. I am as human beings to look at each other doctor’s appointment scheduled be- going to do that by talking about vet- as we say and believe that every life is cause I knew he had been waiting over erans who have taken their own lives, a gift from God. And if every life, I be- 4 weeks for a call back from the doc- folks who signed on the bottom line lieve, is a gift from God, then every life tor’s office. and were willing to make that ultimate has value. And no matter what the sit- He said, No, he was still waiting. sacrifice. There is no excuse for this. uation may be, we are to respond in He called them the next day six This should not happen in America. love. times and left three messages and was We have to find the resources on a bi- So tonight I thank the gentlewoman put on hold, and then hung up on three partisan basis to make sure that this for taking this time, just a moment, as times. never happens again to any of our vet- we share. There are a lot of bills, a lot This problem had been going on for erans under any circumstances. of solutions, a lot of things that we at least 1 to 2 years, that I was aware Mr. Speaker, I thank the gentle- could come to. But I think the greatest of. woman for yielding. I really appreciate thing that we can have in a time when Mr. Speaker, no veteran should be the opportunity to say a few words. Ms. SINEMA. Mr. Speaker, I thank we think about suicide, we think about turned away when he or she reaches our veterans, we think about those in the Congressman so much. out for help. I yield to the gentleman from Penn- our lives who may be struggling with Terry asked us to share her son’s sylvania (Mr. MURPHY) who is a psy- mental health and other problems, is story in the hope that this tragedy chologist, serves the Navy, and helps to simply look for those what I call the doesn’t happen to another family. And veterans at Walter Reed and other lo- unexpected times when you are ready I pledge to Terry and to Howard and cations. to go do something and something Jean that we will continue working to Congressman MURPHY, we have been interrupts you, what I call sometimes hold the VA accountable and ensure talking about your bill this evening, maybe the divine interruption. Those that all veterans have access to the the Helping Families in Mental Health times when somebody that you haven’t highest quality care. Crisis Act, of which we are all strongly thought about in a while comes to your I yield to the gentleman from Iowa supportive. As a cosponsor, I thank you mind, that time when a coworker or a (Mr. LOEBSACK). for that work, and thank you for join- friend comes to you and says: You I thank the Congressman for being ing us this evening. know, I am not feeling right. Instead of here. Mr. MURPHY of Pennsylvania. Mr. rushing through our day and going to Mr. LOEBSACK. I thank my friend Speaker, how much time is left? the next meeting and going to the next from Arizona. The SPEAKER pro tempore. The gen- place, Mr. Speaker, maybe we just need Mr. Speaker, I wasn’t going to speak tlewoman from Arizona has 5 minutes to stop and say: How about a cup of tonight; but after listening to so many remaining. coffee? How about a glass of water? folks, I decided to say just a few words. Mr. MURPHY of Pennsylvania. Mr. How about I just sit here and let’s talk I do want to leave most of the time left Speaker, I thank the gentlewoman for about it? Because when we can break for my friend, Mr. MURPHY of Pennsyl- her Special Order tonight.

VerDate Sep 11 2014 03:21 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.124 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5424 CONGRESSIONAL RECORD — HOUSE September 13, 2016 The Helping Families in Mental out of this when they come to grips What is most troubling is that almost half of Health Crisis bill is something the with that, whether it is a sense of faith the veterans with PTSD do not seek treatment House passed 422–2, and I sure hope the in God that has brought them to that from the VA. Senate takes it up. I keep hearing they level or just finally realizing that they It is no surprise that 70 percent of veterans may think they don’t have time. But I have a choice between being a victim who commit suicide are not regular users of don’t know how we tell a family that forever and always lying under the VA services. It is our obligation to ensure that has lost someone to suicide—whether it giant boulder of remorse and depres- we engage our veterans and let them know be a civilian or a soldier—that the Sen- sion or becoming a survivor and mov- there is help available. ate didn’t have time and they went ing forward and being strong despite It is also incumbent on us to ensure this home. what happened to them. Or a third care is responsive to their individual needs. Since September 1, the first day of choice is to become a thriver, saying, I Last year, we passed the Clay Hunt Suicide National Suicide Prevention Month, so will take my adversity and turn it into Prevention Act in honor of Marine Clay Hunt, far this month, 1,416 Americans have a source of strength instead of turning a sufferer of PTSD who had trouble seeing a died by suicide, including 240 veterans. away from it and letting it be a source VA psychiatrist and tragically, took his own That is 118 people a day, 22 veterans a of depression. life. day. That also means that every 12 This law is designed to save the lives of b 2015 minutes, a person dies by suicide; one those like Clay by improving access to quality veteran every hour. That also means Mr. Speaker, my colleagues have spo- mental health care and coordinating VA sui- that every hour, a new family is griev- ken eloquently tonight about what we cide prevention efforts with private mental ing, or every 13 minutes, a new family can do. It doesn’t have to be that bad. health organizations. is grieving on something we hope we So where there is a family member In the spirit of that law, I was happy to learn could have prevented. And certainly dealing with someone’s depression and of the efforts of the VA Medical Center in H.R. 2646 will have many things in worry and anxiety or whatever the Loma Linda, California, which serves thou- there to prevent many deaths. issue is, I would like to convey to them sands of veterans from my congressional dis- I want to read a story about one vet- there are places they can get help. trict. eran to convey the struggle he had. Our job as Congressmen—and our lev- They are rolling out a pilot program that will This is Sergeant Daniel Somers who els of State government, too—is to integrate with community mental health pro- bravely served under Operation Iraqi make sure those sources are well fund- viders in an attempt to reach the more than Freedom. When he returned home, he ed, to make sure we have more psychi- 170,000 veterans not registered with the Loma had PTSD pretty significantly and de- atrists, more psychologists, more psy- Linda VA. pression and traumatic brain injury. chiatric social workers, more hospital Their example is encouraging, but funding is He was 30 years old. beds, and more veterans affairs depart- needed to make certain that no veteran is left His parents gave me permission to ments that can treat them. behind. share his letter where he said: Perhaps the best message we can give In that same vein, Congress must fulfill our ‘‘I am sorry that it has come to this. people tonight is: where there is help, obligation to VA services such as the Veterans ‘‘The fact is, for as long as I can re- there is hope. Crisis Line. member, my motivation for getting up I hope the Senate passes this bill be- The Crisis Line has serviced some 2.3 mil- every day has been so that you would fore this week is out. lion people and is credited with saving more not have to bury me. As things have Ms. SINEMA. Mr. Speaker, I thank than 50,000 lives. However, it has struggled to continued to get worse, it has become my colleagues who joined us this keep pace with increasing demand. clear that this alone is not a sufficient evening. Our thoughts are with all the It was disheartening to hear that there are reason to carry on. The fact is, I am families who have lost a loved one to individuals who have called the Crisis Line not getting better, I am not going to suicide. only to be placed on hold, or have their calls Our efforts to end veterans suicide get better, and I will most certainly de- transferred to voicemail, or simply unan- will not end this month. We are com- teriorate further as time goes on. From swered. mitted to continuing this fight to en- a logical standpoint, it is better to sim- We must provide the VA with the tools to sure that our veterans always know ply end things quickly and let any re- adequately staff the call center and train their they have a place to turn. percussions from that play out in the employees. Too much is at stake for Congress We, who enjoy freedom every day short term than to drag things out into to shortchange this commitment. thanks to the sacrifices of our military the long term. . . . My body has be- Mr. Speaker, everyone in this chamber hon- servicemen and servicewomen, must all come nothing but a cage, a source of ors and respects the sacrifices of the world’s step up to end the epidemic of veterans pain and constant problems. . . . It is greatest fighting force. Our servicemen and suicide. nothing short of torture. My mind is a I yield back the balance of my time. women defend our freedoms and protect our wasteland, filled with visions of incred- Mrs. TORRES. Mr. Speaker, our Armed homeland at great personal cost. ible horror, unceasing depression, and Forces sacrifice everything for us: their bodies, When they return home, they deserve a na- crippling anxiety.’’ their minds and sometimes, their lives. tion that will look after them the way they look Daniel couldn’t get help, so he lost To those who return, they far too often suf- after us. I ask that my colleagues hold stead- hope. It doesn’t have to be that way. fer in silence from the mental and physical fast in reaffirming our commitment to our vet- Whether you are a citizen or a family wounds they endure in battle. Many times, erans. member or a soldier listening tonight, that isolation leads to tragic outcomes. Ms. WASSERMAN SCHULTZ. Mr. Speaker, Mr. Speaker, I want them to know As we commemorate Suicide Prevention I rise today to commemorate Suicide Preven- there is hope that depression is some- Month, it is important that we focus on solving tion Month and to honor those of our veterans thing we can treat, that anxiety is the challenges that lead many of our veterans who tragically took their own lives after bravely something we can treat, that people to make the choice to take their own lives. fighting to protect ours. can and do get better. The numbers are staggering: 7400 veterans These courageous men and women fought Now, I, myself, have never seen the took their own lives in 2014, roughly 20 indi- valiantly so the rest of us could enjoy the free- horrors of war through the scope of a viduals a day. doms and liberties secured by our forefathers. combat rifle. I have had the oppor- The suicide rate among veterans has We must honor their dedication and sacrifice tunity to treat heroes at Walter Reed surged 35 percent since the beginning of the by supporting them through the physical, emo- at the PTSD/TBI unit. They are a War on Terror, and 85 percent among our tional, and psychological challenges they face source of inspiration to me, particu- women veterans. upon returning home. larly when I see them get better, when A veteran is 21 percent more likely to com- One veteran committing suicide is one too they come to grips with the horrors mit suicide than a civilian. many, and with an estimated twenty veterans they have faced and somehow their Mr. Speaker, we know the effects of PTSD committing suicide each day, we must do bet- heart turns to understand it is not on our servicemen and women; how almost ter and ensure that our actions mirror the un- their fault. They are not to blame. Life one-fifth of veterans suffer from PTSD and wavering gratitude we feel in our hearts. We is sometimes torturous, but there are how the illness is linked to increased suicidal must ensure they are welcomed home with tremendous positives that can come behavior. the respect, dignity and support they deserve,

VerDate Sep 11 2014 03:21 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00084 Fmt 4634 Sfmt 9920 E:\CR\FM\K13SE7.125 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5425 and that we address the mental health issues It is anonymous and confidential. It is staffed swer the difficult questions that could, of each veterans population with careful con- by trained professionals who will ‘‘work with frankly, mean the life or death for that sideration to their unique needs. you to reduce the immediate risk, help you get patient, knowing how to take their It is with a heavy heart that I recognize Sui- through the crisis, make sure you are safe, medication, knowing what to get and cide Prevention Month and urge every Mem- and help you to connect with the right serv- how to be there and be a part of the ber of Congress to honor our veterans with ices.’’ community, not just at the pharmacy, actions that reflect our nation’s eternal grati- We have an obligation to repay the debt we but at the ball fields and the commu- tude for their service. owe to those who have fought in defense of nity. Some of the best small business Mr. SMITH of New Jersey. Mr. Speaker, I our nation and a sacred duty to ensure that employees that we have in our commu- rise today to mark Suicide Prevention Month we do everything in our power to get our vets nities are found in our community and to join with my colleagues in helping to the physical and psychological support they pharmacies. raise awareness of—and combat—the stag- need. When we look at the relationship gering rate of suicide among our veteran pop- This year’s Suicide Prevention Month theme that communities have with their ulation. is ‘Be There.’ During the darkest hours in our pharmacies, and especially our commu- The men and women of our military make history, the men and women who serve in uni- nity pharmacists, the face-to-face tremendous, selfless sacrifices on behalf of form have always been there to answer the counseling and the work that goes into each and every American. As a result, many call. We can and must do better to be there our community pharmacies, and phar- veterans return from service with physical and/ for them. macists mainly in general, is some- or invisible wounds and a disturbingly high f thing that we need to continue to focus number are taking their own lives. on. COMMUNITY PHARMACISTS In July, the VA released the most com- Patients’ failure to properly take prehensive study analyzing suicide among our The SPEAKER pro tempore. Under their medication regimen costs the veteran population to date, reviewing 55 mil- the Speaker’s announced policy of Jan- healthcare system nearly $300 billion lion veterans’ records since 1979. It showed uary 6, 2015, the gentleman from Geor- and contributes to 125,000 deaths each that every day an estimated 20 veterans com- gia (Mr. COLLINS) is recognized for 60 year. The face-to-face counseling that mit suicide. This number is tragic beyond minutes as the designee of the major- our community pharmacists give is the words, unacceptable and numbing. ity leader. most important and the most effective Mr. Speaker, we are in the midst of what GENERAL LEAVE way for ensuring that our patients take can only be described as a staggering mental Mr. COLLINS of Georgia. Mr. Speak- the right medicine, know what they health crisis costing the lives of 20 of our na- er, before I begin, I ask unanimous con- are taking, and why they take it. tion’s heroes every day. Too many veterans sent that all Members have 5 legisla- Yet, as I stated before and state here are being left behind and too many families tive days to revise and extend their re- again on the floor tonight, there is a are left with the pain and anguish of losing a marks and to include any extraneous group that believes that our commu- loved one. Often times, family members wit- material on the topic of this Special nity pharmacists—really frankly if you ness the veteran struggling but the VA refuses Order. just look at it—shouldn’t exist. Be- to take their observations into account. The SPEAKER pro tempore. Is there cause everything they are doing, the As the son of a WW2 combat veteran, I objection to the request of the gen- pharmacy benefit manager, the PBM, have witnessed the residual wounds of war, tleman from Georgia? that middle person—I want to show the struggle to cope with the post-traumatic There was no objection. you this. We are going to talk about stress that can continue for decades and the Mr. COLLINS of Georgia. Mr. Speak- this chart more here as we go—but the pain that a lack of access to services can er, well, we are back at it tonight. We PBMs control the pharmacy system cause for veterans and their families. are going to be going at a subject that right now. In fact, if you just take the This Congress, we have passed legislation I have been down here before on and PPM here in the middle and you look to give the VA additional tools and give vet- will continue to come down here on at employers and you look at patients erans key support, including the Clay Hunt until, frankly, I believe that we are and you look at the pharmaceutical Suicide Prevention for American Veterans Act moving forward with this issue that af- companies and you look at the phar- (P.L. 114–2), which targeted the gaps in the fects pretty much every hometown of macies, they sort of circle around here. VA’s mental health and suicide prevention ef- every Congressman here. It is amazing, We are going to talk about this ‘‘sav- forts; and the Female Veteran Suicide Preven- though, how much we don’t know ings issue’’ and look at it and ask: Is it tion Act (P.L. 114–188), which is intended to about it. It is amazing how much it actually saving employers? Is it actu- prod the VA to take into account the complex goes unreported and how much it gets ally helping pharmaceutical companies causes and factors that are driving the dis- looked over. get out products? More importantly, is proportionately high suicide rate among In the sake of the shiny object of sav- it actually helping the patient? women veterans and use that information ings, our community pharmacists, our I think tonight you are going to find when designing suicide prevention programs. independent pharmacists, are being ba- out that there are a lot of questions to The Comprehensive Addiction and Recov- sically run out of business. Mr. Speak- be had here. We will talk about that as ery Act (P.L. 114–198) included provisions to er, I don’t tell you anything new. we go forward. direct the VA to take several actions to ex- For my friends who will join me here As we look at this, we have a lot of pand opioid safety initiatives that help prevent tonight, this is about hometown Amer- things that my friends tonight are here veterans from becoming opioid abusers. As a ica. This is about the healthcare chain to talk about. We are going to talk recent Frontline investigation entitled ‘‘Chasing that we all talk about. And a forgotten about MAC transparency. We are going Heroin’’ summarized: ‘‘Veterans face a double- element of that healthcare chain is to talk about generics. We are going to edged threat: Untreated chronic pain can in- something that we need to focus on. talk about the way this goes, but we crease the risk of suicide, but poorly managed Community pharmacists fill an im- are also going to talk about really opioid regimens can also be fatal.’’ portant niche in our healthcare sys- what I believe is the unfair tactics used The VA must do better: they cannot simply tem, serving as the primary healthcare by PBMs that are constantly forcing dole out drugs, as we saw in Tomah. It is a provider for over 62 million Americans. our pharmacies and our community dereliction of duty for VA medical staff They dispense roughly 40 percent of the pharmacists out of business. charged with the sacred task of caring for our prescriptions nationwide and a higher I think, at some point in time, many nation’s veterans and this law will help ensure percentage in rural areas, especially of the PBMs ought to change their mis- proper management and controls are in place mine in northeast Georgia. sion in life into ‘‘saving’’ or being a when the VA treats a veteran’s chronic pain. Community pharmacists play such part of the pharmaceutical system and The VA does have a number of suicide pre- an important role in our healthcare say: our job is to run community phar- vention programs that can be a resource for system by being that accessible voice macists out of a job. They are the best veterans, servicemembers, their families and at the other end of the phone or at the I have ever seen at doing that. loved ones, including and especially the Vet- counter, just being there sometimes to In one of my small towns just 20 min- erans Crisis Hotline. Any veteran in danger of answer those simple questions that are utes from my house, in the past year, self-harm or suicide can call, 24 hours a day. very important to somebody, or to an- three community pharmacies have

VerDate Sep 11 2014 03:21 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\A13SE7.049 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5426 CONGRESSIONAL RECORD — HOUSE September 13, 2016 closed. Three. They are now in a small- (Mr. COLLINS) for inviting me to join pharmacies. However, pharmacists are er town being forced into choices they him in leading this Special Order. I reimbursed for generic drugs through didn’t want to have to make, into have been in this job long enough to maximum allowable cost, or MAC, a PBM-controlled pharmacies. know there are people you don’t want price list that outlines the upper limit You see, PBMs, when they first start- to follow when you speak, and DOUG or the maximum amount that an insur- ed, had a good idea: How do we make COLLINS is one of those. The guy is ab- ance plan will pay for a generic drug. sure that we get drugs and medications solutely inspired, but he is inspired for And these lists are created, as was to pharmacies at a cheaper price so a lot of reasons. mentioned, by none other than the that the patients at the end save He has been a strong leader on phar- pharmacy benefit managers, or PBMs, money and employers can save money? macy issues. He has been a great part- the drug middlemen, if you will. Then PBMs decided that they wanted ner on the bills that we will discuss The methodology used to create to be a part of all the system. They this evening. I am proud to say this is these lists is not disclosed. Further, wanted to start owning pharmacies. a bipartisan issue. Although, at the these lists are not updated on a regular They wanted to start owning the sup- moment, I am the only Democrat over basis, resulting in pharmacists being ply chain. They wanted to start being a here, I can assure you there are others reimbursed below what it costs them part of it all. And when they did that who are with us on this issue. actually to acquire the drugs. This is a then everybody else was competition. Mr. COLLINS of Georgia. Well, bring major problem because, when PBMs I have said it before from here: The them on. aren’t keeping the cost of generic drugs problems that we have—and Georgia I yield to the gentleman from Iowa. consistent, those price differentials can pharmacists have talked about it, and Mr. LOEBSACK. Mr. Speaker, we be a serious financial burden for phar- we have talked about it as well—is have been able to find a consensus on macies. when you have your competitors who this, too, among this bipartisan group Small pharmacy owners face even are able to come in and audit you and of folks. greater disadvantages than their larger they are able to fine you for clerical er- As my good friend said: Pharmacists counterparts because of the clear lack rors and keep you out of systems and across the country serve as the first of leverage they have when negotiating out of payments and things that they line, really, of healthcare services for the amount they will be reimbursed for give their own pharmacies, that is just many patients, especially in small filling prescriptions when dealing with wrong. It is wrong when they only towns in Iowa and around the country. the PBMs. come in and audit the name brands and People count on pharmacists’ training When we talk about pharmacies clos- leave the generics behind. and expertise to stay healthy and in- ing because they can’t keep up with For some of you, if you are watching, formed and maybe, most importantly, the financial challenge, we are talking if you are thinking about it and hear- to stay out of urgent care centers and about the creation of an access prob- ing my voice for the first time, you are hospitals, something we all want to see lem also that directly affects patients. maybe saying: Well, that is okay. They happen. It is not just the pharmacies them- are making sure systems are safe. I am proud to stand here today with selves closing down and those folks los- PBMs are not auditing pharmacies to my colleagues to recognize the quality, ing their jobs. It is the patients they make sure they are safe. They are au- affordable, and personal care that phar- serve. diting pharmacies to make money be- macists provide every day. When we talk about reimbursement cause they are going to withhold the Community pharmacists and their uncertainty for pharmacies, we are cost of the drug from the pharmacist. pharmacies are also a great source of talking about uncertainty about pa- In other words, if they make a clerical economic growth in rural communities, tients’ ability to get the medications error and the drug costs $100, let’s just like those in my district in Iowa. I they need at an affordable price. say, they don’t take their profit. They have 24 counties. It is a big area. And When we talked about a community don’t take the margin. They take the when a pharmacy is under pressure pharmacist being put out of work, we entire $100 back. I wish I had a racket economically, the community knows it are talking about taking away a famil- set up that good. and hears about it. And if they have to iar face that local folks trust with The sad part about that whole state- close, the community suffers as a re- their healthcare concerns. ment there is, at the end of the day, sult. To address this problem—and Rep- Joe or Suzy or Bob or Bill or whoever As a member of the Small Business resentative COLLINS is going to talk came and got their prescription knew Caucus, I recognize how challenging it about this, and others are—I partnered nothing about this ‘‘error.’’ All they can be for some small pharmacists to with him to introduce H.R. 244, the knew is the pharmacist filled the pre- compete with bigger companies. I ap- MAC Transparency Act. We have had scription that the doctor had ordered, preciate their hard work to serve our actions along this line in the State of and they went home and took their communities every day. Iowa as well. We can do it at the Fed- medicine and got better. Like most small-business owners, eral level if we can do it at the State Yet, on this other end, PBMs are try- community pharmacists face many level. ing to destroy an industry and a group challenges to compete and negotiate on This bipartisan bill would ensure of people who mean so much to our a day-to-day basis with large entities Federal health plan reimbursements to communities. So tonight we are going in their business transactions. I fre- pharmacies to keep pace with generic to talk about it. We are going to talk quently visit with community phar- drug prices, which can skyrocket over- about it some more, and we are going macists in my district, and I have night. to keep bringing attention to this until heard directly from them how hard So specifically—and I know Mr. COL- the light is fully shined on this. they have to fight to compete on a LINS is going to talk about this—it will Tonight, as we get ready to talk level playing field that isn’t always do three things. It will provide pricing about it, a gentleman who has been level for smaller pharmacies. So it is updates at least once every 7 days. It such a friend to us as we have been not really a level playing field. will force disclosure of the sources used doing these, Representative LOEBSACK, One pressing challenge facing many to update the maximum allowable cost, is here tonight. It is good to share the community pharmacists, as was al- or MAC, prices. Again, it is about stage again with him because this is ready mentioned, is the ambiguity and transparency. It will require PBMs to something that needs to be discussed. the uncertainty surrounding the reim- notify pharmacies of any changes in in- It needs to be hammered home until bursement of generic drugs. Of all dividual drug prices before these prices every Member of the House and Senate things, it is the reimbursement of ge- can be used as the basis for reimburse- understand this and we find a workable neric drugs. ment. solution. Generic prescription drugs account This is a commonsense bill, folks. It I yield to the gentleman from Iowa for the vast majority of drugs dis- is about access. It is about making sure (Mr. LOEBSACK). pensed by pharmacists, making trans- folks have access to their pharma- Mr. LOEBSACK. Mr. Speaker, I parency in reimbursement absolutely ceuticals, to their drugs, and generic thank the gentleman from Georgia critical to the financial health of small drugs in particular.

VerDate Sep 11 2014 03:21 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.127 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5427 Another issue I would like to high- TRICARE program, it would save those same type of hundredfold in- light is the problem of direct and indi- roughly $1.3 billion per year. We are up creases in the price of drugs. I can tell rect remuneration, or DIR fees. The here arguing about problems in our you that the hardworking taxpayers of Centers for Medicare and Medicaid budget, and we could save this much this country, in the end, pay that bill. Services, CMS, originally coined DIR money? One of the best things that we can do fees as a means of assessing the impact No, this is about profits. This is for you is make sure that we are trying on Medicare part D medication costs of about consolidation. This is about to shed light on and bring transparency drug rebates and other price adjust- vertical integration. This is about tak- to this system and to make sure that ments applied to prescription drug ing control of a market in which three we are keeping that small-business plans. to four companies control 83 percent of owner in business so that we are able However, DIR fees have increased the market. We are not talking about a to get the information that we need to greatly over the last year on phar- small little startup. Mr. LOEBSACK is do a better job for you from them. That macies, and, if the pharmacy agrees to right on, dead-on. I thank him so much is where our Nation’s community phar- enter into a contract with a PBM or for the work that he is doing, and I ap- macists come in. part D plan sponsor, it does not seem preciate it. I know for me, I walk into my local fair that these mediators can reduce In light of that, especially dealing pharmacist, and they can tell me right the reimbursement rate since the con- with TRICARE, again, the bottom-line offhand what the most egregious price tract has already been agreed to. issue here is how we cost-effectively increases were of the past week, and provide services to those members in they are happening every single week, b 2030 our communities who need it the most. ladies and gentlemen. These inde- This gets a little bit complicated. I And this issue of savings, I know there pendent businesses operate in under- know other Members are going to be is a Texas study that also showed if served rural areas, like many of the talking about this later on as well. they went away, they would save counties that I represent in Georgia’s There is just basically no transparency money as well, in the millions of dol- Eighth District. regarding how the fees are calculated. lars. It is building, but we have just got Access to care is already an issue in There is another bill that I have to keep pointing it out. these areas, and it would certainly be signed on to. I applaud my colleagues, I yield to the gentleman from Geor- much worse if our community phar- Representative MORGAN GRIFFITH, a gia (Mr. AUSTIN SCOTT), my friend, my macies didn’t exist. In these areas, doc- Republican, and PETER WELCH, a Demo- longtime colleague not only in the tors are many miles away. Local phar- crat, for introducing the Improving House in Georgia, but the House up macists deliver the flu shots. They give Transparency and Accuracy in Medi- here, and fighting for the very values advice on everything from over-the- care Part D Spending Act. It would we find in Georgia and all across the counter drugs to drug interdictions, prohibit PBMs and plan sponsors who country. and if you have got a sick child, most own PBMs from retroactively reducing Mr. AUSTIN SCOTT of Georgia. of them will meet you at the store reimbursement on clean claims sub- Madam Speaker, I want to thank Mr. after hours to help your child get the mitted by pharmacies after the con- COLLINS and I want to thank my col- medication that they need. Try that tract has been submitted. This is a league from Iowa. This is a bipartisan with somebody who is not a small-busi- scam, and it shouldn’t be happening. I issue. ness owner. urge everyone, leadership, to bring this Before I speak on behalf of the com- It is crucial that these pharmacies to us and everyone to vote for this bill munity pharmacists, I want to just have a level playing field to stay in and for our other bill. take a second and speak on behalf of business against large-scale competi- I want to thank, again, Mr. COLLINS the taxpayers, the hardworking men tors and the middlemen, if you will, and the other Members who have been and women in this country. the pharmacy benefit managers, when here tonight. It is a great opportunity Free markets are transparent mar- trying to run a successful business in for me to participate and highlight kets, and if we had transparency in the such a challenging and complex envi- some problems that our community system, we probably wouldn’t be here ronment as the U.S. healthcare system. pharmacists are facing and then, ulti- today because the American public Where I am from, these local phar- mately, their patients, the folks they wouldn’t stand for what is going on. macists are fixtures in their commu- serve as well. Those are the folks we Unfortunately, we haven’t seen any nities. They have known their cus- are trying to look out for as best we news reports or any reporting to in- tomers most of their lives, and it in- can and trying to serve while we are form the public of all of the things that stills a level of trust in those patients here in this Congress. I thank Mr. COL- have happened over the last couple of that is rarely seen in today’s day and LINS very much. years, but we saw it on the EpiPen just time. Mr. COLLINS of Georgia. Madam a couple of weeks ago. You saw what I have made some stops at these local Speaker, Mr. LOEBSACK hit it. That last happens when the press reports, the community pharmacies: some to get little part right there was dead-on. public finds out what is going on: pres- my own prescriptions filled, some to This is about the patient. This is about sure is put on, and then a response see how things are going with the serving that patient who is used to comes—maybe not the response that small-business owners, some to see how that trust and faith, who understands would have been what we would call eq- other things are going in the commu- it, and also really a part of that uitable for the patients that need the nity. I never fail to appreciate the healthcare system that has been pro- treatment, but at least a response unique value that the men and women vided a long time that is now at risk of came. that work in these local pharmacies going away. It is not just EpiPens, though. It is add to their customers’ lives and to our It is not too strong to say that if we not just multihundred-dollar drugs and communities. do not look at this—and some say, multithousand-dollar drugs. When we Unfortunately, on these visits, I am well, this is a free market, let them go talk about drugs as simple as nitro- also troubled because I continue to contract. Government is one of the big- glycerin tablets, again, you, as the tax- learn, as I have mentioned before, just gest payers of this, and this is some- payer, are the largest purchaser of this how much more difficult it is becoming thing we have got to get at. through the government. Nitroglycerin for those men and women to serve the In fact, something Mr. LOEBSACK tablets have gone from 5 cents apiece people who have depended on them for brought up as I was listening to him to $5 apiece. Doxycycline tablets, an years and to compete with some of the talk, there was a study, TRICARE, in antibiotic that has been on the market larger entities in the healthcare mar- fact. In just a moment, I am going to for many, many years—again, another ketplace. introduce Mr. SCOTT here. He is from generic drug. It has gone from pennies Imagine a situation where your com- Georgia. He is on the Committee on apiece to dollars apiece. petitor’s company gets to come in and Armed Services. He is a friend. But I know my colleague, BUDDY CARTER, audit your books. That is exactly what TRICARE did a study where it found could probably name more drugs for happens. That is exactly what happens that, if it eliminated PBMs from the you than I can where we have seen when one of the big-box retailers who

VerDate Sep 11 2014 03:41 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.128 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5428 CONGRESSIONAL RECORD — HOUSE September 13, 2016 owns a PBM goes in and audits the LINS for hosting this Special Order derstand swerving to a generic over a local community pharmacy. today. name brand or a name brand over a ge- Take, for example, one of the other Mr. COLLINS of Georgia. Madam neric. That is within sort of what we problems that we have: the increased Speaker, I thank Congressman SCOTT. have become used to. But when they prevalence of preferred networks in He has highlighted a lot of things, and can actually go in and ding one of our Medicare part D plans. Currently, I think it is something that just mat- pharmacists for amounts that the doc- many Medicare beneficiaries are effec- ters. Sometimes we go through a lot of tor said, we have got a system that is tively told by pharmacy benefit man- the big pictures up here, and we see a a little bit abusive. Well, let me re- agers, or PBMs, which pharmacy to use lot of issues, but this is one that mat- phrase that. It is downright corrupt. based on exclusionary agreements be- ters to hometown. This is Main Street They go in and they do these audits. tween those PBMs and, for the most USA. This is something that goes on. They find these clerical errors. And part, big-box pharmacies. Especially for districts like mine and when they do this, they take back, Most people don’t recognize that the for many others in rural communities, they recoup, all the funding paid for big-box owns the PBM. Patients pay the pharmacy, especially the inde- that prescription. Like I said earlier, for this. They pay for this in lower cus- pendent community pharmacies, are they don’t take back just the profit. tomer service and higher copays. When the lifeblood in these communities They don’t take back the cost. They their pharmacy of choice is excluded I have said this before, and I have take back everything. from the preferred network, it creates had this asked of me because we have These audits are not intended to end undue stress on the patients and forces been doing this a while. Let’s make it Medicare fraud. The PBMs use them to them to do business where they may very clear. Pharmacists, I love. I don’t take taxpayer funds and claim them as not want to do business. The majority care who they work for. Pharmacists profits. If a pharmacist checked the of the time, your local pharmacy is are great folks, whether they work in a box that said send by fax instead of never given the opportunity to partici- big-box store or they work for a major send by email, the PBM is able to re- pate in the network. That is an unfair chain or they are independent and own claim the entire cost of the drug. They business practice. their own business. Pharmacists want don’t just take back the copay or the Another issue I often hear about to help people. That is why they went pharmacist’s profit. from community pharmacies is the into it to start with. Again, I just want you to understand burdensome DIR fees. We as Ameri- I think what we are fighting here is a how crazy this is. But, you see, instead cans, we pretty much assume that system. I have talked to many phar- of looking and having their time and when you go in and you buy something macy students who are now saying effort of audits that could be better and you leave with what you pay for they are not sure they want to go into spent helping local pharmacists do that the transaction is over. But with this or they are very concerned about what they do best, they are having to medicine at your local pharmacy, it is their futures because they are looking look over this all the time, focusing on a lot different. That transaction is any- at the abusive policies of PBMs, and improved quality for their patients. thing but clear and simple for the phar- they are saying: I don’t want to follow b 2045 macist. in my mom or dad’s footsteps; I don’t The PBMs, frankly, have shown over Pharmacy benefit managers use so- want to follow and open up a storefront the last little bit that they are not in- called DIR fees to claw back money and hire people because I can’t make it terested in the well-being of the pa- from pharmacies on individual claims this way. And they end up being forced tient. They are interested in that other long after the claim has been resolved. in. P word, profit, not patient. It can be a typographical error and the I want to talk a little bit—we have It is really concerning, and this is pharmacy benefit manager will call been vague about this, but I am not what has happened. In the interest of back 100 percent of what was paid to going to be vague here for the next lit- that profit, the PBMs have engaged in the pharmacist. That means the phar- tle bit. I am going to talk about PBMs anticompetitive business practices. macy doesn’t know the final reim- and this regular auditing of commu- Certain PBMs own or have ownership bursement amount they will receive for nity pharmacists to recruit large reim- stakes in the very pharmacies they are a claim for weeks or even months; and bursements. Let me go back over this. negotiating to lower drug prices with. even more so, they are not even reim- There is nothing wrong with audits When a PBM is owned by the entity it bursed for the wholesale cost of the performed with the intention of uncov- is supposed to be bargaining with, drugs that they dispense. In 2014, CMS ering abuse; however, PBMs’ auditing there is an inherent conflict of inter- issued proposed guidance that would has another motivation. Pharmacists est. This can lead to fraud, deception, provide some relief to our pharmacies have told me that the most expensive anticompetitive conduct, and higher struggling to deal with the increasing prescriptions are always the target prices. and opaque DIR fees imposed on them. during the audit—always. Here is a great one. I love this. Many As I said, anyone who runs a business PBMs used to audit only the most ex- large PBMs own their own mail order knows you can’t operate when you pensive medications looking for cler- pharmacy and financially penalize pa- don’t know what your costs are or ical errors like typos, misspelled tients that use their community phar- what your reimbursements are. That is names or addresses, or, better yet, as I macist instead of the PBM-owned one. why I have led over 30 of my colleagues just heard recently from one of my PBMs try to drive customers from in sending two separate letters to the pharmacists, in which they dinged one community pharmacies into the mail Centers for Medicare and Medicaid of my pharmacists because the doctor order firms, arguing it saves consumers Services urging them to move forward wrote a specific amount for an eye and drug plans money. and finalize proposed guidance on this medication—the doctor. Let’s make However, a study by the Taxpayers issue. Unfortunately, they have yet to this very clear now. I know Represent- Protection Alliance highlighted waste, move on that guidance. ative CARTER is probably going to get fraud, and abuse within the mail order I and, I know, many of my col- into this a little bit more, but the doc- system run by the PBMs. The TPA leagues, in a bipartisan manner, are tor himself wrote the prescription. The study noted that 90 percent of patients going to continue to advocate for CMS prescription goes to the pharmacist. were moved to mail order due to en- to use their authority to ensure a level The pharmacist filled the prescription couragement or mandate from a PBM. playing field for all Medicare part D as the doctor said. But when the PBM According to Medicare data, PBM- participants. When competition is sti- auditor got there, they said: No, you owned pharmacies may charge as much fled and our small businesses suffer, so are not supposed to use that amount. as 83 percent more to fill prescriptions do the customers of our local commu- Use this amount. than community pharmacists. PBM’s nity pharmacies. I hope the commit- I want to know what medical school practices limit consumer choice, in- tees of jurisdiction will consider these this auditor went to. I want to know crease drug prices by engaging in bipartisan bills. when they decided to start practicing vertical integration in their ownership Madam Speaker, I want to thank you medicine without a license where they of mail order pharmacies, killing com- for your time. I want to thank Mr. COL- can come in and say amounts. I can un- petition.

VerDate Sep 11 2014 03:41 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.130 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5429 And here was one that was classic. I with driving community pharmacists Slavitt to review Humana’s proposed walked into one of my smaller towns. out of the market. Many of the metrics amendments for their part D Pharmacy It had a pharmacist. And the phar- used, including patient adherence, are Provider Agreement. This is just some- macist said: I got in trouble. I got a beyond the control of the pharmacist. thing that has got to change as we go letter. Humana’s amendment unduly bur- forward. They showed me the letter. They de- dens small pharmacists and protects There is nobody that knows that any livered some medicine to some of their large chain pharmacies, many of which better than Representative CARTER, customers. They get a letter from the they own. Humana enlisted their actu- knowing the situation. I have said this PBM saying, You are not in the mail aries to ensure this formula guarantees all along. I do this because I have been order business. And they actually were they will retain 60 percent of the with- helped so much by community phar- going to have their contract threat- held reimbursement moneys, most of it macists and believe when wrong is ened if they sent these people their coming from community pharmacists. wrong, you call it. When you can, try drugs. Pharmacists in the 80th percentile and make it right. Representative CARTER is going to and up in each category would receive You have lived this. And you con- talk in a minute. I just want to break $2 per category. If a pharmacy meets tinue, by your service on the Georgia for a second. But that is unbelievable expectations in all three categories, legislature and up here, to help us con- that they actually will get on the phar- they will earn $6—a $1 profit per pre- tinue to be on the front lines, con- macies and say: You can’t reach out, scription. Now, remember, this is what tinuing this fight. You are there work- you can’t contact your customer to tell was already withheld from them. Phar- ing it out as well. them that they can be a part of the macists below the 80th percentile Tonight, I think we just need to con- plan. would receive .67, or 67 cents; and tinue the practice of saying, Here are One of my pharmacists actually was below the 50 percent percentile would the facts, and encouraging our commit- left off of a plan that they were actu- receive none of the reimbursement that tees of jurisdiction to take action on ally on. The PBM sent a letter to all they withheld. This is a reimbursement this and just evaluate it. his customers saying that they are not that is supposed to go back to the We have the MAC transparency, the a part of the plan, when, in actuality, pharmacy. They are not getting any of clawback bill. These bills have a chance just to be heard, because I he was. And then, when confronted, it. Many of the community phar- found that every time I share this with they refused to send a letter out to the macists often can’t afford to lose this Members, they can’t believe it. They customers saying: We are wrong. additional 33 cents to $5 for every pre- Just briefly, am I highlighting some- scription they fill. Only big box phar- want to know more. And when we show them the facts, they say: This needs to thing that is uncommon? Or is that a macies really have that ability. be discussed. common practice? Humana also favors big box phar- We have some time tonight. I want to Mr. CARTER of Georgia. No. It is. As macies by allowing the number of pa- share what you are seeing as we con- the gentleman states, it is a very com- tients to serve as a function of a tinue this fight for what is right. mon practice. And you know, it is tiebreaker. This amazed me. For exam- ple, a community pharmacist and a big Mr. CARTER of Georgia. Well, I want downright unAmerican. to thank the gentleman for organizing Small businesses are the backbone of box pharmacist might both have 100 percent adherence to certain perform- this and for bringing this to light. our economy here in America. When This is something that I know you you do not allow a small business to ance measures. However, if the big box pharmacy served more patients than are obviously very passionate about participate, even if they are willing to and that you have worked on for a long take the reimbursement that an insur- the community pharmacist, it will achieve a higher percentile score than time; many years. ance company is offering, but that in- the community pharmacy. You know, it is not just you. You are surance company, nevertheless, will Humana disproportionately favors obviously a leader here. But also, Rep- not let them participate, that, in my large chain pharmacies at the small resentative SCOTT, who spoke earlier. opinion, is unAmerican. pharmacies’ expense. Certain phar- Representative LOEBSACK. I may be the Mr. COLLINS of Georgia. You have macies have enough patients to mini- only pharmacist in Congress, but we hit something. You have led into a mize the effects of patient nonadher- have many friends of pharmacy in Con- great example. This is highlight. And if ence to their ratings. At independent gress, and we appreciate this very there are problems, let’s fix them. You community pharmacies, one patient’s much. hit on that issue. nonadherence could cost pharmacies But even more so—if I may, even We have heard of DIR fees tonight. thousands of dollars by moving a phar- more so, what you are concerned We have heard about reimbursements. macy from the top bracket to one about, what Representative SCOTT, Let me leave you an example from a below. what Representative LOEBSACK, what little company called Humana. If somebody were listening to us, everyone up here is concerned about is I had a pharmacist call me about pro- Representative CARTER, they would say patient care. That is what we are talk- posed amendments to their Pharmacy we were making this up. We are not. I ing about. Provider Agreement. Humana decided have been doing this now for well over Mr. COLLINS of Georgia. Exactly. to withhold $5 per prescription from a year—almost 2 years now. I have What you are saying, every time we do initial reimbursements to the phar- never been challenged on these facts. this, we gain Members who begin to macy. Now, you understand what is They don’t like it. And they are listen- look at the issue. They just don’t be- happening. They are withholding $5 of ing probably right now, saying: What lieve what the PBMs bring to them. what they should be sending to the can we do to go settle this down? All I am asking for me and I know for pharmacy. The return of the reim- But it is just not right when they you is for every Member here to go bursements was conditional on the look at these things and they see sav- talk to a community pharmacist. All pharmacy meeting certain patient ad- ings in the State governments. It is they have to do is go talk to them. We herence metrics. This is essentially a like they are saying: Look at the shiny are not sharing anything that is not fee conditional on meeting certain per- object over here. Don’t face reality. real. formance standards, and Humana This one is just amazing to me. When Mr. CARTER of Georgia. That is the would withhold reimbursements from you are taking money that should go whole key. The whole key is that what poorly performing pharmacies. back to the pharmacist and putting we are talking about is patient care. That sounds good, doesn’t it? them on this metric scale that they We are not talking about community It has got a great twang to it. Some- can’t compete on; or you are taking pharmacies trying to pad their pock- body in the marketing office there their customers, but won’t allow the ets. But what we are trying to point thought, This is going to be pretty pharmacist to reach out, these are the out and what you have done so effi- cool. It sounds so good, but let’s talk kinds of things that just really, really ciently, particularly with your chart, about it. are amazing to me. is to point out what is happening here. Humana’s criteria, however, had lit- I wrote a letter with the gentleman Everyone is concerned about high tle to do with patient care and more urging CMS Acting Administrator drug prices right now. It is one of the

VerDate Sep 11 2014 03:41 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.131 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5430 CONGRESSIONAL RECORD — HOUSE September 13, 2016 biggest subjects that we hear about in that is what is happening now. If the spikes in drug costs here recently, par- the newscasts and everywhere. Grant- insurance company owns the pharmacy ticularly in generic drugs. What hap- ed, this is not the only part of that, but and tells you that you have to go to pens is that drug goes up. Well, the in- it is a big part of it. this pharmacy, that is a problem. surance company drags their feet and What is happening is we are taking True story. I owned three community they don’t increase that maximum al- competition out of health care. If we pharmacies before I became a Member lowable cost and, all of a sudden, the talk about ObamaCare, if we talk of Congress. My wife owns them now. pharmacy is dispensing something at a about the Affordable Care Act, While I still owned those pharmacies, I loss. ObamaCare, whatever you want to call filled a prescription for my wife at the Well, that is obviously a business it, my number one concern with is that pharmacy that I own. This was about 3 model that is not going to sustain. You it has taken competition, it has taken or 4 years ago. Later on that night, she are not going to be able to stay in busi- the free market out of health care. got a call from the insurance company ness if you are dispensing something I mean, think about it. Am I talking encouraging her to get that prescrip- and losing money on it. just about independent retail phar- tion filled at another pharmacy. I am Then, how do they come up with this macies? telling you, this is true. Honest. That MAC list? No. I am talking about independent is just crazy. What we are talking about here, and health care. Mr. COLLINS of Georgia. Yet, if you what Representative COLLINS’ bill ad- How many independent doctors do had done that, they would have cut dresses is what is called MAC trans- you know anymore? your contract off. parency. All we are asking here is to Most of them are members of Mr. CARTER of Georgia. Well, ex- shine light on this, is to have some healthcare systems, most of them are actly. transparency, so we can see exactly members of hospital systems, which Mr. COLLINS of Georgia. You can’t what is going on. And that is what his are fine systems, but, again, we are engage in that kind of practice. It is bill does, and we appreciate his work taking away competition. And that is just amazing. on that very much. what is happening here. Mr. CARTER of Georgia. Well, it begs His bill is a step forward, not only for I thank Representative COLLINS. I the question: How did they know about the industry, but again, for the bene- want to thank him for, again, orga- it? ficiary, for the patient. That is ulti- nizing and bringing this to light. Here is how they know about it. mately who is going to save money, As you have mentioned, I have been a What happens when you bring a pre- and that is ultimately what we are try- community pharmacist for over 30 scription into a pharmacy is we fill ing to do here. years. I graduated from the University that prescription and we adjudicate the It is no surprise that the costs are of Georgia in 1980. Go Dogs. I am just claim. What that means is that the going up because of a lack of trans- as proud as I can be of my alma mater. community pharmacy’s computer calls parency in the system, no surprise at You know, pharmacy has changed the insurance company’s computer and all. We have got to have more trans- tremendously since I graduated. I serve it tells you automatically whether parency, particularly in the pricing of on the advisory board at the University they are going to pay it and how much generics if we are going to be able to of Georgia at the College of Pharmacy, they are going to pay. create a stable and an affordable and I can tell you the quality of stu- Well, guess what? healthcare system. dents that are graduating now from That pharmacy that owns that insur- Now, you heard mentioned here ear- pharmacy school is just tremendous. ance company that I just called, they lier, DIR fees. DIR, direct and indirect The clinical expertise that they are have that information. Yes, there are remuneration, and you heard men- graduating with makes us all in health laws against it. There is supposed to be tioned clawbacks. Now, let me try to care very, very proud. I still maintain a wall there in between them, but you articulate this the best I can and what that pharmacists are some of the most tell me how that pharmacy knew that happens here with these DIR fees, overtrained and underutilized profes- my wife had a prescription filled that which is something that has come up sionals out there. day at the community pharmacy that I in the past probably year, maybe year But, again, I want to get back in full owned at that time. and half or 2 years. disclosure here. I am a free market per- But what this is is, I mentioned ear- son. I am someone who believes in the b 2100 lier that, when the community phar- free market. I believe in competition. Obviously, that is what is happening. macy fills the preparation, we adju- And that is all community pharmacists Representative COLLINS, you have in- dicate the claim, that our computer are saying: Let us compete. troduced your bill, a great bill. It has calls their computer, the insurance But as Representative COLLINS has to do with MAC transparency, MAC, computer, and it tells us how much pointed out so succinctly here, we maximum allowable costs. Let me tell they are going to pay. Okay. We are don’t even have the opportunity to you very quickly what maximum al- okay with that. We understand what compete. lowable cost is. we are going to get paid. When you have the insurance com- We talk about acronyms. Well, no- But yet, with DIR fees, months later, pany owning the pharmacy and making body uses as many acronyms as the the insurance company comes back and decisions that impact patients and Federal Government uses. I tell people says, oh, we told you we were going to where they can go and tell patients, all the time that one of my goals in pay you $2.50. No, we have got to take No, you cannot buy your prescription Congress is to learn at least 10 percent back that $2.50. We are not going to be over here, you have to buy it over here, of all the acronyms that we use up able to pay you that. that takes the free market out of the here. Folks, obviously, that is not a sus- system. That takes competition out of But the acronym, MAC, M-A-C, max- tainable business model. Nobody can the system. imum allowable cost, what that is is stay in business that way. Yet that is Who cannot see that? that insurance companies come up the way DIR fees are being imposed There are chains there who will tell with a list and they say this is what we now. you that their operation is a three- are going to pay you. This is the max- Thank goodness, just last week, Con- legged stool. They have the PBMs, they imum we are going to pay you. If you gressman MORGAN GRIFFITH from Vir- have the pharmacy, and now they have can’t buy it any cheaper than that ginia, our colleague, introduced a bill their health clinics. then, I am sorry; you are just going to that addresses Medicare part D pre- Well, what does that do? lose money. scription drug transparency and DIR It is a great business model, sure, but Well, that is okay to a certain ex- fees. I thank Congressman GRIFFITH for once they get you, they got you. If you tent. We understand that. We can work that. go to a pharmacy and they write that within that. But what happens is they Again, keep in mind, folks, we are prescription, and then that prescrip- don’t update it, so all of a sudden—and not talking about, oh, we have got to tion is filled right there, well, obvi- you have seen it. We have all experi- make community pharmacies profit- ously, that is a conflict of interest. But enced what has happened with the able. All community pharmacies want

VerDate Sep 11 2014 03:41 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.132 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5431 to do is to compete. We just want to I want to mention one other thing, serves a hearing. Guthrie’s bill de- have the opportunity to compete on a and that is something that has come serves a hearing. fair, level playing field. That is all we out of the Energy and Commerce Com- These are things that actually save are asking. We are not asking for any mittee this year, and that is the 21st money, except for the coercive, twist- favoritism at all. Yet, when you have Century Cures. 21st Century Cures is a arm tactics of PBMs who just think got an insurance company that owns great piece of legislation. That and the that 83 percent of the market is not the pharmacy, that is obviously a con- opioid bill that we passed earlier this enough, 83 percent, roughly, of the flict of interest. Who cannot see that? year, I think, are two of the bills that market is not enough, that they get on Again, Congressman GRIFFITH has in- I am most proud of since I have been a people about mail order. They want troduced this bill, and it is a great bill. Member of this body; and part of that you to turn—and your insight on how These DIR fees, a big unknown for has to do with the fact that they are they actually know. That wall, that is pharmacists, as I mentioned. They can healthcare bills and I am a healthcare the flimsiest wall I have ever seen. sometimes total up to thousands of professional. Maybe they will start building it bet- dollars per month, and they can signifi- But 21st Century Cures is a great ter. I don’t know. In north Georgia, we cantly complicate what your net reim- piece of legislation. It has been passed built them a little harder than that. bursement is going to be to cover your under the leadership of, as I say, Chair- But I appreciate that. cost. man FRED UPTON and the Energy and I want to go into something tonight, In fact, in a recent survey, nearly 67 Commerce Committee. It has been crit- and it is something that we have percent, almost two-thirds of commu- ical in advancing research. It addresses talked about. It just explains how this nity pharmacists, have indicated they so many different things. works, because maybe some aren’t as don’t receive any information about It increases funding for the National familiar; they haven’t studied this and when those fees will be collected or Institutes of Health. It streamlines the had a great staff. I have actually had a how large they will be—two-thirds, process of the FDA and how they ap- great staff that have put together—you two-thirds of the pharmacies here. prove medications. It offers incentives know, Bob’s here tonight. I have got a And folks, I was so happy to see Rep- to companies to come up with new in- staff member who is still with me in resentative LOEBSACK. He pointed out novations with new medications. spirit, but she is not with us. Jennifer that he was the only Democrat here to- Right now we know of over 10,000 dis- has been working on this for a long night, but I can assure you that there eases that affect humankind, yet only time. are other Democrats, because this is a 500 of them can be treated. 21st Cen- But I also had Daniel Ashworth. Dan- bipartisan issue. tury Cures addresses this. It is a great iel is an intern, a pharmacist intern Listen, when you go to get a pre- piece of legislation, and I would be re- who helped us out a lot and helped pre- scription filled in a community phar- miss if I did not mention that. pare this. I want to show you this. I macy, they don’t ask you if you are a Again, I want to thank Congressman showed you this at the beginning, and Republican or a Democrat. They could COLLINS, and I want to thank all my it is sort of—the PBMs are at the mid- care less. All they know is you are a colleagues who have spoken here to- dle of the world here, if you will. patient, and we need to take care of night on a very, very important sub- So let’s just talk about this. Let’s that patient, and that is what we are ject. just start off with where it should trying to do. Again, folks, all we are saying is let start, and that is with the patient. The There is another bill that I want to us compete. I have had so many pa- patient makes medication decisions, or touch on here. It is a very important tients who have been, their parents, he gets it from the doctor. And they bill. It is one that has been introduced their grandparents, treated at our are typically okay if you go this way, by another good friend of pharmacy, pharmacy; yet, because their insurance their employer. A lot of times the em- Representative BRETT GUTHRIE from plan changed, they literally left our ployee, their health benefit plan, that Kentucky. It is called the Pharmacy pharmacy in tears and had to go down is where they get that. and Medically Underserved Areas En- the street and have a prescription filled So as we start here with the employ- hancement Act, and this is really the somewhere else. That is not American. ers, the employers turn to PBMs or the pharmacy provider act. It is not right. insurance companies for plan decisions. As I mentioned earlier, the phar- Again, I want to thank Congressman So they turn to them and say here is macists who are graduating today are COLLINS for giving me this opportunity how the plan is going to work. Here is so clinically superior to when I grad- to speak on this, obviously something how the plan operates. They expect the uated. And Congressman SCOTT, I be- that I have dealt with all my life, my PBM to look after their best interest lieve, mentioned earlier about the professional life. I am very proud of our and to help save them money. That was things that pharmacists are doing now: profession. I am very proud of commu- the whole setup in the beginning, until flu shots, immunizations, all of those nity pharmacy. I am very proud of the they began to vertically integrate, to things that pharmacists are able to do. patient care that the community phar- take on and become the main player in Pharmacists are the most accessible macist and all pharmacists provide to the market. healthcare professionals out there. We the patients. So what happens here is they make a in America, if we are ever going to get So I thank the gentleman for doing plan decision to entrust the PBM to do our healthcare costs under control, we this and thank him for giving me the that, and the PBMs, in turn, are sup- have to take advantage of that. We opportunity. posed to give back the savings in this. have to take advantage of having that Mr. COLLINS of Georgia. I want to We have already seen tonight how expertise right there before us and hav- thank the gentleman for being a part TRICARE has already saved $1.3 bil- ing it so accessible. and providing an insight that is—as I lion. This was their own internal study. Representative GUTHRIE’s bill, the have said, for those of us who see this We have also seen others where the pharmacy provider status bill, will give and call unfair unfair, and we are fraud and abuse are not finding these us the opportunity to reimburse phar- learning about it every day, you have savings. macists for those clinical services that lived it, and I think providing those in- So again, let’s just continue on. they are capable of and that they are sights is valuable. Pharmaceutical companies have an currently providing. This is something The more we continue down this interesting relationship as well be- that needs to be done under Medicare path, it just—and again, I spoke about cause, through rebates that they give part D. it. I am on the Rules Committee as to the PBMs or to incentivize, if you I mentioned Congressman GRIFFITH well. I talked about it in the Rules will, the use of drugs, their brand and what he has done, and it really has Committee, and it was amazing when I names, their ones under patent—which been a blessing, then Congressman heard the other members. Some were is very valuable. You are not going to BRETT GUTHRIE and what he has done, on Energy and Commerce, some were find a stronger proponent of patent and and Congressman COLLINS and what he on others, and they finally said, that copyright content in this Congress has done. All of these things are very, deserves a hearing. MAC transparency than me. What they are doing here is very important. deserves a hearing. Griffith’s bill de- they are saying, okay, we are going to

VerDate Sep 11 2014 03:41 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.133 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5432 CONGRESSIONAL RECORD — HOUSE September 13, 2016 give rebates back so you can purchase, Members come along and say: that So all across this Nation, this new and we are going to have brand pref- doesn’t sound right. four-letter word is not used as a cuss erence so that you will encourage this I know you have had those conversa- word. It is a word of fear, and it is a brand over this generic or, frankly, tions, Representative CARTER. I have word of trouble. Apparently, in the this generic over this brand. And that had those conversations. There are Halls of your Capitol, in the Halls of is okay. We understand that. Members all over this Chamber that the United States Congress, it is ig- This rebate is supposed to actually have experienced this in their own nored. Several months ago, we did pass go into the savings part, but there is no lives. a piece of legislation that was supposed transparency here. We don’t know So I come to you tonight just saying, to deal with this. But understand this: where it is going. And you are not get- look, we put this here, and we look at The Centers for Disease Control is ting the savings back over here where the interaction. I am going to say, this about to run out of money at the end of the rebates could. is the most important part right here. this month and will have to stop re- And then we get to, really, the one It is about the patient. It is about the search on Zika, on the virus, on vac- that is interesting, and the pharma- patient. We want to fix this. Let’s look cines, and on how it is spread. ceutical companies, through the phar- at how our money is spent. We want to We know that the mosquito is a piece macy, and then back to patient care. fix this. Let’s look at being able to of this, and we know it is prime mos- This is where it gets interesting with come back weeks, months later. Let’s quito time across much of the United the PBMs and their interesting rela- talk about what the problems are here, States. Let me show you a map—a lot tionships with the independent commu- but never forget the patient. It of blue on that map. That doesn’t mean nity pharmacies. shouldn’t be hard for them. Pharmacy Democrat. That means Zika. Where Predatory pricing, such as we are ad- benefit manager, the first letter is P. you see the bright blue, that is where dressing in the MAC transparency list, Let’s just change it from profit to pa- the Zika mosquito—the aedes—is where the numbers change, they are tient. Let’s change it from being a found, and this is where we presently not sure. We get into the DIR fees. We facilitator to help pharmacies and help have cases. get into all this stuff that has now be- employers to market drugs to help the South Florida, the only time in come, instead of, for the PBM, the P in patient. Studies after studies show American history that there has been a patient, the P actually should be—and that it doesn’t work. travel alert for health reasons within I am not going to write on this beau- Madam Speaker, we could talk for the Continental United States is now tiful chart, but I might as well just put hours, but this is something we are found in south Florida. Why? Because ‘‘profit’’ because, as I have already dis- going to continue to fight on. I appre- now we have mosquitos that are cussed earlier tonight, the audits ciate the time we have had tonight, spreading the virus. aren’t about patient safety. and this is not the end of this fight. In other parts of the Nation, we know As Representative CARTER said, this Madam Speaker, I yield back the bal- that this mosquito is present, and we is not about giving independent phar- ance of my time. know it is going to happen, if not this macies or community pharmacies a leg f year then next year. This is not some- up. thing that is going to go away in the ZIKA FUNDING next few months as winter approaches. b 2115 The SPEAKER pro tempore (Mrs. It will come back next year, and it will They don’t want to be guaranteed a MIMI WALTERS of California). Under the come back with a greater vengeance, profit. They just want to be guaranteed Speaker’s announced policy of January just as the West Nile virus that spread to be able to open their doors and not 6, 2015, the Chair recognizes the gen- across the United States is now found be intimidated, coerced, or backed tleman from California (Mr. in most every State. But that is not an down by threats from PBMs that are GARAMENDI) for 30 minutes. illness that leads to the tragedy of much larger than them that basically Mr. GARAMENDI. Madam Speaker, I children being born with severe inju- say: we will put you out of business. thank the gentlewoman from Cali- ries that will affect them the rest of Madam Speaker, that is what they fornia for the opportunity to speak this their lives, which may be a very short do. evening. We have just been listening to life. They are supposed to have random a very lengthy discussion on the part This is a problem. This is a problem audits. One of my pharmacists started of the healthcare issues in the United that your United States Congress is ig- laughing when we talked about random States, and, undoubtedly, the family or noring. There is a bill bouncing around, audits. They had the same audit about the small community pharmacist is a and it is loaded with a bunch of riders a year earlier. In other words, they are piece of the solution to the problems. that are: What are you talking about? on a cycle. They just come back around But I want to spend the next 10 min- Riders that prevent women’s health the same time. These aren’t random. utes or so, maybe a little longer, talk- clinics from providing assistance to They are not there for safety. They are ing about a problem that currently af- women. It is the women, after all, that there for profit. fects some 19,000 Americans and a prob- bear the great burden of this. They are It is frustrating. I have never seen lem that is growing every day. the ones that are going to be pregnant. anything else like this. It is the most This is the new four-letter word that They are the ones that will be carrying amazing thing I have ever seen in we fear. We are accustomed to a lot of the children. But those women’s health which a business model that we have four-letter words, but this one begins clinics cannot allow access to the actually condoned—especially with the with a Z. This is the Zika crisis. This is money. What in the world is that all taxpayer money side—says that you a very, very real problem for some 1,600 about? What foolishness. What mean- can extort from pharmacies whatever pregnant women in the United States. ness. you want. We will take back fees. We This is a problem that men and women By the way, none of the money can will put you on a metrics like Humana that intend to have a family, women be used for contraception. Give me a did. We will put you on a metrics that that intend to bear children, get preg- break. What do you mean? That is the will give you the possibility of making nant in the days and months ahead legislation that is being proposed here more, but then inherently rig it have a gut feeling of fear—a deep, deep in the United States Congress. Even against the small pharmacies. That is a fear—and husbands, spouses, and lovers the Pope has suggested that because of problem. similarly. this crisis in Brazil that the steadfast They can’t answer the question. If This is the Zika crisis. We have heard opposition of the Vatican to contracep- they had, they would have said it a a lot about it during the Olympics. It tion may need to be pushed aside. But long time ago. They just hope I go hasn’t passed off the radar screen ex- not here in the House of Representa- away and quit talking about this. But cept here in Congress. I know it is on tives. Come on. Let’s get real. Let’s un- there are Members every time we talk, the minds of Californians, over 500 in derstand the nature of this crisis. some couldn’t come tonight, and every California, and nearly 15,500 Americans The Zika virus is not transmitted time we come down here and we shine in Puerto Rico. They have that fear. only by mosquitos. We are discovering light on this very dark subject, more They have Zika. that the transmission can come in

VerDate Sep 11 2014 03:41 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.134 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5433 many, many different ways—many dif- granddaughter acquire the Zika virus? of the House of the following title, ferent ways. So what are we doing What will it mean? which was thereupon signed by the about it? Nothing. We are spending Apparently, that thought is not Speaker: time talking about impeaching the IRS found in my fellow colleagues here on H.R. 3969. An act to designate the Depart- Commissioner. Come on. In the history the floor of the House of Representa- ment of Veterans Affairs community-based of this Nation, only one person other tives, even though they have children, outpatient clinic in Laughlin, Nevada, as the than a President has been impeached, even though they have daughters and ‘‘Master Chief Petty Officer Jesse Dean VA and that was back in the 1870s, a Sec- granddaughters, even though within Clinic’’. retary of War. An IRS Commissioner is their families there will be preg- f not even a Cabinet member. We are nancies. We have got to think about SENATE ENROLLED BILL SIGNED spending our time on that. this. Maybe there are 16,000 affected in We are where, 20 days, a little less, the United States today. But this virus The Speaker announced his signature from the end of the fiscal year when we is not going away. This virus is going to an enrolled bill of the Senate of the have to fund government? We are less to be with us years ahead, and the ef- following title: than what, 17 days away from the abil- fects of it are going to be felt in the S. 1579. An act to enhance and integrate ity of the Centers for Disease Control next generations. It is already here in Native American tourism, empower Native to continue to research and to address the United States. American communities, increase coordina- this issue? Look at the map, Ameri- tion and collaboration between Federal tour- b 2130 ism assets, and expand heritage and cultural cans. Every State. And Puerto Rico is tourism opportunities in the United States. not on this map, and they are Ameri- We have had babies born with serious cans. There are over 15,000 cases there defects as a result of Zika. It is already f and more than 1,000 women who are with us. And there will be more. There ADJOURNMENT will be many, many more. pregnant and many, many more who Mr. GARAMENDI. Madam Speaker, I This public health crisis must be met will become pregnant. So what is your move that the House do now adjourn. by the full power of the Federal Gov- United States Congress doing? The motion was agreed to; accord- ernment, just as we meet other crises. Dithering would be an insufficient ingly (at 9 o’clock and 32 minutes It is our responsibility. 535 of us and word to address this crisis. p.m.), under its previous order, the the President. This is a public health crisis. This is House adjourned until tomorrow, The President has asked for $1.9 bil- a crisis that the solution presented to Wednesday, September 14, 2016, at 10 lion to deal with this health crisis. The us a few months ago was to take money a.m. for morning-hour debate. out of the Ebola program. Did we for- response by my colleagues on the Re- get about Ebola? Did it go away? No, it publican side of the House of Rep- f did not. That money was being spent resentatives, a little over $6 million, EXECUTIVE COMMUNICATIONS, on monitoring the travelers from those most of which is stolen from other pub- ETC. areas of Africa where Ebola still exists. lic health programs. Disgraceful. Dere- Under clause 2 of rule XIV, executive So that money is gone. So I suppose, in liction of responsibility. communications were taken from the the next months or year ahead, we will The Senate is talking about a $1.1 Speaker’s table and referred as follows: go back into the Ebola problem once billion program. Good. Without riders, again. without the kind of foolish riders that 6796. A letter from the Assistant Secretary Money was taken from the public are being presented here. Good. Let’s for Legislation, Department of Health and Human Services, transmitting a report on health programs in counties through- get on with it. We will take the Senate the Developmental Disabilities Programs for out the United States. The proposal bill. Give us a clean Senate bill so that Fiscal Years 2011-2012, pursuant to 42 U.S.C. that moved out of this House of Rep- there is money available for the Cen- 15005; Public Law 106-402, Sec. 105; (114 Stat. resentatives swept from the counties ters for Disease Control to continue its 1690); to the Committee on Energy and Com- and the States money that the public research, so that there is money avail- merce. health departments in those areas able for the public health programs in 6797. A letter from the Assistant Secretary needed to deal with public health emer- south Florida, in Texas, in Puerto for Legislation, Department of Health and gencies, one of which was Zika. And Rico, California, and in other States to Human Services, transmitting a report enti- tled ‘‘National Plan to Address Alzheimer’s there are other public health emer- carry on the fight against the mosqui- Disease: 2016 Update’’, pursuant to 42 U.S.C. gencies that are always before us. I toes and to deal with the other meth- 11225(g); Public Law 111-375, Sec. 2(g); (124 mentioned the West Nile virus. Cali- ods of transmission, to warn the public, Stat. 4102); to the Committee on Energy and fornia has a whooping cough problem to prepare the public. We can do it. Commerce. that is ongoing, and that is a public Anybody that knows how much 6798. A letter from the Director, Regu- health crisis. Children die of that. money the Federal Government spends latory Management Division, Environmental So what is the solution? Not what we every year knows that $1 billion to ad- Protection Agency, transmitting the Agen- normally do when we have a crisis, dress a fundamental public health cri- cy’s final rule — Approval and Promulgation which is to go to the Federal Treasury of Implementation Plans; Texas; Revisions sis is available. It is readily available. to the General Definitions for Texas New and say: America has a problem. Amer- We ought to get on with it. And shame Source Review and the Minor NSR Qualified icans will solve that problem or ad- on us if we don’t. Facilities Program [EPA-R06-OAR-2010-0861; dress that problem and try to deal with I yield back the balance of my time. FRL-9950-32-Region 6] received September 9, the effect of it by appropriating money f 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Public so that we can address it. Law 104-121, Sec. 251; (110 Stat. 868); to the When the terrible floods occurred re- LEAVE OF ABSENCE Committee on Energy and Commerce. cently in Louisiana, did we raid other By unanimous consent, leave of ab- 6799. A letter from the Director, Regu- agencies to deal with it? No. We go to sence was granted to: latory Management Division, Environmental Protection Agency, transmitting the Agen- FEMA, and we go to the emergency Mr. DESJARLAIS (at the request of cy’s final rule — Air Plan Approval and Dis- funding, as we did with Katrina, as we Mr. MCCARTHY) for September 12 and approval; North Carolina: New Source Re- did with Sandy, and as we do with the today on account of doctor ordered view for Fine Particulate Matter (PM2.5) fires, hurricanes, and tornadoes. But travel limitations for arthroscopic sur- [EPA-R04-OAR-2015-0501; FRL-9952-31-Region not with Zika. Somehow Zika is dif- gery. 4] received September 9, 2016, pursuant to 5 ferent. Mr. PAYNE (at the request of Ms. U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. If you are a grandmother or a grand- PELOSI) for today on account of med- 251; (110 Stat. 868); to the Committee on En- father and your granddaughter is about ical appointment. ergy and Commerce. to get married, what is on your mind? 6800. A letter from the Director, Regu- f latory Management Division, Environmental The wedding to be sure. But you are ENROLLED BILL SIGNED Protection Agency, transmitting the Agen- also thinking about that pregnancy cy’s final rule — Air Plan Approval; GA In- that might be following, and you are Karen L. Haas, Clerk of the House, frastructure Requirements for the 2010 1- thinking: will my daughter or my reported and found truly enrolled a bill hour NO2 NAAQS [EPA-R04-OAR-2015-0250;

VerDate Sep 11 2014 03:41 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\K13SE7.136 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5434 CONGRESSIONAL RECORD — HOUSE September 13, 2016 FRL-9952-32-Region 4] received September 9, State, transmitting a report concerning 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Public international agreements other than treaties Stat. 868); to the Committee on Transpor- Law 104-121, Sec. 251; (110 Stat. 868); to the entered into by the United States to be tation and Infrastructure. Committee on Energy and Commerce. transmitted to the Congress within the 6817. A letter from the Office Program 6801. A letter from the Director, Regu- sixty-day period specified in the Case-Za- Manager, Office of the Secretary (00REG), latory Management Division, Environmental blocki Act, pursuant to 1 U.S.C. 112b(d)(1); Office of Regulation Policy and Manage- Protection Agency, transmitting the Agen- Public Law 92-403, Sec. 1; (86 Stat. 619); to the ment, Veterans Affairs, transmitting the De- cy’s direct final rule — Air Plan Approval; Committee on Foreign Affairs. partment’s final rule — Telephone Enroll- VT; Prevention of Significant Deterioration, 6810. A letter from the Acting Director, Of- ment in the VA Healthcare System (RIN: PM2.5 [EPA-R01-OAR-2016-0441; A-1-FRL- fice of Sustainable Fisheries, NMFS, Na- 2900-AP68) received September 9, 2016, pursu- 9952-11-Region 1] received September 9, 2016, tional Oceanic and Atmospheric Administra- ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- pursuant to 5 U.S.C. 801(a)(1)(A); Public Law tion, transmitting the Administration’s tem- 121, Sec. 251; (110 Stat. 868); to the Committee 104-121, Sec. 251; (110 Stat. 868); to the Com- porary rule — Fisheries of the Northeastern on Veterans’ Affairs. mittee on Energy and Commerce. United States; Scup Fishery; Adjustment to 6818. A letter from the Federal Register Li- 6802. A letter from the Director, Regu- the 2016 Winter II Quota [Docket No.: aison Officer, Alcohol and Tobacco Tax and latory Management Division, Environmental 150903814-5999-02] (RIN: 0648-XE755) received Trade Bureau, Department of the Treasury, Protection Agency, transmitting the Agen- September 8, 2016, pursuant to 5 U.S.C. transmitting the Department’s final rule — cy’s final rule — Approval and Promulgation 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Reclassification of Specially Denatured Spir- of Air Quality Implementation Plans; State Stat. 868); to the Committee on Natural Re- its and Completely Denatured Alcohol For- of Colorado; Second Ten-Year PM10 Mainte- sources. mulas and Related Amendments [Docket nance Plan for Lamar [EPA-R08-OAR-2015- 6811. A letter from the Acting Director, Of- No.: TTB-2013-0005; T.D. TTB-140; Re: Notice 0042; FRL-9952-09-Region 8] received Sep- fice of Sustainable Fisheries, NMFS, Na- No.: 136] (RIN: 1513-AB59) received September tember 9, 2016, pursuant to 5 U.S.C. tional Oceanic and Atmospheric Administra- 8, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Pub- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 tion, transmitting the Administration’s tem- lic Law 104-121, Sec. 251; (110 Stat. 868); to the Stat. 868); to the Committee on Energy and porary rule — Fisheries of the Northeastern Committee on Ways and Means. Commerce. United States; Atlantic Bluefish Fishery; 6819. A letter from the Chief, Publications 6803. A letter from the Director, Regu- Quota Transfer [Docket No.: 151130999-6225-01] and Regulations Branch, Internal Revenue latory Management Division, Environmental (RIN: 0648-XE802) received September 8, 2016, Service, transmitting the Service’s final reg- Protection Agency, transmitting the Agen- pursuant to 5 U.S.C. 801(a)(1)(A); Public Law ulations — Definition of Terms Relating to cy’s final rule — Approval and Promulgation 104-121, Sec. 251; (110 Stat. 868); to the Com- Marital Status [TD 9785] (RIN: 1545-BM10) re- of Air Quality Implementation Plans; Texas; mittee on Natural Resources. ceived September 8, 2016, pursuant to 5 Infrastructure or Requirements for the 2008 6812. A letter from the Acting Director, Of- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. Ozone and 2010 Nitrogen Dioxide National fice of Sustainable Fisheries, NMFS, Na- 251; (110 Stat. 868); to the Committee on Ambient Air Quality Standards [EPA-R06- tional Oceanic and Atmospheric Administra- Ways and Means. 6820. A letter from the Chief, Publications OAR-2012-0953; FRL-9950-77-Region 6] re- tion, transmitting the Administration’s tem- and Regulations Branch, Internal Revenue ceived September 9, 2016, pursuant to 5 porary rule — Fisheries of the Exclusive Eco- Service, transmitting the Service’s IRB only U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. nomic Zone Off Alaska; Reallocation of Pol- rule — Revenue Procedure: Management 251; (110 Stat. 868); to the Committee on En- lock in the Bering Sea and Aleutian Islands Contracts Safe Harbors (Rev. Proc. 2016-44) [Docket No.: 150916863-6211-02] (RIN: 0648- ergy and Commerce. received September 8, 2016, pursuant to 5 6804. A letter from the Director, Regu- XE789) received September 8, 2016, pursuant U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. latory Management Division, Environmental to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, 251; (110 Stat. 868); to the Committee on Protection Agency, transmitting the Agen- Sec. 251; (110 Stat. 868); to the Committee on Ways and Means. cy’s final rule — Thiabendazole; Pesticide Natural Resources. 6821. A letter from the Chief, Publications 6813. A letter from the Acting Director, Of- Tolerances [EPA-HQ-OPP-2015-0554; FRL- and Regulations Branch, Internal Revenue fice of Sustainable Fisheries, NMFS, Na- 9950-05] received September 9, 2016, pursuant Service, transmitting the Service’s final reg- tional Oceanic and Atmospheric Administra- to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, ulations — Definition of Real Estate Invest- Sec. 251; (110 Stat. 868); to the Committee on tion, transmitting the Administration’s tem- ment Trust Real Property [TD 9784] (RIN: Energy and Commerce. porary rule — Fisheries of the Northeastern 1545-BM05) received September 8, 2016, pursu- 6805. A letter from the Secretary, Federal United States; Summer Flounder Fishery; ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- Trade Commission, transmitting the Com- Commercial Quota Harvested for the Com- 121, Sec. 251; (110 Stat. 868); to the Committee mission’s final rule — Energy Labeling Rule monwealth of Massachusetts [Docket No.: on Ways and Means. (RIN: 3084-AB15) received September 9, 2016, 150903814-5999-02] (RIN: 0648-XE810) received 6822. A letter from the Chief, Publications pursuant to 5 U.S.C. 801(a)(1)(A); Public Law September 8, 2016, pursuant to 5 U.S.C. and Regulations Branch, Internal Revenue 104-121, Sec. 251; (110 Stat. 868); to the Com- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Service, transmitting the Service’s IRB only mittee on Energy and Commerce. Stat. 868); to the Committee on Natural Re- rule — Revenue Procedure: Examination of 6806. A letter from the Director, Defense sources. returns and claims for refund, credit, or Security Cooperation Agency, transmitting 6814. A letter from the Acting Director, Of- abatement; determination of correct tax li- Reports for the third quarter of FY 2016, fice of Sustainable Fisheries, NMFS, Na- ability (Rev. Proc. 2016-46) received Sep- April 1, 2016 — June 30, 2016, developed in ac- tional Oceanic and Atmospheric Administra- tember 8, 2016, pursuant to 5 U.S.C. cordance with Secs. 36(a) and 26(b) of the tion, transmitting the Administration’s tem- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Arms Export Control Act; the March 24, 1979, porary rule — Fisheries of the Exclusive Eco- Stat. 868); to the Committee on Ways and Report by the Committee on Foreign Affairs nomic Zone Off Alaska; Dusky Rockfish in Means. (H. Rept. 96-70), and the July 31, 1981, Sev- the Western Regulatory Area of the Gulf of 6823. A letter from the Chief, Publications enth Report by the Committee on Govern- Alaska [Docket No.: 150818742-6210-02] (RIN: and Regulations Branch, Internal Revenue ment Operations (H. Rept. 97-214); to the 0648-XE708) received September 8, 2016, pur- Service, transmitting the Service’s IRB only Committee on Foreign Affairs. suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- rule — Waiver of 60-Day Rollover Require- 6807. A letter from the Assistant Secretary 121, Sec. 251; (110 Stat. 868); to the Committee ment (Rev. Proc. 2016-47) received September for Export Administration, Bureau of Indus- on Natural Resources. 8, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Pub- try and Security, Department of Commerce, 6815. A letter from the Assistant Attorney lic Law 104-121, Sec. 251; (110 Stat. 868); to the transmitting the Department’s final rule — General, Office of Legislative Affairs, De- Committee on Ways and Means. Russian Sanctions: Addition of Certain Enti- partment of Justice, transmitting the 2015 6824. A letter from the Chief, Publications ties to the Entity List [Docket No.: 160617543- annual report to Congress describing the ac- and Regulations Branch, Internal Revenue 6543-01] (RIN: 0694-AH02) received September tivities and operations of the Public Integ- Service, transmitting the Service’s IRB only 9, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Pub- rity Section, Criminal Division, and the re- rule — Relief for Victims of Louisiana lic Law 104-121, Sec. 251; (110 Stat. 868); to the port on the nationwide federal law enforce- Storms (Announcement 2016-30) received Committee on Foreign Affairs. ment effort against public corruption, pursu- September 8, 2016, pursuant to 5 U.S.C. 6808. A letter from the Acting Assistant ant to 28 U.S.C. 529(a); Public Law 95-521, 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Secretary, Legislative Affairs, Department Sec.603(a); (92 Stat. 187); to the Committee Stat. 868); to the Committee on Ways and of State, transmitting a report pursuant to on the Judiciary. Means. Sec. 804 of the Palestinian Liberation Orga- 6816. A letter from the Management and f nization Commitments Compliance Act of Program Analyst, FAA, Department of 1989 (‘‘PLOCCA’’) (Title VIII, Pub.L. 101-246) Transportation, transmitting the Depart- REPORTS OF COMMITTEES ON and Secs. 603-604 and 699 of the Foreign Rela- ment’s final rule — Airworthiness Direc- PUBLIC BILLS AND RESOLUTIONS tions Authorization Act, Fiscal Year 2003 tives; The Boeing Company Airplanes [Dock- (Pub.L. 107-228); to the Committee on For- et No.: FAA-2016-8841; Directorate Identifier Under clause 2 of rule XIII, reports of eign Affairs. 2016-NM-115-AD; Amendment 39-18611; AD committees were delivered to the Clerk 6809. A letter from the Assistant Legal Ad- 2016-16-13] (RIN: 2120-AA64) received Sep- for printing and reference to the proper viser, Office of Treaty Affairs, Department of tember 9, 2016, pursuant to 5 U.S.C. calendar, as follows:

VerDate Sep 11 2014 03:41 Sep 14, 2016 Jkt 059060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\L13SE7.000 H13SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 13, 2016 CONGRESSIONAL RECORD — HOUSE H5435 Mr. GOODLATTE: Committee on the Judi- poses; to the Committee on Veterans’ Af- to the Committee on Energy and Commerce, ciary. H.R. 3438. A bill to amend title 5, fairs. and in addition to the Committee on Ways United States Code, to postpone the effective By Mr. HURD of Texas (for himself, and Means, for a period to be subsequently date of high-impact rules pending judicial re- Mr. CONNOLLY, Mr. CHAFFETZ, Mr. determined by the Speaker, in each case for view; with an amendment (Rept. 114–743). Re- CUMMINGS, Ms. KELLY of Illinois, and consideration of such provisions as fall with- ferred to the Committee of the Whole House Mr. TED LIEU of California): in the jurisdiction of the committee con- on the state of the Union. H.R. 6004. A bill to modernize Government cerned. Mr. BYRNE: Committee on Rules. House information technology, and for other pur- By Mr. BUCSHON: Resolution 863. Resolution providing for con- poses; to the Committee on Oversight and H.R. 6012. A bill to amend title XVIII of the sideration of the bill (H.R. 5351) to prohibit Government Reform, and in addition to the Social Security Act to preserve Medicare the transfer of any individual detained at Committee on Appropriations, for a period to beneficiary access to ventilators, and for other purposes; to the Committee on Energy United States Naval Station, Guantanamo be subsequently determined by the Speaker, and Commerce, and in addition to the Com- Bay, Cuba, and providing for consideration of in each case for consideration of such provi- mittee on Ways and Means, for a period to be the bill (H.R. 5226) to amend chapter 3 of sions as fall within the jurisdiction of the subsequently determined by the Speaker, in title 5, United States Code, to require the committee concerned. each case for consideration of such provi- publication of information relating to pend- By Mr. DAVIDSON: H.R. 6005. A bill to ensure that Members of sions as fall within the jurisdiction of the ing agency regulatory actions, and for other committee concerned. purposes (Rept. 114–744). Referred to the Congress and Congressional staff receive health care from the Department of Veterans By Ms. ESHOO: House Calendar. H.R. 6013. A bill to amend the Tele- Mr. CHAFFETZ: Committee on Oversight Affairs instead of under the Federal Health Benefits Program or health care exchanges; communications Act of 1996 to preserve and and Government Reform. H.R. 4419. A bill to protect the ability of local governments to to the Committee on House Administration, update the financial disclosure requirements provide broadband capability and services; to and in addition to the Committee on Vet- for judges of the District of Columbia courts; the Committee on Energy and Commerce. erans’ Affairs, for a period to be subse- with amendments (Rept. 114–745). Referred to By Mr. NOLAN: the Committee of the Whole House on the quently determined by the Speaker, in each H.R. 6014. A bill to direct the Federal Avia- state of the Union. case for consideration of such provisions as tion Administration to allow certain con- Mr. HENSARLING: Committee on Finan- fall within the jurisdiction of the committee struction or alteration of structures by cial Services. H.R. 5461. A bill to require the concerned. State departments of transportation without Secretary of the Treasury to submit a report By Ms. BASS (for herself, Mr. CAPUANO, requiring an aeronautical study, and for to the appropriate congressional committees Ms. LEE, Mr. CICILLINE, Ms. KELLY of other purposes; to the Committee on Trans- on the estimated total assets under direct or Illinois, Mr. CONYERS, Ms. MOORE, portation and Infrastructure. indirect control by certain senior Iranian Ms. PLASKETT, Mr. ELLISON, Mrs. By Mr. PAULSEN (for himself and Mr. leaders and other figures, and for other pur- WATSON COLEMAN, and Ms. CLARKE of BLUMENAUER): poses (Rept. 114–746, Pt. 1). Referred to the New York): H.R. 6015. A bill to amend the Internal Rev- Committee of the Whole House on the state H.R. 6006. A bill to establish a pilot pro- enue Code of 1986 to provide for the treat- of the Union. gram to provide fellowships to certain ment of certain direct primary care service former Sudanese refugees, known as the arrangements and periodic provider fees; to f ‘‘Lost Boys and Lost Girls of Sudan’’, to as- the Committee on Ways and Means. DISCHARGE OF COMMITTEE sist in reconstruction efforts in South By Mr. POE of Texas: Sudan; to the Committee on Foreign Affairs. H.R. 6016. A bill to require States and units Pursuant to clause 2 of rule XIII, the By Mr. MCCARTHY: of local government receiving funds under Committee on Foreign Affairs dis- H.R. 6007. A bill to amend title 49, United grant programs operated by the Department charged from further consideration. States Code, to include consideration of cer- of Justice, which use such funds for pretrial H.R. 5461 referred to the Committee of tain impacts on commercial space launch services programs, to submit to the Attorney the Whole House on the state of the and reentry activities in a navigable air- General a report relating to such program, space analysis, and for other purposes; to the and for other purposes; to the Committee on Union. Committee on Transportation and Infra- the Judiciary. f structure. By Mr. RICHMOND (for himself, Mr. MEEKS, Mr. LARSEN of Washington, PUBLIC BILLS AND RESOLUTIONS By Mr. MEADOWS (for himself, Mr. CONNOLLY, Mrs. COMSTOCK, and Mr. Mr. PERLMUTTER, Mr. KIND, Mr. Under clause 2 of rule XII, public BEYER): HIMES, Ms. SEWELL of Alabama, Miss bills and resolutions of the following H.R. 6008. A bill to provide transit benefits RICE of New York, and Mr. CARNEY): titles were introduced and severally re- to Federal employees who use the services of H.R. 6017. A bill to establish a grant pro- gram to provide grants to eligible low-in- ferred, as follows: transportation network companies within the national capital region, and for other come communities for community develop- By Mr. SANFORD: purposes; to the Committee on Ways and ment, and for other purposes; to the Com- H.R. 6000. A bill to amend the Internal Rev- Means, and in addition to the Committee on mittee on Financial Services, and in addi- enue Code of 1986 to modify rules relating to Oversight and Government Reform, for a pe- tion to the Committees on Transportation the taxation of mead and other agricultural riod to be subsequently determined by the and Infrastructure, and Ways and Means, for wine, and for other purposes; to the Com- Speaker, in each case for consideration of a period to be subsequently determined by mittee on Ways and Means. such provisions as fall within the jurisdic- the Speaker, in each case for consideration By Mr. BECERRA (for himself and Ms. tion of the committee concerned. of such provisions as fall within the jurisdic- ROS-LEHTINEN): By Mr. RUSSELL (for himself and Mr. tion of the committee concerned. By Mr. YOUNG of Alaska: H.R. 6001. A bill to establish within the CONNOLLY): Smithsonian Institution the Smithsonian H.R. 6009. A bill to ensure the effective H.R. 6018. A bill to waive the essential health benefits requirements for certain American Latino Museum, and for other pur- processing of mail by Federal agencies, and States; to the Committee on Energy and poses; to the Committee on Homeland Secu- for other purposes; to the Committee on Commerce. rity, and in addition to the Committees on Oversight and Government Reform. By Mr. YOUNG of Indiana: Transportation and Infrastructure, and Nat- By Mr. BILIRAKIS (for himself, Mr. ural Resources, for a period to be subse- H.R. 6019. A bill to amend the Internal Rev- PIERLUISI, Mr. POSEY, Mr. SIRES, Mr. enue Code of 1986 to provide an exemption to quently determined by the Speaker, in each CURBELO of Florida, and Mr. DIAZ- the individual mandate to maintain health case for consideration of such provisions as BALART): coverage for certain individuals whose pre- fall within the jurisdiction of the committee H.R. 6010. A bill to amend the Public mium has increased by more than 10 percent, concerned. Health Service Act to require the Director of and for other purposes; to the Committee on By Ms. CLARK of Massachusetts: the Centers for Disease Control and Preven- Ways and Means. H.R. 6002. A bill to provide for the acquisi- tion to establish a registry of women who By Mr. BECERRA: tion and publication of data relating to are diagnosed during pregnancy as having H. Res. 862. A resolution electing a Member cybercrimes against individuals, and for been infected with Zika virus and the chil- to a certain standing committee of the other purposes; to the Committee on the Ju- dren of such women, and for other purposes; House of Representatives; considered and diciary. to the Committee on Energy and Commerce. agreed to. By Mr. MESSER (for himself, Mrs. By Mr. BILIRAKIS: By Ms. NORTON: BROOKS of Indiana, Mr. YOUNG of In- H.R. 6011. A bill to require that the Centers H. Res. 864. A resolution expressing support diana, Mr. BUCSHON, Mrs. WALORSKI, for Medicare & Medicaid Services has in for the designation of September 2016 as ‘‘Na- and Mr. ROKITA): place adequate verification procedures to en- tional Campus Sexual Assault Awareness H.R. 6003. A bill to amend title 38, United sure that advance payments under the Pa- Month’’; to the Committee on Oversight and States Code, to provide veterans affected by tient Protection and Affordable Care Act are Government Reform. school closures certain relief and restoration made for only enrollees under qualified By Mr. ROSS (for himself, Mr. HARRIS, of educational benefits, and for other pur- health plans who have paid their premiums; Ms. KAPTUR, and Mr. RUSSELL):

VerDate Sep 11 2014 01:02 Sep 15, 2016 Jkt 049060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\RECORD16\SEP2016\H13SE6.REC H13SE6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H5436 CONGRESSIONAL RECORD — HOUSE September 13, 2016 H. Res. 865. A resolution commemorating All legislative Powers herein granted shall compliance with clause 7 of Rule XII of the the 60th anniversary of the Hungarian Revo- be vested in a Congress of the United States, Rules of the House of Representatives and lution and Freedom Fight of 1956 and cele- which shall consist of a Senate and House of shall have no bearing on judicial review of brating the deep friendship between Hungary Representatives. the accompanying bill. and the United States; to the Committee on By Mr. McCARTHY: By Mr. YOUNG of Alaska: Foreign Affairs. H.R. 6007. H.R. 6018. By Mr. VEASEY: Congress has the power to enact this legis- Congress has the power to enact this legis- H. Res. 866. A resolution expressing support lation pursuant to the following: lation pursuant to the following: for designation of the month of September as Article I, Section 8, Clause 3: Article 1, Section 8, Clause 3 ‘‘National Voting Rights Month’’; to the The Congress Shall have power to regulate By Mr. YOUNG of Indiana: Committee on the Judiciary, and in addition commerce with foreign nations, and among H.R. 6019. to the Committee on House Administration, the several states, and with indian tribes. Congress has the power to enact this legis- for a period to be subsequently determined and lation pursuant to the following: by the Speaker, in each case for consider- Article I, Section 8, Clause 18: Article I, Section 8, Clause 1 of the United ation of such provisions as fall within the ju- The Congress shall have power to make all States Constitution, to ‘‘provide for the com- risdiction of the committee concerned. Laws which shall be necessary and proper for mon Defence and general Welfare of the carrying into Execution the foregoing Pow- f United States.’’ ers, and all other Powers vested by this Con- CONSTITUTIONAL AUTHORITY stitution in the Government of the United f STATEMENT States, or in any Department of Officer ADDITIONAL SPONSORS thereof. Pursuant to clause 7 of rule XII of By Mr. MEADOWS: Under clause 7 of rule XII, sponsors the Rules of the House of Representa- H.R. 6008. were added to public bills and resolu- tives, the following statements are sub- Congress has the power to enact this legis- tions, as follows: mitted regarding the specific powers lation pursuant to the following: H.R. 167: Mr. SENSENBRENNER. Article I, Section 8, Clause 1 granted to Congress in the Constitu- H.R. 213: Mr. AUSTIN SCOTT of Georgia, By Mr. RUSSELL: tion to enact the accompanying bill or Mrs. NAPOLITANO, Mr. YARMUTH, Mr. JOHN- H.R. 6009. joint resolution. SON of Georgia, and Mr. CULBERSON. Congress has the power to enact this legis- H.R. 346: Mr. DAVID SCOTT of Georgia. By Mr. SANFORD: lation pursuant to the following: H.R. 6000. Article I, Section 8, Clause 18 H.R. 465: Mr. BARR. Congress has the power to enact this legis- By Mr. BILIRAKIS: H.R. 470: Mr. DAVID SCOTT of Georgia. lation pursuant to the following: H.R. 6010. H.R. 605: Mr. SCHIFF. Article 1, Section 8 of the United States Congress has the power to enact this legis- H.R. 667: Mr. GRIJALVA. Constitution asserts that the Congress shall lation pursuant to the following: H.R. 775: Mr. TED LIEU of California, Ms. have power to lay and collect taxes. This bill Article I, Section 8, Clause 1 CLARKE of New York, Mr. VELA, and Mrs. modifies the Internal Revenue Code of 1986 to By Mr. BILIRAKIS: BUSTOS. modify the rules relating to the taxation of H.R. 6011. H.R. 822: Mr. COLLINS of New York. mead and other agricultural wine. Congress has the power to enact this legis- H.R. 846: Mr. HIMES. By Mr. BECERRA: lation pursuant to the following: H.R. 885: Mr. COFFMAN and Mr. JOLLY. H.R. 6001. Article I, Section 8, Clause 1 H.R. 1218: Mrs. ELLMERS of North Carolina. Congress has the power to enact this legis- By Mr. BUCSHON: H.R. 1220: Mr. POLIS, Mr. FRANKS of Ari- lation pursuant to the following: H.R. 6012. zona, Mr. DENHAM, Mr. VALADAO, Mr. KING of Article I, Section 8, Clause 18—The Con- Congress has the power to enact this legis- Iowa, Mrs. LUMMIS, Ms. CASTOR of Florida, gress shall have Power * * * To make all lation pursuant to the following: Mr. WILLIAMS, and Mr. PIERLUISI. Laws which shall be necessary and propoer Article 1, Section 8, Clause 3 of the United H.R. 1453: Mr. REICHERT, Mr. HENSARLING, for carrying into Execution the foregoing States Constitution and Mr. WILLIAMS. Powers, and all other Powers vested by the By Ms. ESHOO: H.R. 1669: Mr. CULBERSON and Mr. BYRNE. Constitution in the Government of the H.R. 6013. H.R. 1705: Mr. YODER. United State, or in any Department or Offi- Congress has the power to enact this legis- H.R. 1854: Mr. MURPHY of Pennsylvania. cer thereof. lation pursuant to the following: H.R. 1904: Mr. JOLLY. By Ms. CLARK of Massachusetts: Article 1, Section 8, clause 3 of the U.S. H.R. 1940: Mr. O’ROURKE. H.R. 6002. Constitution. That provision gives Congress H.R. 2313: Mr. KATKO. Congress has the power to enact this legis- the power ‘‘to regulate commerce with for- H.R. 2315: Mr. JENKINS of West Virginia. lation pursuant to the following: eign nations, and among the several states, H.R. 2368: Mr. BERA, Mr. CARNEY, Ms. Article 1, Section 8 and with the Indian tribes.’’ DEGETTE, and Mrs. LOWEY. By Mr. MESSER: By Mr. NOLAN: H.R. 2747: Mr. RUSSELL. H.R. 6003. H.R. 6014. H.R. 2799: Mr. TED LIEU of California. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 3099: Mr. RICHMOND, Mr. RIBBLE, Mr. lation pursuant to the following: lation pursuant to the following: YODER, Mr. SCHIFF, and Mr. POLIS. Article 1, Section 8 of the Constitution of Article I, Section 8, of the United States H.R. 3119: Mr. VALADAO. the United States. Constitution, specifically Clause 1, Clause 3, H.R. 3175: Mr. BLUMENAUER. By Mr. HURD of Texas: and Clause 18. H.R. 3222: Mr. GRAVES of Missouri and Mr. H.R. 6004. By Mr. PAULSEN: ROE of Tennessee. Congress has the power to enact this legis- H.R. 6015. H.R. 3337: Mr. FOSTER. lation pursuant to the following: Congress has the power to enact this legis- H.R. 3355: Mr. CONYERS, Mr. JOYCE, and Mr. Article I, Section IX, clause VII, of the lation pursuant to the following: GROTHMAN. United States Constitution. Article 1, Section 8, Clause 1—‘‘lay and col- H.R. 3381: Mr. WALDEN and Mr. DEFAZIO. By Mr. DAVIDSON: lect taxes’’ H.R. 3410: Mr. POLIS. H.R. 6005. Article 1, Section 8, Clause 18—‘‘necessary H.R. 3438: Mr. JENKINS of West Virginia, Congress has the power to enact this legis- and proper’’ Mr. GRIFFITH, Mr. GRAVES of Missouri, Mr. lation pursuant to the following: By Mr. POE of Texas: ROKITA, Mr. GROTHMAN, Mr. EMMER of Min- Article I, Section 8, Clause 18: Since Mem- H.R. 6016. nesota, Mrs. WAGNER, Mr. NEWHOUSE, Mr. bers of Congress and other federal employees Congress has the power to enact this legis- MCCLINTOCK, and Mrs. BLACK. are ‘‘necessary’’ to fulfill the constitutional lation pursuant to the following: H.R. 3514: Ms. MATSUI. functions of government, laws determining Article 1, Section 8, Clause 18 H.R. 3522: Ms. LEE, Ms. CLARKE of New the compensation of Members of Congress By Mr. RICHMOND: York, and Mr. PERLMUTTER. and federal employees are constitutional H.R. 6017. H.R. 3535: Ms. SCHAKOWSKY. under the necessary and proper clause. Congress has the power to enact this legis- H.R. 3706: Mr. YODER, Mr. LYNCH, Mr. KEN- By Ms. BASS: lation pursuant to the following: NEDY, Mr. POLIQUIN, Mr. PEARCE, and Mr. H.R. 6006. This bill is introduced pursuant to the DESAULNIER. Congress has the power to enact this legis- powers granted to Congress under the Gen- H.R. 3720: Mr. POLIS. lation pursuant to the following: eral Welfare Clause (Art. 1 Sec. 8 Cl. 1), the H.R. 3779: Mr. RENACCI, Mr. NUNES, Mr. This bill is enacted pursuant to the power Commerce Clause (Art. 1 Sec. 8 Cl. 3), and FARR, Mr. BARR, Miss RICE of New York, Mr. granted to Congress under Article 1, Section the Necessary and Proper Clause (Art. 1 Sec. KILMER, Mrs. ROBY, and Mr. POCAN. 1. 8 Cl. 18). H.R. 3846: Ms. EDDIE BERNICE JOHNSON of Article I. Further, this statement of constitutional Texas and Mr. STIVERS. Section 1. authority is made for the sole purpose of H.R. 3886: Ms. TSONGAS.

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H.R. 3991: Ms. JUDY CHU of California, Mr. H.R. 5531: Mr. ZELDIN. H. Res. 752: Mrs. CAROLYN B. MALONEY of LOWENTHAL, Mr. RYAN of Ohio, and Mr. H.R. 5598: Mr. COURTNEY. New York, Mr. VELA, Ms. TSONGAS, and Ms. GALLEGO. H.R. 5599: Mr. COURTNEY. MCSALLY. H.R. 4043: Mr. YOUNG of Alaska. H.R. 5620: Mr. BUCHANAN. H. Res. 776: Mr. COLLINS of New York, Mr. H.R. 4179: Mr. RUIZ. H.R. 5625: Ms. MICHELLE LUJAN GRISHAM of LUETKEMEYER, Mr. JOHNSON of Ohio, Mr. H.R. 4272: Mrs. ROBY. New Mexico and Mr. CLAY. MACARTHUR, and Ms. PINGREE. H.R. 4352: Mr. YODER. H.R. 5668: Mr. CARTER of Georgia. H. Res. 813: Mr. GENE GREEN of Texas. H.R. 4365: Mrs. BUSTOS. H.R. 5689: Mr. NEAL. H. Res. 817: Mr. COOK. H.R. 4514: Mr. FLORES, Mr. BRENDAN F. H.R. 5719: Mr. HULTGREN. H. Res. 845: Mr. HUFFMAN, Ms. MATSUI, Mr. H.R. 5732: Mr. FLORES, Mrs. LOWEY, and Ms. BOYLE of Pennsylvania, Mr. SCALISE, Mr. MOULTON, Ms. SPEIER, Mr. ZELDIN, Mr. MAC- SCHAKOWSKY. NUGENT, Mr. SMITH of New Jersey, Ms. FOXX, ARTHUR, Mr. MURPHY of Florida, Mrs. WAT- H.R. 5746: Ms. MICHELLE LUJAN GRISHAM of and Ms. DELAURO. SON COLEMAN, Ms. ESHOO, Mr. SWALWELL of New Mexico, Ms. FUDGE, and Ms. LOFGREN. H.R. 4567: Mr. LOWENTHAL and Mr. PETER- California, Mr. CARNEY, Mrs. CAPPS, and Mr. H.R. 5754: Mr. RENACCI and Mr. PAULSEN. SON. CAPUANO. H.R. 5759: Mr. MULVANEY. H.R. 4592: Mr. AMODEI and Mrs. ELLMERS of H. Res. 850: Mr. BUCHANAN, Mr. YARMUTH, North Carolina. H.R. 5760: Mr. MULVANEY. H.R. 5801: Mr. LABRADOR. and Mr. BYRNE. H.R. 4615: Ms. MCSALLY. H.R. 5853: Mr. HARPER, Mr. GRAVES of Mis- H. Res. 853: Mr. SALMON, Mr. GOHMERT, Mr. H.R. 4662: Mr. WALBERG. souri, and Mrs. HARTZLER. DUNCAN of South Carolina, and Mr. GIBBS. H.R. 4695: Mr. YOUNG of Iowa. H.R. 5855: Mr. SCHIFF. H.R. 4764: Mr. ROUZER, Mr. CARTER of H.R. 5879: Mr. TOM PRICE of Georgia and f Texas, and Mrs. WAGNER. Mr. MARCHANT. H.R. 4784: Ms. SINEMA and Mr. ASHFORD. H.R. 5902: Mr. FITZPATRICK. H.R. 4818: Mr. LUCAS, Mr. EMMER of Min- CONGRESSIONAL EARMARKS, LIM- H.R. 5904: Mr. LOUDERMILK and Mr. HEN- nesota, and Mr. COLE. ITED TAX BENEFITS, OR LIM- SARLING. H.R. 4832: Mr. PETERS. ITED TARIFF BENEFITS H.R. 5910: Mr. BUCSHON. H.R. 4919: Mr. CRENSHAW, Mr. SESSIONS, Ms. H.R. 5931: Mr. ALLEN, Mr. MULVANEY, Mr. Under clause 9 of rule XXI, lists or MATSUI, Mr. ISRAEL, Mr. YODER, Mr. ROKITA, Mr. BOST, Mr. HARPER, Mr. BUCSHON, GUTIE´ RREZ, Mr. GRIJALVA, and Mrs. WATSON statements on congressional earmarks, Mr. VALADAO, and Mr. BISHOP of Michigan. limited tax benefits, or limited tariff COLEMAN. H.R. 5932: Mrs. DAVIS of California, Mr. benefits were submitted as follows: H.R. 4959: Mr. GUTHRIE. LOWENTHAL, Mr. JONES, and Mr. HIGGINS. H.R. 5007: Mr. RICE of South Carolina. H.R. 5942: Mr. BYRNE, Mr. FARENTHOLD, and OFFERED BY MR. THORNBERRY H.R. 5009: Ms. ESHOO and Mr. LANCE. ´ Mr. BEN RAY LUJAN of New Mexico. The provisions that warranted a referral to H.R. 5122: Mr. NUNES. H.R. 5948: Mr. SWALWELL of California, Ms. H.R. 5143: Mr. MACARTHUR. the Committee on Armed Services in H.R. JUDY CHU of California, Mr. LAMALFA, Mr. 5351 do not contain any congressional ear- H.R. 5167: Mrs. LOVE, Mr. WALZ, and Mr. CA´ RDENAS, Mr. DESAULNIER, and Mr. TED SMITH of Texas. marks, limited tax benefits, or limited tariff LIEU of California. benefits as defined in clause 9 of rule XXI. H.R. 5183: Mr. MACARTHUR, Mr. YARMUTH, H.R. 5951: Mr. WILLIAMS and Mr. VELA. and Ms. ROS-LEHTINEN. H.R. 5957: Mr. CARSON of Indiana, Ms. f H.R. 5204: Mr. MCNERNEY. TITUS, and Mrs. COMSTOCK. H.R. 5209: Mr. POLIQUIN. H.R. 5970: Mr. WEBER of Texas. H.R. 5221: Mr. MCNERNEY. H.R. 5978: Mr. ZELDIN. PETITIONS, ETC. H.R. 5254: Mr. DONOVAN. H.R. 5980: Mr. GRIJALVA, Mrs. ROBY, Mr. Under clause 3 of rule XII, H.R. 5272: Ms. LOFGREN. MCGOVERN, and Mr. YARMUTH. H.R. 5351: Mr. NUNES, Mr. BURGESS, Mr. H.R. 5982: Mr. WALBERG and Mr. JORDAN. 86. The SPEAKER presented a petition of NUGENT, Mr. MURPHY of Pennsylvania, Mr. H.R. 5999: Mr. THOMPSON of Pennsylvania, Bar Association of Puerto Rico Governing SCALISE, Mr. ROUZER, Mr. MOOLENAAR, Mr. Mr. NEWHOUSE, and Mr. OLSON. Board, relative to Resolution Number 26, to OLSON, Mr. BABIN, and Mr. ROSS. H. Con. Res. 26: Mr. WOODALL and Mr. JODY express the repudiation of the Governing H.R. 5398: Mr. DESJARLAIS. B. HICE of Georgia. Board of the Bar Association of Puerto Rico H.R. 5418: Mr. RATCLIFFE, Mr. HUELSKAMP, H. Con. Res. 140: Mr. HOLDING, Mr. with regard to H.R. 4900, Oversight Board to Mr. WILLIAMS, Mr. SANFORD, and Mr. WEBER BUCHANAN, Mr. TURNER, Mr. LATTA, Mr. assist the government of Puerto Rico, in- of Texas. AGUILAR, and Mr. ROKITA. cluding instrumentalities, in managing its H.R. 5465: Mr. LABRADOR. H. Con. Res. 141: Mr. LOWENTHAL, Ms. public finances, and for other purposes, also H.R. 5499: Mr. WALBERG, Mr. CARTER of SLAUGHTER, and Mr. OLSON. known as the Federal Fiscal Control Board Georgia, Mr. GRAVES of Georgia, Mr. BRAT, H. Res. 590: Mr. LUETKEMEYER and Mr. for Puerto Rico; which was referred to the and Mr. ROSS. HINOJOSA. Committee on Natural Resources.

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