Madam Speaker, I yield myself such time as I may consume. Madam Speaker, you are going to hear today and we have a series of bills, many of them historic in nature, many of them--all of them-- worked…
Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, you are going to hear today and we have a series of bills, many of them historic in nature, many of them--all of them-- worked in a bipartisan manner.
There has been a lot of talk lately of the one place in Congress that is really functioning well, and that is in the Veterans' Affairs Committee, and I would echo that. It is because of the commitment, the dedication, and the end state that all of us agree on is the best possible care for those warriors willing to put their lives in harm's way, their families, and the care that was pledged to them.
Also, with that being said, democracy is hard. It requires us to do the work here, with the stakeholders, and there is no issue that has a more committed group of stakeholders than the veterans' community. Some of the names you are going to hear of veterans service organizations are a hallmark and a bedrock of not just veterans' issues, but of our communities. We work with them hand in hand to make sure that this Congress understands exactly what they need.
And democracy is hard. It is that old sausage-making adage sometimes. It is a disappointment to me that we are on the floor because I think we are just a little bit early; I think we are about a day. Like we have before, we stood on this floor when we had a very important accountability bill forward, and I said at that time we were going to have to work with the Senate to make sure we got something passed. We did that, it passed, and I am proud that we were able to do that.
It happened with the GI Bill that is coming up. The first run we went at it did not work because we had not built that collaboration, and I am disappointed today that I believe S. 114 has fallen into that.
This is a very fast-moving problem, because I want to be clear. What this does is it extends veterans' access to care in the community through the Veterans Choice Program without providing additional resources for the Department of Veterans Affairs to enhance its internal capacity.
I agree with my colleague who was very clear about the capacity of the VA, what Choice does, and I would absolutely echo not funding this program before we leave for the August recess is unacceptable. But not getting a bill that the Senate can agree on, not getting a bill that the President can sign, and not getting a bill that actually does what we are supposed to do is also not acceptable.
The gentleman is also right: we have quadrupled the VA budget, and I am proud of that. I also think it is probably not lost on anyone that that started in 2001 at the same time that we fought America's longest war and are still engaged around the world, with an aging population of Vietnam, Korean, and World War II veterans.
As it became apparent that the Veterans Choice Program was facing a funding shortfall earlier this summer, nine veterans service organizations--Disabled American Veterans, the American Legion, Veterans of Foreign Wars, Paralyzed Veterans of America, AMVETS, Iraq and Afghanistan Veterans of America, Military Officers Association of America, Military Order of the Purple Heart, and Vietnam Veterans of America--issued a letter which provided very clear guidance to House and Senate leadership and House and Senate Veterans' Affairs Committees in terms of a solution, and I include in the Record the letter from these organizations.
June 28, 2017.
Hon. Johnny Isakson,
Chairman, Senate Veterans' Affairs Committee, Washington, DC.
Hon. Jon Tester,
Ranking Member, Senate Veterans' Affairs Committee,
Washington, DC.
Hon. Phil Roe, M.D.,
Chairman, House Veterans' Affairs Committee,
Washington, DC.
Hon. Tim Walz,
Ranking Member, House Veterans' Affairs Committee,
Washington, DC.
Dear Chairmen Isakson and Roe, Ranking Members Tester and
Walz: As leaders of the nation's largest veterans service
organizations, and on behalf of our combined five million
members and auxiliaries, we write to urge you to
expeditiously reach agreement on and advance legislation to
ensure continuous access to health care for millions veterans
enrolled in the Department of Veterans Affairs (VA) health
care system, including care provided through the Choice
program. Specifically, we call on you to reach agreement on
an emergency appropriation and authorization bill that would
address urgent resource shortfalls endangering VA's medical
care programs--including Choice, community care and medical
services. Further, in order to prevent these problems from
recurring in the future, we call on you to equally invest in
modernizing and expanding VA's capacity to meet rising demand
for care, as well as finally address the glaring inequity in
law that prevents thousands of family caregivers from getting
the support they need to care for their veterans severely
disabled before September 11, 2001.
In recent weeks, VA Secretary David Shulkin has repeatedly
made clear in his public statements and congressional
testimony that current funding is no longer projected to be
adequate to meet the needs of an increasing number of
veterans seeking medical treatment directly through the VA
system as well as through community care programs,
particularly the Choice program. Secretary Shulkin has made
clear that rising demand for care by veterans has consumed
more VA resources than previously anticipated, threatening
the ability of VA to meet all of its obligations to ill and
injured veterans both this year and next. Although Public Law
115-26 extended the Choice program beyond its prior sunset
date of August 7, 2017, VA now projects it will likely run
out of funding prior to the end of fiscal year (FY) 2017
unless additional funding is made available. Further, based
on recent utilization trends, VA projects a higher demand for
both community care and Choice next year (FY 2018), and
anticipates additional funding requirements above the budget
request made just weeks earlier. In order to ensure
continuation of the Choice program--and absent an infusion of
new funding--VA has stated its intention to take
extraordinary budget
actions, including pulling back unobligated funding from VA
medical facilities and utilizing funding in FY 2017 that had
been designated as carryover funding for its FY 2018 budget
request, thereby further reducing available medical care
resources for next year.
Messrs. Chairmen and Ranking Members, our nation has a
sacred obligation to ensure the men and women who served and
sacrificed to defend our way of life receive timely, high-
quality health care through a fully-funded VA health care
system, which includes community care or Choice options
whenever and wherever necessary. With the Choice program
rapidly running out of funds and its successor community care
program still many months away, it is imperative that
Congress not allow veterans to go without needed care before
this transition is completed.
We note that VA's FY 2018 budget submission included a
request for $3.5 billion in mandatory funds to continue the
Choice program. In order to meet Congressional PAYGO
requirements, VA also included two legislative proposals we
vehemently oppose which would cut billions of dollars from
veterans disability compensation through changes to
Individual Unemployabilty eligibility and rounding down cost-
of-living adjustment (COLA) increases to ``pay'' for the new
Choice funding. We find it absolutely unconscionable to cut
benefits for disabled veterans to ``pay'' for their medical
care. Congress imposed these PAYGO rules on itself and
Congress has the authority to waive them by designating new
funding for the existing Choice program as emergency
spending, just as it did when the Choice program was created
in 2014 through Public Law 113-146, the Veterans Access,
Choice and Accountability Act (VACAA). It is our
understanding that the actual need to continue the Choice
program for the balance of this year and through the end of
FY 2018 is approximately $4.3 billion.
We remind you that the primary reason the Choice program
was created was to address gaps in access due to the lack of
clinicians and clinical space necessary to provide timely
access to health care for all enrolled veterans. As such,
VACAA not only included emergency funding to allow additional
access to community care outside VA, it also contained
funding to rebuild and expand capacity inside VA. Therefore,
we call on you to continue this commitment to strengthen and
modernize the VA by providing equal emergency funding to
address VA's infrastructure and personnel gaps. There are at
least 27 VA health care facility leases awaiting funding in
order to be activated. In addition, there are dozens of minor
and major construction projects that require billions of
dollars in funding to sustain and expand VA's capacity to
provide timely care to enrolled veterans. Furthermore, VA has
tens of thousands of vacant positions which will require not
just funding, but innovative new programs to recruit and
retain hard-to-fill clinical positions in many areas of the
country. Therefore, we call on you to include an equivalent
level of funding--$4.3 billion--to support VA's internal
capacity to deliver care.
Finally, since enactment of the Public Law 111-163 in 2010,
which created the Program of Comprehensive Assistance for
Family Caregivers (PCAFC), eligibility has been restricted to
caregivers of severely disabled veterans injured or made ill
on or after September 11, 2001. The clear intention of the
law was to initiate this program rapidly for post-9/11
veterans to address their urgent needs, thereafter working to
expand the program to meet the critical needs of family
caregivers of seriously disabled veterans of all generations
as soon as feasible. However seven years later, Congress has
yet to begin addressing the blatant unfairness facing
caregivers of severely disabled veterans injured prior to
September 11, 2001. As Secretary Shulkin and other experts
agree, supporting caregivers who allow veterans to remain in
their homes will save VA money that would otherwise need to
be spent for long term institutional care. Therefore, we call
on you to include both authorization and funding to eliminate
this indefensible inequity based on existing bipartisan
legislation in the Senate (S. 591) and the House (H.R. 1472,
In their letter from June 28, they wrote: ``Specifically, we call on you to reach an agreement on an emergency appropriation and authorization bill that would address urgent resource shortfalls endangering VA's medical care programs--including Choice, community care and medical services. Further, in order to prevent these problems from recurring in the future, we call on you to equally invest in modernizing and expanding VA's capacity to meet rising demand for care. . . .''
Choice means choosing to go to the VA hospital and choice means choosing to use community care. Both are equal opportunities for our veterans to get the care they need.
The current bill before us does not meet the requirements asked for by our veterans service organizations. In fact, in order to keep the Veterans Choice Program going, House leadership and the Budget Committee have refused to see this as an emergency and are requiring $2 billion in offsets to pay for the bill.
While the actual offsets being offered are noncontroversial and are the ones the committee has used in the past, the fact that the leadership is requiring offsets from VA programs to pay for private care is wrong--all of this to appease a small vocal minority who simply sees any spending as unnecessary.
On Friday, a number of the same VSOs listed above issued a joint statement, which noted:
``Veterans healthcare benefits have already been `paid for' through the service and sacrifice of the men and women who wore our Nation's uniform, millions whom suffered injuries, illnesses and lifelong disabilities.''
I agree with them. Without emergency funding, robbing Peter to pay Paul, an analogy used by the Paralyzed Veterans of America, is not a viable path. It is actually robbing future Peter to pay current Paul.
Had it been apparent VA would be facing this shortfall, Congress maybe would have never extended the Veterans Choice Program beyond its sunset of August 7 and would have, instead, begun working on legislation that would have consolidated VA's multiple community care programs into one easy-to-understand and -use program.
I reiterate: Choice is not a permanent VA program. Now, it may end up being that. It may be someone's wish, but it is not. It was a short- term fix that was testified we need to extend the program. Several weeks later, leadership of the VA came back and told us they are 4- point-whatever billion dollars short and asked us to fix it. That is not the chairman's fault; that is not the Members of this House's fault; but it is our responsibility.
Now, the question is: How do we ensure that the care is continuous? How do we make sure care is not interrupted? How do we make sure a veteran who is getting chemotherapy in the private setting right now is not told to not come back because we are not going to pay it?
The sense of urgency is with all of us. What I ask is that we try and come back, take a look at what we can do. And I will say this: the chairman of the Veterans' Affairs Committee in the House has made as good faith an effort to do this as anyone could possibly ask. I understand the challenges coming from a broader caucus and asking for this. This, where we are at today, is significantly changed from where we started, but it is apparent, in the Senate, that it will not pass.
We will not have money for the Veterans Choice Program, so we need to
decide: Do we stand and make a statement of ideological, fiscal, whatever they want to call it, or do we come together, unanimously agree on something we can move forward, build capacity into the VA to assure that Choice is there, everything from the research into the VA to the care in the communities, and come together to find that?
Moreover, these shortages are further reinforced in Choice when you take into account veterans' reliance on VA's system for care has steadily increased. While enrollment has been flat in fiscal years 2014 through 2016, the total number of veterans utilizing VA healthcare has grown by 3 percent. The total appointments in VA increased by more than 5 percent during this period.
In order to address that need, since the Veterans Choice Program was implemented, the total number of community care appointments has increased by 61 percent, and more than 25 million appointments were completed in fiscal year 2016. Over one-fifth of this care was completed in the Veterans Choice Program. No disagreement. Community care has always been there, and community care is an absolute staple of the VA.
What is also not debatable is capacity inside the VA must remain there. Any shortfall in capacity is going to distort where people are getting their care.
While we are not here to oppose the premise of veterans having access to care, members of my Caucus, as this stands right now, cannot go forward until we figure out how we are going to come to a compromise that gets the capacity as it should be in the VA and also allows us and everyone--we should never have this discussion in this House. If we can't find compromise that gets something across the finish line that actually does something for veterans, everything else is just messaging for politics.
Madam Speaker, I look forward to the chairman's words, and I reserve the balance of my time.
Madam Speaker, I yield myself such time as I may consume.
I would just like to respond to the chairman.
I, too, have not made the argument on privatization. I do not believe that is the goal here. I do not believe that is what we talked about. If there are those that have that, that is not the intention of this committee, the chairman, his staff, or anyone involved with this.
And when we did talk--and I think this could be an interesting way for this House to listen to how we do this. There was transparency in these negotiations, and we sat in front of people and did them. And one of the issues in there was we had to build the capacity amongst the VSOs.
We need to stop for a minute. There may be times we need to take those hard votes against it, but I ask all of the Members to think about this, Madam Speaker. All of the veterans service organizations have lined up in opposition to this.
Now, that doesn't mean that they are totally right, and it doesn't mean that there isn't something here we can talk and debate about. The question is trying to get their goodwill.
I think when we talked the last time, we had some leases, and I am not calling them token, but in the budget of the big VA, which I do think in many cases is adequately funded, trying to get some of that to show the sense of goodwill.
If I were counting on the decision being made strictly by the VA Committee, I would encourage people to know this would get done, but I am deeply concerned we are going to see a Frankenstein monster of appropriation process this week that in no way resembles regular order. That has nothing to do with this committee.
Again I would say, if it were left to us, bifurcating this issue and coming back and fixing it, I have faith in that. In this House of Representatives and the leadership now, I do not have that, nor do the veterans service organizations.
So the question here is not questioning the motive, the question here is not a false canard of privatization versus inside-the-VA care, it is not even the discussion we are having right now of the adequacy overall of the whole budget; it is a case of the VA leadership running a program, running out of money way before they had, and coming to the House and telling us that. And this is not and cannot be made that the idea is you are going to go home without funding the VA. No one will say that about you, and no one should say that about us. Everybody in this House will get this thing done and get it funded. So it is not the case.
I do understand this: we are against the wall, we are under the gun, because they just handed us this. So it is our job to figure out how to build everybody into this.
So the things that are being asked to do with the Choice Program, I support that. The offsets and pay-for, I disagree with. To make that work, our side was willing to say: Can we show some good faith and fund some of these leases and get some payments for these folks in terms of an emergency spending? But I understand the difficulty is if a spending bill comes, there is going to be a vocal group of folks who are going to make the case, as we have seen, that makes it very difficult to move legislation.
Madam Speaker, you have witnessed it with healthcare, you have witnessed it with other things, that we are going to have to compromise. If we get into our corners, it is not going to work.
So I want to be very clear. The motives of the chairman to care for our veterans is unquestioned, Choice being funded is unquestioned. Making sure there is capacity and goodwill and the funding needs in these leases and some of the things we are asking for is a necessity to make sure the Senate can pass this, and that it shows them that we are moving in the right direction.
So I would ask, give us a day, have us come back at this. Don't put this thing on the board to fail and then let everyone else take the message. Everyone here knows we are going to end up here and pass something that can be signed into law, and that will happen. The questions are: Do we do damage amongst ourselves; do we keep the goodwill and the collaboration; or do we decide we need to make a message first, then come back and then blame someone because they are not funding the veterans? No one in here wants that to happen.
Madam Speaker, I reserve the balance of my time.
Madam Speaker, may I inquire how much time I have left.
Madam Speaker, I yield 5 minutes to the gentleman from California (Mr. Takano), the vice ranking member of the full Committee on Veterans' Affairs.
Madam Speaker, I have no further speakers. I am prepared to close, and I yield myself the balance of my time.
Madam Speaker, to be clear, we are very aligned on the goals here. I am not implying that wait times went down if we didn't have Choice. I was on the conference committee that created Choice as part of it. There is community care that has been there. There is also a $12 billion shortfall in facilities rated D and F. We had sewer lines breaking and running feces back into hospitals, those types of things.
I am not saying that maybe the money is not already there or they are not using it correctly. The fact of the matter is this was a program that was created out of the crisis of Phoenix. It did not stand up as quickly as it could have; it was plagued with tons of problems that many of us heard about. We kept committed to it. I would argue that they are getting their legs under them and providing care in a timely manner.
It grossly overspent where it was at. We have had no audit. And I think we need to keep this in mind, that on this side of the aisle, I will be the first to talk to anyone who grandstands this and makes this as a case that this is a failure at the VA or the administration. I don't know that yet.
What I would say is we are all in this together, so we want to get it done. I am simply making the case today that in light of opposition that is rarely seen from the VSOs in such opposition to this, that even though the outcome is there, and nothing the chairman said was incorrect, it is the spirit of what it takes to legislate that is missing around here. You can go to the White House after passing a bill in the House, and if the Senate doesn't do anything, it is not a law.
So we have other people to deal with: constituents, veterans, veterans service organizations, Democrats in the Senate, Republicans in the Senate, Democrats on this side.
So what I am asking is, just give a little on the side of what it takes to build the coalition, get the thing passed, and then let's go back and fund VA care and end this ridiculous argument of privatization versus nonprivatization. Wherever a veteran can get the care and access it as quickly, timely, and quality as possible is what we are trying to shoot for. In many cases, that is in the VA; in other cases, it is in the community. So this is not a drop-dead.
My hope on this is, is that a debate, when it comes to emergency spending of money and depending on the Senate, is not going to split the goodwill, the good work, and, I would argue, the fair democracy and execution of how the House of Representatives is supposed to work.
So my final statements on this would be, I am in virtual total agreement with the chairman on what needs to be done here. Our differences lie in, he is right, when I went back and talked to people, I could not sell to the VSOs the plan as it is, and they have every right to speak out on that. And we could not sell the Senate at this point.
So what I would ask the gentleman again is, don't make us oppose this piece of legislation simply to make a statement for a few members. Bring it back when we can have the Senate, the VSOs, and everyone in and accomplish our goal.
Madam Speaker, I yield back the balance of my time.
Madam Speaker, on that I demand the yeas and nays.