Mr. Speaker, I thank the ranking member, the gentleman from Minnesota, for yielding. Mr. Speaker, I rise today in support of S. 544. This legislation ensures that the approximately $1 billion left in…
Mr. Speaker, I thank the ranking member, the gentleman from Minnesota, for yielding.
Mr. Speaker, I rise today in support of S. 544. This legislation ensures that the approximately $1 billion left in Choice funding is spent on the critical mission of providing veterans timely access to care.
It would be an abdication of our responsibility to veterans if we allowed this money to go back to the Treasury instead of going to those who need and deserve our support.
I appreciate the efforts from my colleagues on both sides of the aisle for advancing this legislation.
The Choice Act was designed as a rapid response to the veteran wait time crisis, but its framework and implementation has been deeply flawed. Objective analyses found that it is not meaningfully reducing veterans' wait times, and its arbitrary standards have added a layer of confusion for both patients and providers.
There is bipartisan consensus that these concerns must be addressed when the Choice Act sunsets and the funding expires. We can and must do a better job of prioritizing and streamlining veterans' access to care in the community. We can and must do better than the existing Choice Act.
Now, the Choice Act was a temporary emergency measure to address an unacceptable crisis. Unfortunately, it contained language that undermined protections against workplace discrimination for Federal contractors. The next iteration of this law cannot subvert the rights of those who treat and serve our veterans.
The Office of Federal Contract Compliance Programs continues to be a vital tool for ensuring fairness and equality in the workplace. It should apply to everyone that does business with the Federal Government because the Federal Government cannot endorse discrimination of any kind.
I will fight to ensure that this committee and this Congress restores their commitment to equality and fairness as we develop a more streamlined and thoughtful method for connecting veterans with community care.
Mr. Speaker, I include in the Record a letter echoing these concerns from the Human Rights Campaign, the National Women's Law Center, The Leadership Conference on Civil and Human Rights, and the National Partnership for Women & Families.
April 5, 2017.
Dear Representative: We write to express our serious
concerns about H.R. 369/S. 544, which would eliminate the
sunset of the Veterans Choice Program. The Veterans Choice
Program currently includes a provision exempting it from
oversight by the Office of Federal Contract Compliance
Programs (OFCCP). This has diminished civil rights
protections when the Department of Veterans Affairs (VA)
enters into federal contracts for veterans' health care
services. The Veterans Choice Program was always intended to
be a temporary solution to ease the health care access crisis
faced by the veterans receiving care through the VA. We fear
that removing the sunset will open the door to extension of
the program, including extending the provision that strips
critical equal employment opportunity protections from the
men and women serving our nation's veterans. OFCCP must have
full jurisdiction to protect against employment
discrimination and promote equal employment opportunities.
The antidiscrimination rules enforced by OFCCP ensure that
federal contract dollars further equal employment opportunity
and are not used to subsidize unlawful discrimination. OFCCP
plays a unique and vital role in combating unlawful
employment discrimination by federal contractors on the basis
of sex, race, national origin, religion, color, sexual
orientation, gender identity, and disability. It also
enforces the Vietnam Era Veterans Readjustment Assistance
Act, or VEVRAA, which requires nondiscrimination and
affirmative action for special and disabled veterans of any
war, campaign, or expedition in which a campaign badge has
been authorized. In addition, OFCCP guides contractors and
subcontractors on affirmatively promoting equal opportunity
in the workplace and promotes fair and nondiscriminatory
federal contractor workplaces. Many of its regulations
require contractors to take affirmative steps to expand the
pool of individuals from which it recruits, and evaluate
their own practices to identify and address conduct that
limits equal employment opportunities for protected classes
of workers. By conducting compliance audits and systemic
investigations, through its data collection and investigative
authority, OFCCP can aid contractors in identifying and
resolving practices that limit equal employment
opportunities, without relying solely on individuals who are
willing to risk retaliation to challenge unfair employment
practices. OFCCP's historic and current role in ensuring
artificial barriers do not restrict employment based on sex,
race, color, national origin, religion, sexual orientation,
gender identity, disability, or veteran status has improved
opportunities for a wide range of workers across the country
and has ensured that federal tax dollars do not subsidize
discrimination.
Carving out the VA provider agreements from these
antidiscrimination protections, affirmative action rules, and
data reporting requirements has the effect of narrowing
employment opportunities for women, people of color, people
with disabilities, veterans, and LGBT individuals and removes
critical tools for ending employment discrimination and
harassment. Extending the provision that weakens these
protections ultimately threatens harm not only to workers,
but to those who depend on them for care.
There is no appreciable administrative burden that
justifies continuing to suspend these protections and
requirements. Federal contractors and subcontractors with
less than 50 employees and $50,000 in contracts or
subcontracts are not covered by OFCCP's affirmative action
requirements. More than 94 percent of health care and social
assistance firms had fewer than 50 employees in 2009. The
larger providers, those with 50 or more employees and $50,000
or more in federal contracts, should be well-equipped to meet
the minimal administrative obligations associated with
maintaining an affirmative action plan.
The carve-out of VA contractors from the employment
discrimination rules applicable to federal contractors not
only has a detrimental impact on the workforces affected, but
sends a disturbing message that ensuring fair treatment for
women, people of color, LGBT people, veterans, and people
with disabilities is unnecessary and inconsequential. It sets
a precedent for future carve-outs and represents a step
backward from equal opportunity. Any continuation of the
Veterans Choice Program must ensure OFCCP jurisdiction to
enforce the antidiscrimination rules and other equal
employment opportunity protections for these providers.
For further information, please contact the Human Rights
Campaign, the National Women's Law Center, the Leadership
Conference on Civil and Human Rights, or the National
Partnership for Women and Families.
Sincerely,
National Women's Law Center.
Leadership Conference on Civil and Human Rights.
National Partnership for Women & Families.
Human Rights Campaign.