Mr. Speaker, I yield myself as much time as I may consume. H.R. 5953, as amended, would direct the Secretary of Veterans Affairs to display in each VA facility a Women Veterans' Bill of Rights. Included as part of the manager's amendment…
Mr. Speaker, I yield myself as much time as I may consume.
H.R. 5953, as amended, would direct the Secretary of Veterans Affairs to display in each VA facility a Women Veterans' Bill of Rights. Included as part of the manager's amendment is H.R. 5428, a bill to direct VA to create, educate, and inform staff and veterans about an Injured and Amputee Veterans' Bill of Rights.
The intent of the bill is laudable. The sacrifices of women, injured and amputee veterans should be recognized and respected. And, unquestionably, they have unique needs that require specialized care and services. But H.R. 5953 is a flawed bill that has been brought to the floor under a flawed process.
In Congress, certain procedures are put in place to ensure that policy is done correctly. Under regular order, once a bill has been introduced, it's referred to a committee of jurisdiction. Once in committee, it may be referred to a particular subcommittee or held in full committee, where hearings and markups--and that for the public would be votes--are held and Members and interested stakeholders are given the opportunity to examine legislation for sound policy and unintended consequences. If Members desire, they may offer amendments to improve a bill before it's voted out of committee and brought to the House floor for further debate before being voted on by the full House.
This is a time-tested democratic process, and I have seen numerous bills made better when we follow regular order. Instead, this bill is being brought to the floor in a closed process. It bypasses regular order in spite of numerous and serious objections, including those of our ranking member, Congressman Buyer.
We were supposed to have debated and voted on H.R. 5953 yesterday, but it was pulled from consideration at the very last minute after grave concerns were raised by the Pro-Life Caucus, the National Right to Life Committee, the Concerned Women for America, and the United States Conference of Catholic Bishops, among others, over language that could have created a legal basis to require government-funded abortions at VA medical centers. I am pleased that a new section was added to the bill we will consider today that is intended to address these particular concerns.
However, H.R. 5953, as amended, still continues to raise significant policy questions, including whether rights are consistent with current veterans' health care eligibility under title 38 of the United States Code.
Among these rights in question are the right to equal consideration in hiring and employment. This right seems to create an unfounded expectation regarding employment in both public and private sectors but leaves the meaning of equal consideration unknown. Equal to whom or what? Do existing employment laws and regulations meet this new undefined standard or will additional regulations be required?
The right for female veterans to have female personnel assist them in their disability claims process. It is unclear whether this provision refers to VA employees, to veterans service organizations, to others who may assist a veteran in filing or appealing a claim, or to all of the above groups. But VA has no control over the gender of third parties who represent claimants before VA.
Similarly, the right for female compensation and pension examiners to be made available to women veterans is problematic. There are several locations where a female examiner may not be present, which could place the female veteran at a disadvantage for a timely exam.
Correcting issues like these are why we have a hearing process. Good government is worth taking our time.
The Committee on Veterans' Affairs has never held a hearing on H.R. 5953. Consequently, Members have not been provided the opportunity to examine or amend the legislation to rectify any unintended consequences the bill could have or to improve it. Even the VA has not been provided the opportunity to present their official views, and none of the veterans service organizations or other interested stakeholders have been provided the opportunity to comment on the bill, which could directly impact so many of their daily lives.
Additionally, we are going to vote on the bill without knowing what it will cost because the Congressional Budget Office was not given the opportunity to prepare a cost estimate.
Yesterday, a last-minute fix was needed to ensure this bill would not provide a basis for federally funded abortions. What else is in the bill that may require a fix? We don't know because we weren't able to properly vet it before it was brought to the floor.
How would this Bill of Rights be enforced? What would happen if VA personnel didn't comply? We don't know.
What we do know is the VA already has a comprehensive list of patients' rights displayed in each facility. The existing Bill of Rights applies to each and every veteran and includes the right to be treated with dignity, compassion, and respect, and the right to information about VA benefits to which you may be entitled and other important rights for veteran patients cared for in a VA medical facility, including women veterans and veterans with amputations.
I and my Republican colleagues are strongly committed to meaningful oversight for the benefits and services we provide for our veterans. I would have appreciated the opportunity to have a voice in the process of bringing H.R. 5953 to the floor today. That is why the voters of Tennessee sent me to Congress, and I fully intend as a member of the VA Committee to ask for hearings on these issues in the 112th Congress.
I just want to say, the chairman and I have worked on many things together during this past year, many good things. And I, as a veteran, I am a veteran, and I am an Ob/Gyn physician who has treated veteran patients for over 30 years in my community, which has a veterans hospital, so I am very well aware of these issues.
I certainly agree with a Bill of Rights. The problem is we had no way and no process in which to look through this.
I understand what the chairman--as I said, it's laudable what he wants to do. I agree with many of the issues here. I have no problem with that. I am here discussing basically the process of how we got here to the floor.
I reserve the balance of my time.
Mr. Speaker, again, this bill, 5953, did not come in from the full Veterans' Affairs Committee like other bills that I've seen. Again, I'm new, as you are. I have been here 2 years. But what I've seen is these bills come up. We have a markup, and a markup means just a vote on the bill, and then the chairman will ask, Are there any amendments at the table? We will discuss those amendments and vote them up or down. We didn't have a chance to vet that with this process.
And I think it's a laudable thing, as I have said, to do. I certainly see many things in here, and I've got the Bill of Rights right here that the VA has posted on the wall, and I certainly would have liked to have had the opportunity to go over this Bill of Rights. This particular bill was introduced July 29, 2010. I was at all the Veterans' markups. I certainly didn't miss this one, and it didn't come through the regular order. That's my complaint, not the content so much.
I yield back the balance of my time.