Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I recently joined the Committee on Veterans' Affairs because of its bipartisan history of working together to improve care for our veterans. I stand ready to work with…
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I recently joined the Committee on Veterans' Affairs because of its bipartisan history of working together to improve care for our veterans. I stand ready to work with the committee--in particular, with Chairman Roe--and with every Member of this House to improve and work on the important issues that affect our veterans every day. However, I cannot support this bill, and I strongly urge my colleagues to oppose it.
As this House knows all too well, there is a veterans suicide crisis in this country, a crisis that is enabled by the easy access to firearms. Just last week, the Secretary of Veterans' Affairs, David Shulkin, told the House Committee on Veterans' Affairs that the issue of veteran suicide is one of his highest priorities, and it needs to be a priority of this House as well.
Today, on this day that we have this debate, 20 brave men and women who have worn the uniform in service of this country will take their lives in suicide, and the vast majority of them will use a gun.
As folks all over the country who have helped veterans know, the means matter. Research has shown that more than 85 percent of suicide attempts with a firearm are ultimately fatal compared with just 5 percent for all other means. That is why addressing the public health crisis in the veteran community demands a thoughtful and comprehensive approach: to ensure that veterans in crisis do not have easy access to guns and that they get the care that they need and deserve.
And yet, today, this House is voting on legislation that completely ignores the crisis that many of our most vulnerable veterans are facing. Unfortunately, this bill was rushed to the floor with no consideration in committee, collaboration, or even time for all of us to understand its full implications. The majority scheduled H.R. 1181 for a vote in committee last week with the bare minimum notice required, even having to move the start time of the markup to comply with the 48-hour notice requirement.
During last week's committee markup, I raised the concern shared by many who work closely on this issue that H.R. 1181 would end up being applied retroactively. The result of this bill being applied retroactively would mean that, if it should pass, more than 170,000 veterans currently prohibited from owning a firearm would be able to
pass a background check and buy a gun.
While the chairman expressed his sincere intent and desire that this legislation not be applied retroactively, it is fair to say that reasonable people disagree on how this bill would be implemented. This honest disagreement, alone, illustrates exactly why this House should be taking its time on a bill that could have such a profound impact on our Nation's veterans.
The fact of the matter is that, should H.R. 1181 be signed into law, it would need to be read together with the NICS Improvement Amendments Act of 2007, which requires--requires--Federal agencies to update the records they have previously shared with NICS, meaning, should this bill pass, the VA would be required to remove the 170,000 records they have previously shared with NICS since none of those were approved by a court, nor did they meet the new standard established by this bill.
Now, with respect to the text of the bill itself, the Veterans 2nd Amendment Protection Act, contrary to its name, would create an end run around the firearms mental health prohibitor that we have attempted to refine and improve since Congress passed the Brady Act nearly 20 years ago and the bipartisan NICS Improvement Amendment Act of 2007.
Put simply, this bill would make it easier, not harder, for those veterans in crisis to get access to a firearm by establishing a new judicial requirement that is far higher than any other agency's or department's implementation of the firearms mental health prohibitor, and, quite frankly, would be impractical, if not impossible, for the VA to actually use. The VA is already strapped for resources, and it is unclear if it has the legal standing to initiate a legal proceeding such as that suggested in the bill.
As Members of this House know very well, there has been a fierce debate in this country over the meaning and extent of the Second Amendment right to bear arms. But the question before this House today is not whether an American has a right to own a firearm. The Supreme Court has been very clear on this issue, and the controlling law has been settled. However, constitutional rights are not absolute. As the late Justice Scalia wrote in the controlling Supreme Court Heller decision on the Second Amendment, ``the Second Amendment is not unlimited.''
The question before this House is whether we are going to summarily overturn the VA's efforts over the last 20 years to help prevent veteran suicide and protect veterans' families by reporting the names of veterans with serious mental health issues to the National Instant Criminal Background Check System, known as NICS.
Supporters of this legislation argue that the current process used by the VA to share mental health records with NICS is overinclusive and must be thrown out and replaced with a process that ensures veterans' due process rights.
I agree that the current process is overinclusive, and I agree that we must do more to ensure veterans have sufficient notice, an opportunity to be heard, and a meaningful opportunity to appeal any decision that may impact their constitutional rights; and I stand ready to work with my colleagues on the committee and in this House to more specifically tailor the application of the firearms background checks law as it applies to veterans, both prospectively and retroactively.
But a wholesale elimination of the VA's long-established practice to help keep firearms out of the hands of veterans who are at serious risk of harming themselves or others is dangerous and misguided.
To be clear, of the 170,000 veterans currently prohibited from owning a firearm, as of 2015, almost 20,000 of them were diagnosed with schizophrenia, over 11,000 with dementia, and over 5,000 with Alzheimer's. For a veteran suffering with a significant mental health condition like one of these, access to a firearm is a serious matter.
Moreover, just 3 months ago, this Congress passed bipartisan legislation that codified a process for how the VA can make a determination of the mental capacity of a veteran before that information is sent to NICS. The 21st Century Cures Act, which passed this House 3 months ago by a vote of 392-26, required a veteran to be provided notice of a proposed financial competency determination and given an opportunity to be heard, present evidence, and be represented at a hearing.
H.R. 1181 seeks to undo this carefully crafted compromise before we even have a chance to study the impacts of the 21st Century Cures Act or the VA's existing practices.
Mr. Speaker, I include in the Record a letter signed by 12 veterans, including retired Generals Stanley McChrystal and David Petraeus, whose leadership and support for our military and veterans community is unquestioned and who believe that this bill could put mentally ill veterans in harm's way by giving them easy access to firearms.
Veterans Coalition for
Common Sense,
March 14, 2017.
Hon. Mitch McConnell,
Majority Leader, U.S. Senate,
Washington, DC.
Hon. Paul Ryan,
Speaker, House of Representatives,
Washington, DC.
Hon. Chuck Schumer,
Minority Leader, U.S. Senate,
Washington, DC.
Hon. Nancy Pelosi,
Democratic Leader, House of Representatives,
Washington, DC.
Dear Majority Leader McConnell, Leader Schumer, Speaker
Ryan and Leader Pelosi, As dedicated service members and
members of the Veterans Coalition for Common Sense, we write
to you today to express our grave concerns with legislation
being considered by Congress, the Veterans 2nd Amendment
Protection Act. This proposal would put America's veterans
who need our support the most in harm's way by providing them
with easy access to firearms. Instead of passing this
irresponsible and dangerous legislation, Congress should
instead do more to guarantee that all veterans have access to
world-class medical and counseling services. We urge you to
oppose this bill.
Our nation is facing a devastating epidemic of veteran
suicide. The bill you are debating comes at a time when an
average of 20 veterans commit suicide each day, two-thirds of
whom do so by using a firearm. We know that non-deployed
veterans are at a 61 percent higher risk of suicide compared
to the American civilian population, and deployed veterans
are at a 41 percent higher risk. Firearms are the most lethal
means when it comes to suicide, resulting in death nine out
of ten times. When vulnerable veterans have access to
firearms, they can do harm not only to themselves but also to
family members and loved ones. The impact of these tragedies
is felt in communities across our nation.
Last week, we were pleased to hear Secretary of Veterans
Affairs (VA) David Shulkin announce his intent to provide
urgent mental health care services to veterans with other-
than-honorable discharges. This is a step in the right
direction. Over 22,000 soldiers in the Army alone have
received these bad paper discharges since 2009 due to mental
health conditions, and they are among the ones who most need
access to comprehensive mental health services.
But they are not the only ones. In 2008, President Bush
signed a law requiring all federal agencies to submit the
names of individuals who are legally prohibited from
possessing guns to the National Instant Criminal Background
Check System (NICS). Since then, the VA has submitted over
174,000 names of servicemen and women who require a fiduciary
to manage their benefits and have been determined through
clear and convincing evidence to meet the federal standard
for gun prohibition. Of these 174,000, 19,000 are individuals
that suffer from schizophrenia and another 15,000 have severe
Mr. Speaker, I include in the Record a letter from Everytown for Gun Safety and a coalition letter led by the Newtown Action Alliance signed by over 40 organizations from around the country opposing this bill.
Everytown for Gun Safety,
New York, NY, March 7, 2017.
Re Reject H.R. 1181, which would put U.S. veterans in danger.
Hon. Phil Roe,
Chairman, House Committee on Veterans' Affairs, Washington,
Mr. Speaker, I recognize that the current practice of information sharing between the VA and NICS is overinclusive and that alternatives should be explored that would more appropriately balance veterans' Second Amendment rights with ensuring that veterans who pose a danger to themselves or to others do not have access to firearms.
This bill, however, was not considered through regular order and no genuine attempt was made to work across the aisle or with the VA to craft a real solution that addresses the real crisis of veterans' suicide in this country.
I stand ready to work with the chairman to address legitimate concerns regarding the VA process. And in fact, just yesterday, I visited at length with VA Secretary Shulkin on how we can all work together to keep our veterans safe and get them the care and support they and their families need.
I cannot support any bill, especially one addressing an issue as important as veterans' suicide, through this rushed process.
I ask all of my colleagues to join me in opposing H.R. 1181. Our veterans put their lives on the line for this country. We shouldn't put their lives and their families at risk when they need us most.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume to respond to the assertion that there is no due process in this act and that the 21st Century Cures Act did not do anything to help veterans.
The 21st Century Cures Act codified the following due process guaranteed to veterans through the VA. Individuals are notified by the VA that a fiduciary is recommended and are allowed 30 days to respond with a notification of acceptance or contest, and they are notified of the implications that this would have for being reported to NICS. The veteran then has 60 days to present evidence against the need for a fiduciary. And as required by law, the VA relief process allows impacted individuals to maintain their fiduciary, but regain gun eligibility removing their names from NICS. These are all already processes in place.
I yield 3 minutes to the gentleman from California (Mr. Takano), who is the vice ranking member of the Veterans' Affairs Committee.
Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr. Bera).
Mr. Speaker, may I inquire how much time I have remaining?
Mr. Speaker, I yield 2 minutes to the gentleman from California (Mr. Thompson).
Mr. Speaker, I yield 4 minutes to the gentleman from Arizona (Mr. Gallego).
Mr. Speaker, I yield 3 minutes to the gentleman from Maryland (Mr. Brown).
Mr. Speaker, may I inquire how much time I have remaining?
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I note that the chairman noted the support of some of the veteran service organizations, and I think it is noteworthy that the IAVA, the Iraq and Afghanistan Veterans of America, has in the past supported this bill. They do not support it this year. They do not because they are so concerned about the crisis we are facing, particularly in their members--those who have come back from the wars in the last 10 or 20 years. They are concerned about that veteran suicide crisis that we are facing and are concerned that this bill might make that worse.
We have heard repeatedly assertions that this would be the only category, that veterans alone would be deprived without adjudication. That is not true. In fact, the law for the firearms prohibitor covers many categories of people who do not have any legal determination:
Anyone who is an unlawful user or addicted to a controlled
substance is prohibited, does not require any adjudication.
The NICS has 23,000 people who are prohibited under the controlled substance addiction and use category. Anyone adjudicated as mentally defective or committed to a mental institution, there are 4.2 million people. There are a wide variety of people who are in that category, again, many without court orders. Those were aliens, those dishonorably discharged from the Armed Forces, that is 10,000 individuals. So it is not unique to veterans. There are other categories as well.
But I really think the bottom line is this: we have heard a great deal of agreement that we care about our veterans, we want to prevent military suicides, and we know that for some of these veterans, it would be dangerous for them to have a firearm. That is precisely why this committee should have had a hearing, so we would have had the opportunity to systematically address these issues and find a better way forward that recognizes that some veterans who need a fiduciary also should not have firearms, and some who need a fiduciary, there is no concern there. But we have been deprived of that opportunity in committee, to do the work we should be doing in committee, to work together in a bipartisan way to fashion a better way forward.
This is way too far. It is an overreaction to a process that should be fixed, and we are committed to do that. But the alternative we are presented with today will wholesale uproot the 20-year process of the Veterans Administration that would be dangerous and wrong, and we remain committed to working together in committee.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I note that 18 of the 26 Members of the House Veterans' Affairs Committee did not serve during a time when there has been a hearing on this bill--18 of us, and that includes me. The evidence that the chairman was referencing from 2015 was from a hearing that never occurred, so there was never an opportunity to discuss that evidence. Again, I think this underscores the extent to which we really do need a hearing.
I have to say, since 2012, when the Newtown shootings occurred in my district, the public feels differently about this now, and our veterans numbers have been going up and up. So I think it is high time for us to have a hearing. It has been 5 years. We should be looking at this process.
The last point I will note: there has been much made of the Constitution today and how outrageous it is. In 20 years since this process has been in place in the VA, I note that no one has ever challenged this successfully in court as a violation of constitutional due process, and I know the love our veterans have for the Constitution, as we do in this Chamber. That tells me that many families, for example, actually are relying on this.
So, again, I pledge to the chairman we should be working together in committee to get this process right. This is not the way to do it, not with this bill, not with the questions, and not without an opportunity for us to do the things I have referenced.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, we have heard spirited and passionate remarks here today, but I think it underscores how much we would benefit, the veterans that we serve would benefit, their families, and this Chamber would benefit from our pursuing regular order with this very important topic. So, again, I urge in the strongest possible terms for my colleagues to vote against this bill, to give us the opportunity to get this process right, to safeguard our veterans, protect them from military suicide, and to preserve their rights in the best possible way. This hastily considered, rushed-through legislation that leaves way too many questions and way too much risk for our veterans I must strongly oppose.
Mr. Speaker, I yield back the balance of my time.