Madam Chair, I have an amendment at the desk. Madam Chair, I yield myself such time as I may consume. Madam Chair, the Trump administration has proposed to abolish the Office of Personnel Management altogether and give the White House…
Madam Chair, I have an amendment at the desk.
Madam Chair, I yield myself such time as I may consume.
Madam Chair, the Trump administration has proposed to abolish the Office of Personnel Management altogether and give the White House control of governmentwide Federal employee policies.
My simple amendment would prohibit that proposed reorganization from being implemented because, as my subcommittee has uncovered, this proposal lacks merit, justification, or even a coherent rationale. That is the opinion of the Government Accountability Office, not just me.
The GAO has testified that OPM's leaders ``have not established outcome-oriented goals, developed a cost-benefit analysis or implementation plans, and have not fully involved or communicated their efforts with the Congress, employees, and other key stakeholders.''
Both Republicans and Democrats on our subcommittee expressed deep skepticism about the so-called plan.
My Republican counterpart in the Senate, Senator James Lankford, said, ``It's hard to get to a determination of how this makes things better.''
I couldn't agree more. OPM's 5,500 employees run programs that serve our Federal Government's 2.7 million active employees.
OPM administers, for example, the largest employer-sponsored health insurance program in the world and processes the world's largest retirement
program for 2.5 million Federal retirees and their survivors.
It provides human services consulting and regulates the implementation of laws essential to our Nation's merit-based civil service, including the Hatch Act, which prohibits Federal employees from using Federal resources for political and campaign purposes.
It also provides dental, vision, and medical insurance to 8 million Federal employees and their families.
In short, OPM is the agency that serves the people who serve the American people.
On May 21, our subcommittee held a hearing that eviscerated the administration's plan to eliminate OPM. I told Acting Director Weichert at that time that the plan was dead on arrival as submitted and that she needed to start over to find a way to work together on a bipartisan basis to rebuild OPM the right way. She said she would, and I took her at her word. Despite these clear messages and continued oversight, Ms. Weichert failed to live up to her end of the agreement.
Recently, OPM officials announced their intention to lay off or possibly furlough 150 employees because they could not afford to keep them on the payroll, they claimed. That threat was made in spite of the proposed appropriations levels, which are above what would be needed to fill any budget gap.
The administration's inadequate plan to dismantle OPM has been a disaster. After realizing that it cannot prevail on the merits, the administration is now resorting to blackmail.
On June 27, our subcommittee held another hearing to question OPM officials on the lack of documents provided to Congress about the plan to eliminate OPM. At that hearing, OPM admitted they have failed to determine whether actions they are already taking to eliminate OPM are even legal. They could not provide the underlying legal guidance justifying their action.
The language in this simple amendment largely mirrors language already included in the Financial Services and General Government Appropriations Act for fiscal year 2020 already passed by the House last month.
We have not seen anything, unfortunately, from the administration to convince us that any part of this plan is a good idea and would make our Federal Government more effective and efficient. In fact, GAO has said that the administration's proposal could further hinder the Federal retirement backlog by creating additional uncertainty. That could make it difficult for OPM to plan large-scale changes in its operations.
The Acting Director of OPM and the Deputy Director for Management of OMB was reported as saying that the administration plans ``to play chicken with Congress'' to effectuate its proposal to eliminate OPM.
We must pass this amendment, as we did on the appropriations bill, to send a clear message that threatening Congress is not the way to do business, whether it is with a Republican administration or a Democratic administration.
I urge my colleagues to work with us to ensure that Federal employees are treated with respect and are protected through the OPM process.
Madam Chair, I reserve the balance of my time.
Madam Chair, may I inquire of the Chair how much time is remaining on both sides.
Madam Chair, I am prepared to allow my friend to close, and then I will close. I reserve the balance of my time.
Madam Chairwoman, I am sad my good friend, who I know shares my concerns, feels the need to oppose an amendment that is designed to prevent a very bad thing from happening that has no rationale, has no supporting documentation, and has threatened Congress with extortion. We will RIF 150 people if you don't do what we want-- even though you don't quite know what we want--by October 1. No one in this body should tolerate that. This amendment needs to pass, as it did in the appropriations bill.
I urge its passage, and I yield back the balance of my time.
Madam Chairwoman, I have an amendment at the desk.
Madam Chair, I yield myself such time as I may consume.
Madam Chairwoman, this amendment is simple, bipartisan, and has the support of leading domestic violence prevention advocates and veteran service organizations.
First of all, I want to thank my friend and colleague from New York, a Republican, Mr. Peter King, for cosponsoring this amendment. Peter is a veteran and a respected voice in national security issues in the House, and his support is appreciated immensely.
Our amendment does two things: First, it codifies existing Department of Defense policy which requires DOD to report to the National Instant Criminal Background Check System servicemembers who are prohibited from purchasing firearms pursuant to current law.
Again, this provision of the amendment merely codifies existing DOD policy as outlined in the instruction 6400.06 and places no new legal restrictions on access to firearms.
This provision is responsive to the DOD inspector general's report, ``Evaluation of Military Services' Law Enforcement Responses to Domestic Violence Incidents'' within the military.
In that report, the IG found that the DOD has failed consistently to report domestic violence convictions within DOD that would have disqualified a servicemember from purchasing a firearm.
One of the domestic abuses that DOD failed to report to the FBI was Devin Kelley, who entered a house of worship in Sutherland Springs, Texas, in November of 2017, and killed 27 people with guns he should have been prohibited from purchasing under current law.
According to the IG, of the 219 domestic violence cases examined at eight military installations, 201 were found not to comply with at least one of the Defense Department's policies for reporting domestic violence.
In other words, more than 90 percent of the cases were not properly reported. And in four of five cases, 86 percent were not properly reported to the FBI or the NICS. That is a problem because we know NICS works.
According to the FBI, from November 30, 1998, through December 31 of 2018, 206,080 gun purchases were denied based on convictions of domestic violence or protective orders based on domestic violence.
Codifying this reporting requirement gives it more teeth and helps Congress in its oversight of these important public safety measures that protect all of our military and their families.
The second part of the amendment would task DOD with studying the feasibility of creating a database of military protective orders issued in response to domestic violence and reporting such MPOs to NICS or establishing a process by which military judges could issue protective orders in response to domestic violence.
This provision is responsive to the inspector general's report on the investigation of the United States Air Force's failure to submit Devin Kelley's criminal history information to the FBI.
Under current law, a military protective order issued in response to a domestic violence incident does not prohibit an individual from purchasing a firearm. However, a comparable civilian protective order would.
The IG recommended that the Secretary of Defense consider pursuing legislation amending the Gun Control Act to specifically include military protective orders.
The Senate-passed National Defense Authorization Act for fiscal year 2019 included a provision which would have mandated that DOD create a mechanism by which military judges could issue protective orders that would trigger prohibitions on firearm purchases in a Republican Senate.
We are sensitive to the concerns about due process and mandates regarding this matter. That is why we have adopted a middle ground that requires DOD to study the feasibility of complying with the IG recommendations and MPOs and the Gun Control Act, as well as to study the feasibility of establishing a system that the Senate NDAA would have established.
According to the Department of Veterans Affairs, 30 percent of female veterans reported having been a victim of domestic violence within their adult life, and 22 percent say the abuse occurred while on Active Duty. According to the DOD, in more than 30 percent of domestic violence cases--1,100 out of 3,000--where the victim is a member of the military, their spouse is also a member of the military. This amendment is not about protecting civilians only, but about protecting those in uniform especially.
In closing, I want to thank all of the organizations that have endorsed this bipartisan amendment including: the National Coalition Against Domestic Violence, Futures Without Violence, Domestic Violence Legal Empowerment and Appeals Project, Service Women's Action Network, and Protect Our Defenders.
I yield back the balance of my time.
Madam Chair, the Merit Systems Protection Board is a small but mighty independent federal agency created by Congress to protect the merit system principles and to promote an effective federal workforce free of prohibited personnel practices.
Typically, the Board is led by three presidentially-appointed and Senate confirmed members. However, the term for the last remaining Board member expired on March 1, 2018. That board member already extended his term in a holdover capacity, but was limited by statute to one year extension, meaning the Board has been without even a single Board member since March 2019.
The Office of Special Counsel refers cases to the Board when it suspects a federal agency has performed an unfair or adverse action against a federal employee.
The Board can then temporarily table the agency action while adjudicating the employee's claim.
However, the Board can only table the action or adjudicate it if it has a quorum--or two members. As the Board currently sits, there are no confirmed members, and the Board has been without a quorum since January 7, 2017.
This means that the Board cannot perform any of these actions to protect federal workers from agency actions that OSC deems suspect.
This Amendment would provide urgent, temporary relief to whistleblowers while the Board waits for at least one appointee.
My amendment would delegate temporary authority to the Board's general counsel to stay questionable personnel actions brought by agencies against whistleblowers. Under this provision, the Board could still act on egregious cases of suspected retaliation, even without any board members.
The general counsel's authority would expire when a single Board member is confirmed by the Senate.
This amendment is absolutely necessary to protect federal workers. And, needing this amendment was completely avoidable. Whistleblowers shouldn't be held hostage by the failures of the political system.
This amendment would at a minimum keep the lights on for the Board. The general counsel would be authorized to prevent an agency from taking a retaliatory or prohibited personnel action against those who disclose wrongdoing.
I held a hearing in February of this year to examine the effects on the Board because of the vacancies of two Board members and the potential ramifications if the final member left his post in March.
This hearing followed my attempt to save the Board from going without leadership when the final Board member's term expired.
With Chairman Cummings, I introduced legislation to prevent the Board from having no members. H.R. 1235, the MSPB Temporary Term Extension Act, would have provided a one-time, one-year extension to the final Board member's term. This measure passed the House, but the Senate refused to take it up.
As a result, in June, I introduced H.R. 2530 to amend Title 5 to give the general counsel temporary stay authority, which the Committee on Oversight and Reform voice voted out of Committee.
It is imperative that we preserve the importance and integrity of this vital Board. Passing this amendment means that the Board will be able to resume its work protecting whistleblowers more quickly.
There is a lot at stake. The status quo is untenable.
Federal employees deserve to have their appeals heard by the Board, and employees of the Board deserve to work at a fully functioning agency.
Whistleblowers help hold leaders accountable, and we owe it to them to protect them from retaliation.
Addressing this problem should be a bipartisan concern.
I urge my colleagues to join me in supporting this amendment.
Madam Chair, I rise today in support of this en bloc package of amendments to H.R. 2500, which includes my simple amendment that would require a report to Congress on those who have received security training from the United States and subsequently been sanctioned for human rights violations or terrorist activities.
Security cooperation programs are a critical tool of U.S. foreign policy, especially as we increasingly rely on partner forces to protect U.S. national security interests.
It is vital that we both thoroughly vet participants in our security cooperation programs, and ensure accountability after such training has been delivered.
If recipients of U.S. security training go on to commit gross violations of human rights or acts of terrorism, then we need to know about it.
My amendment would require the Secretaries of State and Defense to submit to Congress a report on each individual and security force unit that has received U.S. security training and been designated by the United States for human rights violations or terrorist activities at any point during the previous ten years.
This reflection would yield key information helping us to ensure that U.S. security training programs are aligned with American values and that we are applying consistent standards regarding human rights.
That is why I urge my colleagues to support my amendment to this bill and enhance Congress' ability to provide oversight and accountability of U.S. security cooperation programs.