Mr. President, I rise to discuss the PACT Act, on which we will be voting for several amendments and then we will have a final passage vote later this evening. This could have been resolved months ago, as I suggested it would be, but…
Mr. President, I rise to discuss the PACT Act, on which we will be voting for several amendments and then we will have a final passage vote later this evening.
This could have been resolved months ago, as I suggested it would be, but finally we have gotten to the point where we can resolve this.
And I have to say we are witnessing a very old Washington trick playing out on what might be an unprecedented scale.
And what is that trick?
That trick is you take a very sympathetic group of Americans--it could be children with rare diseases; it could be victims of crime; it could be veterans who are suffering an illness after having been exposed to toxic chemicals while serving our country--you take this sympathetic group, craft legislation to address their problems, and then sneak in something that is completely unrelated that could never pass on its own and dare anyone to stand up and say a word about that because we all know, if you raise a concern about the unrelated provision, people in this Chamber and outside will stand up and make up all kinds of fabrications and falsehoods.
They will enlist some pseudo celebrities, they will get their accomplices
in the media to propagate the dishonest charge that: Oh, those mean Republicans don't care about those sympathetic figures. That is what has been going on here for some time now.
It is in the PACT Act. We have an exceptionally sympathetic, overwhelmingly popular group of Americans--and rightly so. They are veterans who put on the uniform, served overseas, took huge risks, and along the way were exposed to toxic chemicals that have resulted or could have resulted in their illness.
There is overwhelming consensus to provide the resources to at least cover their healthcare costs and provide them with disability benefits because of their service to our country.
In fact, the cause is so popular that the $280 billion of new spending contemplated by this bill is completely unoffset. It is mandatory spending. It is like OCO, and there is nobody I know of-- certainly not myself--who is asking that it be offset. It is like, this is what we need to do and people acknowledge this and we agree on it.
But that is not where the PACT Act ends. That is not all there is to the PACT Act. It also includes the old Washington trick. And the form the trick takes in this bill is a complicated change to budget rules that allows current spending--by which I mean spending that is going to happen under existing law unrelated to the PACT Act, that spending that is routine already--to be basically shifted off the books, so to speak, in such a way that is designed to make it easier for future Congresses to spend a whole lot more money on completely unrelated programs.
The Congressional Budget Office estimates that this clever little device will result--could result in up to maybe even a little more than $400 billion of additional spending over the next 10 years; again, totally outside of the veteran space, totally outside.
Now, the chairman of the Committee on Veterans' Affairs is my friend Jon Tester, a guy I know and like. He pretty much essentially acknowledged that yes, the legislation could be exploited this way. But he said: But you should have faith. You should have confidence and trust in your colleagues, future Congresses, that we wouldn't do a thing like that.
Seriously? I am supposed to trust this and future Congresses not to go on a spending spree--seriously? That is unbelievable. And, by the way, if I should have that trust, then why did they design this feature precisely so they could go on a spending spree?
This isn't the first time this has happened. A good example is the CHIPS program. That is an acronym for the Children's Health Insurance Program. It was created in 1997. It is a very popular program. It is mandatory spending, completely unoffset. It is a very good cause. That is why.
In 2009, Congress started providing more funding than was necessary to fund the program--much more than would actually be spent on the kids that qualified for it. Congress did this very knowingly and started doing it annually. Why, you might ask, would Congress provide more funding than the program requires? Because the amount by which this funding exceeds what gets spent can be spent on other programs.
It is a trick. It is a budget trick that allows for more spending in unrelated areas.
The Crime Victims Fund has a very similar dynamic. Criminal penalties go into a fund that is supposed to go to victims of crime, but they set up the rules so that, in any given year, if we spend less than the amount of money that went into this fund, they can pretend those are budget savings and then spend the money somewhere else.
So my point is that we have seen this before. It is being played out again, but I don't think we have ever seen it on this scale--$400 billion over the next 10 years.
We have budgets and we have budget rules for reasons. They are meant to try to provide some guardrails on spending. Now, Congress can always disregard them. Any Congress can always disregard budget rules for a good reason or a bad reason. If there are 60 votes, the budget rules can be waived.
By the way, there are five budget points of order against this bill. I am not aware that anyone has raised a single one. We are not going to have a vote on any one, and that is because people say the new spending for these veterans is so important that we are going to waive the budget rules that this bill breaks, and I think that is the right thing to do. But to think that the appropriations process is going to be a sufficient check on the abuse of this gimmick that is in this bill is very unrealistic.
You know, the Senate can always vote against a future spending bill that would take advantage of this. All right, so this is one of the arguments we have heard: Well, yes, you can always vote against this if Congress were to exploit this gimmick and start spending these $400 billion.
But here is the problem. In a given year, that would be about $40 billion, right? Four hundred over 10 years means $400 billion of this extraneous spending annually. Except, as the Presiding Officer knows very well, we typically fund the government with one giant bill--an omnibus spending bill that is over 1,000 pages long, usually. Nowadays, it is about $1.7 trillion. And $40 billion is a lot of money, but it is 3 percent of $1.7 trillion.
So if you object to exploiting this budget gimmick and exploiting this loophole and spending $40 billion that shouldn't be spent on who knows what, you can vote against the whole bill and that is your only option--vote to shut down the government and not spend any money at all. That is no disciplinary mechanism. That is no mechanism for proper oversight.
Now, you may hear that my amendment caps spending for veterans, and I want to be very clear about this. The chairman of the Veterans' Affairs Committee said my amendment would place a limit on the amount of funding Congress could provide to cover care and benefits to veterans made available by this legislation and could create a scenario where the VA runs out of funding.
That is completely, 100-percent factually false. It is very hard to believe that the chairman of the Veterans' Affairs Committee is not aware of that.
But here is the truth. The fund that is created in the PACT Act--the fund that the chairman of the Veterans' Affairs Committee is referring to, the fund where we cap the money that goes into this fund--that fund does not have the meaning that any normal person thinks a fund has. This is not a pool of money. This is not an account at a bank from which doctors are paid. This is nothing more than an accounting device. This is just a mechanism that the Federal Government uses to classify spending as mandatory instead of discretionary. That is all it is.
And there are no limits whatsoever. This is an important point. My amendment has no limits whatsoever on the amount that Congress can appropriate in any given year or in the cumulative total of years for veterans' healthcare or other benefits. My amendment doesn't affect that in any way whatsoever. Congress can appropriate a trillion dollars in a given year.
What my amendment would do is it would limit the amount of that appropriation that could be considered mandatory spending as opposed to discretionary spending. That is it. My amendment is 100 percent about how the government designates the spending. It has nothing to do with how much is actually spent.
Now, what matters to a veteran who is ill because of a toxic exposure? I think what matters to him is that the money is there to cover what he needs. That is what he should be concerned about, and that will be there.
What I am trying to limit is the extent to which they can use a budgetary gimmick to reclassify spending so that they can go on an unrelated spending binge.
So what would happen if the cost for actually caring for veterans in a given year is bigger than the cap we set? Appropriators simply appropriate the amount that is needed. My cap has no bearing on how much appropriators can spend. It only limits how much gets treated as mandatory spending.
If my amendment is adopted, spending on veterans' benefits would not be reduced by one penny. Spending on veterans' families would not be reduced by one penny. The $280 billion in new spending as a result of the PACT Act would not be reduced by a penny. It would not be offset.
We have no attempt to make any change to any of that. If anyone is suggesting that my amendment would, in
any way, reduce care for veterans or require rationing of care, they are either completely misinformed or they are being dishonest.
So why does this matter? Why did the authors of the bill want to create this device that shifts this spending that is going to happen anyway from discretionary spending to mandatory spending? Because we have a cap on total discretionary spending, and for any spending that gets pulled out of the discretionary spending category and goes to a different category, that creates a hole under the cap. Congress will fill that hole with spending on who knows what. That is the way this is going to play out. That is what is going to happen.
Now, some people have suggested that my amendment, if adopted, would kill the bill. Now, think about that. An amendment that does not cut spending on veterans' care or veterans' benefits by one dime but does make it harder for Congress to go on an unrelated $400 billion spending spree--that is going to kill the bill? Really?
Well, if that would kill the bill, then it speaks volumes about what is really important to the people who would vote no as a result of making it clear that unrelated spending is more important than the spending on the veterans--if my amendment would kill the bill.
So I don't think passage of my amendment would kill the bill. It would frustrate the efforts of those who want to have the skids greased for a massive spending binge. It would definitely do that. But it wouldn't cut one dime of spending for veterans' care, and I think in the end the bill would pass.
I have this very simple solution. It allows us to fully fund our vets. It eliminates this budgetary gimmick that greases the skids for unrelated spending. And I would just urge my colleagues that hiding unrelated spending behind the sacrifice our veterans have made is no way to go. I would urge support for my amendment.
Motion to Concur With Amendment No. 5186
Mr. President, I move to concur in the House message to accompany S. 3373 with amendment No. 5186.
I ask unanimous consent that the reading be dispensed with.
Mr. President, a lot has been said about my amendment that is completely false, mostly outside of this Chamber, so let me say very simply what it does. My amendment does only one thing, it would maintain the current policy of classifying currently authorized VA healthcare spending as discretionary spending, rather than change that classification going forward to mandatory spending as the PACT Act would allow.
My amendment does not cap any spending. It does not reduce veteran spending. It does not change the classification of PACT Act spending.
But by preventing this change in classification, we would prevent a budget gimmick that is designed to grease the skids for up to $400 billion in totally unrelated spending.
So let's pass the PACT Act, but let's pass it without enabling an unrelated $400 billion spending spree. Support my amendment.
I ask for the yeas and nays.