Va Accountability First and Appeals Modernization Act of 2016
Floor Speech
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Mr. DUFFY. Mr. Chairman, I rise today in support of my amendment, amendment No. 20, to Chairman Miller's VA Accountability First and Appeals Modernization Act.
My amendment would add hearing aid specialists to the list of medical providers at the VA, allowing veterans access to timely hearing aid adjustments while still providing them with the same quality of care.
I come from rural America. One of the issues that we come across is that many of our veterans have hearing issues and--by the way, hearing and audiology issues are increasing at a rate of 10 percent per year in the VA--it takes a long time to get an appointment with an audiologist.
Once they get that appointment with the audiologist and they get a hearing aid, oftentimes they have to come back to the audiologist, waiting 2 weeks, 4 weeks, 6 weeks for that appointment to get that hearing aid adjusted and fitted. Or if something goes wrong, they have to wait another 4 weeks to go back to get it refitted and fixed.
So what this amendment would do is allow for our veterans to use hearing aid specialists, oftentimes in their own community, getting quick access to care so that they can hear. It is also going to free up our audiologists to do the more serious work that is necessary with our veterans. We are in a scenario where not only are we going to save money, but we are also going to be able to provide better quality care to our veterans.
In my neck of the woods, if a veteran can get a hearing aid adjusted in their own community as opposed to driving 2 hours or 3 hours to a VA facility, it is a big, big deal for them.
So often I am hearing stories from family members who talk about their loved one who is maybe from Vietnam or from World War II. They will sit around the table and just smile, nodding their head in conversations because they can't hear.
I have heard stories where they have gotten their hearing aids and they have actually thrown them away because they can't get appointments. They don't know how the darn things work.
This is an easy fix. I appreciate the chairman's support. I think we have support from my friends across the aisle. It is an easy fix with no cost.
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Mr. DUFFY. Mr. Chair, I appreciate the gentleman's support.
Mr. Chair, I include in the Record six letters from numerous veterans service organizations in support of H.R. 5620, as amended. Iraq and Afghanistan Veterans of America, August 26, 2016. Hon. Jeff Miller, Chairman, House Committee on Veterans Affairs, Washington, DC.
Dear Chairman Miller, Iraq and Afghanistan Veterans of America (IAVA) and our 425,000 members are pleased to offer our strong support for H.R. 5620, the VA Accountability First and Appeals Modernization Act.
It has been over two years since the scandal in Phoenix alerted the country to the egregious state of the VA health care system. And yet little has been done to ensure the VA is equipped with the necessary authorities to address workforce accountability. The large majority of VA employees serve veterans with distinction, but there are employees whose poor performance or, at worst, gross negligence put veterans at risk. They need to immediately be removed from the VA to restore trust within the VA system. IAVA believes this legislation provides the VA leadership those necessary authorities while still providing due process. While accountability at the VA is past due, the changes to due process and the appointments clause ensure such accountability is done responsibly.
Additionally, this legislation provides many improvements to the disability compensation appeals process desperately needed at the VA to better manage the appeals backlog. Reducing burdensome red tape will better serve veterans and their families and will improve efficiency within the VA.
Veterans have made great sacrifices in service to our nation, and IAVA believes they deserve a VA that can provide the level of care they have earned. If we can be of help, please contact Tom Porter, IAVA's Legislative Director. Sincerely, Jonathan Schleifer, Interim Chief Policy Officer, Iraq and Afghanistan Veterans of America. ____ National Association for Uniformed Services, Springfield, VA, July 13, 2016. Hon. Jeff Miller, Chairman, House Committee on Veterans' Affairs, Washington, DC.
Dear Chairman Miller: On behalf of the nationwide membership of the National Association for Uniformed Services (NAUS), I would like to offer our full support for H.R. 5640, a bill that combines VA accountability provisions with personnel appeals reform.
Your legislation would enhance the power of the Department of Veterans Affairs to hold its employees accountable for their actions and for when they abuse their public trust and their obligation to care for sick and injured veterans. At the same time, your bill is balanced. It does not come at the expense of fairness and equitable treatment of VA employees.
NAUS supports efforts to reform VA into an organization worthy of the veterans it is charged with serving. Various personnel policies and antiquated rules have played a part in pushing its ranks into a culture of corruption that has led to a list of scandals in VA facilities nationwide. It is time to ensure accountability where it is needed.
Once again, thank you for introducing legislation that will address the intolerably corrosive culture of no- accountability at the Department of Veterans Affairs. Thank you as well, for your continued support for America's veterans. Sincerely, Richard A. Jones, Legislative Director. ____ Reserve Officers Association, Washington, DC, July 15, 2016. Hon. Jeff Miller, Chairman, Committee on Veterans' Affairs, House of Representatives, Washington, DC.
Dear Chairman Miller: The Reserve Officers Association of the United States supports H.R. 5620, the ``VA Accountability First and Appeals Modernization Act of 2016,'' to amend title 38 U.S.C., giving the Secretary of Veterans Affairs broader authority to establish performance accountability among employees within the department and to reform the disability claims appeal process.
The public's trust in the quality of VA health care and benefits administration has needlessly suffered because VA employees were not doing their jobs and because VA managers at all levels neglected their responsibilities. Poor performance has cost veterans their health and even their lives; veterans die waiting for a claim settlement. Families trust that their loved one will be taken care of and not taken from them.
Civil servants must be accountable; poor performance must not be tolerated, nor rewarded with promotions and bonuses. The VA leadership's disciplinary failure is clear: according to congressional sources, in the wake of the 2014 scandals only three employees have been terminated; of 452 disciplinary cases, nearly a third were mitigated. ``. . . in the San Diego [regional office], a Veteran Service Representative was proposed for removal, but the employee only received a suspension for less than 14 days. The suspensions can also be misleading as we have seen plenty of cases where VA merely uses a `paper' suspension but in reality the employee serves a much shorter suspension, if they serve one at all.''
Accountability will strengthen the civil service: high- performing teams will attract quality into public service. Of special value are measures impacting the Senior Executive Service. Essentially beyond the reach of discipline and accountability, the SES is the ``center of gravity'' for an agency's performance: the effects of mediocrity at the top, with bonuses unjustified by performance, cascades devastatingly through the ranks.
ROA also supports the act's increased whistleblower protections; in truth, the legislative branch and the agency's internal controls, such as its inspector general, have at best a limited capacity to identify abuses of the public trust that occur beyond detection, deep in the bureaucracy. Whistleblowers are a veteran's best friend and must be encouraged and protected.
But merely giving an agency the tools to make internal corrections does not necessarily lead to their use: Congress must exercise rigorous oversight, unsparingly revealing to public scrutiny the failures of agency heads and the administration in discharging their duties, and exerting all influential means appropriate to bring about correction.
ROA has a membership of 50,000 and is the only national military association that exclusively supports all the uniformed reserve components of the United States. Thank you for your efforts on this issue, and your support of our veterans. Please have your staff call Susan Lukas, ROA's legislative director with any question or issue you would like to discuss. Sincerely, Jeffrey E. Phillips, Executive Director. ____ Student Veterans of America, Washington, DC, July 7, 2016. Chairman Jeff Miller, Committee on Veterans Affairs, House of Representatives.
Chairman Miller: On behalf of Student Veterans of America (SVA), a coalition of over 1,390 student veteran organization chapters at colleges and universities with over 550,000 student veterans at those campuses, I am writing to express our support of HR 5620 the ``VA Accountability First and Appeals Modernization Act of 2016''. The bill supports stronger accountability measures for Department of Veterans Affairs employees and increases the efficiency of the disability appeals process. This bill gives the VA secretary the authority to take necessary action against negligent employees, such as recalling their bonuses and relocation expenses. Accountability is a major challenge for the VA and this bill addresses accountability challenges with specific measures. In addition, we support reform of the benefit appeals process.
As supporters of the previous legislation the ``VA Accountability Act of 2015'', we support these necessary changes. Student veterans nationally rely on the Department of Veteran Affairs for benefits and for health care as well as other programs and services. The goals of HR 5620 align with those of SVA. As Secretary McDonald said, ``As the Nation's foremost advisory body in medicine and healthcare, you know that the Department of Veterans Affairs is in the midst of overcoming problems involving access to healthcare. We own them, and we're fixing them.''
The Secretary of the Department of Veterans Affairs requires legislative authority to fix accountability challenges so he may hold employees accountable with appropriate policies and processes. SVA supports this bill for these reasons. Please contact us should you have any questions or concerns. Respectfully, James Schmeling, Executive Vice President. ____ July 22, 2016. Hon. Jeff Miller, Chairman, House Committee on Veterans Affairs, Washington DC.
Dear Chairman Miller: VetsFirst, a program of United Spinal Association is writing to express its upmost support for H.R. 5620, ``VA Accountability First and Appeals Modernization Act of 2016.'' As a VA recognized National Veterans Service Organization, United Spinal Association, through its VetsFirst program, advocates on behalf of all of our nation's veterans. With the numerous scandals plaguing VA now, it is essential that Congress take action to rectify the situation and this legislation is an important first step.
The VA Accountability First and Appeals Modernization Act of 2016 is a worthy piece of legislation as it proposes to tackle several issues that have undercut the taxpayers' faith in VA. H.R. 5620 provides for the removal or demotion of employees based on performance or misconduct. This is critical as it not only removes bad apples within VA, but addresses the culture of VA and shows that Congress will no longer tolerate the abuse of our nation's veterans. It provides for the reduction of benefits for senior executive service (SES) members convicted of certain crimes, recoups bonuses and relocation bonuses of certain VA employees, streamlines personnel actions and addresses the treatment of whistleblowers. Finally, it provides much needed reform to the current VA appeals process. This reform is essential as it addresses employee's misconduct more efficiently, while establishing procedures that ensure the accused's Constitutional rights are properly protected.
VetsFirst, believes that Veterans deserve honest, timely and efficient service. For too long VA and its culture have allowed for abuses against those who have sacrificed for this nation. H.R. 5620 addresses both the abuses and the need for cultural reform. Therefore, we are proud to offer our support for this meaningful legislation.
If we can be of further assistance, please contact Ross Meglathery, Vice President of VetsFirst, if VetsFirst can be of assistance. Sincerely, Ross Meglathery, Vice President, VetsFirst, a program of United Spinal Association. ____ United States Army, Warrant Officers Association, Herndon, VA, August 9, 2016. Hon. Jeff Miller, Chairman, House Veterans Affairs Committee, House of Representatives, Washington, DC.
Dear Chairman Miller: The United States Army Warrant Officers Association (USAWOA) is the only military service organization thoroughly devoted to the welfare of Army Warrant Officers--serving, former and retired--and their families. The USAWOA writes in support of your bill, H.R. 5620, the ``VA Accountability First and Appeals Modernization Act of 2016.''
Your bill would provide the Secretary of the Department of Veterans Affairs (VA) increased flexibility to remove VA employees for performance or misconduct, would provide improved protections for whistleblowers (including restricting bonus awards for supervisors who retaliate against whistleblowers), and would strengthen accountability of VA Senior Executive Service (SES) employees.
This legislation would also reform and streamline the VA's appeals process for disability benefits. This is crucial, as the backlog of appeals appears to be growing at geometric rates.
USAWOA joined other members of The Military Coalition in working hard with members of Congress on the VA Choice Act in 2014. H.R. 5620 expands on this good work, to provide vastly more efficient service to our Veterans in need, as it also enforces greater accountability of the professionals tasked with serving them.
The USAWOA thanks you for your leadership on this issue. Please do not hesitate to contact me for clarification of USAWOA's position on this, or any other issue in the future. Sincerely, Jack Du Teil, Executive Director.
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Mr. DUFFY. Mr. Chair, I yield back the balance of my time.
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