THE DAILY WHIPLINE – WEDNESDAY

Posted by gary on July 29th, 2010

Wednesday, July 28, 2010

House Meets At… 10:00 a.m. For Legislative Business

Fifteen “One-Minutes” Per Side

Votes Predicted At…

First vote: 1:00 – 2:00 p.m.

Last vote: 7:00 – 8:00 p.m.

Any anticipated Member absences for votes today should be reported immediately to the Office of the Majority Whip at 226-3210.

Floor Schedule and Procedure

*H. Res.1559 – Providing for consideration of H.R. 5822 – Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2011 (Rep. Pingree – Rules): The structured rule provides 1 hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations. The rule waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI. The rule provides that the bill shall be considered as read through page 63, line 4. The rule waives points of order against provisions in the bill for failure to comply with clause 2 of rule XXI. The rule makes in order only those amendments printed in the Rules Committee report. The amendments made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for 10 minutes equally divided and controlled by the proponent and an opponent, and shall not be subject to a demand for division of the question. The rule further waives all points of order against the amendments printed in the report except those arising under clause 9 or 10 of rule XXI. The rule provides that for those amendments reported from the Committee of the Whole, the question of their adoption shall be put to the House en gros and without division of the question. The rule further provides one motion to recommit with or without instructions. The rule provides that after consideration of the bill for amendment, the chair and ranking minority member of the Committee on Appropriations or their designees each may offer one pro forma amendment to the bill for the purpose of debate, which shall be controlled by the proponent. The rule further provides that the Chair may entertain a motion that the Committee rise only if offered by the chair of the Committee on Appropriations or his designee. The rule provides that the Chair may not entertain a motion to strike out the enacting words of the bill. The rule provides that measures may be considered under suspension of the rules at any time through Sunday, August 1, 2010. The Speaker or her designee shall consult with the Minority Leader or his designee on the designation of any matter for consideration pursuant to this section. Debate on the rule will be managed by Rep. Pingree, and consideration will proceed as follows:

o One hour of debate on the rule.

o Possible vote on a Democratic Motion ordering the previous question. Members are urged to vote yes.

o Vote on adoption of the rule. Members are urged to vote yes.

*H.R. 5822 – Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2011 (Rep. Edwards (TX) – Appropriations): Pursuant to H.Res. 1559, debate on the bill will be managed by Appropriations Committee Chairman Dave Obey, or his designee. Consideration of the bill will proceed as follows:

o One hour of general debate on the bill

o Debate and votes on amendments to the bill.

o Debate and vote on Republican motion to recommit the bill.

o Vote on final passage of the bill. Members are urged to VOTE YES.

*Suspension Bills: Today, the House will consider several bills on the Suspension calendar. Bills considered on the Suspension calendar are debatable for 40 minutes; may not be amended; and require a two-thirds vote for passage. If a recorded vote is requested, it will be postponed.

1. H.R. 4692 – National Manufacturing Strategy Act of 2010 (Rep. Lipinski – Energy and Commerce)

2. H.R. 5156 – Clean Energy Technology Manufacturing and Export Assistance Act of 2010 (Rep. Matsui – Foreign Affairs)

3. H.R. 1875 – End the Trade Deficit Act (Rep. DeFazio – Ways and Means)

4. H.Res. 1481 – Supporting the goals and ideals of “National Save for Retirement Week”, including raising public awareness of the various tax-preferred retirement vehicles and increasing personal financial literacy (Rep. Schwartz – Ways and Means)

5. H.R. 1796 – Residential Carbon Monoxide Poisoning Prevention Act (Rep. Matheson – Energy and Commerce)

6. H.Res. 1499 – Honoring the achievements of Dr. Robert M. Campbell, Jr., to provide children with lifesaving medical care (Rep. Wasserman Schultz – Energy and Commerce)

7. H.R. 2480 – Truth in Fur Labeling Act (Rep. Moran (VA) – Energy and Commerce)

8. S. 1789 – Fair Sentencing Act of 2010 (Sen. Durbin – Judiciary)

9. H.R. 5751 – Fee on Lobbyists Act (Rep. Kilroy – Judiciary)

10. H.R. 5872 – General and Special Risk Insurance Funds Availability Act of 2010 (Rep. Frank – financial Services)

11. Senate Amendments to H.R. 5610 – Independent Living Centers Technical Adjustment Act (Rep. George Miller – Education and Labor)

12. H.R. 5874 – Making Supplemental Appropriations for the United States Patent and Trademark Office for the Fiscal Year Ending September 30, 2010 (Rep. Mollohan – Appropriations)

13. H.R. 5875 – Making Emergency Supplemental Appropriations for Border Security for the Fiscal Year Ending September 30, 2010 (Reps. Price (NC)/Giffords – Appropriations)

14. H.Res. 1558 – Expressing the sense of the House of Representatives that fruit and vegetable and commodity producers are encouraged to display the American flag on labels of products grown in the United States, reminding us all to take pride in the healthy bounty produced by American farmers and workers (Rep. Cardoza – Agriculture)

15. H.R. 4658 – Benton MacKaye Cherokee National Forest Land Consolidation Act (Rep. Duncan – Agriculture)

16. H.R. 5669 – To direct the Secretary of Agriculture to convey certain Federally owned land located in Story County, Iowa (Rep. Latham – Agriculture)

* Postponed Suspension Votes:

1. H.Res. 1543 – Honoring the educational significance of Dr. Jane Goodall’s work on this the 50th anniversary of the beginning of her work in Tanzania, Africa (Rep. Polis – Education and Labor)

2. H.Con.Res. 266 – Expressing the sense of Congress that Taiwan should be accorded observer status in the International Civil Aviation Organization (Rep. Berkley – Foreign Affairs)

3. H.R. 3040 – Senior financial Empowerment Act (Rep. Baldwin – Judiciary)

4. H.R. 5827 – Protecting Gun Owners in Bankruptcy Act of 2010 (Rep. Boccieri – Judiciary)

Bill Summary & Key Issues

Summary of H.R. 5822 – Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2011

The fiscal year 2011 Military Construction and Veterans Affairs and Related Agencies Appropriations bill invests in projects and programs of critical importance to America’s veterans and military troops and their families, including veterans benefits and healthcare, and military family housing, barracks and mission critical facilities.

The bill provides $56.8 billion in discretionary funding for the Department of Veterans Affairs (VA) and $64.0 billion for mandatory VA programs, $18.7 billion for military construction and family housing, and $1.3 billion in emergency appropriations for military construction projects in support of the war in Afghanistan. In addition, the bill provides $50.6 billion in advance appropriations for VA medical accounts.

The investments in the bill address several significant priorities, including:

*Maintaining advance funding for veterans health benefits to ensure stable and uninterrupted services;

*Processing newly eligible VA claims for Agent Orange presumptive disabilities;

*Providing new family caregiver benefits for disabled veterans;

*Strengthening the VA workforce to tackle claims backlogs and to process new educational benefits;

*Accelerating the Army’s program to modernize troop housing for trainees;

*Addressing critical unfunded construction requirements of the Guard and Reserve;

*Expediting environmental cleanup on closed military bases.

Discretionary Bill Total

2010 Enacted: $ 78.0 billion

President’s FY11Request: $ 77.3 billion

Committee FY11 Mark: $ 77.3 billion

Advance FY12 Funding: $ 50.6 billion

KEY INVESTMENTS

DEPARTMENT OF VETERANS AFFAIRS: $120.8 billion for veterans medical care, claims processors, and facility improvements, which is $11.2 billion above 2010 and $1.5 million below the request. In addition, $50.6 billion is provided as advance appropriations for fiscal year 2012 for three medical accounts: medical services, medical support and compliance, and medical facilities – a $2.4 billion or 5.0 percent increase over 2011.

Veterans Health Administration (VHA): $48.8 billion for veterans medical care, which was advance funded in the 2010 bill, matching the request and $3.7 billion above 2010. The Veterans Health Administration estimates it will treat more than 6.1 million patients in 2011, including more than 439,000 veterans of Iraq and Afghanistan.

* Medical Services: $37.1 billion to improve access to medical services for all veterans, which was advance funded in the 2010 bill, matching the request and $2.4 billion above the 2010 level.

* Mental Health: $5.2 billion, matching the request and $410 million above 2010, for mental health services to help veterans suffering from conditions such as post-traumatic stress disorder, depression, and traumatic brain injury.

* Assistance for Homeless Vets: $4.2 billion, matching the request and $696 million above 2010, including $218 million for the homeless grants and per diem program, $51 million for supportive services for low income veterans and families, and $151 million for the HUD-Veterans Affairs Supportive Housing Program.

* Rural Health: $250 million, as requested, for innovative practices to improve access to care for veterans in rural areas. More than 3.2 million (41 percent) of enrolled veterans live in rural or highly rural areas.

* Medical Support and Compliance: $5.3 billion, matching the request and $377 million above 2010, to ensure the efficient operation of the Department’s health care system. This appropriation was advance funded in the 2010 bill.

* Medical Facilities: $5.7 billion, which was advance funded in the 2010 bill, matching the request and $881 million above 2010. The increase is for non-recurring maintenance at existing facilities to address identified shortfalls and to ensure the Department’s facilities remain capable of delivering world class medicine.

* Medical and Prosthetic Research: $590 million, as requested and $9 million above 2010, for medical and prosthetic research, including important research to address the needs of Operation Enduring Freedom and Operation Iraqi Freedom veterans.

Major and Minor Construction: $1.7 billion, $55 million above the request and $223 million below 2010. Major construction funding of $1.2 billion will enable the Department to implement the recommendations made by the Capitol Asset Realignment for Enhanced Services (CARES) Commission, which was established to review facilities and determine their construction needs. The $40 million increase over the request in minor construction will enable the Department to complete a total of 114 projects in 2011.

Extended Care Facilities: $85 million for grants to States for construction and renovation of extended care facilities, matching the request and $15 million below 2010. States must provide 35 percent of the cost, while the Department pays the other 65 percent. Demand for nursing home beds is increasing as veterans live longer and with chronic illnesses.

General Operating Expenses: $2.6 billion, $13 million above the request and $515 million above 2010, to enable the Department to hire more than 4,000 additional permanent claims processors to continue to work down the backlog of benefits claims and to reduce the time to process new claims. The most recent VA quarterly status report estimates that almost 490,000 claims are pending. Funds are also included to restore the staffing reductions proposed in the budget for the Education claims processing program.*

MILITARY CONSTRUCTION: $18.7 billion, $4.5 billion below 2010, for the base programs. The decrease from 2010 is attributable to the expected decline in requirements for BRAC, which will be completed in September 2011, and the success of the family housing privatization program. In addition, $1.3 billion in emergency appropriations is provided for Overseas Contingency Operations, for a total funding level in the bill of $20.0 billion, the same as the President’s Request and $4.7 billion below 2010.

* Trainee Troop Housing Initiative: $190 million to accelerate the Army’s program to modernize troop housing facilities for trainees. The Army has a need for $1.7 billion to bring all 115,413 trainee barracks spaces up to standard and the program currently is not scheduled to finish until 2017.

* Guard and Reserve Initiative: $200 million in additional funding for Army National Guard, Air National Guard, Army Reserve, Navy and Marine Corps Reserve, and Air Force Reserve construction to address critical unfunded requirements, in recognition of the tremendous contributions made by Guard and Reserve personnel to emergency assistance, homeland security, and national defense.

* BRAC 1990 Environmental Cleanup: $460 million, $100 million above the request and $36 million below 2010, to address the large unfunded backlog of environmental cleanup for bases that were closed during the four previous BRAC rounds. The current estimate to complete cleanup of BRAC locations is $3.7 billion.

* 2005 BRAC and Re-stationing: $2.4 billion, matching the request, to implement base closures and realignments, and support the re-stationing of troops and their families from overseas to the U.S., by the statutory deadline of September 15, 2011.

* Military Housing: $1.8 billion, matching the request, to further eliminate inadequate military housing while maintaining and improving existing units. This funding will help the DOD address more than 7,000 inadequate family housing units in 2011.

* Overseas Contingency Operations: $1.3 billion to support additional military construction requirements to support operations and troop increases in Afghanistan.

RELATED AGENCIES

American Battle Monuments Commission: $65.7 million, $2.9 million above 2010 and $1.47 million above the President’s Request. This funding provides for the care and operation of our military monuments and cemeteries around the world. The amount provided includes $3.5 million for the construction and installation of Vietnam War battle maps at the Honolulu Memorial, and $467,000 for expansion of the Commission’s interpretive programs through development of interactive programs on the Commission website. The amount recommended includes $1 million for refurbishment of the Bataan Death March Memorial in the Philippines.*

United States Court of Appeals for Veterans Claims: $90.1 million, $63 million above 2010 and matching the request. The increase includes funding for construction of a Veterans Courthouse and Justice Center. The number of cases heard annually by the court has nearly doubled since 2000.

Cemeterial Expenses: $39.6 million, $1.5 million above the request and $250,000 below 2010, for Arlington cemetery. The additional funding will enable Arlington Cemetery to hire needed personnel to address deficiencies identified in recent Army Inspector General and internal reviews.

Armed Forces Retirement Home: $71.2 million, $62.8 million below 2010 and the same as the President’s Request for the Armed Forces Retirement Home. The reduction reflects a decrease in funding required for replacement of the Scott building on the Washington, DC campus.

STRENGTHENING MANAGEMENT AND OVERSIGHT

The effective stewardship of taxpayer dollars is a top priority for the Appropriations Committee. The bill takes important steps to strengthen management and oversight at the Department of Defense and the Department of Veterans Affairs, including:

Inspecting Military Construction in Afghanistan: $10 million of the $1.3 billion provided for Overseas Contingency Operations is directed to the DoD Inspector General to audit military construction projects in Afghanistan to ensure they meet standards for the life, health, and safety of our troops while protecting the interests of American taxpayers.

DoD Fuel Infrastructure: The bill includes language urging the Secretary of Defense and the Director of Defense Logistics Agency to devote sufficient resources to recapitalize at-risk DoD fuel infrastructure. There is an upward trend of fuel spills at DoD facilities related to infrastructure or equipment failure.

VA Inspector General: $115 million, $6 million above the request and 2010, to provide additional oversight personnel including initiatives regarding financial audit and information technology program reviews, the quality of outsourced care, and timely investigations of alleged medical misconduct.

Strengthening VA Contract Oversight: $23.6 million to strengthen VA acquisitions management. VA contract funding has grown substantially since 2001, but the capacity of the acquisition workforce has not kept pace, leading to increased risk of higher costs and unsuccessful contract outcomes. This funding supports a 5% increase in acquisition personnel and invests in appropriate training and technology to make the workforce more effective in managing taxpayer dollars.

VA Reserve Fund Controls: The bill includes language requiring the VA to better explain the use of its national reserve fund – including the planned allocation from each appropriation account to the reserve fund and 15-day advanced notification to the Committee before an obligation from the reserve can be made.

VA Bid Savings Control: The VA enjoys considerable flexibility in allocating funding for major construction projects, but has provided little information about ongoing projects to the Committee. To address that issue, the bill includes language requiring the VA to notify the Committee of all bid savings totaling $5 million or more or 5% of a project, whichever is less. The bill also requires the VA to notify the Committee prior to any change in the scope of a major construction project.

SIGNIFICANT CUTS

Information Technology: $3.2 billion, $85 million below both the request and 2010. This reduction is due to cancellation of a project and large unobligated balances in the account. Spending has lagged while the VA conducts a comprehensive review of the cost-effectiveness of all major IT projects.

DOD Bid Savings: $272.5 million below the request for military construction projects due to bid savings.

Guam: $272.9 million below the request for military construction projects to realign Marine Corps forces to Guam, due to DOD’s inability to address numerous concerns about the sustainability of the buildup as currently planned.

OTHER PROVISIONS

Preferences for U.S. military construction contractors: the bill expands current preferences for U.S. military construction contractors, including architectural and engineering firms, to all projects being performed in the U.S. Central Command area.

* Amended by Full Committee

Summary Of Amendments To H.R. 5822 – Military Construction and

Veterans Affairs and Related Agencies Appropriations Act, 2011

1.Holt: Would decrease the VA General Operating Expenses account by $20,000,000, then increase it by $20,000,000 for the purpose of urging the Secretary to set aside at least $20 million for suicide outreach prevention via direct advertising and the use of online social media.