H6094 CONGRESSIONAL RECORD — HOUSE September 19, 2012 

Mr. MILLER of Florida. I want to 

thank Mr. MICHAUD for his fine work on 

this legislation and others that our 

committee has been involved in. 

Mr. Speaker, one of the most important subcommittees within VA is Oversight and Investigations. That’s why I 

asked the gentleman from Ohio (Mr. 

JOHNSON) to chair that subcommittee. 

With that, I yield 2 minutes to the 

gentleman from Ohio on this bill. 

Mr. JOHNSON of Ohio. Mr. Speaker, 

I am proud to sponsor the Veterans Fiduciary Reform and Noble Service Act. 

This important legislation will transform the VA’s fiduciary program to 

better serve the needs of our most vulnerable veterans and their hardworking fiduciaries; but most importantly, it will protect veterans in the 

program from falling victim to deceitful and criminal fiduciaries. 

Since our February hearing, hardly a 

week has gone by where the Oversight 

and Investigations Subcommittee has 

not been contacted about a fiduciary 

issue. Many of these issues have involved honest and hardworking fiduciaries who are caught in the rigid bureaucratic trap that is the VA’s fiduciary program. This bill will go a long 

way toward making that unyielding 

bureaucracy more responsive to the 

needs of the veterans that it is supposed to serve. 

We have heard many complaints 

about the requirement for fiduciaries 

to obtain a bond. While proper in some 

settings, it is inappropriate when it 

causes unnecessary hardship, such as a 

mother caring for her veteran son. This 

bill will require the VA to consider 

whether a bond is necessary and if it 

will adversely affect the fiduciary and 

the veterans he or she serves. 

The Veterans Fiduciary Program and 

Noble Service Act will also direct VA’s 

Under Secretaries for Health and Benefits to coordinate their efforts to ensure that fiduciaries caring for their 

loved ones are not overly burdened by 

redundant requirements. 

Finally, Mr. Speaker, this bill aims 

to simplify annual reporting requirements. Currently, the VA does not have 

to review a fiduciary’s annual accounting, and when it does, it places an onerous burden on those fiduciaries who are 

serving out of love, not for monetary 

gain. This bill will implement a 

straightforward annual accounting requirement and gives the VA the opportunity to audit fiduciaries whose accounting is suspect. 

I’d like to thank my colleagues on 

the committee on both sides of the 

aisle for their work in this bipartisan 

effort. 

Mr. MICHAUD. I reserve the balance 

of my time. 

Mr. MILLER of Florida. Mr. Speaker, 

I yield 2 minutes to the gentleman 

from the great State of New Jersey 

(Mr. RUNYAN), also somebody who has 

been very involved in helping us put 

this piece of legislation together. 

Mr. RUNYAN. I thank Chairman 

MILLER. 

I rise today in support of H.R. 5948, 

the Veterans Fiduciary Reform and 

Honoring Noble Service Act of 2012. 

In addition to several important provisions that address many needed improvements to VA’s fiduciary program, 

as chairman of the Subcommittee on 

Disability Assistance and Memorial Affairs, I would like to draw attention to 

several other important provisions of 

this bill. 

First, section 9 of the bill provides 

for improved access to case-tracking 

information for certain government 

employees, including county veterans 

service officers. 

b 1550 

It is my hope that allowing these 

local service officers to assist with the 

veterans claims process that more 

claims will be completed in a more 

timely manner. 

There are also several other provisions in this bill that further honor the 

final resting places of our Nation’s fallen heroes by providing improvements 

to the VA’s national cemetery program 

and burial process, as well as at Arlington National Cemetery. 

I believe we have a solemn obligation 

to cherish the memory and the heroic 

actions of our fallen heroes by holding 

ourselves and our organizations to the 

highest standards, which this legislation aims to do. 

Therefore, I urge all Members to support H.R. 5948. 

Mr. MICHAUD. I reserve the balance 

of my time. 

Mr. MILLER of Florida. Mr. Speaker, 

I now yield 1 minute to the gentleman 

from Ohio (Mr. STIVERS). 

Mr. STIVERS. I’d like to thank the 

gentleman for yielding. 

As a Member of Congress and a serviceman, I was as shocked as everyone 

else by the stories coming out late last 

year about Dover Air Force Base mortuary sending cremated unidentified 

remains to the Prince George’s landfill. 

It’s a terrible injustice to our servicemembers, and it can’t be allowed to 

happen again. 

While unidentified partial remains 

are now cremated and buried at sea, I 

believe we should not leave those heroes behind. My bill that became section 3 of H.R. 5948 creates a place of remembrance at Arlington National 

Cemetery for each conflict moving forward and ensures the remains of those 

who served and gave their lives have a 

final resting place that’s deserving and 

worthy of their dedication and devotion. 

I’d like to thank the chairman, and 

I’d like to thank the gentleman from 

Minnesota (Mr. WALZ), and the gentleman from New Jersey (Mr. RUNYAN) 

for their help and assistance on the 

bill. 

I would ask my colleagues to support 

H.R. 5948 and help ensure that there’s a 

place of remembrance for those who’ve 

given their final measure of devotion, 

especially if their remains are unidentified, and make sure we send their remains to a place worthy of their dedication and commitment and devotion. 

Mr. MICHAUD. Mr. Speaker, it’s my 

understanding Chairman MILLER has 

no further speakers. 

Mr. MILLER of Florida. That’s correct, no further speakers. 

Mr. MICHAUD. I yield back the balance of my time. 

GENERAL LEAVE

Mr. MILLER of Florida. Mr. Speaker, 

I ask unanimous consent that all Members would have 5 legislative days within which to revise and extend their remarks on H.R. 5948, as amended. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from Florida? 

There was no objection. 

Mr. MILLER of Florida. I thank you 

once again and encourage all Members 

to support this legislation. 

I yield back the balance of my time. 

The SPEAKER pro tempore. The 

question is on the motion offered by 

the gentleman from Florida (Mr. MILLER) that the House suspend the rules 

and pass the bill, H.R. 5948, as amended. 

The question was taken; and (twothirds being in the affirmative) the 

rules were suspended and the bill, as 

amended, was passed. 

The title was amended so as to read: 

‘‘A bill to amend title 38, United States 

Code, to improve the supervision of fiduciaries of veterans under the laws 

administered by the Secretary of Veterans Affairs, to establish a Place of 

Remembrance at Arlington National 

Cemetery, and for other purposes.’’. 

A motion to reconsider was laid on 

the table. 

f 

VA MAJOR CONSTRUCTION AUTHORIZATION AND EXPIRING AUTHORITIES EXTENSION ACT OF 

2012 

Mr. MILLER of Florida. Mr. Speaker, 

I move to suspend the rules and pass 

the bill (H.R. 6375) to authorize certain 

Department of Veterans Affairs major 

medical facility projects and leases, to 

amend title 38, United States Code, to 

extend certain authorities of the Secretary of Veterans Affairs, and for 

other purposes, as amended. 

The Clerk read the title of the bill. 

The text of the bill is as follows: 

H.R. 6375 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as 

the ‘‘VA Major Construction Authorization 

and Expiring Authorities Extension Act of 

2012’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. References to title 38, United States 

Code. 

Sec. 3. Scoring of budgetary effects. 

TITLE I—CONSTRUCTION 

AUTHORIZATIONS 

Sec. 101. Authorization of fiscal year 2013 

major medical facility projects. 


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September 19, 2012 CONGRESSIONAL RECORD — HOUSE H6095 

Sec. 102. Authorization of major medical facility project in Miami, Florida. 

Sec. 103. Authorization of appropriations. 

TITLE II—EXTENSIONS OF CERTAIN 

EXPIRING AUTHORITIES 

Sec. 201. Extension of authority to calculate 

the net value of real property 

securing a defaulted loan for 

purposes of liquidation. 

Sec. 202. Extension of authority for operation of the Department of Veterans Affairs regional office in 

Manila, the Republic of the 

Philippines. 

Sec. 203. Extension of authority to provide 

treatment, rehabilitation, and 

certain other services for seriously mentally ill and homeless 

veterans. 

Sec. 204. Extension of authority to provide 

expanded services to homeless 

veterans. 

Sec. 205. Extension of authority to provide 

housing assistance for homeless 

veterans. 

Sec. 206. Extension of authority for the Advisory Committee on Homeless 

Veterans. 

Sec. 207. Extension of authority for the performance of medical disability 

examinations by contract physicians. 

SEC. 2. REFERENCES TO TITLE 38, UNITED 

STATES CODE. 

Except as otherwise expressly provided, 

whenever in this Act an amendment or repeal is expressed in terms of an amendment 

to, or repeal of, a section or other provision, 

the reference shall be considered to be made 

to a section or other provision of title 38, 

United States Code. 

SEC. 3. SCORING OF BUDGETARY EFFECTS. 

The budgetary effects of this Act, for the 

purpose of complying with the Statutory 

Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement 

titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, submitted for printing in 

the Congressional Record by the Chairman of 

the House Budget Committee, provided that 

such statement has been submitted prior to 

the vote on passage. 

TITLE I—CONSTRUCTION 

AUTHORIZATIONS 

SEC. 101. AUTHORIZATION OF FISCAL YEAR 2013 

MAJOR MEDICAL FACILITY 

PROJECTS. 

The Secretary of Veterans Affairs may 

carry out the following major medical facility projects in fiscal year 2013 in the amount 

specified for each project: 

(1) Construction of a mental health building at the Department of Veterans Affairs 

Medical Center, Seattle, Washington, in an 

amount not to exceed $222,000,000. 

(2) Construction of a spinal cord injury 

center at the Department of Veterans Affairs 

Medical Center, Dallas, Texas, in an amount 

not to exceed $155,200,000. 

SEC. 102. AUTHORIZATION OF MAJOR MEDICAL 

FACILITY PROJECT IN MIAMI, FLORIDA. 

(a) IN GENERAL.—The Secretary of Veterans Affairs may carry out the major medical facility project described in subsection 

(b) in an amount not to exceed a total of 

$41,000,000. 

(b) PROJECT DESCRIBED.—The major medical facility project described in this subsection is the renovation of the surgical 

suite and operating rooms at the Department of Veterans Affairs Medical Center, 

Miami, Florida. 

SEC. 103. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION OF APPROPRIATIONS FOR

CONSTRUCTION.—There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2013 or the year in which 

funds are appropriated for the Construction, 

Major Projects, account $377,200,000 for the 

projects authorized in section 101. 

(b) LIMITATION.—In addition to any limitations under section 8104 of title 38, United 

States Code, or other provision of law that 

apply to the projects authorized in section 

101 and 102, such projects may only be carried out using— 

(1) funds appropriated for fiscal year 2013 

pursuant to the authorization of appropriations in subsection (a) of this section; 

(2) funds available for Construction, Major 

Projects, for a fiscal year before fiscal year 

2013 that remain available for obligation; 

(3) funds available for Construction, Major 

Projects, for a fiscal year after fiscal year 

2013 that remain available for obligation; 

(4) funds appropriated for Construction, 

Major Projects, for fiscal year 2013 for a category of activity not specific to a project; 

(5) funds appropriated for Construction, 

Major Projects, for a fiscal year before 2013 

for a category of activity not specific to a 

project; and 

(6) funds appropriated for Construction, 

Major Projects, for a fiscal year after 2013 for 

a category of activity not specific to a 

project. 

TITLE II—EXTENSIONS OF CERTAIN 

EXPIRING AUTHORITIES 

SEC. 201. EXTENSION OF AUTHORITY TO CALCULATE THE NET VALUE OF REAL 

PROPERTY SECURING A DEFAULTED 

LOAN FOR PURPOSES OF LIQUIDATION. 

Section 3732(c)(11) is amended by striking 

‘‘October 1, 2012’’ and inserting ‘‘October 1, 

2013’’. 

SEC. 202. EXTENSION OF AUTHORITY FOR OPERATION OF THE DEPARTMENT OF 

VETERANS AFFAIRS REGIONAL OFFICE IN MANILA, THE REPUBLIC OF 

THE PHILIPPINES. 

Section 315(b) is amended by striking ‘‘December 31, 2012’’ and inserting ‘‘December 31, 

2013’’. Such section 315 shall be carried out as 

amended by this section notwithstanding the 

date described in section 151 of the Continuing Appropriations Resolution, 2013. 

SEC. 203. EXTENSION OF AUTHORITY TO PROVIDE TREATMENT, REHABILITATION, 

AND CERTAIN OTHER SERVICES FOR 

SERIOUSLY MENTALLY ILL AND 

HOMELESS VETERANS. 

Section 2031(b) is amended by striking ‘‘December 31, 2012’’ and inserting ‘‘December 31, 

2013’’. 

SEC. 204. EXTENSION OF AUTHORITY TO PROVIDE EXPANDED SERVICES TO 

HOMELESS VETERANS. 

Section 2033(d) is amended by striking ‘‘December 31, 2012’’ and inserting ‘‘December 31, 

2013’’. 

SEC. 205. EXTENSION OF AUTHORITY TO PROVIDE HOUSING ASSISTANCE FOR 

HOMELESS VETERANS. 

Section 2041(c) is amended by striking ‘‘December 31, 2012’’ and inserting ‘‘December 31, 

2013’’. 

SEC. 206. EXTENSION OF AUTHORITY FOR THE 

ADVISORY COMMITTEE ON HOMELESS VETERANS. 

Section 2066(d) is amended by striking ‘‘December 31, 2012’’ and inserting ‘‘December 31, 

2013’’. 

SEC. 207. EXTENSION OF AUTHORITY FOR THE 

PERFORMANCE OF MEDICAL DISABILITY EXAMINATIONS BY CONTRACT PHYSICIANS. 

Section 704(c) of the Veterans Benefits Act 

of 2003 (38 U.S.C. 5101 note) is amended by 

striking ‘‘December 31, 2012’’ and inserting 

‘‘December 31, 2013’’. 

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 

Florida (Mr. MILLER) and the gentleman from Maine (Mr. MICHAUD) each 

will control 20 minutes. 

The Chair recognizes the gentleman 

from Florida. 

Mr. MILLER of Florida. Mr. Speaker, 

I yield myself such time as I might 

consume. 

This bill, as amended, would authorize certain Department of Veterans Affairs major medical facility projects, 

and it would also extend certain expiring authorities. 

It encompasses VA’s fiscal year for 

2013, for major medical facility 

projects, and already tracks with the 

resources we have already provided to 

the Department for health care matters in the appropriations bill that was 

passed by the House with bipartisan 

support. It would aid in the delivery of 

health care to services and to servicemembers, veterans, and their families 

in communities all across this country. 

It authorizes two major medical facility projects, the construction of a 

mental health building at the VA Medical Center in Seattle, Washington, in 

an amount not to exceed $222 million, 

and the construction of a spinal cord 

injury center at the VA Medical Center 

in Dallas, Texas, in an amount not to 

exceed $155.2 million. 

Section 102 of the bill would authorize the renovation of the surgical suite 

and operating rooms at the Medical 

Center in Miami, in an amount not to 

exceed $41 million. I would note that 

this project was originally undertaken 

by the Department in 2007 as two separate minor construction projects. 

However, in 2008, the two separate 

projects were combined into a single 

initiative without the knowledge of 

VA’s central office, or the approval, in 

direct violation of established procedures. The VA officials first became 

aware of this issue in February of this 

year, and in April of this year they determined that the combined project 

constituted a major construction 

project that had moved forward without congressional authorization as required by law. 

Work on the project is currently suspended, at a cost of approximately 

$6,000 a day. As soon as our committee 

became aware of the issue, we requested an in-depth briefing from VA 

officials to get to the bottom of the 

issue and to ensure that the leaders of 

the VA responsible for this egregious 

oversight were, in fact, held accountable. 

It’s really nothing short of unacceptable to this committee and, I would 

hope, to this Congress that this facility 

had been openly flouting VA policy 

and, more importantly, breaking Federal law for 4 years without consequence before somebody at VA took 

notice. 

How many other VA projects have 

moved forward without regard for proper procedure, legal requirements, or 

congressional authorization; and how 

long has the central office not been 

paying attention? 


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H6096 CONGRESSIONAL RECORD — HOUSE September 19, 2012 

The committee will continue to be 

vigorous in our oversight. But in the 

meantime, we cannot allow the American taxpayer or the veterans of south 

Florida to suffer because of a bureaucratic failing or lack of leadership. 

The Department has proposed using 

approximately $12.1 million in prioryear major construction advance planning funds to complete the remainder 

of the Miami project; and I’ve been assured repeatedly by VA officials that 

the use of this money will in no way 

negatively impact the planning or design of any other project. 

I’ve also been assured by the Department that once congressional authorization is received, the project can be 

completed in 120 days. I’m hopeful that 

the Department is correct in its assessment of the work that remains and 

that this provision will allow for the 

completion of this project to better 

serve the veterans in the Miami area. 

Section 103 of this bill would authorize the appropriation of $377.2 million 

for VA major construction projects. 

Title II of this bill would extend expiring authorities for several programs 

within VA, including programs designed to help veterans keep their 

homes, gain greater access to compensation and pension examinations, 

better serve veterans living in the Philippines, and provide supportive services to those who are homeless. 

This legislation represents a bipartisan effort; and I’d like to express my 

thanks to the ranking member, Mr. 

FILNER, and Mr. MICHAUD for his hard 

work and leadership in quickly advancing this important legislation to the 

floor. 

And before I yield, I’d like to point 

out that the bill before us today does 

not include major medical facility 

lease authorizations, as it normally 

would, due to concerns raised late last 

week by the Congressional Budget Office about how to properly account for 

the total cost of VA’s lease authorization. 

Mr. Speaker, I want to assure our 

veterans and stakeholders that I am 

committed to working closely with my 

colleagues in the Senate, the administration’s Office of Management and 

Budget, and the Congressional Budget 

Office to find a way forward on those 

important authorizations in the very 

near future. 

I urge all of my colleagues to join me 

in support of H.R. 6375, as amended. 

I reserve the balance of my time. 

Mr. MICHAUD. Mr. Speaker, I yield 

myself such time as I may consume. 

I’d like to thank my colleagues for 

the hard work and effort on this very 

important bill as well. 

Each year, as we assess the construction needs of the Department of Veterans Affairs, we do so with the safety 

and health of our veterans in mind, as 

well as fulfilling our statutory requirements to authorize major medical facility projects. This is a responsibility 

that we do not take lightly. 

b 1600 

H.R. 6375, the VA Major Construction 

Authorization and Expiring Authorities Extension Act of 2012, would authorize approximately over $377 million 

for major medical facility projects. 

Specifically included is the authorization for a mental health building at the 

VA Medical Center in Seattle, Washington, and for a spinal cord injury facility at the VA Medical Center in Dallas, Texas. Mr. Speaker, these authorizations provide the Department of 

Veterans Affairs the ability to provide 

state-of-the-art health care and services to our Nation’s veterans wherever 

they choose to live. 

I would like to take a few moments 

to comment on section 102, which provides the authority for the renovation 

of the surgical suite and the operating 

rooms at the VA Medical Center in 

Miami, Florida. 

Earlier this year, it was brought to 

the committee’s attention that VA was 

going to need additional authorization 

to finish the renovation of the operating suites in Miami. It is my understanding that, during the design phase 

of the original projects, an assessment 

was conducted, and the recommendation was to completely close down the 

surgical suite because of infection control and safety issues related to construction. Because of these, two smaller Miami projects were combined, and 

the cost exceeded the monetary threshold of $10 million that governs the need 

to seek congressional authority. Working in a bipartisan manner, with the 

concerns for the safe continuation of 

surgery in the Miami VA Medical Center always first and foremost in our 

minds, we have included this project so 

that VA can move forward without 

delay. 

In addition to major facility projects, 

H.R. 6375 provides for the extension of 

certain expiring authorities. I am 

pleased to strongly support the extensions of the programs that directly affect some of our most vulnerable veterans—the serious mentally ill and 

homeless. Finally, Mr. Speaker, we 

have also included an extension of VA’s 

contract authority with private providers of compensation and pension 

exams. 

I support these provisions, but I also 

want to ensure that we remain vigilant 

in our oversight of this authority. As 

such, I am pleased to see 1-year extensions of these authorities, and I urge 

my colleagues to support H.R. 6375. 

I reserve the balance of my time. 

Mr. MILLER of Florida. Mr. Speaker, 

we have no more speakers on this particular piece of legislation. 

Mr. MICHAUD. Mr. Speaker, in closing, I would encourage my colleagues 

on both sides of the aisle to support 

this particular piece of legislation, 

which is very important for our veterans. 

I would be remiss, though, if I didn’t 

say that, like my colleague from New 

York earlier, I am disappointed that we 

are leaving Washington when we have a 

lot of work to do, such as the middle 

class tax cuts, the farm bill, the Violence Against Women Act, and responsible deficit reduction, as well as my 

bill that addresses the issue of our 

military, members of which are supposed to be clothed from head to toe 

with American-made clothing. The fact 

that the administration is not complying with the Berry amendment is 

very disappointing. Hopefully, we will 

be able to address these issues before 

the end of the year so that we can take 

care of a lot of the concerns that my 

constituents have brought forth. 

With that, I yield back the balance of 

my time. 

GENERAL LEAVE

Mr. MILLER of Florida. Mr. Speaker, 

I ask unanimous consent that all Members have 5 legislative days within 

which to revise and extend their remarks on H.R. 6375, as amended. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from Florida? 

There was no objection. 

Mr. MILLER of Florida. Mr. Speaker, 

I appreciate my colleague for helping 

to point out the fact that the Senate, 

itself, has not acted on many of the 

pieces of legislation that, in fact, this 

House has passed and sent over to it. It 

is a shame that, for the last 3 years, 

they have not taken up such good legislation. 

With that, I thank my colleagues 

once again for their support, and I 

yield back the balance of my time. 

The SPEAKER pro tempore. The 

question is on the motion offered by 

the gentleman from Florida (Mr. MILLER) that the House suspend the rules 

and pass the bill, H.R. 6375, as amended. 

The question was taken; and (twothirds being in the affirmative) the 

rules were suspended and the bill, as 

amended, was passed. 

The title was amended so as to read: 

‘‘A bill to authorize certain Department of Veterans Affairs major medical facility projects, to amend title 38, 

United States Code, to extend certain 

authorities of the Secretary of Veterans Affairs, and for other purposes.’’. 

A motion to reconsider was laid on 

the table. 

f 

CONFIRMING FULL OWNERSHIP 

RIGHTS TO ARTIFACTS FROM 

ASTRONAUTS’ SPACE MISSIONS 

Mr. HALL. Mr. Speaker, I ask unanimous consent that the ordering of the 

yeas and nays on the motion that the 

House suspend the rules and pass the 

bill (H.R. 4158) to confirm full ownership rights for certain United States 

astronauts to artifacts from the astronauts’ space missions, be vacated, to 

the end that the Chair put the question 

de novo. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from Texas? 

There was no objection. 

The SPEAKER pro tempore. The 

question is on the motion offered by 


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