Matt Cartwright

Mr. CARTWRIGHT

Mr. CARTWRIGHT. I have a simple question. Name one Federal judge who has granted all of the attorneys' fees where there are 15 frivolous claims and one successful one. I have never heard of such a thing.

Mr. CARTWRIGHT. Mr. Chair, I demand a recorded vote.

Mr. CARTWRIGHT. Mr. Chair, I acknowledge my colleague from Colorado. However, his silence on the point I was making is deafening. The point I made is that cutting out EAJA from this act means that you are attacking successful claims. If your point is to attack frivolous lawsuits, you don't cut out reimbursing legal fees and costs for successful claims. What are we really up to by doing that? I yield back the balance of my time.

Mr. CARTWRIGHT. Mr. Chairman, I think it is interesting that this amendment is coming up, as it has in the past, because it simply proves the point we have been trying to make. The larger point is that this bill is simply too broad. It covers every possible mineral you could mine, including potash. I think the gentleman from New Mexico would agree that potash is not a strategic and critical mineral. It does not need the environmental review waivers that this bill would provide. What many of my colleagues and I are saying is that potash is no different from many other minerals. The concern for southeastern New Mexico is that potash development and oil and gas drilling should be able to occur without conflict. This bill would threaten that. Well, we want to make sure that mineral development doesn't conflict with other things as well throughout the country, like hunting, fishing, camping, grazing, recreating, conserving, and other legitimate uses. Unfortunately, this bill threatens that, and we are likely not going to grant exemptions for these purposes like we are for the oil and gas industry. I would certainly like it if sportsmen were protected from hastily adopted and permitted sand and gravel quarries the same way you want your oil and gas drillers to be protected from hastily permitted potash mines. Interestingly, potash is a mineral where we import over 80 percent of our supply. We are entirely self-sufficient in sand and gravel. So, by that standard, you could say that potash is more critical and strategic than sand and gravel. But the majority will allow this amendment to be adopted because it benefits oil and gas producers. Mr. Chairman, meanwhile, the Lowenthal amendment, which takes sand and gravel out of this bill for the benefit of everyone else in this country, is likely to get voted down. I think that is unfortunate. Mr. Chairman, I urge my colleagues to reject this amendment. Mr. Chairman, I yield back the balance of my time.

Mr. CARTWRIGHT. Mr. Chairman, I ask unanimous consent to claim the time that is allotted to the opposition to this amendment, although I do not intend to oppose it.

Mr. CARTWRIGHT. Mr. Chair, I yield myself such time as I may consume. Mr. Chair, just off the floor of the House of Representatives, steps outside the door, we have a magnificent statue of one of our Founding Fathers, Thomas Jefferson. Thomas Jefferson said: ``I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.'' The amendment I offer today, Mr. Chair, ensures that an important right of the American people is preserved: the right to hold the government accountable for their actions, the right of ordinary Americans to go into court and hold the government accountable. The right to challenge the government in court should not be limited to large groups that are well funded and have the financial ability to pay for a lawyer, and that is exactly what this bill would do. This right should be extended to every American citizen, every small business, every nonprofit organization regardless of the size and scope of their wallets. Now, as a lifetime courtroom lawyer, I know the importance of being able to access the court system. For many years, I fought to make sure that ordinary Americans could have their day in court and hold wrongdoers accountable. Access to the courts is a key right envisioned by not only Thomas Jefferson, but all of the Founding Fathers, and is protected by the Equal Access to Justice Act, the EAJA, which allows eligible individuals to recover fees and expenses from the government if they win their day in court. As a Congressman and former trial attorney, I cannot and will not stand by silently and watch this bill chip away at this American right without standing up and speaking out. By exempting exploration and mining permits from the Equal Access to Justice Act, this bill prevents valid claims from reaching the courts by prohibiting the government from reimbursing legal expenses to parties that win in court. This overturns 30 years of legal precedent aimed at opening the court's doors to the public. What I can't understand is why any of my colleagues across the aisle would want to limit review of the government's actions, given the fairly consistent message we hear that government has gotten too big and continues to come up with unnecessary rules and rulings. EAJA allows average citizens to challenge this kind of thing in court, challenge the very kind of supposed overreach that the majority always likes to talk about. We have heard time and time again from the majority that blocking access to the courts is necessary to halt frivolous and unnecessary litigation, as if judges are incapable or lack the intellectual rigor to be able to figure it out for themselves; but it is this bill that is frivolous and unnecessary, and the Congressional Budget Office proves it. The Congressional Budget Office, the CBO, estimates that this bill, H.R. 1937, would reduce direct spending by less than $50,000 a year. We are throwing up a barrier to access the courts for a paltry $50,000 a year. But the larger point is this is money that is awarded to successful claimants against the government. Why would you want to punish the successful claimants in the name of cutting down on frivolous litigation? Frivolous litigation, by definition, is claims that are so bad, they couldn't possibly win in court and never do. The only reason I can see for the EAJA exemption in this bill is that it further solidifies industry's free pass to mine on U.S. public lands. First, this bill limits public and agency consideration by waiving the National Environmental Policy Act, NEPA, and setting unrealistic time limits. Then title II puts the nail in the coffin by eliminating the public's last opportunity to review a mine's permit by challenging it in open court. My amendment today would strike all of title II, including the EAJA exemption, in order to maintain this vital, time-honored American public right to challenge the government's decisions in court. I urge the adoption of this amendment. I reserve the balance of my time.

Mr. CARTWRIGHT. Mr. Chair, I have an amendment at the desk.

Mr. CARTWRIGHT. Will the gentleman yield?

Mr. CARTWRIGHT

Mr. CARTWRIGHT. Mr. Speaker, I rise today to honor the Women's Resource Center which will be awarded the 2015 Lackawanna Pro Bono's Robert W. Munley Award. Lackawanna Pro Bono is a non-profit organization established in 1997 to increase the availability of free legal representation for low-income individuals and families throughout Lackawanna County. The Women's Resource Center is a non-profit organization located in Scranton, Pennsylvania. The Women's Resource Center is the sole provider of domestic violence and sexual assault services in Lackawanna and Susquehanna Counties. Since 1976, Women's Resource Center has provided free and confidential services that support justice, autonomy, restoration, and safety for adult and child survivors of domestic violence, sexual assault, dating violence, and stalking. Women's Resource Center utilizes a holistic approach, providing crisis and advocacy services, safe housing, transitional housing and civil/legal representation for survivors. Programs are designed to be flexible to meet the needs of survivors from diverse ethnic, cultural, racial, and socioeconomic backgrounds. In 2014, Women's Resource Center provided services to 1,504 survivors of domestic violence and 297 survivors of sexual assault, providing safe housing for 145 families. Civil legal representation was provided for 110 program participants with 206 case filings. Today, under the leadership of Executive Director Peg Ruddy, the Women's Resource Center remains a dynamic force in northeastern Pennsylvania, helping over 50,000 women and children in Lackawanna and Susquehanna Counties rebuild their lives free of violence and fear since beginning operations. Of that number, 42,138 were adult and child victims of domestic violence and 9,949 victims of sexual abuse. Those reaching out for help come from all walks of life, socioeconomic backgrounds, education, ethnicities, and sexual orientation. Services are free and extended to everyone, including family members, adult survivors of childhood sexual abuse, and men in same sex relationships. It is an honor to recognize the Women's Resource Center for the great service it has done for the community, and I extend my congratulations on being awarded the Lackawanna Pro Bono's Robert W. Munley Award. I commend the Women's Resource Center for the great efforts it puts forth to make northeastern Pennsylvania a better community.

Mr. CARTWRIGHT

Mr. CARTWRIGHT. Mr. Speaker, I rise today to honor Dr. Robert Wright, recipient of the 2015 Lackawanna Pro Bono's Robert W. Munley Award. Lackawanna Pro Bono is a non-profit organization established in 1997 to increase the availability of free legal representation for low-income individuals and families throughout Lackawanna County. Credited with transforming the training given to doctors in northeastern Pennsylvania, Dr. Wright is the former president and CEO of the Wright Center for Graduate Medical Education. Originally established by Dr. Wright in 1977 as the Scranton Temple Residency Program, it was renamed in 2010 to honor Dr. Wright. Since its founding, The Wright Center's mission is to continuously improve education and patient care in a collaborative spirit in order to enhance health care outcomes, access, and affordability. The program includes all three Scranton hospitals and clinics in Scranton, Archbald, and Clarks Summit. Dr. Wright also played an integral role in establishing The Commonwealth Medical College in Scranton and generated significant community support for the endeavor. Dr. Wright is a graduate of the Temple School of Medicine. He completed his residency training in Internal Medicine at Temple and fellowship training in Hematology and Oncology at the University of Washington in Seattle. He is a Professor of Medicine at Temple University and also holds a volunteer faculty appointment at The Commonwealth Medical College. Dr. Wright was the Founding Chair of The Commonwealth Medical College Board and currently chairs its Academic Affairs and Compliance Committees. It is an honor to recognize Dr. Robert Wright for the pioneering work he has done for the medical community, and I extend my congratulations to him on being awarded the Lackawanna Pro Bono's Robert W. Munley Award. I commend Dr. Robert Wright for all the effort he has put forth to make northeastern Pennsylvania a better place to live.

Mr. CARTWRIGHT

Mr. CARTWRIGHT. Mr. Speaker, I rise today to honor all medical assistant professionals as we observe National Medical Assistants Week. According to the U.S. Bureau of Labor Statistics, medical assisting is one of our country's fastest growing occupations with an estimated 584,000 men and women serving nationwide. These medical professionals are central figures in the health care industry as they promote, support, and help maintain cooperative and successful relationships between patients and physicians. In the U.S., medical assistants have traditionally held jobs almost exclusively in ambulatory care centers, urgent care facilities, and clinics, but this is now changing. Today, medical assistants work in private and public hospitals, inpatient and outpatient facilities, assisted living facilities, or in general practice and specialists' offices. Operating with a wide array of skills at their disposal, medical assistants are responsible for administrative roles such as scheduling appointments, maintaining medical records, recording billing and coding information for insurance purposes, as well as performing clinical duties like taking and recording vital signs, completing medical histories, preparing patients for examination, drawing blood, and administering medications as directed by a physician. With their unique versatility, medical assistants are assets to the medical field that serves both doctors and patients with loyalty and dedication. It is a privilege to recognize these honorable men and women who are committed to health care and work diligently to heal fellow citizens and others in our country. I wish all who pursue this worthy vocation the best, and I urge all Americans to be aware of their sizeable contributions to our health care system.

Mr. CARTWRIGHT

Mr. CARTWRIGHT. Mr. Speaker, I rise today to honor the Greater Wilkes-Barre Association of Realtors as they celebrate 100 years of service to the community. For the past century, the Association's members have helped families in their pursuit of the American dream of home ownership. The Greater Wilkes-Barre Association of Realtors traces its origins with the establishment of Wilkes-Barre Real Estate Exchange in 1915. Today, with over 400 members, the organization is an affiliate of the National Association of Realtors and operates under the capable leadership of Charles Adonizio III. On January 1, 2016 the Greater Wilkes-Barre Association of Realtors plans to merge with its counterpart, the Greater Hazelton Association of Realtors. The two groups will form the Luzerne County Association of Realtors. With this consolidation, both organizations hope to provide more professional services to their members and to better serve all of Luzerne County. It is an honor to recognize the Greater Wilkes-Barre Association of Realtors, and I applaud the organization and its members for a century of top-notch professional service to the community. I wish the Association all the best as its members continue their work for northeastern Pennsylvania through the new Luzerne County Association of Realtors.

Mr. CARTWRIGHT

Mr. CARTWRIGHT. Mr. Speaker, I rise today to honor Robert Bishop, Esq., who will be awarded the 2015 Lackawanna Pro Bono's Attorney Robert W. Munley Award. Lackawanna Pro Bono is a non-profit organization established in 1997 to increase the availability of free legal representation for low-income individuals and families throughout Lackawanna County. Robert has been principal of Hourigan, Kluger & Quinn, PC, since 1985. His practice specializes in estate planning and administration, as well as elder law matters, real estate transactions, business transactions, and corporate matters for clients in Luzerne, Lackawanna and surrounding counties. He is a graduate of Penn State University and Temple University School of Law. In addition to volunteering his expertise to the Lackawanna Pro Bono, Robert is very active in the Northeastern Pennsylvania community. He is president of the Amos Lodge of B'nai B'rith, vice president of the Greater Scranton Chamber of Commerce, secretary of the Jewish Home of Eastern Pennsylvania, past president of Glen Oak Country Club, past president and board member of Temple Israel of Scranton, past president of the ARC of Northeastern Pennsylvania, past president and board member of Jewish Family Services of Northeastern Pennsylvania, past president and life member of Scranton Counseling Center, past president and advisory board member of the Salvation Army Citadel in Scranton, past president and board member of the Estate Planning Council of Northeastern Pennsylvania, and a board member of the Schwartz/Mack Foundation. Robert serves on the boards of the ARC Foundation and the Amos Towers Housing Foundation and the advisory boards of the Scranton Area Foundation, the Kania School of Management at the University of Scranton, and M&T Bank. He is an emeritus member of the Penn State Worthington advisory board, and serves on the board of the Jewish Federation of Northeastern Pennsylvania. It is an honor to recognize Robert Bishop for the great service he has done for his community, and I extend my congratulations on being awarded the Lackawanna Pro Bono's Robert W. Munley Award. I commend Robert for all the effort he has put into making northeastern Pennsylvania a better place to live, work, and raise a family.

Mr. CARTWRIGHT

Mr. CARTWRIGHT. Mr. Speaker, I rise today to honor Anthony D. Bruno II, M.D., who will be awarded the Italian-American Association's Person of the Year Award on Sunday, October 11, 2015. Anthony is a native of Pittston and is the son of Dr. Anthony Bruno and Pauline Bruno. Anthony attended Wyoming Area High School and graduated from the University of Scranton with a bachelor's degree in biology, magna cum laude. Following college, Anthony earned his Doctor of Medicine degree from Creighton University School of Medicine in Omaha, Nebraska. During his time there, he received the Most Outstanding Student in Surgery Award. Following medical school, Anthony trained in general surgery at Westchester Medical Center in New York and at Creighton University Medical Center. Anthony completed an additional three years of training in plastic and reconstructive surgery at Duke University Medical Center in Durham, North Carolina. Today, Anthony is certified by both the American Board of Surgery and the American Board of Plastic Surgery and is a member of the American Society of Plastic Surgeons. In 2007, Anthony returned to the Wyoming Valley to raise a family and serve the community of Northeast Pennsylvania. He started the Plastic and Reconstructive Surgery Department at Geisinger Wyoming Medical Center. He was recognized for his leadership and professionalism by the Times Leader and was awarded the paper's 40 Under 40 Award. It is an honor to recognize Anthony for all of his accomplishments, and I extend my congratulations on his award. I wish him the best in all future endeavors and thank him for the contributions he has made serving his fellow Pennsylvanians.

Mr. CARTWRIGHT

Mr. CARTWRIGHT. Mr. Speaker, I rise today to honor Peter J. Adonizio who will be awarded the Italian-American Association's Lifetime Achievement Award on Sunday, October 11, 2015. A native of Pittston, Pennsylvania, Peter has a long history of service to his local community and the Commonwealth of Pennsylvania. Peter attended Scranton Preparatory School and is a graduate of St. Leo University in Florida. In 1983, Peter studied at the Simmons Institute of Funeral Service, earning a diploma in Mortuary Science. Upon completing his internship and completing the requirements of the Commonwealth of Pennsylvania, Peter became a licensed funeral director in 1984. After completing his education, Peter worked for his family's asphalt company until 1991. He then worked as a probation officer for Luzerne County, PA. In 1993, Peter was appointed by Luzerne County as a deputy coroner. Four years later, he was appointed Deputy Court Administrator, also earning his district magistrate certification. In 2000, after a Pennsylvania Supreme Court order and the formation of the Unified Judicial Court System, Peter became a Deputy Court Administrator for the Commonwealth of Pennsylvania. During that time, Peter received a special commendation from the Pennsylvania Supreme Court for his service to the judicial system as a member of the Judicial Council's Committee on Judicial Security and Emergency Preparedness. He retired in 2013, after twenty years of service. In addition to his career in government, Peter also worked as a funeral director. Peter established the Peter J. Adonizio Funeral Home in 2001 in West Pittston. As a result of flooding caused by Tropical Storm Lee in 2011, Peter relocated his funeral home to William Street in Pittston. Adonizio is a member of the Luzerne County Funeral Directors Association, Pennsylvania Funeral Directors Association, and the National Funeral Directors Association. It is an honor to recognize Peter for all of his community and state accomplishments, and I extend my congratulations on his award. I wish him the best in all future endeavors and thank him for the contributions he has made serving his fellow Pennsylvanians.

Mr. CARTWRIGHT

Mr. CARTWRIGHT. Mr. Speaker, I rise today to honor Catherine R. O'Donnell, Esq., who was selected for the President's Award by the Wilkes-Barre Law & Library Association. The President's Award honors attorneys who display exemplary professionalism, integrity, and ethics throughout his or her legal career. It is the highest award that the Wilkes-Barre Law & Library Association bestows. Cathy has been practicing law for over 25 years. She graduated cum laude from the University of Pittsburgh with a joint degree in business and economics and a minor in history. In 1987, Cathy received her Juris Doctor and Master of Business degrees from the University of Pittsburgh. She is a member of the Pennsylvania and District of Columbia Bar. In addition, Cathy is a member of The American Association for Justice and the Pennsylvania Association for Justice. In October of 2000, Governor Thomas Ridge appointed Cathy as a District Justice. Unanimously confirmed by the Pennsylvania Senate, Cathy honorably served our state until January 2002. Today, Cathy practices estate planning and administration at the O'Donnell Law Offices. Her skill and knowledge as a lawyer has earned her recognition as a Pennsylvania Super Lawyer, ALM Top-Rated Trusts and Estates Lawyer, Martindale-Hubbell's Bar Register of Preeminent Women Lawyers and Martindale-Hubbell's AV Preeminent Rating from 2002-2015. In 2015, she was named one of Rue Rating's Best Attorneys of America. Cathy remains an active member of her local community. Cathy is a past president of the Parent's Associates of Wyoming Valley Montessori School and the Lower and Upper Schools of Wyoming Seminary. She is also a past president of the pastoral council of the former St. Therese's Church in Wilkes-Barre. She is a current member of the Orphans' Court Practice Committee and current Chair of the Religious Outreach Committee of the Wilkes-Barre Law Library Association. Cathy is a board member of Junior Leadership of Wilkes-Barre, a member of the United Way Cabinet, and a board member for Dress for Success of Luzerne County. It is an honor to recognize Cathy O'Donnell for her many accomplishments, and I extend Cathy my congratulations for being awarded the Wilkes-Barre Law & Library Association President's Award. I commend Cathy for her service to our community.

Mr. CARTWRIGHT

Mr. CARTWRIGHT. Mr. Speaker, I thank the gentleman for yielding, and I want to thank, particularly, Representatives Sinema and Benishek for bringing up this Special Order hour. For my own part, I speak for the northeastern part of Pennsylvania. Pennsylvania is home to nearly 1 million veterans. These are brave men and women who serve this Nation, a Nation that has, regrettably, not always served them. Many of the veterans suffer from mental illness. A study, as you all know, has been released that found that 22 veterans commit suicide every day. This is unacceptable. As someone who deeply cares about veterans' issues, I was proud to introduce legislation in the last Congress that would fast-track the hiring of psychiatrists who have completed a residency at a VA facility, and I was gratified that the President has incorporated many of those ideas in his policy. Initially, in this Congress, I plan to reintroduce the Veterans Mental Health Accessibility Act, an important piece of legislation that aims to provide for our brave servicemen and -women when they return from combat with both easily visible and difficult-to-detect wounds. While the physical wounds are evident immediately, the mental health ones may take longer to manifest themselves. Here is the problem: as many as 30 percent of Operation Iraqi and Enduring Freedom veterans face the possible diagnosis of a mental health disorder. But after 5 postservice years, if a condition is not diagnosed, veterans would go to the back of the line. They have missed their statute of limitations in 5 years and then experience an average wait time to receive benefits of more than 1 year. This could mean the difference between life and death. Unfortunately, mental health disorders are harder to diagnose, may take much longer to manifest, and many veterans might delay seeking treatment. We are putting it on them to self-diagnose and report within that 5-year span. We should not hold mental health disorders to the same timeline as a broken leg. The Veterans Mental Health Accessibility Act would ensure that no veteran would be denied mental health treatment no matter when combat-related mental health disorders first appear. I believe we owe a great debt to those warfighters who serve our country through military service, including those who stood ready at a moment's notice to fight for our freedom. Mr. Speaker, as long as I am a Member of Congress, I will be working to increase knowledge on this subject, to correct the shortcomings of the VA system, and to ensure that the men and women of our Armed Forces who bravely serve this country receive all the benefits to which they are entitled.

Mr. CARTWRIGHT

Mr. CARTWRIGHT. This is not something that is denied. Judges have discretion.

Mr. CARTWRIGHT. I am afraid I am not following the gentleman from Virginia.

Mr. CARTWRIGHT. Mr. Speaker, I thank the gentleman for yielding. The answer is that, every time somebody with damages proves his or her case in front of a jury, the jury has the discretion to award whatever they think is proper damages. For example, if they accept some of the damages and reject other parts of the damages, they don't award the full amount, and that is the kind of discretion a Federal judge should retain.

Mr. CARTWRIGHT. Will the gentleman yield?

Mr. CARTWRIGHT. Mr. Speaker, I will say, with due deference to respected colleagues from Virginia and Texas, this is a misguided piece of legislation. I speak as not only a Member of this House, but also as somebody who has practiced civil litigation for the last 25 years. I have represented companies, consumers, defendants, and plaintiffs in all sorts of civil litigation; and I have done this before and after the 1993 changes that led to the current rule 11. Where I come out on it is that this really is an attack on the Federal judiciary. Yes, they have discretion on whether to decide whether there has been a rule 11 violation of in initio, but this is something that encourages rule 11 motion litigation. It encourages rule 11 motion practice, and that is why the Federal judges oppose it. The Judicial Conference surveyed the Federal judges of this Nation, and fully 87 percent of United States district judges prefer the current version of rule 11. After all, it already allows monetary sanctions for silly lawsuits. I think something of a false picture was presented a little bit earlier, the implication that Federal judges don't have the power to impose monetary sanctions. Court costs and legal fees of the so-called victims of frivolous lawsuits, that is in the current practice of rule 11. They can do that now. If a Federal judge decides that he or she thinks that a lawsuit has been frivolous and dismissed, on that basis, they can fully award all defense costs and defense fees. As a result, this is completely unnecessary and superfluous legislation. It offends the Federal judiciary. After all, we are talking about limiting the discretion of Federal judges. Federal judges are folks that are appointed. We work very, very hard here on Capitol Hill in making sure that we appoint only the Federal judges who will exercise good discretion, Federal judges that are completely vetted, who are interviewed, who go through hearing after hearing and are very carefully selected here by the United States Congress. To say that we cannot and we should not repose full discretion in our Federal judges is what is being said here, and I think it is a misguided attempt to take away the discretion of our Federal judges. Not only that, it leads to unnecessary litigation. Everybody in court who ever won a motion or threw out a case thinks that the opposition's position was frivolous. When you say rule 11 sanctions are mandatory, it creates this compulsion to follow up a motion victory with a rule 11 motion: Not only did I win the case, but I want you to pay my attorney's fees and costs. When you make it a mandatory sanction like this, you create this compulsion to file rule 11 motions, and I don't say that out of theory, Mr. Speaker. The truth is that we did have, in that 10-year period, 7,000 rule 11 motions. This is the type of a rule that we lived under for 10 years that this legislation would go back to that spawned all this extraneous litigation. You say: Your position was frivolous, so I am filing a rule 11 motion. Guess what--rule 11 motions themselves are subject to rule 11 so that they could be frivolous so that the receiving end says: Well, your rule 11 motion was frivolous, so I am filing my own rule 11 motion against you. That is something that happened. In fact, a United States district judge from the Eastern District of Pennsylvania, Robert S. Gawthrop, in the suburban Philadelphia area, he termed that ``zombie litigation.'' That is something that gets spawned by this type of litigation. We don't need zombie litigation in this country.

Mr. CARTWRIGHT. I yield to the gentleman from Virginia.

Mr. CARTWRIGHT. Mr. Speaker, the bottom line is that this is misguided legislation. More ominously, it disproportionately hurts the people filing claims--civil rights claims, consumer rights claims--and it has a chilling effect on legal innovation. It was legal innovation on the part of Thurgood Marshall to come up with Brown v. Board of Education. Who are we to chill that kind of legal innovation in this Chamber? For those reasons, I oppose this legislation.

Mr. CARTWRIGHT

Mr. CARTWRIGHT. Mr. Chairman, I rise to oppose H.R. 1994, which seeks to transform 300,000 VA personnel to what we call at-will employees, capable of being fired based on anything, including their beliefs and not their merit necessarily. It effectively destroys the civil service as it is and as we know it at the VA. Now, some jaded colleagues of mine would look at this bill and say it is just a clever attempt to drive a wedge between our Nation's veterans--all of whom we ardently support on both sides of the aisle-- between those veterans and the civil servants who serve them at the VA and the unions that represent them. This bill strips due process rights away from every nonmanagement VA employee, including over 100,000 veterans. That is the key, is that there are 100,000 veterans themselves affected by this bill; and they will lose rights as a result if this bill passes. Now, H.R. 1994 will have a chilling effect on those willing to speak out, and that has been addressed amply heretofore, but I am here to say it goes beyond whistleblowers. Whistleblowers in this country have a lot of protections. This goes beyond whistleblowers because, remember, a lot of the bad actors at the VA that have led to the Phoenix situation and the others that we have seen are management people. Think of it. If we take away the due process rights of employees, not only who would serve as whistleblowers to blow the whistle on bad management conduct, but we take away their rights to due process before they lose their jobs; what we are doing to them is that we are perpetuating this culture of tacit compliance with bad actor managers at VA. For example, if an employee simply doesn't want to go along with an improper and an unethical practice that a manager is asking him or her to do, that employee right now can say: No, I am not going to do it. If we pass this bill and they refuse to do it, they can be fired for not doing it. This is not the way to serve our Nation's veterans.