Mark Takano

Mr. TAKANO

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

Mr. TAKANO. Mr. Chair, I rise in support of my amendment, which would ensure that any VA employee whose performance or misconduct threatens public health or safety, including the health and safety of veterans, be immediately suspended without pay. Specifically, it replaces section 3 of H.R. 5620 with a new provision allowing the Secretary to take lawful and abrupt action in extreme cases in which immediate action is warranted. My amendment would also give the Secretary the authority to remove a suspended employee, after a thorough investigation and review, if the Secretary determines removal is in the interest of public health and safety. Both parties share the desire to protect veterans from mistreatment or harm, especially when they are seeking medical care at a VA hospital, but the current language in this bill will not accomplish that goal. The process for removing dangerous employees in H.R. 5620 is unconstitutional, and any action it authorized against underperforming VA employees would not hold up in court. Instead of achieving the majority's stated outcome of removing VA employees whose misconduct harms veterans, this bill would produce expensive legal costs, and it would fail to hold bad employees accountable. My amendment is specifically designed to make sure the Secretary has the authority to immediately suspend any VA employee whose behavior threatens the health and safety of veterans and that the suspended employee receives no pay while the investigation is carried out. I urge my colleagues to support the amendment. Mr. Chair, I reserve the balance of my time.

Mr. TAKANO. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, for all of the foregoing arguments that were made today, I urge all of my colleagues to vote ``no'' on H.R. 5620. I yield back the balance of my time.

Mr. TAKANO. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I wish to comment on the assertion that it is the Attorney General's and the President's responsibility to enforce the law, as it does say that and as it is reflected in the Constitution. However, the Attorney General of the United States also has the duty to make sure that the taxpayers' money is well used. I often hear on the other side of the aisle a concern about unnecessary litigation or litigation that goes beyond the bounds of what is reasonable. The Attorney General also has the obligation to take a look at the laws and to examine whether or not they would withstand constitutional muster. The American people do not demand of their Attorney General to litigate laws that are clearly unconstitutional. That would be a waste of money. In the case of an accountability law and an accountability bill that clearly have flawed tools, tools which would be deemed unconstitutional, it would result in the following: it would result in managers taking actions against employees, money being spent on lawyers to dismiss these employees or otherwise discipline them, but employees being able to get their day in court and find that the provisions under which they are being disciplined are unconstitutional being reinstated after a lot of expense. This is precisely why I would like to see this legislation go back to committee and for us to consult attorneys on both sides and not pass laws that are clearly going to not pass constitutional muster. Yes, 81 amendments were filed because there are many problems with this legislation. Only 22 were ruled in order. I think we should go back to the drawing board and take the Senate legislation, which has bipartisan support, as a starting point. As for the whistleblower protections, I have already stated my comments that these whistleblower protections in H.R. 5620 are also flawed. I believe that they would be ruled and deemed unconstitutional and, therefore, are also flawed. Mr. Chairman, passing this legislation does not pass constitutional muster. It won't solve our problem. We need a real fix to improving VA accountability, and H.R. 5620 is not the solution. Mr. Chairman, I reserve the balance of my time.

Mr. TAKANO. Mr. Chairman, I yield myself such time as I may consume. I include in the Record a letter from the Office of Special Counsel to Representative Kirkpatrick praising her for her amendment. I understand the majority also supports the Kirkpatrick amendment, so it is bipartisan support. U.S. Office of Special Counsel, Washington, DC, September 13, 2016. Re Pending Legislation to Protect VA Whistleblowers. Hon. Ann Kirkpatrick, Washington, DC. Dear Representative Kirkpatrick: The Office of Special Counsel (OSC) has received thousands of whistleblower retaliation complaints and disclosures from Department of Veterans Affairs (VA) employees. Based on this experience, we write to express our strong support for your amendment to H.R. 5620, the VA Accountability First and Appeals Modernization Act. Based on our review of the amendment, we believe it will advance the interests of VA whistleblowers. Importantly, the amendment establishes the Office of Accountability and Whistleblower Protection (OAWP). OSC's ongoing work with VA whistleblowers will benefit from having a high- level point of contact with the statutory authority to identify, correct, and prevent threats to patient care and to discipline those responsible for creating them. The establishment of similar offices at other agencies, including the Federal Aviation Administration, has significantly improved the whistleblower experience at those agencies. And OAWP, with a Senate-confirmed leader, will have the authority and a mandate to make a significant difference. For these and other reasons, we believe your amendment will best advance the interests of VA whistleblowers and the Veterans served by the Department. If you are in need of additional information, please contact Adam Miles, Deputy Special Counsel for Policy and Congressional Affairs, at 202- 254-3607. We appreciate the bipartisan support for stronger whistleblower protections for VA employees, as reflected in H.R. 5620, and believe this amendment will greatly enhance this effort. Sincerely, Carolyn N. Lerner.

Mr. TAKANO. Mr. Chairman, I urge my colleagues to support Representative Gallego's amendment. Mr. Chairman, I yield back the balance of my time.

Mr. TAKANO

Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume. I strongly support this legislation, and I urge my colleagues to vote ``yes'' on H.R. 5936, as amended. And I want to express, again, my deep appreciation in working with the majority to get this bill done. It is really important to those of us in southern California, and I cannot overstate how much this means to the veterans community in California. Mr. Speaker, I yield back the balance of my time.

Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume. I rise in support of H.R. 5936. This legislation would provide a model for how VA campuses can provide services to homeless veterans and those at risk of homelessness. It would authorize VA to carry out certain leases on the VA Greater Los Angeles Healthcare System West L.A. Medical Center Campus, and would prohibit VA from entering into any land-sharing agreements unless the agreements provide additional healthcare resources and also benefit veterans and their families in ways other than generating additional revenue. Mr. Speaker, there is a long history here with the West L.A. Campus. Without going into too much detail, this provision would ensure that the VA West L.A. Campus is used for the betterment of veterans, the original intent of the legacy when the land was donated decades ago. It is an important step forward for the veterans community in southern California. I would like to thank the chairman for introducing this bill and Representative Ted Lieu of California for his hard work. Mr. Speaker, I reserve the balance of my time.

Mr. TAKANO

Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of Chairman Miller's bill that would authorize the American Battle Monuments Commission to acquire, operate, and maintain the Lafayette Escadrille Memorial in Marnes-la-Coquette, France. This request was brought to us directly from the American Battle Monuments Commission in order to ensure that this memorial that honors the service and sacrifice of the Lafayette Flying Corps is properly maintained. The Lafayette Flying Corps was a small group of American aviators who volunteered to serve in the Lafayette Escadrille prior to the United States entering World War I. Forty-nine members of the Lafayette Flying Corps lost their lives in the war and are interred in the crypts below the memorial. This incredible group included ``Lucky'' Herschel McKee, who became their youngest ace with 12 kills, and Eugene James Bullard, the first African American military pilot who was subsequently made a knight of the Legion of Honor, France's most coveted award established by Napoleon Bonaparte. This important effort will incur no additional costs as the ABMC has indicated that they can maintain this important memorial within their existing appropriations. I encourage my colleagues to join me in support of passage of this important legislation that honors the services and sacrifice of our men and women that defend our great Nation. Mr. Speaker, I urge my colleagues to support this important legislation, H.R. 5937, as amended. I yield back the balance of my time.

Mr. TAKANO

Mr. TAKANO. Mr. Speaker, I have no further speakers. I urge my colleagues to join me in passing H.R. 3471, as amended. Mr. Speaker, I yield back the balance of my time.

Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today in support of this legislation brought forward by my colleague, Representative Walorski. This bill directs VA to ensure that an eligible disabled veteran who has been provided with an automobile is given the opportunity to make personal selections relating to the automobile. The provider of any adaptive equipment modification services must be certified by a certification organization or the manufacturer of the adaptive equipment. In addition, the provider of the automobile or adaptive equipment or the provider of the modification services must adhere to specific requirements under the Americans with Disabilities Act of 1990 and the National Highway Traffic Safety Administration Federal Motor Vehicle Safety Standards. Mr. Speaker, I think these are important protections for those veterans who need to personalize the vehicles they drive. Mr. Speaker, I urge support for this legislation. I reserve the balance of my time.

Mr. TAKANO

Mr. TAKANO. Mr. Speaker, a leader in the Riverside community, a fitness bug, an award-winning baker, a winner of the Presidential Award of Excellence, a remarkable educator, and a person who died too young just a few weeks ago, in her 40 years in the classroom, Pam Clute inspired thousands of students, many of them young women, to pursue careers in math and science. She founded the ALPHA Center at UC Riverside to get students on track to pursue STEM fields in college. At the same time, Pam organized local partnerships, created a fitness class, and shared her infectious energy with everyone around her. In short, she took every opportunity imaginable to support our community. My thoughts are with her husband, Steve, and the rest of her family. Pam Clute was truly an exemplary woman. She will be missed.

Mr. TAKANO

Mr. TAKANO. Mr. Speaker, if you go to a federally licensed gun dealer to buy a firearm, you must pass a background check. But if you go to a private seller at a gun show or over the Internet, it is completely legal to buy a firearm with no background check to determine if you are fit to own a deadly weapon. In all the discussion we have had on gun violence, I have yet to hear one good reason why this loophole should continue to exist. Mr. Speaker, 92 percent of gun owners and 86 percent of Republican voters support universal background checks. But instead of listening to the American people, my Republican colleagues have left town. They have rushed out of town. They have scrambled out of town. I will say the same thing I told my students when I was a high school teacher: There can be no recess until our work is done. Come back to Washington, and let's pass a universal background check bill.

Mr. TAKANO

Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume. I rise in support of H.R. 5529, the Accessing Higher Education Opportunities Act. I would like to thank the gentleman from Nevada (Mr. Heck) for bringing this bill forward. Mr. Speaker, over the last 20 years, we have seen great growth in the number of Hispanic students attending institutions of higher education, particularly Hispanic-Serving Institutions, or HSIs. In 1990, there were only 135 colleges and universities with a Hispanic population over 25 percent. Today there are more than 400. From 2012 to 2013, nearly 60 percent of Hispanic college students attended an HSI, and these institutions were responsible for graduating 40 percent of all Hispanics in the country. My district is home to two large Hispanic-Serving Institutions: The University of California- Riverside and Riverside City College. Title V of the Higher Education Act supports critical resources for HSIs like these, improving their ability to promote student success. The bill we are considering today, H.R. 5529, allows title V grant funds to be used to expand access to dual or concurrent enrollment programs offered through HSIs. Dual and concurrent enrollment models, programs that allow high school students to take postsecondary level courses for credit, can produce a number of benefits for students, particularly those from low-income backgrounds and first-generation college students. Research shows that these programs increase high school completion, college enrollment, college persistence, and degree attainment. Furthermore, roughly 30 percent of dual and concurrent enrollment programs are career and technical education focused, which offers students the opportunity to earn credit toward a certificate or credential that prepares them for college and career success. Unfortunately, tuition and classroom material costs remain a barrier to enrollment in these successful models for many low-income students. It is my hope that H.R. 5529 will expand access to these programs at Hispanic-Serving Institutions in my district and across the country. I urge my colleagues to support H.R. 5529. Mr. Speaker, I reserve the balance of my time.

Mr. TAKANO. Mr. Speaker, I yield 2 minutes to the gentleman from Virginia (Mr. Scott), who is also the ranking member of the Committee on Education and the Workforce.

Mr. TAKANO. Mr. Speaker, I have no additional speakers, and I yield myself the balance of my time. In closing, I would like to again thank the gentleman from Nevada (Mr. Heck), my friend, for bringing this bill forward. I would like to thank Chairman Kline, Ranking Member Scott, and Mr. Hinojosa, the ranking member of the Subcommittee on Higher Education and Workforce Training, for their work on this bill. I urge all of my colleagues to support H.R. 5529. Mr. Speaker, I yield back the balance of my time.

Mr. TAKANO

Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume. I rise in support of H.R. 5588, the Veterans' Compensation COLA Act of 2016. This bill is our annual veterans cost-of-living adjustment. It would ensure that, beginning on December 1, 2016, our disabled veterans receive the same increases as those receiving Social Security benefits. Specifically, H.R. 5588 directs the Secretary of Veterans Affairs to increase the rates of basic compensation for disabled veterans and the rates of dependency and indemnity compensation, or DIC, to their survivors and dependents. It also increases other benefits, such as clothing allowance and wartime disability, to keep pace with the rising cost of living. This bill sends a strong and important message that we are going to honor our commitment to supporting our veterans. This is the least we can do to repay their service. Mr. Speaker, I reserve the balance of my time.

Mr. TAKANO. Mr. Speaker, I, too, have no additional speakers. I thank the gentleman from Louisiana for his work on this issue. It is a pleasure working with him in committee. I once again ask all of my colleagues to join me in supporting H.R. 5588 and the Veterans' Compensation COLA Act of 2016. Mr. Speaker, I yield back the balance of my time.

Mr. TAKANO

Mr. TAKANO. Mr. Speaker, I ask unanimous consent to bring up H.R. 1217, the bipartisan expanded background checks legislation, to honor the memory of Jerry Nguyen, a victim of gun violence who never received a moment of silence on the House floor.

Mr. TAKANO. Mr. Speaker, I ask unanimous consent to bring up H.R. 1217, the bipartisan expanded background checks legislation, to honor the memory of Anpha Nguyen, a victim of gun violence who never received a moment of silence on the House floor.

Mr. TAKANO

Mr. TAKANO. Mr. Speaker, yesterday, we reflected on how fortunate we are to live in a country that gives each of us a voice in our government. Today, this Congress will, once again, ignore the voices of millions of Americans by refusing to address the epidemic of gun violence in our communities. Yesterday, we honored the courage that millions of Americans have demonstrated throughout our history by standing up in defense of their fellow citizens. But today, this Congress will not muster the courage to hold a vote on two proposals that are supported by roughly 90 percent of this country and that can save American lives. Mr. Speaker, the American people deserve to be heard. They deserve a vote. If the U.S. homeland security community places a person on the FBI terrorist watch list or determines that a person is too dangerous to board an airplane, then surely we can agree that person is too dangerous to buy a firearm. This week, the majority will introduce a bill that pretends to close this gap in our homeland security laws, but, in reality, it would create a system in which it is both legal and likely for suspected terrorists to buy a firearm. The Republican measure takes no fly, no buy and turns it into no fly, no problem. Under their proposal, if a known or suspected terrorist attempts to buy a weapon, they will be denied that ability for a mere 3 days. From the moment they attempt to purchase that firearm, the following things must happen, all within 72 hours, to prevent that purchase: the Attorney General must file a petition in Federal court; the court must schedule a hearing; the suspect must be provided actual notice and the opportunity to appear at that hearing with a lawyer; the court must rule on the petition. And if all those things do not occur in 3 days, the suspect is legally entitled to buy a weapon. Not only does the Republican bill set an impossible timeline, it also requires the Justice Department to meet an extremely high burden of proof. A sale would only be prevented if the court finds probable cause that the suspect has committed or will commit an act of terrorism. The Republican proposal is specifically designed to ensure the Justice Department fails and the suspect is allowed to buy a gun. It is a fig leaf to cover up the Republicans' refusal to take any meaningful action on gun violence. It is no surprise that this bill is supported by the gun lobby. Instead of spending our time on toothless, ineffective proposals, we should vote on the original no fly, no buy bill that will keep guns out of the hands of suspected terrorists. We are also demanding a vote on a bipartisan proposal to require that commercial gun purchases include a background check, background checks for all. I have yet to hear one good explanation on why this should not be the law of the land. If a dangerous person cannot pass a background check at a licensed gun dealer, they should not be able to avoid a background check by going to a gun show or purchasing a firearm over the Internet. In States that have closed loopholes in their background check laws, 48 percent fewer on-duty police officers are shot to death--but my colleagues across the aisle still refuse to hold a vote. Mr. Speaker, 33,000 people were killed by gun violence in America last year. The American people deserve more than moments of silence. They deserve action to keep dangerous weapons out of the hands of dangerous people. They deserve to have their voices heard. They deserve to send their kids to school without fearing an assault-style weapon will be waiting for them. But, at the very least, they deserve to know where each Member of Congress stands. I am asking my Republican colleagues to find the courage to hold a vote on real gun violence prevention legislation that will save American lives.

Mr. TAKANO

Mr. TAKANO. I thank the gentleman from Massachusetts for yielding. Mr. Speaker, the American people may be wondering why my colleagues and I are focusing on gun violence today and not on this financial services appropriations bill which, I should add, is loaded with poison pill riders. The reason is simple. We refuse to continue treating gun violence as business as usual in America. Forty-nine were killed in Orlando. We took a moment of silence, then it was business as usual. Fourteen were killed in San Bernardino. We took a moment of silence, then it was business as usual. Nine were killed in Roseburg. We took a moment of silence, then it was business as usual. Nine more were killed in Charleston. We took a moment of silence, then it was business as usual. Thirty-three thousand were killed by gun violence last year. We took a moment of silence, then it was business as usual. I cannot, in good conscience, debate a rule on an appropriations bill when so many of our communities continue to suffer from gun violence every day. I hear my Republican colleagues say this is our democracy at work, but a Congress that rejects two gun violence prevention bills that are supported by 90 percent of Americans is not democracy at work. I hear my Republican colleagues say we don't have the votes. Then prove it. Bring these bills to the floor. I am betting they pass. Every day that goes by, these firearms become more powerful and our failure to act becomes more reckless. I implore my Republican friends to disobey the gun lobby, hold a vote, and let's pass legislation that will save American lives.

Mr. TAKANO

Mr. TAKANO. Mr. Speaker, over and over again my colleagues have pleaded with the majority to give us a vote on legislation that will protect Americans from gun violence. Those pleas and the pleas of millions of Americans continue to be ignored. So instead of my words, I am going to read the words of Tina Meins, whose father, Damian, was killed in San Bernardino last year: ``There is room in this national debate for reason, for compromise and for compassion,'' she wrote. ``Let us find common ground. Let's not be paralyzed because proposed solutions will not be perfect. If one person can be saved, isn't it worth the effort to fix this? Let's work together, please, for the good of everyone.'' Well, Tina speaks for me, and she speaks for the thousands of families who have lost loved ones to gun violence in America.

Mr. TAKANO

Mr. TAKANO. I thank the ranking member from New Jersey for the time. Mr. Speaker, I rise in strong opposition to H.R. 5525, a bill that undermines the Lifeline program and demonstrates the majority's continued indifference to the struggle of low-income Americans. The Lifeline program helps 9.8 million people across this country access cell phone service which, as we all know, is a necessity for modern everyday life. For decades, helping struggling Americans access basic technology was a bipartisan initiative. It was started under President Reagan, and then expanded under President George W. Bush. I am surprised and disappointed that my Republican colleagues have chosen today to end that tradition of bipartisanship on behalf of struggling families. Let's be clear, a vote for this bill is a vote to take critical devices away from people who need them the most. We are taking service away from older Americans who use it to manage their health care and call their loved ones. We are taking service away from students who use cell data to do their homework. We are taking service away from victims of domestic violence who use it to get help and support. We are taking service away from unemployed workers who use it to find a good-paying job. Most importantly, we are taking devices out of the hands of Americans who use Lifeline to call 911 during an emergency. Why? The majority says it will save consumers money, but the way that the bill is written, it will not save a dime for consumers or American taxpayers. We continue to collect the fees, but we do not provide Lifeline services. This legislation will do one thing and only one thing: Make it harder for low-income Americans to get back on their feet. I strongly urge my colleagues to vote ``no'' on H.R. 5525.

Mr. TAKANO

Mr. TAKANO. I thank the gentlewoman from Nevada for the time. Mr. Speaker, the Inland Empire should have control of its regional airport, and local residents should have access to affordable domestic and international flights. With that in mind, I rise in support of H.R. 4369, which would facilitate the transfer of Ontario International Airport from the City of Los Angeles. While the number of flights offered at Ontario Airport has decreased, the demand for those flights has not. Industry experts estimate that 2 million passengers a year are forced to drive to Los Angeles or other regional airports due to the lack of flights and connections offered at Ontario. The region is losing up to 8,000 jobs and $400 million in yearly business activity. As the Inland Empire continues to grow in population, it needs the Ontario International Airport to be under local control. It is a vital economic resource to our region, with the potential to serve 30 million passengers annually, and it is a conflict of interest for Los Angeles World Airports to control Ontario, a direct competitor. On a personal note, I am ready to give up the long commute from Riverside to LAX. And in that spirit, 3 years ago I wrote a letter to Mayor Garcetti of Los Angeles outlining the need to transfer control of Ontario Airport to our region. I am happy that we are finally moving forward with this legislation to ensure an arrangement that is best for the Inland Empire. I would like to thank my colleagues, Congressman Ken Calvert and Congresswoman Norma Torres, and all the rest of our delegation from the Inland Empire of southern California, for their hard work on this issue. I am proud to be an original cosponsor of this legislation. I also extend my thanks to the gentlewoman from Nevada for her support. I strongly urge a ``yes'' vote on this bill.