Tuesday, March 6, 2012. Chaos and violence continue, the US Congress
learns more about how the VA asks for X and then spends X-plus without any
Congressional authorization, Iraq's LGBT community is again being stalked by
death squads, and more.
Chair Bill Johnson: The VA clearly indicates in a letter from
Secretary Gould on November 24,2010 that they automatically go to the two-step
acquisition process which by definition precludes evaluation of existing lease
space as an option of lease spaces for all leases greater than 20,000 feet.
Does VA presume that this authorizes them to bypass the requirements of federal
acquistion regulations in 38 US Section 8104B.
Robert Neary: No, sir, we do not presume that we've got authority
to violate title 38 or the federal acquisition regulations.
This afternoon the US House Veterans Subcommittee on Oversight and
Investigations held a hearing. Bill Johnson is the Subcommittee Chair, Joe
Donnelly is the Ranking Member. Robert Neary is the Acting Executive Director
of the Office of Constructin & Facilities Management at the Department of
Veterans Affairs and he was joined by the Dept's George Szwarcman (Director of
Real Property Services) and Brandi Fate (Director of Capital Asset Management
and Support). Robert Neary began his opening remarks before the Subcommittee
with what he termed an "update" but what are more popularly known as a
"correction."
Robert Neary: In response to a series of questions from the
Subcommittee in December 2011, VA provided an incorrect appraisal for the
targeted relocated Savannah Outpatient Clinic site. Instead of referencing a
46,85 acre site, VA inadvertently referenced a 16.85 acre location. The
appraiser failed to identify that the deed of sale and the tax records did not
reflect the same information. Since learning of the discrepancy, VA immediately
requested a revised appraisal and provided an update to the Subcommittee on
March 2, 2012, acknoledging the error. VA is contracting for another certified
appraiser to review the initial appraisal, and provide a determination regarding
fair market value of VA's preferred site as of Spring, 2010. Finally, VA is
also obtaining a new appraisal that reflects the current land value of the
site. VA will review all the appraisal reports concerning the targeted parcel
in Savannah in order to determine what appropriate corrective action may be
warranted. I want to emphasize that VA only uses appraisers who maintain
appropriate licensure and accreditation, in addition to adherence to the Uniform
Appraisal Standards for Federal Land Acquisitions, which is standard operating
procedure. I would like to apologize to the Committee for the delay in
uncovering the facts and provide assurance that response to future inquiries
will be more thoroughly investigated.
And before you think, 'At least the VA's being upfront . . .,' no, they are
not. They got caught. I'm not referring to Neary himself -- I have no idea who
was responsible. But Ranking Member Joe Donnelly explained what was going
on:
The VA sought Congressional authorization for the Savannah, Georgia
clinic expansion in its FY 2009 budget submission. This authority, for a clinic
with 38,900 net usable square feet at a cost of $3.2 million, was provided in
October 2008. Sometime after this authorization, the VA epxanded the project by
over 45% and is now seeking to lease a clinic with a maximum net usable square
footage of 55,193. The VA has not notified Congress or sought additional
authorization for this expanison. In addition, although this project was
authorized in 2008, construction is just now going forward.
Okay, let's review that. In 2008, the VA had a plan to expand the Savannah
clinic and presented it to Congress while Congress was working on the 2009
budget. Congress examined the proposal and signed off on it with funding of
$3.2 million. Four years later, construction is only now beginning.
Construction was supposed to have already been completed and the expanded
facility up and running no later than June of last year. In addition, what VA
presented and Congress approved was not good enough for someone(s) who took it
upon themselves to expand the plan by nearly 50% ("over 45%"). Why would you do
that? Why would you turn in plans for an expansion, get approval and then
double what you had planned?
Because you know Congress will foot the bill. The costs will fall under
"cost overruns" and Congress isn't going to default on payment to various
contractors and subcontractors overseeing the work and construction workers
doing the building. (Nor am I suggesting that Congress should. The fault is
not on the building end, the fault's with VA management and supervision.) Most
likely, Mr./Ms. X knew that the Savannah project was going to be a big one. They
presented Congress with plans for only half the work needed knowing that once
the project was started, it would be cost overruns and Congress wouldn't pull
the plug. What they did wasn't 'creative.' What they did was most likely
fraud.
And if that term ("fraud") seems too strong or if someone wants to argue
it's an accident. It happens too often to be an accident.
Ranking Member Joe Donnelly: The clinic in Savannah is not the only project
which the VA has expanded after seeking authorization. Projects in Atlanta,
Georgia; Eugene, Oregon; Fayetteville, North Carolina; Grand Rapids, Michigan;
Green Bay, Wisconsin and Greenville, North Carolina are all slated to be
substantially larger than authorized by Congress.
Sequestration is very likely this year -- meaning the 2013 Fiscal Year
budget will face automatic cuts. The country has a huge deficit which is
supposedly this huge concern. So why is VA being allowed -- and it's not just
VA -- to get away with cost overruns?
Congress needs to have an automatic policy regarding cost overruns. Again,
I don't subscribe to denying payment to the various contractors and construction
workers. But I do think if you have a cost overrun, you need to be
responsible. And by "responsible," I mean out of job. You're supposed to have
planned this. They can make an exception for inflation. They can even allow a
15% overrun not resulting in termination. But when you're project has increased
over 45% by what Congress approved, you need to be out of a job.
That's because you're either too incompentent to oversee a project in the
first place or you're not providing the oversight needed. Either way, the
taxpayer can't afford you and your mistakes.
There need to be clear consequences here. We are willing (wrongly, I
believe) to automatically sentence someone to prison under "three strikes and
you're out" laws. But we have no law requiring that those who waste --
intentionally or due to incompetence -- taxpayer monies aren't immediately
fired? It's past time for departments to start being held accountable. And
it's very clear that VA and others will not hold themselves accountable so
Congress needs to start providing some input.
It is not fair that everyone else from a shoplifter to, yes, even a member
of Congress faces some form of accountability (Congressional members can be
kicked out in any election if enough voters don't feel they're doing their jobs)
but those responsible for cost overruns are never disciplined, never lose a job,
never lose a night's sleep.
Again, you may think, 'Well it was just a mistake . . .' No, it wasn't.
Back to Subcommittee Chair Johnson.
Subcommitee Chair Bill Johnson: Why did the three annual lease
status reports reported to Congress since 2009 continue to repeat the original
authorization amounts when the VA clearly knew their efforts were not consistent
with the Congressional limits.
Robert Neary: Sir, I-I -- I think our current process for the past
several years has been to notify the Congress -- to notify the Committees on
Veterans Affairs when we, uh, are planning to enter into a lease that exceeds
the, uh, uh, what was authorized by greater than 10%. And our practice is to do
that after we have received market-based pricing based on our procurement. Now,
in this case, significant time has passed since the original authorization.
Uh. But-but that's the reason that we have not, uh, notified the Committee.
We're waiting for the, uh, price proposals to receive, uh, through
competition.
Subcommittee Chair Bill Johnson: Okay, I'd like to point out that
the Green Bay clinic is a similar scenario the FY '09 budget authority request
was for 70,600 square feet, two-million-eight-thousand annual rent and
$3,883,000 initial payment. Total budget authorized over 20 years was 44 --
I'm sorry, 44,043,000. As recently as the 2012 submission to Congress, the VA
has indicated in the lease status report that Green Bay lease was not changed
from FY '09 authorization request, however, SFOVA-101-09-RP-0200, issued
6-24-2009 was for 161,525 square feet -- 228% higher than authorized. And news
reports indicate that the Green Bay lease has now been awarded.
Repeating, for the 2009 budget, they claimed they were requesting for
70,600 square feet. They knew at least by June of 2009 that they were actually
going to be dealing with 161,525 feet. They didn't notify Congress, they stayed
silent for years. This was fraud. When you present that you need X but you
actually need greater than that amount and you know that once the project's
started, it will be very hard for Congress to pull the plug, then you're
engaging in fraud.
You're presenting false numbers -- fraudulent numbers -- to Congress
because they will get approved while the whole time you're intending to spend
much more. You're defrauding the taxpayer.
Chair Bill Johnson: Uhm, let me ask you another question. Has the
VA already paid approximately 100,000 or so for a purchase option on the land in
Savannah.
Robert Neary: That's correct, Mr. Chairmn.
Chair Bill Johnson: Under what authority does VA purchase an
option to buy real property?
Robert Neary: I'd like to ask Mr. Szwarcman to answer
that.
George Szwarcman: . . . [Microphone not on] Oh, thank you, Mr.
Chairman.
Robert Neary: Okay, it's on.
George Szwarcman: Okay. Uhm . . . [Clears throat] VA -- According
to a decision, or an opinion by the Office of General Counsel, VA does, uh, have
authority to purchase options to purchase real property. Uh, the only
distinction I would make in this case is that VA is purchasing an option for --
an assignable option -- or I should say -- yeah -- purchases an option to buy
that property which will be assigned to the eventual developer. So it is never
really the intent of VA to acquire a piece of property such as in Savannah for
VA to own.
Chair Bill Johnson: Uhm, you know, I think the operative word here
is to purchase an option. The red book makes it clear that agencies need a
specific statutory authority to purchase an option. This is a separate
authority than the authority to buy real property outright. I can refer you to
that -- to the red book. A quick search of VA's authorities do not provide an
authority for their action. So I'm a little bit lost with that. There's a
difference between purchasing an option and purchasing property outright. Has
the VA obligated itself to purchase the land?
Robert Neary: Uh, no, sir, we've not.
Chair Bill Johnson: And if the land is not purchased, will VA get
any of that money back?
Robert Neary: No, sir.
Chair Bill Johnson: So that's taxpayer dollars down the
drain.
Robert Neary: If a decision were made not to acquire that site,
then the money would be lost, yes.
There is so much more from that hearing I would like to cover but there's a
big story out of Iraq that will be ignored by many -- if 2009 was any indication
-- and we don't ignore it here so we need to move over to Iraq now.
The International Gay and Lesbian Human Rights Commission has today
received reports from Iraq of a wave of targeted killings of individuals who are
perceived to be gay or lesbian. According to Iraqi human rights activists, in
early February 2012, an unidentified group posted death threats against "the
adulterous individuals" in the predominantly Shiite neighborhoods of Baghdad and
Basra. The threats gave the individuals, whose names and ages were listed, four
days to stop their behavior or else face the wrath of God, and were to be
carried out by the Mujahedin. According to sources inside Iraq, as the result of
this new surge of anti-gay violence close to 40 people have been kidnapped,
brutally tortured and murdered. The Iraqi authorities have neither responded to
this targeted violence nor have they publicly denounced it. It is widely
believed that these atrocities are being committed by a group of the Shiite
militia.
All US aid to Iraq should immediately stop. For those who are not aware,
this wave of attacks is only the latest wave. The White House should have
addressed it earlier. They didn't. And now the same problem all over again.
April 13, 2009, Amnesty International issued the following:
Amnesty International has written to Iraqi Prime Minister Nuri
al-Maliki expressing grave concern about a reported spate of killing of young
men solely because of their sexual orientation and calling for urgent and
concerted action by the government to bring those responsible to justice and to
afford effective protection to the gay community in Iraq.
Over the last few weeks at least 25 boys and men are reported to
have been killed in Baghdad because theyw ere, or were pereceived to be, gay.
The killings are said to have been carried out by armed Shi'a militamen as well
as by members of the tribes and families of the victims. Certain religious
leaders, especially in al-Sadr City neighbourhood, are also reported in recent
weeks to have urged their followers to take action to eradicate homosexuality in
Iraqi society, in terms which appear effectively to constitute at least an
implicit, if not explicit, incitement to violence against members of the gay
community. Three corpses of gay men are reported to have been found in al-Sadr
City on 2 and 3 April 2009; two of the bodies are said to have had pieces of
paper bearing the word "pervert" attached to them, suggetsting that the victims
had been murdered on account of their sexual identitiy.
In the letter sent to the Prime Minister Amnesty International
expressed concern at the government's failure to publicly condemn the killings
and ensure that they are promptly and effective investigated, and that the
perpetrators are brought to justice. The letter also drew attention to reported
statements by one senior police officer that appear to condone or even encourage
the targeting of members of the gay community in Baghdad, in gross breach of the
law and international human rights standards.
Amnesty International reminded the Iraqi government that it is a
fundamental principle of international human rights law, including international
treaties that have been ratified by and are binding on Iraq, that "All human
beings are equal in dignity and rights" and are entitled to all rights and
freedom set forth in the Universal Declaration of Human Rights, without
distinction of any kind, such as on grounds of race, sex, religion, political,
or other status, including sexual orientation and gender identity. The
organization called on Prime Minister al-Maliki [to] take immediate and concrete
steps to address this sitatuion, including to publicly condemn, unreservedly and
in the strongest terms, all attacks on members of the gay community or others on
account of their sexual, gender, ethnic or other identity, and to commit to
ensuring that those responsible for such abuses are identified and brought to
justice. Further, police officers or other officials who encourage, condone or
acquiesce in such attacks must also be held to account and either prosecuted or
disciplined and removed from office.
This morning AFP
is reported that signs are going up around the Sadr City
neighborhood of Baghdad threatening to kill a list of people alleged to be gay.
The posters are put out by the Brigades of the Righteous and AFP translates the
posters as stating, "We will punish you, perverts" and "We will get you,
puppies" has been scrawled on some posters -- "puppies" being slang for gay
males in Iraq. The Australian carries the AFP report here. Liz Sly and Caesar Ahmed (LAT's
Babylon & Beyond) report the message on the
posters included, "If you don't cease your perverted acts, you will get your
fair punishment." The reporters also noted that a Sadr City resident saw a
poster with approximately 15 names (of people who would be killed) written on
it. These posters are going up around Sadr City. Where is the United Nations
condemnation? Where is the White House, where is the US State Dept? Chris Johnson (Washington Blade)
notes the only member of the US Congress to condemn the
targeting of Iraq's LGBT community, US House Rep Jared
Polis and reports:
["] Noel Clay, a State
Department spokesperson, said U.S. officials "condemn the persecution of LGBTs
in Iraq," but he couldn't confirm whether the violence they're facing in Iraq is
because of their sexual orientation.
Clay noted that while homosexuality is against the law
in Iraq, the death penalty is not the punishment for homosexual acts.
["]
And yet at the start of this month the State Dept's Iraqi Desk
John Fleming was telling Kilian Melloy
(The Edge) that, "Homosexuality not a crime in
Iraq." He was also stating that same-sex relations were of no conern to Iraqis
("immaterial"). That is laughable. Noel Clay has stated that same-sex
relations have been criminalized in Iraq so unless or until the State Dept
issues a public clarification, we will operate under the belief that Clay is
correct. Attempts by the press to figure this out has been
stonewalled.
Barack Obama never called it out. Not once. In the 80s, Ronald Reagan was
US President. The AIDS crisis emerged. When Reagan died in 2004, his
non-response to the AIDS crisis was noted. From Allen White's " Reagan's AIDS Legacy: Silence equals death"
( San Francisco Chronicle):
As America remembers the life of Ronald Reagan, it must never
forget his shameful abdication of leadership in the fight against AIDS. History
may ultimately judge his presidency by the thousands who have and will die of
AIDS.
Following discovery of the first cases in 1981, it soon became
clear a national health crisis was developing. But President Reagan's response
was "halting and ineffective," according to his biographer Lou Cannon. Those
infected initially with this mysterious disease -- all gay men -- found
themselves targeted with an unprecedented level of mean-spirited hostility.
A significant source of Reagan's support came from the newly
identified religious right and the Moral Majority, a political-action group
founded by the Rev. Jerry Falwell. AIDS became the tool, and gay men the target,
for the politics of fear, hate and discrimination. Falwell said "AIDS is the
wrath of God upon homosexuals." Reagan's communications director Pat Buchanan
argued that AIDS is "nature's revenge on gay men."
With each passing month, death and suffering increased at a
frightening rate. Scientists, researchers and health care professionals at every
level expressed the need for funding. The response of the Reagan administration
was indifference.
Even during the non-stop death pageantry, the glorification and the
worship, there was still time for a small bit of reality. Barack Obama better
be thinking about his legacy. His silence as Iraq's LGBT community (as well as
people merely thought to be LGBT) is targeted and killed is appalling. There's
no excuse for it. And history will not provide one. History's provided none
for Ronald Reagan -- Barack's hero, remember?
Today the Government of Iraq represents a fully sovereign and
democratic country. As such, it must protect all of its citizens including
lesbian, gay, bisexual and transgender people from hate-filled violence and
death at the hands of armed militias. Vigilantes who perpetuate the targeted
killing of those perceived to be gay or lesbian must not be tolerated in a new
Iraq. We have seen these atrocities before. In 2009 vigilantes murdered hundreds
of Iraqi individuals for their perceived sexual orientation. There are no
excuses for such heinous human rights violations. We demand that the Iraqi
Government put a stop to the wanton persecution and killing of gay people, and
that the perpetrators punished.
I had a confirmed report in October 2011 from a gay young man who
lives in Baghdad, his name is Haider, that al-Mehdi militia are threatening that
they are coming back and they will kill gays. For some reason some of the
militia men knew about him being gay because he was told they came looking for
him, so he fled his home and was hiding. Last I heard from him was in late
November but don't know what happened to him. Many men get kidnanpped and go
missing all the time. He also reported that this has been happening to many of
his friends.
For those who missed the 2009 wave of attacks (not the first and not the
last), the only non-LGBT program on Pacifica Radio to cover the attacks was Lila
Garrets' Connect the Dots on KPFK. LA City
Council member Bill Rosendahl raised the issue on her show June 1, 2009 (see that day's snapshot for the exchange -- you
can contact KPFK about ordering a copy of the show; however, there is no free
archive of that broadcast available any longer). In terms of big media, the
leader was the Denver Post. The New York Times, despite having people over
there to report on Iraq, had no real interest in the story an only filed one
story after other outlets were reporting on it. Their lack of interest was not
unlike the lack of interest they showed in the 80s when the AIDS crisis
emerged. By their patterns of silence, they do reveal themselves.
If you've forgotten or weren't around during the 2009 coverage, from the
June 1, 2009 snapshot, we'll note some resources from this site and the media
coverage of the targeting:
This year, the targeting's been noted here first in more on the
issue, you can see this snapshot,
this entry and the
roundtable Friday night ["Roundtable on Iraq,"
"Roundtabling Iraq,"
"the roundtable,"
"Iraq," "Iraq in the Kitchen,"
"Roundtable on Iraq,"
"Talking Iraq,"
"Iraq," "Talking Iraq roundtable"
and "Iraq roundtable"] That's
going back to the start of April and it is not true that the MSM has ignored
it. They could do a lot more but they have covered it and where there has been
no amplification is in Panhandle Media which
appears to feel it's a 'niche' story to be left to the LGBT media. In April,
Wisam Mohammed and Khalid al-Ansary
(Reuters) and Mohammed Tawfeeq (CNN), the
Dallas Morning News,
UPI and
AFP reported on
it. Michael Riley (Denver Post)
covered the story and covered US House Rep Jared Polis'
work on the issue (which included visiting Iraq), PDF format warning,
click here for his letter to Patricia A.
Butenis. Polis is quoted at his website
stating, "The United States should not tolerate human
rights violations of nay kind, especially by a government that Americans spend
billions of taxpayer dollars each year supporting. Hopefully my trip and
letters to US and Iraqi officials will help bring international attention and
investigation to this terrible situation and bring an end to any such
offenses." For the New York Times, Timothy Williams and Tareq Maher's
"Iraq's Newly Open Gays
Face Scorn and Murder" covered the topic. BBC News
offered "Fears over Iraq gay killing
spate." The Denver Post offered an editorial
entitled "Killing of gay Iraqis shouldn't be ignored:
We applaud Rep. Jared Polis for his efforts last week to shine the spotlight on
the killings of homosexuals in Iraq," Nigel Morris offered
"Iraqi leaders attacked over spate of
homophobic murders" (Independent of London), the Telegraph of London covers the issue
here. Neal Broverman (The
Advocate), Jessica Green (UK's Pink News), and
Doug Ireland covered
it (here's one report by Ireland at
GayCityNews -- he's filed more than one report),
AFP reported on
it again when signs went up throughout Sadr City with statements such as "We
will punish you, perverts" and "We will get you, puppies" (puppies is slang for
gay men in Iraq) and Liz Sly (Los Angeles Times)
reported on that as well. Chris Johnson offered
"Polis seeks to aid Iraqis: Says gays 'fear
for their life and limb' after fact-finding trip to
Baghdad" (Washington
Blade), Killian Melloy (The Edge
-- this is the April 2nd story that contains the State Dept stating it's not
happening -- the denial) and [PDF formart warning] the April 15th "Iraq Status Report" by the US State
Dept notes the killings. Amnesty International weighed
in as did the International Gay and lesiban Human Rights
Campaign. Jim Muir (BBC News -- text and video)
reported on the targeting and the attacks. UK Gay News covered it, last week ABC
News offered Mazin Faiq's "Tortured and Killed in Iraq for Being
Gay" Chicago Pride
and UPI covered the
latest deaths last week. And AFP and
Jessica Green (UK's Pink
News) covered the public statement from Moqtada
al-Sadr about how they needed to be "eradicated" for "depravity" and he thinks
they can be 'taught' not to be gay.
And if you're wondering about the administration's response? Barack never
called it out. Secretary of State Hillary Clinton raised the issue and was the
highest ranking official to do so publicly. While this was taking place, the
State Dept spokesperson never felt the need to note it at the start of a
briefing or to express sorrow or regret for the deaths -- maybe if they'd been
known as Shi'ite LGBTs, the State Dept would have given a damn? And in all the
press briefings, only once in 2009 was the State Dept ever asked about the issue
in a press briefing. And that question? It came from the BBC. Of all the
reporters in the room, day after day, killing time and telling really sad jokes,
only the BBC ever felt the need to raise the issue of the killing of Iraqi
LGBTs. Only the BBC.
News of the latest atrocities comes
on the eve of a United Nations panel on queer
rights to be held in Geneva, Switzerland, on March 7,
marking the first time the UN's Human Rights Council focuses on sexual
orientation and gender identity.
The panel is also taking place in the
midst of opposition by 56 Islamic states in the Organisation of Islamic
Cooperation (OIC), which refuse to acknowledge gay rights as human
rights.
This isn't a minor issue. This is a major issue and we're not going to
ignore it. Giving the issue and news the due it requires means we don't have
time for Tareq al-Hashemi and we don't have time for ExxonMobil and many other
things -- including Lynne Stewart. We'll pick those up tomorrow. But this is a
serious issue and too many walked away and remained silent on this in 2009.
There's no excuse for it to have ever happened, there is no excuse for alleged
friend of the LGBT community, 'fiercest advocate for gay rights' (or whatever
Michelle Obama called him) to have been silent in 2009. He needs to understand
that silence on this in an election year will be unacceptable. The media needs
to understand that their silence is being followed and registered as well.
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