GOP senator looks to force Biden admin to allow VA facility updates stalled by infrastructure law

FIRST ON FOX: Sen. James Risch, R-Idaho, plans to introduce a bill Wednesday that would allow Veterans Affairs facilities to proceed with updates after being stalled by President Biden's frequently touted Bipartisan Infrastructure Law. 

The Waiving Arbitrary and Inconsistent Veteran Home Eligibility and Requirements Act, or WAIVER Act, would require Secretary of Veterans Affairs Denis McDonough to provide waivers for approved VA projects across the country, including three in Idaho.

"America’s veterans have waited far too long for updated facilities in Idaho and around the country. Due to the VA Secretary choosing to selectively apply requirements, veterans will wait longer, and it will cost taxpayers more money for needed facility updates," the senator said in a statement to Fox News Digital. 

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Sen. James Risch plans to introduce a bill that would allow Veterans Affairs facilities to proceed with necessary updates after being stalled by President Biden's Bipartisan Infrastructure Law. (Bill Clark/CQ-Roll Call via Getty Images | Mandel Ngan/AFP via Getty Images)

"The WAIVER Act will push the VA to be consistent with other agencies, advance American manufacturing and production in the best way possible, protect taxpayer dollars, and enable state veterans’ homes to move forward with important, planned projects to help America’s veterans," he continued. 

The projects were halted following the enactment of the Bipartisan Infrastructure Law because they were not in compliance with the Build America Buy America Act (BABAA) included in the measure. 

To address the issue, Risch's bill would require the secretary to waive the act and allow the VA facility updates to proceed and keep their funding. 

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"Congress approved funding for construction and upgrades at VA facilities to better care for the needs of veterans," said Sen. John Boozman, R-Ark., in a statement. 

"It’s important for the VA to follow through with this commitment and continue making improvements to health and housing accommodations in a timely, cost-effective manner so we can fulfill the promises made to those who served in our nation’s uniform. I appreciate the leadership of Senator Risch to create a solution to advance these projects and deliver the services and care veterans earned," he continued. 

Sen. Mike Crapo, R-Idaho, who is Risch's counterpart in the Senate, also expressed support for the legislation: "America’s veterans have given everything to preserve our freedom," he said, warning, "Arbitrary delays to updating the facilities that provide them needed services will only cause more problems."

Sen. Jim Risch (Al Drago-Pool/Getty Images)

The VA and its facilities are specifically hindered by the BABAA portion of the law because of both supply chain issues and ongoing inflation. According to the law, all "iron, steel, manufactured products, and construction materials" must be made in the U.S. 

Due to those stipulations, acquiring materials for the updates could present a much larger cost burden that was not allotted in the initial plans. Risch's office noted that if McDonough fails to waive the law in order to allow the projects to go forward, they will lose the funding set aside for them. 

The U.S. Department of Veterans Affairs building in Washington, D.C. (Alastair Pike/AFP via Getty Images)

Under the BABAA, the VA possesses the ability to grant waivers for various reasons. For reasons of public interest, lack of availability of materials within the U.S. and unreasonable costs of materials within the U.S., McDonough is permitted to grant waivers for projects. 

The secretary issued waivers for projects to continue without being held to the infrastructure law in 2022 and 2023 but hasn't issued any new ones since March. 

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VA Press Secretary Terrence Hayes told Fox News Digital in a statement that the VA cannot comment on pending legislation. However, he said the VA is "fully committed to supporting state Veterans homes that provide aging veterans with care that is tailored to their needs."

He added that the VA's priority is to "work with states to help ensure that all projects are compliant with the Build America, Buy America Act (BABAA) so they can receive VA funding."

Regarding a project stalled in Boise, Idaho, that Hayes used as an example, he said the VA is working directly with the state in order to move the updates forward. He further said that "approximately $77 million may be awarded by VA to help build the home – covering up to 65% of the costs of the project."

Secretary of Veterans Affairs Denis McDonough (Getty Images)

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He added that the VA is still working with Idaho toward the goal of making the project compliant with the infrastructure law, which entailed "sending a team of VA employees to Boise to work with the Idaho team." 

"In the interim, VA continues to support Boise’s current state Veterans home (by providing per diem payments for the care of eligible Veterans, as appropriate), which currently houses the Veterans who would move into the new facility," he said. 

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The White House referred Fox News Digital to the VA when reached for comment Tuesday.

The VA gave no indication of intentions to issue waivers for the pending projects.