[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2072 Received in Senate (RDS)]
113th CONGRESS
2d Session
H. R. 2072
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 10, 2014
Received
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to improve the accountability of
the Secretary of Veterans Affairs to the Inspector General of the
Department of Veterans Affairs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Demanding Accountability for
Veterans Act of 2014''.
SEC. 2. SCORING OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
SEC. 3. ACCOUNTABILITY OF SECRETARY OF VETERANS AFFAIRS TO INSPECTOR
GENERAL OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Chapter 7 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 712. Accountability of Secretary to Inspector General
``(a) List of Managers.--(1) If the Inspector General of the
Department of Veterans Affairs determines that the Secretary has not
appropriately responded with significant progress to a covered report
by the date specified in the action plan of the Secretary developed in
response to such covered report--
``(A) the Inspector General shall notify the Committees on
Veterans' Affairs of the Senate and House of Representatives
and the Secretary of such failure to appropriately respond; and
``(B) not later than 15 days after such notification, the
Secretary shall submit to the Inspector General a list of the
names of each responsible manager and the matter in the action
plan for which the manager is responsible.
``(2) The Inspector General may not make public the names of
responsible managers submitted under paragraph (1)(B).
``(b) Performance of Responsible Managers.--(1) The Secretary
shall--
``(A) promptly notify each responsible manager of a covered
issue by not later than seven days after the date on which the
Secretary submits to the Inspector General the name of the
manager under subsection (a)(1)(B);
``(B) direct such manager to resolve such issue; and
``(C) provide such manager with appropriate counseling and
a mitigation plan with respect to resolving such issue.
``(2) The Secretary shall ensure that any performance review of a
responsible manager includes an evaluation of whether the manager took
appropriate actions during the period covered by the review to respond
to the covered issue for which a request was made under subsection (a).
``(3) The Secretary may not pay to a responsible manager any bonus
or award, including a performance award under section 5384 of title 5
if the covered issue for which a request was made under subsection (a)
is unresolved.
``(c) Role of Inspector General.--Any authority of the Inspector
General provided under this section is in addition to any
responsibility or authority provided to the Inspector General in the
Inspector General Act of 1978 (5 U.S.C. App.).
``(d) Definitions.--In this section:
``(1) The term `covered issue' means, with respect to a
responsible manager, an issue described in a covered report for
which the manager is or was responsible.
``(2) The term `covered report' means a report by the
Inspector General of the Department of Veterans Affairs that
recommends actions to the Secretary of Veterans Affairs (or
other official or employee of the Department) to address an
issue in the Department with respect to public health or
safety.
``(3) The term `responsible manager' means an individual
who--
``(A) is an employee of the Department;
``(B) is or was responsible for an issue included
in a covered report; and
``(C) in being so responsible, is or was employed
in a management position, regardless of whether the
employee is in the competitive civil service, Senior
Executive Service, or other type of civil service.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
711 the following new item:
``712. Accountability of Secretary to Inspector General.''.
SEC. 4. SECRETARY OF VETERANS AFFAIRS CONTRACT AUTHORITY FOR TRANSFER
OF VETERANS NON-DEPARTMENT MEDICAL FOSTER HOMES.
(a) Authority.--Section 1720 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(h)(1) During the three-year period beginning on October 1, 2014,
at the request of a veteran for whom the Secretary is required to
provide nursing home care under section 1710A of this title, the
Secretary may transfer the veteran to a medical foster home that meets
Department standards, at the expense of the United States, pursuant to
a contract or agreement entered into between the Secretary and the
medical foster home for such purpose. A veteran who is transferred to a
medical foster home under this subsection shall agree, as a condition
of such transfer, to accept home health services furnished by the
Secretary under section 1717 of this title.
``(2) For purposes of this subsection, the term `medical foster
home' means a home designed to provide non-institutional, long-term,
supportive care for veterans who are unable to live independently and
prefer a family setting.''.
(b) Effective Date.--Subsection (h) of title 38, United States
Code, as added by subsection (a), shall take effect on October 1, 2014.
SEC. 5. CONDITIONS ON THE AWARD OF PER DIEM PAYMENTS BY THE SECRETARY
OF VETERANS AFFAIRS FOR THE PROVISION OF HOUSING OR
SERVICES TO HOMELESS VETERANS.
(a) Condition.--
(1) In general.--Paragraph (1) of section 2012(c) of title
38, United States Code, is amended to read as follows:
``(1) Except as provided in paragraph (2), a per diem payment may
not be provided under this section to a grant recipient or eligible
entity unless the entity submits to the Secretary an annual
certification, approved or verified by the authority having
jurisdiction or a qualified third party, as determined by the
Secretary, that the facility where the entity provides housing or
services for homeless veterans using grant funds is in compliance with
codes relevant to the operations and level of care provided, including
applicable provisions of the most recently published version of the
Life Safety Code or International Building Code and International Fire
Code (or such versions of such codes that have been adopted as State or
local codes by the jurisdiction in which the facility is located),
licensing requirements, fire and safety requirements, and any other
requirements in the jurisdiction in which the facility is located
regarding the condition of the facility and the operation of the entity
providing such supportive housing or services. For purposes of this
paragraph, if a facility where a grant recipient or eligible entity
provides housing or services for homeless veterans using grant funds is
located in a jurisdiction without relevant code requirements, the
Secretary shall determine code and inspection requirements to be
applied to the facility.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to an application for a per diem
payment under section 2012 of title 38, United States Code,
submitted on or after the date of the enactment of this Act.
(b) Annual Report.--Section 2065(b) of title 38, United States
Code, is amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following new
paragraph (6):
``(6) The Secretary's evaluation of the safety and
accessibility of facilities used to provide programs
established by grant recipients or eligible entities under
sections 2011 and 2012 of this title, including the number of
such grant recipients or eligible entities who have submitted a
certification under section 2012(c)(1).''.
(c) Treatment of Current Recipients.--In the case of the recipient
of a per diem payment under section 2012 of title 38, United States
Code, that receives such a payment during the year in which this Act is
enacted, the Secretary of Veterans Affairs shall require the recipient
to submit the certification required under section 2012(c)(1) of such
title, as amended by subsection (a)(1), by not later than two years
after the date of the enactment of this Act. If the recipient fails to
submit such certification by such date, the Secretary may not make any
additional per diem payments to the recipient under such section 2012
until the recipient submits such certification.
SEC. 6. EXTENSION OF LOAN GUARANTY FEE FOR CERTAIN SUBSEQUENT LOANS.
(a) Extension.--Section 3729(b)(2) of title 38, United States Code,
is amended--
(1) in subparagraph (A)--
(A) in clause (iii), by striking ``October 1,
2017'' and inserting ``October 1, 2018''; and
(B) in clause (iv), by striking ``October 1, 2017''
and inserting ``October 1, 2018'';
(2) in subparagraph (C)--
(A) in clause (i), by striking ``October 1, 2017''
and inserting ``October 1, 2018''; and
(B) in clause (ii), by striking ``October 1, 2017''
and inserting ``October 1, 2018''; and
(3) in subparagraph (D)--
(A) in clause (i), by striking ``October 1, 2017''
and inserting ``October 1, 2018''; and
(B) in clause (ii), by striking ``October 1, 2017''
and inserting ``October 1, 2018''.
SEC. 7. EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO
OBTAIN CERTAIN INFORMATION FROM THE SECRETARY OF THE
TREASURY OR THE COMMISSIONER OF SOCIAL SECURITY.
Section 5317 of title 38, United States Code, is amended by
striking ``September 30, 2016'' and inserting ``May 31, 2017''.
Passed the House of Representatives June 9, 2014.
Attest:
KAREN L. HAAS,
Clerk.