[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2072 Reported in House (RH)]

                                                 Union Calendar No. 173
113th CONGRESS
  1st Session
                                H. R. 2072

                          [Report No. 113-245]

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 21, 2013

 Mr. Benishek introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

                            October 16, 2013

Additional sponsors: Mr. Yoho, Mrs. Ellmers, Mr. Jones, Mr. Collins of 
                New York, Ms. Sinema, and Mrs. Walorski

                            October 16, 2013

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 21, 
                                 2013]


_______________________________________________________________________

                                 A BILL


 
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 2013''.

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 
        section 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. LAND CONVEYANCE, DEPARTMENT OF VETERANS AFFAIRS PROPERTY, 
              TUSKEGEE, ALABAMA.

    (a) Findings.--Congress makes the following findings:
            (1) In 1922, Tuskegee University voted to donate three 
        hundred acres of land to the United States to build a veterans' 
        hospital, a portion of which is described in subsection (b).
            (2) The property is administered by the Department of 
        Veterans Affairs and has been used as space for the Tuskegee 
        Veteran's Hospital.
            (3) Tuskegee University (hereinafter referred to as the 
        ``University'') is a State-related land grant institution of 
        higher learning that intends to use the property described in 
        subsection (b) to further the education and general welfare of 
        its students.
            (4) As provided in subsection (b), the conveyance of the 
        property to the University would promote the University's 
        educational mission and related purposes and result in savings 
        to the Federal Government.
    (b) Conveyance Authorized.--The Secretary of Veterans Affairs 
shall, without consideration, convey all right, title, and interest of 
the United States in and to a parcel of real property, including 
improvements thereon, consisting of approximately 64.5 acres located at 
2400 Hospital Road, Tuskegee, Alabama, including building numbers 19-
29, 50-51, 59-60, 62-63, 80, 94, 96, and 124, to Tuskegee University, 
for the purpose of permitting Tuskegee University to use the property 
to further the education and general welfare of its students. In 
carrying out the conveyance under this subsection, the Secretary may 
survey all or a portion of the property to be conveyed if the Secretary 
determines such a survey would be necessary or desirable.
    (c) Hazardous Substances.--Notwithstanding section 120(h) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9620(h)) or the Solid Waste Disposal Act (42 U.S.C. 
6901 et seq.), in the conveyance of the property under subsection (b), 
the Secretary shall be only required to meet the disclosure 
requirements for hazardous substances, pollutants, and contaminants, 
but otherwise shall not be required to remediate or abate the release 
of any hazardous substance, pollutant, or contaminant, including 
petroleum and petroleum derivatives.
    (d) Cooperative Authority.--
            (1) Leases, contracts, and cooperative agreements 
        authorized.--In conjunction with, or in addition to, the 
        conveyance under subsection (b), the Secretary may enter into 
        leases, contracts, and cooperative agreements with the 
        University related to the conveyance authorized under 
        subsection (b).
            (2) Sole source.--Notwithstanding division C of subtitle I 
        of title 41, United States Code, or any other provision of law, 
        the Secretary may lease real property from the University on a 
        noncompetitive basis.
            (3) Non-exclusive authority.--The authority provided by 
        this subsection is in addition to any other authority of the 
        Secretary.
    (e) Additional Terms and Conditions.--The Secretary may require 
such reasonable terms and conditions in connection with the conveyance 
under subsection (b) as the Secretary considers appropriate to protect 
the interests of the United States, except that the conveyance may not 
require further administrative or environmental analyses or 
examination.
    (f) Limitation.--The Secretary may not make the conveyance under 
subsection (b) before October 1, 2014.

SEC. 8. 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''.
                                                 Union Calendar No. 173

113th CONGRESS

  1st Session

                               H. R. 2072

                          [Report No. 113-245]

_______________________________________________________________________

                                 A BILL

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.

_______________________________________________________________________

                            October 16, 2013

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed