[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 154 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                 S. 154

    To amend title 38, United States Code, to improve oversight of 
  contracts for services and financial processes of the Department of 
               Veterans Affairs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 16, 2019

Mr. Tester (for himself, Mr. Blumenthal, Ms. Baldwin, Mrs. Murray, Mr. 
Kaine, Mr. Bennet, and Ms. Sinema) introduced the following bill; which 
   was read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
    To amend title 38, United States Code, to improve oversight of 
  contracts for services and financial processes of the Department of 
               Veterans Affairs, and for other purposes.

    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 ``Department of Veterans Affairs 
Contract, Leadership, and Ensuring Accountability and Reform Act of 
2019'' or the ``VA CLEAR Act of 2019''.

SEC. 2. IMPROVING OVERSIGHT OF CONTRACTS FOR SERVICES OF THE DEPARTMENT 
              OF VETERANS AFFAIRS.

    (a) In General.--Section 513 of title 38, United States Code, is 
amended--
            (1) in the first sentence, by striking ``The Secretary may, 
        for'' and inserting the following:
    ``(a) In General.--The Secretary may, for''; and
            (2) by adding at the end the following new subsection:
    ``(b) Contract Requirements.--The Secretary shall ensure that each 
contract for a service into which the Secretary enters under subsection 
(a) includes the following:
            ``(1) Measurable metrics to ascertain the performance of 
        the provider of the service, relating to cost, schedule, and 
        fulfillment of contract requirements.
            ``(2) A plan of action and milestones for the provision of 
        the service, with estimates of the dates on which significant 
        portions of the contract will be completed and a description of 
        the resources the service provider will assign to provide the 
        service.
            ``(3) Safeguards to ensure that the service provided meets 
        a minimum threshold of quality determined by the Secretary, 
        including authority for the Secretary to levy a financial 
        penalty upon the service provider if the service provided fails 
        to meet such threshold.
            ``(4) Measurable metrics relating to the use of award or 
        incentive fees.
            ``(5) A requirement that the service provider documents 
        through information technology systems of the Department the 
        work of the service provider so that the Secretary can review 
        and validate the quality of the service provided using the 
        metrics set forth in the contract under paragraph (1).
    ``(c) Reporting Requirements.--(1) For each contract for a service 
into which the Secretary enters under subsection (a)--
            ``(A) not later than 45 days after the last day of each 
        quarter for the duration of the contract, the Secretary shall 
        submit to the Committee on Veterans' Affairs of the Senate and 
        the Committee on Veterans' Affairs of the House of 
        Representatives--
                    ``(i) a report on the service provided under the 
                contract and an assessment as to how such service 
                compares with respect to the metrics set forth in the 
                contract under subsection (b)(1); and
                    ``(ii) a report that details the significant 
                modifications made to the contract, if any, and a 
                justification for such modifications; and
            ``(B) publish on the internet website of the Department 
        information about the contract and the significant 
        modifications made to the contract, if any.
    ``(2) Whenever the Secretary provides notice to a service provider 
that the service provider is failing to meet obligations pursuant to a 
contract entered under subsection (a), the Secretary shall submit to 
the Committee on Veterans' Affairs of the Senate and the Committee on 
Veterans' Affairs of the House of Representatives a report on such 
failure that includes the following:
            ``(A) An explanation of the reasons for providing such 
        notice.
            ``(B) A description of the effect of such failure, 
        including with respect to cost, schedule, and requirements.
            ``(C) A description of the actions taken by the Secretary 
        to mitigate such failure.
            ``(D) A description of the actions taken by the contractor 
        to address such failure.''.
    (b) Effective Date.--Subsections (b) and (c) of section 513 of such 
title, as added by subsection (a), shall take effect on the date of the 
enactment of this Act.
    (c) Applicability.--
            (1) In general.--Subsections (b) and (c) of such section, 
        as so added, shall apply with respect to contracts entered into 
        by the Secretary of Veterans Affairs on or after the date that 
        is one year before the date of the enactment of this Act.
            (2) Certain reporting requirements.--Subsection (c)(1)(A) 
        of such section, as so added, shall apply with respect to 
        quarters that begin after the date of the enactment of this 
        Act.

SEC. 3. HEIGHTENED OVERSIGHT FOR CONTRACTS FOR SERVICES OF THE 
              DEPARTMENT OF VETERANS AFFAIRS OF MORE THAN 
              $2,000,000,000.

    (a) In General.--Section 513 of title 38, United States Code, as 
amended by section 2, is further amended by adding at the end the 
following new subsections:
    ``(d) Justification and Plan for Certain Contracts.--In each case 
of a contract for a service into which the Secretary enters under 
subsection (a) that would result in the Department incurring an 
obligation of more than $2,000,000,000, not later than 20 days after 
the date of the contract award, the Secretary shall submit to the 
Committee on Veterans' Affairs of the Senate and the Committee on 
Veterans' Affairs of the House of Representatives--
            ``(1) a justification of the need for the contract, 
        including an explanation of why the Department is unable to 
        perform the service; and
            ``(2) a plan for how the Department will fund the contract 
        in future years.
    ``(e) Review of Certain Contracts.--In each case of a contract for 
a service into which the Secretary enters under subsection (a) that 
would result in the Department incurring an obligation of more than 
$2,000,000,000, after the first year of service of such contract, the 
Inspector General of the Department and the Comptroller General of the 
United States shall each complete a review of the contract--
            ``(1) to determine whether the metrics included in the 
        contract were met; and
            ``(2) to review the appropriateness of funds expended for 
        the contract.''.
    (b) Effective Date.--Subsections (d) and (e) of section 513 of such 
title, as added by subsection (a), shall take effect on the date of the 
enactment of this Act.
    (c) Applicability.--
            (1) In general.--Subsections (d) and (e) of such section, 
        as so added, shall apply with respect to contracts entered into 
        by the Secretary of Veterans Affairs on or after the date that 
        is one year before the date of the enactment of this Act.
            (2) Justification and plan for certain contracts.--With 
        respect to contracts described in subsection (d) of such 
        section, as so added, that were entered into by the Secretary 
        on or before the date of the enactment of this Act, the 
        Secretary shall submit the justification and plan required by 
        such subsection not later than 20 days after the date of the 
        enactment of this Act in lieu of 20 days after the date of the 
        contract award as otherwise required by such subsection.

SEC. 4. OVERSIGHT AND ACCOUNTABILITY OF FINANCIAL PROCESSES OF THE 
              DEPARTMENT OF VETERANS AFFAIRS.

    (a) Independent Review of Financial Processes.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of Veterans Affairs 
        shall enter into a contract with an independent third party--
                    (A) to review and audit the financial processes, 
                including reporting structures, and actuarial and 
                estimation models of the Department of Veterans 
                Affairs;
                    (B) to develop recommendations for improving such 
                structures; and
                    (C) to complete such review and development not 
                later than 180 days after the date on which the 
                Secretary and the independent third party enter into 
                the contract.
            (2) Implementation plan.--Not later than 60 days after the 
        completion of the review and development required by paragraph 
        (1), the Secretary shall submit to the Committee on Veterans' 
        Affairs of the Senate and the Committee on Veterans' Affairs of 
        the House of Representatives a plan to implement the 
        recommendations developed under subparagraph (B) of such 
        paragraph.
    (b) Plans for Use of Supplemental Appropriations Required.--
Whenever the Secretary submits to Congress, to address a budgetary 
issue affecting the Department of Veterans Affairs, a request for 
supplemental appropriations or any other appropriation when the request 
is submitted outside the standard budget process, the Secretary shall, 
not later than 45 days before the date on which such budgetary issue 
would start affecting a program or service, submit to Congress a 
justification for the request, including--
            (1) a plan that details how the Secretary intends to use 
        the requested appropriation and how long the requested 
        appropriation is expected to meet the needs of the Department; 
        and
            (2) a certification as to whether the request was made 
        using an updated and sound actuarial analysis.

SEC. 5. TESTIMONIAL SUBPOENA AUTHORITY OF THE INSPECTOR GENERAL OF THE 
              DEPARTMENT OF VETERANS AFFAIRS.

    Section 312 of title 38, United States Code, is amended by adding 
at the end the following new subsection:
    ``(c)(1)(A) In addition to the authority otherwise provided by the 
Inspector General Act of 1978 (5 U.S.C. App.) and in accordance with 
the requirements of this subsection, the Inspector General, in carrying 
out the provisions of this section, may require by subpoena the 
attendance and testimony of witnesses as necessary in the performance 
of the functions assigned to the Inspector General by the Inspector 
General Act of 1978 (5 U.S.C. App.) and this section, which in the case 
of contumacy or refusal to obey, such subpoena shall be enforceable by 
order of any appropriate district court of the United States.
    ``(B) An Inspector General may not require by subpoena the 
attendance and testimony of any current Federal employees, but may use 
other authorized procedures.
    ``(2) The authority to issue a subpoena under paragraph (1) may not 
be delegated.
    ``(3)(A) If the Inspector General intends to issue a subpoena, the 
Inspector General shall notify the Attorney General of such intent.
    ``(B) Not later than 10 days after the date on which the Attorney 
General is notified pursuant to paragraph (1), the Attorney General may 
object to the issuance of the subpoena if the subpoena will interfere 
with an ongoing investigation and, if the Attorney General makes such 
an objection, the Inspector General may not issue the subpoena.
    ``(C) If the Attorney General does not object to the issuance of 
the subpoena during the 10-day period described in subparagraph (B), 
the Inspector General may issue the subpoena.''.

SEC. 6. CENTRALIZED SYSTEMS FOR CERTAIN RECORDS OF THE DEPARTMENT OF 
              VETERANS AFFAIRS.

    (a) Administrative Investigation Boards.--The Secretary of Veterans 
Affairs shall implement a centralized system in which completed reviews 
of administrative investigation boards are recorded and maintained.
    (b) Referrals of Clinicians to Licensing Boards.--The Under 
Secretary for Health of the Department of Veterans Affairs shall 
implement a centralized system for tracking instances in which the 
Department has referred a clinician to the licensing board of a State 
because of the behavior of the clinician or clinical outcomes.
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