[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2679 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2679

    To strengthen accountability and oversight at the Department of 
               Veterans Affairs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2023

  Mr. Tester (for himself, Mr. Moran, and Mr. Rounds) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
    To strengthen accountability and oversight at 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Leadership, 
Engagement, Accountability, and Development Act of 2023'' or the ``LEAD 
Act of 2023''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
              TITLE I--ACCOUNTABILITY AND ADVERSE ACTIONS

Sec. 101. Establishment of system and standards for accountability and 
                            adverse actions.
Sec. 102. Establishment of Office of Transparency, Engagement, 
                            Accountability, and Management in Veterans 
                            Health Administration.
Sec. 103. Department of Veterans Affairs accountability, management, 
                            and leadership survey.
Sec. 104. Establishment of administrative investigation board and other 
                            accountability actions database.
Sec. 105. Report on accountability actions of Department of Veterans 
                            Affairs.
Sec. 106. Report on views of Secretary of Veterans Affairs on need for 
                            additional legislative action to improve 
                            accountability, due process, and 
                            whistleblower protection at Department of 
                            Veterans Affairs.
                   TITLE II--OVERSIGHT OF HEALTH CARE

Sec. 201. Oversight visit requirements for medical facilities of 
                            Department of Veterans Affairs.
Sec. 202. Establishment of Office of the Medical Inspector of 
                            Department of Veterans Affairs.
Sec. 203. Inclusion of officials within Office of the Under Secretary 
                            for Health.
Sec. 204. Mobile temporary health staffing program to ensure access and 
                            continuity of care.
    TITLE III--WHISTLEBLOWER PROTECTIONS AND EMPLOYEE ACCOUNTABILITY

Sec. 301. Strengthening whistleblower protections at Department of 
                            Veterans Affairs.
Sec. 302. Report on implementation of provisions of law relating to 
                            accountability and whistleblower 
                            protections at Department of Veterans 
                            Affairs.
Sec. 303. Peer review of investigations by Office of Accountability and 
                            Whistleblower Protection of Department of 
                            Veterans Affairs.
Sec. 304. Reports on improvements to adherence to recommendations of 
                            Office of Accountability and Whistleblower 
                            Protection.
Sec. 305. Report on Department of Veterans Affairs actions in response 
                            to preliminary observations in Comptroller 
                            General of the United States report on 
                            Department whistleblower retaliation.
Sec. 306. Modification to responsibilities and authorities of Assistant 
                            Secretary for Accountability and 
                            Whistleblower Protection.
TITLE IV--IMPROVING SECURITY, OVERSIGHT, ACCOUNTABILITY, AND MANAGEMENT 
                   OF DEPARTMENT OF VETERANS AFFAIRS

Sec. 401. Plan to consolidate and centralize security operations of 
                            Department of Veterans Affairs to improve 
                            management, clarify accountability, and 
                            strengthen effectiveness.
Sec. 402. Report on enterprise risk management efforts of Department of 
                            Veterans Affairs.
Sec. 403. Modification of reporting requirement for Secretary of 
                            Veterans Affairs annual report on 
                            implementation of recommendations of 
                            Comptroller General of the United States 
                            pertaining to Department of Veterans 
                            Affairs.
Sec. 404. Annual Hatch Act training program at Department of Veterans 
                            Affairs.
Sec. 405. Independent study regarding management structures of 
                            Department of Veterans Affairs.

              TITLE I--ACCOUNTABILITY AND ADVERSE ACTIONS

SEC. 101. ESTABLISHMENT OF SYSTEM AND STANDARDS FOR ACCOUNTABILITY AND 
              ADVERSE ACTIONS.

    Subchapter I of chapter 7 of title 38, United States Code, is 
amended by adding at the end the following new section:
``Sec. 729. Accountability and adverse action system and standards
    ``(a) System and Standards.--Not later than one year after the date 
of the enactment of the Leadership, Engagement, Accountability, and 
Development Act of 2023, the Secretary shall establish a system and 
standards for accountability and adverse action preparation and 
proposal (hereafter referred to as `standards').
    ``(b) Requirements.--In carrying out subsection (a), the Secretary 
shall--
            ``(1) determine distinct steps and processes whereby any 
        adverse action is investigated, prepared, and proposed for an 
        employee of the Department;
            ``(2) develop and distribute training on the processes 
        determined pursuant to paragraph (1), which shall be a required 
        annual training across the enterprise and may differ for each 
        employee based on the seniority, role, and Administration 
        within the Department of the employee;
            ``(3) collect and distribute best practices and resources 
        on accountability reporting and investigations, preparation, 
        and proposal of adverse actions for human resources offices of 
        the Department, the Office of General Counsel, and heads of 
        facilities and offices of the Department, including relevant 
        regional offices, to distribute to their relevant staff across 
        the enterprise; and
            ``(4) monitor the implementation of the standards at 
        facilities of the Department, including monitoring--
                    ``(A) the number of adverse actions issued versus 
                number overturned in the three fiscal years prior;
                    ``(B) metrics for the time taken from allegation of 
                improper conduct or performance raised to an official 
                proposal being issued;
                    ``(C) quality, frequency, and comprehension of 
                training, information, and education provided to 
                employees regarding accountability and adverse actions;
                    ``(D) percentage of staff that completed the 
                training developed and distributed pursuant to 
                paragraph (2) over the past three fiscal years;
                    ``(E) number of external and internal 
                investigations that resulted in at least one 
                substantiated claim of a prohibited personnel action 
                set forth under section 731(c) of this title;
                    ``(F) responses to relevant surveys conducted by 
                the Department, including those established by section 
                103 of the LEAD Act of 2023;
                    ``(G) grievances filed by labor organizations 
                relative to the number of collective bargaining unit 
                employees and whether or not they were adjudicated in 
                favor of the labor organization; and
                    ``(H) such other factors as the Secretary considers 
                appropriate to monitor the accountability and due 
                process culture of facilities, offices, 
                Administrations, and other relevant elements of the 
                Department; and
    ``(c) Consultation.--In carrying out this section, the Secretary 
shall consult with the following:
            ``(1) Representatives of labor organizations.
            ``(2) The Inspector General of the Department.
            ``(3) The Assistant Secretary for Accountability and 
        Whistleblower Protection.
            ``(4) The Assistant Under Secretary for Health for 
        Transparency, Engagement, Accountability, and Management.
            ``(5) Employees of the Department across the enterprise.
            ``(6) The Comptroller General of the United States.
            ``(7) The Special Counsel.
            ``(8) Such others as the Secretary considers appropriate.
    ``(d) Definition of Adverse Action.--(1) In this section, the term 
`adverse action' means a personnel action taken by the Department 
against an employee of the Department.
    ``(2) Term `adverse action' includes a removal, demotion, 
suspension, and any other relevant significant personnel action taken 
by the Department against an employee of the Department.''.
     (a) Clerical Amendment.--The table of sections at the beginning of 
chapter 7 of such title is amended by inserting after the item relating 
to section 728 the following new item:

``729. Accountability and adverse action system and standards.''.

SEC. 102. ESTABLISHMENT OF OFFICE OF TRANSPARENCY, ENGAGEMENT, 
              ACCOUNTABILITY, AND MANAGEMENT IN VETERANS HEALTH 
              ADMINISTRATION.

    (a) Establishment.--
            (1) In general.--Subchapter I of chapter 73 of title 38, 
        United States, Code, is amended by inserting after section 7306 
        the following new section:
``Sec. 7306A. Office of Transparency, Engagement, Accountability, and 
              Management
    ``(a) Establishment.--There is established in the Veterans Health 
Administration an office to be known as the `Office of Transparency, 
Engagement, Accountability, and Management' or the `TEAM Office' (in 
this section referred to as the `Office').
    ``(b) Head of Office.--
            ``(1) In general.--The head of the Office shall be 
        responsible for the functions of the Office and shall be 
        appointed by the Under Secretary for Health from among 
        individuals qualified to perform the duties of the position.
            ``(2) Director.--The head of the Office shall be known as 
        the `Director of the Office of Transparency, Engagement, 
        Accountability, and Management' or the `Director of the TEAM 
        Office' and shall report directly to the Under Secretary for 
        Health.
    ``(c) Functions.--The functions of the Office shall include the 
following:
            ``(1) Tracking recommendations related to the Veterans 
        Health Administration, and other relevant recommendations, made 
        by the Office of the Medical Inspector (established under 
        section 7306B of this title), the Inspector General of the 
        Department, the Comptroller General of the United States, the 
        Office of Special Counsel, the Joint Commission, and other 
        relevant internal and external investigative and oversight 
        bodies, to ensure individual and relevant system-wide 
        compliance with and adoption of those recommendations.
            ``(2) To ensure compliance with those recommendations, the 
        following:
                    ``(A) Following up with relevant departments and 
                program offices of the Veterans Health Administration, 
                Veterans Integrated Service Networks, medical centers, 
                and other facilities to which those recommendations 
                were made.
                    ``(B) Sharing knowledge of those recommendations 
                and directing corrective policy actions across the 
                Veterans Health Administration so as to aid other 
                offices, facilities, and other entities in avoiding 
                repetition of the issues that required those 
                recommendations.
            ``(3) Ensuring consistency and reducing variation in 
        delivery of health care and related services by the Veterans 
        Health Administration (whether direct care or through any 
        contract or agreement) and adherence to national policies 
        across the country.
            ``(4) Conducting regular proactive and reactive in-person 
        and virtual oversight visits to check adherence to all 
        applicable policies, regulations, and guidance of the 
        Department.
            ``(5) Using internal and external data related to health 
        quality, safety, access, satisfaction, staffing, and other 
        areas with respect to health care from the Department to 
        monitor and discover risks and challenges before they become 
        larger issues and proactively direct changes, including by 
        providing direction and recommendations to the central office 
        of the Veterans Health Administration, Veterans Integrated 
        Service Networks, medical centers, and other facilities and 
        sub-units to address quality, safety, access, satisfaction, 
        staffing, and other health care delivery performance 
        priorities.
            ``(6) Soliciting feedback to seek areas of improvement of 
        delivery of health care to veterans, including from individual 
        veterans and their families, veterans service organizations, 
        labor organizations, and employees across all levels of the 
        Department.
            ``(7) Proactive sharing of best practices and challenges 
        identified across the Veterans Health Administration with the 
        appropriate leadership at every level of the Veterans Health 
        Administration.
            ``(8) Monitoring for, and incorporating best practices in, 
        health quality, safety, access, satisfaction, staffing, 
        compliance, and risk management in public, private, and non-
        profit health settings and providing guidance for the Veterans 
        Health Administration to incorporate those relevant best 
        practices.
            ``(9) Instilling a proactive approach to leadership at 
        every level of the Veterans Health Administration, including 
        the central office, Veterans Integrated Service Networks, 
        medical centers, and other facilities and sub-units.
    ``(d) Consultation.--In establishing the Office and carrying out 
the functions of the Office, the Under Secretary shall consult with the 
Comptroller General of the United States and the Inspector General of 
the Department to ensure the Office draws upon best practices 
identified across the Federal Government and recommendations of the 
Comptroller General and the Inspector General.
    ``(e) Reorganization.--The Under Secretary may reorganize other 
offices within the Veterans Health Administration to operate under the 
purview of the Office if the Under Secretary notifies Congress in 
advance of such reorganization.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 7306 the following new item:

``7306A. Office of Transparency, Engagement, Accountability, and 
                            Management.''.
    (b) Coordination With Stakeholders.--
            (1) In general.--In establishing the Office of 
        Transparency, Engagement, Accountability, and Management under 
        section 7306A of title 38, United States Code, as added by 
        subsection (a)(1), the Under Secretary for Health of the 
        Department of Veterans Affairs shall solicit formal written 
        feedback from labor organizations, veterans service 
        organizations, and other appropriate entities.
            (2) Report.--Not later than 180 days after soliciting 
        formal written feedback under paragraph (1), the Under 
        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 containing any recommendations 
        obtained under such paragraph, including feedback on whether or 
        not the Under Secretary intends to follow any such 
        recommendations and explanations for why the Under Secretary 
        does not intend to follow any such recommendations.
    (c) Reorganization.--
            (1) In general.--As part of the establishment of the Office 
        of Transparency, Engagement, Accountability, and Management 
        under section 7306A of title 38, United States Code, as added 
        by subsection (a)(1), not later than two years after the date 
        of the enactment of this Act, the Secretary of Veterans Affairs 
        and the Under Secretary for Health of the Department of 
        Veterans Affairs, in consultation with the Comptroller General 
        of the United States and the Inspector General of the 
        Department of Veterans Affairs, shall reorganize into a 
        cohesive office with relevant sub-offices consistent with best 
        practices of the Comptroller General for internal controls and 
        management the various relevant disparate oversight functions 
        within the Veterans Health Administration that have some 
        portion of responsibility for--
                    (A) health care quality, safety, and risk;
                    (B) proactive safety and quality improvements;
                    (C) reactive safety and quality improvements;
                    (D) access to care;
                    (E) consistency of care delivery and quality;
                    (F) adherence to national standards, policy, 
                protocols, laws, and regulations;
                    (G) quality and safety data collection and 
                monitoring; and
                    (H) such other matters as the Secretary determines 
                appropriate.
            (2) Reduction of duplication.--In carrying out the 
        reorganization required under paragraph (1), the Under 
        Secretary for Health of the Department of Veterans Affairs 
        shall--
                    (A) reduce duplication of functions in the various 
                offices reorganized under such paragraph;
                    (B) clarify reporting structures and 
                responsibilities; and
                    (C) ensure the establishment of a centralized, 
                proactive, and accountable office dedicated to the 
                functions outlined in section 7306A(c) of title 38, 
                United States Code, as added by subsection (a)(1).
            (3) Offices included.--At a minimum, the offices that shall 
        be subsumed and restructured under the Office of Transparency, 
        Engagement, Accountability, and Management under section 7306A 
        of title 38, United States Code, as added by subsection (a)(1), 
        as part of the reorganization required under paragraph (1) 
        shall include, from within the Veterans Health Administration--
                    (A) the Office of Oversight, Risk, and Ethics;
                    (B) relevant portions or full offices from--
                            (i) the Office of Risk Management;
                            (ii) the Office of Clinical Services;
                            (iii) the Office of Patient Care Services;
                            (iv) the Office of Operations; and
                            (v) the Office of Quality and Patient 
                        Safety; and
                    (C) the Office of the Medical Inspector under 
                section 7306B of title 38, United States Code, as added 
                by section 202(a), solely for purposes of 
                organizational efficiency and economies of scale.
            (4) Report.--
                    (A) In general.--Not later than two years after the 
                date of the enactment of this Act, the Secretary of 
                Veterans Affairs shall submit to the appropriate 
                committees of Congress a report on the completion of 
                the reorganization required under paragraph (1).
                    (B) Elements.--The report required by subparagraph 
                (A) shall include--
                            (i) a description of the reorganization 
                        required under paragraph (1) that the Under 
                        Secretary for Health of the Department of 
                        Veterans Affairs has carried out and the 
                        reasoning for the various structures 
                        established and how those structures will 
                        improve accountability, efficiency, management, 
                        leadership, care delivery, and oversight;
                            (ii) a description of any challenges, and a 
                        response to those challenges, encountered in 
                        conducting such reorganization;
                            (iii) recommendations for such legislative 
                        or administrative action as the Secretary 
                        considers appropriate to fully implement such 
                        reorganization, including additional 
                        authorities or resources; and
                            (iv) a description of any reasons why 
                        offices listed under paragraph (2) were not 
                        consolidated and how that decision will not 
                        affect accountability, efficiency, care 
                        delivery, and oversight.
                    (C) Appropriate committees of congress defined.--In 
                this paragraph, the term ``appropriate committees of 
                Congress'' means--
                            (i) the Committee on Veterans' Affairs and 
                        the Committee on Appropriations of the Senate; 
                        and
                            (ii) the Committee on Veterans' Affairs and 
                        the Committee on Appropriations of the House of 
                        Representatives.

SEC. 103. DEPARTMENT OF VETERANS AFFAIRS ACCOUNTABILITY, MANAGEMENT, 
              AND LEADERSHIP SURVEY.

    (a) Biennial Survey Required.--Starting not less than 180 days 
after the date of the enactment of this Act and not less than once 
every two years thereafter, the Secretary of Veterans Affairs shall 
conduct a voluntary anonymous accountability, management, and 
leadership survey open to all employees of the Department of Veterans 
Affairs.
    (b) Anonymity.--The Secretary shall ensure the following:
            (1) Feedback collected and data compiled under this section 
        is only to be disaggregated by--
                    (A) whether an employee is in a Senior Executive 
                Service position (as such term is defined in section 
                3132(a) of title 5, United States Code) or other 
                equivalent position or not; and
                    (B) Administration (namely Veterans Health 
                Administration, National Cemetery Administration, 
                Veterans Benefits Administration, and Central Office of 
                the Department) or staff office or other entity where a 
                survey participant is employed.
            (2) In carrying out paragraph (1), the granularity of data 
        collected is not recorded or collected in a manner to allow the 
        identification of employees within any unit of the Department 
        which contains a relatively smaller number of employees and 
        whose identities could potentially be ascertained.
            (3) Feedback collected and data compiled under this section 
        does not include any personally identifiable information.
            (4) The protections for participants provided under this 
        subsection are clearly made known within the survey and in 
        educational and training material informing employees of the 
        Department about the survey.
    (c) Elements.--
            (1) In general.--As part of the voluntary anonymous survey 
        required by subsection (a), the Secretary shall inquire about 
        the following:
                    (A) The knowledge level and understanding of 
                employees regarding reporting and accountability 
                structures within and outside of the Department 
                regarding employment concerns, issues of waste, fraud, 
                and abuse and other related matters.
                    (B) The knowledge level and understanding of 
                employees regarding whistleblower protections including 
                protections against prohibited personnel actions 
                described in section 731(c) of title 38, United States 
                Code.
                    (C) The knowledge level and understanding of 
                employees regarding where to seek assistance with equal 
                employment opportunity, harassment, and other related 
                matters.
                    (D) The knowledge level and understanding of how to 
                report information to the Office of Inspector General 
                of the Department, the Office of the Medical Inspector 
                established by section 7306B of title 38, United States 
                Code, as added by section 202, the Office of 
                Accountability and Whistleblower Protection, the Office 
                of Special Counsel, the Comptroller General of the 
                United States, and related entities.
                    (E) To what extent employees feel comfortable 
                reporting areas of concern to an individual in the 
                supervisory chain of the employee.
                    (F) If the employee has reported areas of concern 
                within their supervisor chain in the past, to what 
                extent the employee feels the report was taken 
                seriously and addressed.
                    (G) If the employee has reported areas of concern 
                to a representative of a labor organization, to what 
                extent the employee feels the labor organization was 
                able to address it.
                    (H) The opinions and comments of survey 
                participants on any topic the participants consider 
                appropriate.
                    (I) Such other matters the Secretary considers 
                appropriate.
            (2) Information and resources.--At the end of each survey 
        required by subsection (a), the Department shall provide 
        employees with information and resources regarding the 
        following:
                    (A) How to reach out to their appropriate labor 
                representatives, where applicable.
                    (B) Resources and information on the legal 
                protections for whistleblowers.
                    (C) Reporting information to the Office of 
                Inspector General of the Department, the Office of the 
                Medical Inspector established by section 301, the 
                Office of Accountability and Whistleblower Protection, 
                the Office of Special Counsel, the Comptroller General 
                of the United States, and related entities.
            (3) Responses not required.--The Secretary shall not 
        require an employee who chooses to participate in the survey to 
        respond to every question of the survey required by subsection 
        (a).
    (d) Reports to Congress.--
            (1) Report required.--Not later than 180 after the date of 
        the completion of the initial survey conducted pursuant to 
        subsection (a) and each survey conducted thereafter, the 
        Department 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 the survey.
            (2) Elements.--Each report submitted pursuant to paragraph 
        (1) regarding a survey shall include the following, 
        disaggregated as described in subsection (b)(1):
                    (A) A copy of the survey as it was presented, 
                including any variations depending on employee status 
                and Administration, staff office, or related element of 
                the Department.
                    (B) The survey response rate.
                    (C) A description of outreach the Department 
                conducted to notify employees of the survey and solicit 
                responses.
                    (D) A description of incentives provided to 
                employees for responding to the survey or workplace 
                accommodations made for employees to respond to the 
                survey during working hours.
                    (E) A description of safeguards instituted to 
                ensure employee anonymity.
                    (F) Conclusions, recommendations, and plans of 
                action based on survey responses to improve 
                accountability, due process, employee retention and 
                development, and leadership and management at the 
                Department.
    (e) Coordination With Third Parties.--The Secretary may enlist a 
reputable non-Department entity to develop, conduct, and analyze the 
surveys.
    (f) Coordination With Community and Labor Organizations.--The 
Secretary shall solicit formal written feedback from labor organization 
partners and other appropriate entities regarding the contents of the 
surveys conducted pursuant to subsection (a) and the data analysis of 
each survey. The Secretary shall share these recommendations with the 
committees described in subsection (d)(1) and include feedback on 
whether or not the Secretary intends to follow the recommendations and 
explanations for any recommendations the Secretary does not follow.
    (g) Termination.--The requirements of this section shall terminate 
on the date that is five years after the date of the enactment of this 
Act, but the Secretary may continue conducting surveys under this 
section as the Secretary considers appropriate.
    (h) Definition of Whistleblower.--In this section, the term 
``whistleblower'' has the meaning given such term in section 323 of 
title 38, United States Code, as amended by this Act.

SEC. 104. ESTABLISHMENT OF ADMINISTRATIVE INVESTIGATION BOARD AND OTHER 
              ACCOUNTABILITY ACTIONS DATABASE.

    (a) In General.--Subchapter I of chapter 7 of title 38, United 
States Code, as amended by section 101, is further amended by adding at 
the end the following new section:
``Sec. 729A. Administrative investigation board and other 
              accountability actions database
    ``(a) Establishment.--The Secretary shall establish a central, 
access-controlled, and secure database to make administrative 
investigation board information, and other official investigatory 
process information, accessible for relevant officials of the 
Department for the purposes of--
            ``(1) reviewing an employee who is under consideration for 
        promotion or rehire and who was the subject of an 
        administrative investigation board or other official 
        investigatory process;
            ``(2) monitoring trends and challenges, including with 
        respect to management and accountability; and
            ``(3) enabling relevant authorized officials of--
                    ``(A) the Office of the Secretary and the Deputy 
                Secretary and non-Administration offices of the Central 
                Office of the Department to attain visibility and 
                insight into the accountability actions and 
                investigations of the headquarters of the Department 
                for purposes of management and oversight;
                    ``(B) Veterans Integrated Service Networks and the 
                central office of the Veterans Health Administration to 
                attain visibility and insight into the accountability 
                actions and investigations of the Department medical 
                centers and other relevant sub-facilities for the 
                purposes of management and oversight;
                    ``(C) the central office of the Veterans Benefits 
                Administration to attain visibility and insight into 
                the accountability actions and investigations of 
                regional offices of the Administration for the purposes 
                of management and oversight;
                    ``(D) the central office of the National Cemetery 
                Administration to attain visibility and insight into 
                the accountability actions and investigations of 
                regional offices of the Administration for the purposes 
                of management and oversight; and
                    ``(E) all other relevant offices and 
                administrations of the Department to attain visibility 
                and insight into the accountability actions and 
                investigations of regional or sub-offices of a relevant 
                organization for the purposes of management and 
                oversight.
    ``(b) Manner of Implementation.--The database established pursuant 
to subsection (a) may be implemented through--
            ``(1) the creation of a standalone information technology 
        service or system; or
            ``(2) incorporated into an existing or planned information 
        technology solution for human resources, accountability, or 
        other similar functions, but only if such system complies with 
        the requirements of subsection (c).
    ``(c) Privacy and Security.--
            ``(1) In general.--The database established pursuant to 
        subsection (a) shall have privacy, user-based, time-limitation, 
        and access controls to ensure only those with a need to know 
        can access the information.
            ``(2) Protocols.--
                    ``(A) In general.--The Secretary shall, in 
                consultation with the General Counsel of the 
                Department, the Assistant Secretary for Information and 
                Technology, the Chief Human Capitol Officer, and the 
                Assistant Secretary for Accountability and 
                Whistleblower Protection, and the heads of such other 
                relevant offices of the Department, develop protocols 
                for who can have access to the database established 
                pursuant to subsection (a) and when, so as to preserve 
                privacy, preserve due process, and strengthen 
                accountability and whistleblower protection.
                    ``(B) Annual reviews.--The Secretary shall review 
                the protocols developed pursuant to subparagraph (A) 
                not less frequently than once each year.
    ``(d) Features.--The database established pursuant to subsection 
(a) shall include, at a minimum, the ability to filter data in the 
database and search such data by the following:
            ``(1) Outcome of an administrative investigation board or 
        other official investigatory process.
            ``(2) The implementation status of the recommendations or 
        other actions included in a final administrative investigation 
        board or other official investigatory process.
            ``(3) Summary of facts of a case.
            ``(4) Relevant final documents and interviews, findings, 
        and adjudication.
            ``(5) Grade of employee.
            ``(6) Status of administrative investigation board review 
        or other official investigatory process.
            ``(7) Date of initiation and whether a case is open but not 
        concluded or other such status.
            ``(8) Date of closure of an administrative investigation 
        board or other official investigatory process.
            ``(9) Employee name.
            ``(10) Administration, staff office, or other Department 
        entity.
            ``(11) Location, such as the following:
                    ``(A) Station code.
                    ``(B) Regional office.
                    ``(C) Department medical center or medical facility 
                of the Department.
                    ``(D) Cemetery.
                    ``(E) Such other relevant subcategories as the 
                Secretary determines appropriate.
    ``(e) Expansion of Scope.--The Secretary may expand the scope of 
the database established pursuant to subsection (a) to include such 
other accountability reviews and adverse employment outcomes as the 
Secretary considers appropriate.
    ``(f) Monitoring of Database.--The Secretary shall ensure that the 
Veterans Integrated Service Networks, the central office of the 
Department, the Office of Accountability and Whistleblower Protection, 
the district offices of the National Cemetery Administration, the 
central office of the National Cemetery Administration, the regional 
districts of the Veterans Benefits Administration, the central office 
of the Veterans Benefits Administration, and such senior leaders of the 
Department as the Secretary considers appropriate monitor the database 
established pursuant to subsection (a) for activity and trends within 
their organizations down to the lowest level so as to ensure awareness 
of administrative investigation boards and other official investigatory 
processes open and concluded within their organization so as to 
determine potential trends and challenges within the various levels and 
sub-levels of each organization.
    ``(g) Policies on Uploading, Entering, or Otherwise Submitting 
Information.--The Secretary shall develop and implement policy to 
require all parts of the Department to upload, enter, or otherwise 
submit information to the database established pursuant to subsection 
(a) in real-time so as to ensure the database has the most current 
available information at all times.
    ``(h) Administration.--The General Counsel shall--
            ``(1) administer the database established pursuant to 
        subsection (a);
            ``(2) maintain the database in coordination with the Chief 
        Human Capital Officer of the Department, the Assistant 
        Secretary for Accountability and Whistleblower Protection, and 
        the Assistant Secretary for Information and Technology, 
        especially with respect to ensuring security, access control, 
        due process, and whistleblower protection;
            ``(3) monitor the database for trends; and
            ``(4) develop recommendations, based on the findings of the 
        General Counsel with respect to the monitoring carried out 
        pursuant to paragraph (3), for the Secretary to improve 
        accountability, oversight, leadership, and management at the 
        Department.
    ``(i) Definition of Vet Center.--In this section, the term `Vet 
Center' has the meaning given that term in section 1712A(h) of this 
title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 7 of such title, as amended by section 101, is further amended 
by inserting after the item relating to section 729 the following new 
item:

``729A. Administrative investigation board and other accountability 
                            actions database.''.

SEC. 105. REPORT ON ACCOUNTABILITY ACTIONS OF DEPARTMENT OF VETERANS 
              AFFAIRS.

    (a) Report Required.--Not later than one year after the date of the 
enactment of this Act and not later than 60 days after the commencement 
of each fiscal year thereafter until the date that is five years after 
the date of the enactment of this Act, the Secretary of Veterans 
Affairs shall submit to the appropriate committees of Congress a report 
on adverse actions relating to employees of the Department of Veterans 
Affairs occurring during the previous fiscal year.
    (b) Contents.--Each report submitted pursuant to subsection (a) 
shall include the following:
            (1) Information for all terminations, removals, demotions, 
        or other adverse actions, during the 10 fiscal years ending 
        before the date of the submittal of the report, disaggregated 
        by fiscal year.
            (2) The authority used to terminate an employee, 
        disaggregated by type of adverse action and seniority level of 
        employee.
    (c) Definition of Appropriate Committees of Congress.--In this 
section, the term ``appropriate committees of Congress'' means--
            (1) the Committee on Veterans' Affairs and the Committee on 
        Appropriations of the Senate; and
            (2) the Committee on Veterans' Affairs and the Committee on 
        Appropriations of the House of Representatives.

SEC. 106. REPORT ON VIEWS OF SECRETARY OF VETERANS AFFAIRS ON NEED FOR 
              ADDITIONAL LEGISLATIVE ACTION TO IMPROVE ACCOUNTABILITY, 
              DUE PROCESS, AND WHISTLEBLOWER PROTECTION AT DEPARTMENT 
              OF VETERANS AFFAIRS.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall submit 
to the Committee on Veterans' Affairs of the Senate and the Committee 
on Veterans' Affairs of the House of Representatives a report 
indicating--
            (1) whether the Secretary has determined that additional 
        legislative action is required to ensure accountability, due 
        process, and whistleblower protection for employees of the 
        Department;
            (2) if the Secretary has determined that additional 
        legislative action is required, the recommended action and a 
        justification for such recommendation; and
            (3) if the Secretary determines that additional legislative 
        action is not required, the reasoning for such determination.
    (b) Definition of Whistleblower.--In this section, the term 
``whistleblower'' has the meaning given such term in section 323(h) of 
title 38, United States Code, as redesignated by section 201(d).

                   TITLE II--OVERSIGHT OF HEALTH CARE

SEC. 201. OVERSIGHT VISIT REQUIREMENTS FOR MEDICAL FACILITIES OF 
              DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--The Secretary of Veterans Affairs, in coordination 
with the Under Secretary for Health, shall establish requirements for 
in-person oversight visits by officials of the Department of Veterans 
Affairs to medical facilities of the Department as follows:
            (1) Not less frequently than once each fiscal year, the 
        director of each medical center of the Department shall make an 
        announced or unannounced oversight visit to each medical 
        facility that is within the jurisdiction of such director or 
        the catchment area of such medical center.
            (2) Not less frequently than once every two fiscal years, 
        each member of the executive leadership team, except for the 
        director, of each medical center of the Department shall make 
        an announced or unannounced oversight visit to each medical 
        facility that is within the jurisdiction of such team or the 
        catchment area of such medical center.
            (3) Not less frequently than once every two fiscal years, 
        the director of each Veterans Integrated Service Network of the 
        Department shall make an announced or unannounced oversight 
        visit to each medical center of the Department that falls 
        within such network.
    (b) Report Required.--Not later than October 1 following the end of 
the second fiscal year beginning after the date of the enactment of 
this Act, and every fiscal year thereafter for five years, the 
Secretary of Veterans Affairs, acting through the Under Secretary for 
Health, 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--
            (1) any observations regarding the impact of in-person 
        visits required under subsection (a) in improving oversight of, 
        and leadership engagement in, facilities of the Department of 
        Veterans Affairs, accountability of employees, to include 
        leadership, at such facilities, and care delivery and quality 
        to veterans;
            (2) the number of individuals, their job title, and the 
        facility of the Department at which they serve, who have not 
        met the requirements set forth in subsection (a) and steps 
        taken to improve compliance with such requirements, including 
        an explanation as to why those requirements were not met; and
            (3) any other observations the Secretary or the Under 
        Secretary for Health may have regarding the impact of visits 
        required under subsection (a) on improving health care 
        delivery, quality, safety, leadership, and accountability.

SEC. 202. ESTABLISHMENT OF OFFICE OF THE MEDICAL INSPECTOR OF 
              DEPARTMENT OF VETERANS AFFAIRS.

    (a) Establishment.--Subchapter I of chapter 73 of title 38, United 
States Code, is amended by inserting after section 7306A, as added by 
section 102(a)(1) of this Act, the following new section:
``Sec. 7306B. Office of the Medical Inspector
    ``(a) In General.--There is established in the Veterans Health 
Administration within the Office of Transparency, Engagement, 
Accountability, and Management under section 7306A of this title, or 
subsequent office of similar function, an office to be known as the 
`Office of the Medical Inspector' (in this section referred to as the 
`Office').
    ``(b) Head of Office.--
            ``(1) In general.--The Medical Inspector shall be the head 
        of the Office.
            ``(2) Appointment.--The Medical Inspector shall be 
        appointed by the Secretary from among individuals qualified to 
        perform the duties of the position.
            ``(3) Reporting.--The Medical Inspector shall report 
        directly to the Under Secretary for Health.
    ``(c) Functions.--The functions of the Office shall include the 
following:
            ``(1) To review, including proactively, the quality, 
        safety, outcomes, and delivery of, and access to, health care 
        provided to veterans by the Department.
            ``(2) To proactively review offices and facilities of the 
        Veterans Health Administration that have an impact on the 
        quality, safety, and delivery of, and access to, such care and 
        the performance of the Department in providing such care.
            ``(3) To proactively review offices and facilities of the 
        Veterans Health Administration to ensure that policies and 
        procedures of the Department and the Veterans Health 
        Administration are applied consistently at all such offices and 
        facilities.
            ``(4) To investigate, including proactively, the existence 
        of any systemic health delivery, quality, safety, access, or 
        related issues, as determined by the Medical Inspector, that 
        arise within the Veterans Health Administration or through 
        health care provided by the Department.
            ``(5) To establish temporary investigative teams to carry 
        out reviews or investigations described in paragraphs (1), (2), 
        (3), and (4) in response to specific incidents or inquiries, 
        including the following:
                    ``(A) Investigations of complaints by a veteran, a 
                family member of a veteran, an employee of the 
                Department, or another individual that may require a 
                visit to a facility or facilities of the Department.
                    ``(B) Reviews or investigations upon request by the 
                Secretary or the Under Secretary for Health.
                    ``(C) Reviews or investigations in response to 
                information or requests by the Inspector General of the 
                Department, the Office of Accountability and 
                Whistleblower Protection of the Department, the Special 
                Counsel, the Comptroller General of the United States, 
                a Member of Congress, and other related entities, as 
                determined by the Secretary.
                    ``(D) Assessments to examine potential systemic 
                health quality, safety, access, satisfaction, staffing, 
                performance, and other issues within the Veterans 
                Health Administration, including through the conduct of 
                surveys, the collection and examination of data, and 
                the analysis of databases.
            ``(6) To recommend policies to promote efficiency in the 
        administration of, and to prevent waste, abuse, and 
        mismanagement in, programs and operations of the Veterans 
        Health Administration.
            ``(7) To carry out other related duties required of the 
        Office by the Secretary or the Under Secretary for Health 
        before, on, or after the date of the enactment of this section.
            ``(8) To conduct coordination and open communication with 
        the Inspector General of the Department, the Special Counsel, 
        and the Comptroller General and to ensure those entities have 
        the information required to perform their independent oversight 
        functions.
    ``(d) Capabilities and Internal Controls.--The Under Secretary and 
the Medical Inspector shall ensure that the Office has the following 
capabilities and internal controls to achieve effective operations of 
the Office:
            ``(1) A modern electronic information technology database, 
        system, or systems with a minimum of the following functions or 
        capabilities:
                    ``(A) To perform modern case management activities, 
                including tracking open cases, closed cases, trends, 
                time to process, open recommendations, to whom a 
                recommendation is directed (such as a facility or 
                individual), and other similar activities of the 
                Office.
                    ``(B) To track referrals of issues the Office 
                declines to review but refers to other entities to 
                review.
                    ``(C) To review all report recommendations of the 
                Office for trends and issues throughout the Veterans 
                Health Administration and alert leadership of the 
                Veterans Health Administration for corrective and 
                preventative action.
                    ``(D) Such other functions or capabilities as 
                determined by the Under Secretary and the Medical 
                Inspector.
            ``(2) Consistent guidelines for how long facilities that 
        have an open recommendation from the Office have to close such 
        recommendation.
            ``(3) Best practice guidelines on what set of management 
        officials and processes are to be used to approve the closure 
        of recommendations from the Office consistent with internal 
        controls best practices of the Government Accountability 
        Office.
            ``(4) A staffing model and budget for the Office that is 
        consistent with those of a health care system with a patient 
        workload the size of that served by the Department.
            ``(5) An organizational performance plan.
    ``(e) Information on Senior Executive Service Applicants.--
            ``(1) In general.--In conducting a review under this 
        section with respect to an individual serving in a Senior 
        Executive Service position (as defined in section 3132(a) of 
        title 5) or equivalent position in the Department, the Medical 
        Inspector, and a limited number of personnel delegated by the 
        Medical Inspector from within the Office, may request and 
        receive from other relevant offices of the Department the 
        complete hiring packet, package, or assembled paperwork and 
        other information, including electronically stored information, 
        that was submitted by a Federal agency on behalf of the 
        individual when the individual was a candidate for such 
        position.
            ``(2) Limitation.--Access to information authorized under 
        paragraph (1) shall be secure, on a need to know basis, and 
        provided with appropriate controls to protect privacy, 
        whistleblower retaliation, and related matters.
    ``(f) Privacy Matters.--Any medical or other personal information 
obtained by the Office shall be protected from disclosure or misuse in 
accordance with the laws on privacy and whistleblower protection 
applicable to such information.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
7306A, as added by section 102(a)(2) of this Act, the following new 
item:

``7306B. Office of the Medical Inspector.''.
    (c) Guidance on Provision of Feedback.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Veterans 
Affairs and the Under Secretary for Health of the Department of 
Veterans Affairs shall determine and publish guidance requiring all 
internal offices, sub-offices, and other entities of the Department of 
Veterans Affairs reviewing a draft report by the Office of the Medical 
Inspector under section 7306B of title 38, United States Code, as added 
by subsection (a), for the purpose of concurrence by the Department 
with that report to provide feedback on that report to the Office not 
later than 15 business days after assignment for review of that report 
by the Office or another entity controlling or administering the 
concurrence process.
    (d) Capabilities and Internal Controls.--Not later than one year 
after the date of the enactment of this Act, the Under Secretary for 
Health of the Department of Veterans Affairs and the Medical Inspector 
shall ensure that the Office of the Medical Inspector established under 
section 7306B of title 38, United States Code, as added by subsection 
(a), has the capabilities and internal controls specified in subsection 
(d) of such section.
    (e) Continuation in Office.--The individual serving as the Medical 
Inspector of the Department of Veterans Affairs on the day before the 
date of the enactment of this Act may serve as the Medical Inspector of 
the Department of Veterans Affairs after that date until the date on 
which the Secretary of Veterans Affairs appoints an individual to be 
the Medical Inspector pursuant to section 7306B(b)(2) of title 38, 
United States Code, as added by subsection (a), which may include the 
appointment of the same individual.
    (f) Report on Actions To Respond to Comptroller General Report on 
Office of Medical Inspector.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, the Secretary of Veterans Affairs 
        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 the action plan of the Secretary to 
        implement relevant recommendations of the Comptroller General 
        of the United States contained in any review published by the 
        Comptroller General in the previous three calendar years 
        regarding the Office of the Medical Inspector of the Department 
        of Veterans Affairs, including recommended short, medium, and 
        long-term plans to establish the Office of the Medical 
        Inspector pursuant to this section.
            (2) Elements.--The report required by paragraph (1) shall 
        include--
                    (A) specific plans, timelines, and status as of the 
                date of the report of the actions of the Secretary to 
                implement the recommendations contained in the report 
                of the Comptroller General in 2023 regarding the Office 
                of the Medical Inspector of the Department of Veterans 
                Affairs;
                    (B) any requests for legislative action and 
                resources to implement the provisions of this Act that 
                relate to the Office of the Medical Inspector to ensure 
                the effectiveness of the Office to handle the workload 
                and caseload for an integrated health system with a 
                veteran patient volume and medical workforce the size 
                of that served by the Department; and
                    (C) such other matters as the Secretary considers 
                necessary.
    (g) Rule of Construction on Independence of Office of the Medical 
Inspector.--The establishment of the Office of the Medical Inspector of 
the Department of Veterans Affairs under section 7306B of title 38, 
United States Code, as added by subsection (a), within the Office of 
Transparency, Engagement, Accountability, and Management under section 
7306A of such title, as added by section 102(a)(1), is done for 
organizational efficiency and economies of scale but shall not be 
construed to indicate that the Office of the Medical Inspector or the 
Medical Inspector should report to any individual or entity other than 
the Under Secretary for Health of the Department of Veterans Affairs.

SEC. 203. INCLUSION OF OFFICIALS WITHIN OFFICE OF THE UNDER SECRETARY 
              FOR HEALTH.

    Section 7306(a) of title 38, United States Code, is amended--
            (1) by redesignating paragraph (12) as paragraph (14); and
            (2) inserting after paragraph (11) the following new 
        paragraphs:
            ``(12) The Director of the Office of Transparency, 
        Engagement, Accountability, and Management under section 7306A 
        of this title.
            ``(13) The Medical Inspector, who shall be the head of the 
        Office of the Medical Inspector under section 7306B of this 
        title.''.

SEC. 204. MOBILE TEMPORARY HEALTH STAFFING PROGRAM TO ENSURE ACCESS AND 
              CONTINUITY OF CARE.

    (a) Establishment.--Not later than two years after the date of the 
enactment of this Act, the Under Secretary for Health of the Department 
of Veterans Affairs shall establish a mobile temporary staffing program 
(in this section referred to as the ``Program'') to temporarily fill 
vacancies and employee absences for certain positions within the 
Veterans Health Administration, including by combining any existing 
similar programs of the Veterans Health Administration within the 
Program.
    (b) Elements.--At a minimum, the Program shall include--
            (1) a team of individuals representing each shortage 
        occupation or high-turnover occupation within the Veterans 
        Health Administration; and
            (2) a request mechanism for facilities of the Veterans 
        Health Administration to request those individuals to be 
        temporarily assigned to fill vacancies and employee absences.
    (c) Priority Assignments.--A facility of the Veterans Health 
Administration shall obtain priority assignment for staffing of an 
occupancy type under the Program if the facility has only one position 
of that occupancy type and that position is vacant or functionally 
vacant due to the employee in question being under administrative 
investigation, detailed out of such position, or otherwise not 
performing their regular care delivery duties.
    (d) Not Permanent Positions.--An individual temporarily assigned to 
a position at a facility of the Veterans Health Administration under 
the Program--
            (1) shall not be permitted to permanently occupy the 
        position; and
            (2) shall not be permitted to fill a non-temporary 
        employment vacancy.
    (e) Reports to Congress.--
            (1) Initial report.--Not later than one year after the date 
        of the enactment of this Act, the Under Secretary for Health 
        shall submit to Congress a report detailing the plans of the 
        Under Secretary to establish the Program.
            (2) Annual report.--
                    (A) In general.--Not later than one year after the 
                establishment of the Program, and annually thereafter, 
                the Under Secretary for Health shall submit to 
                Congress--
                            (i) data on staffing under the Program, 
                        including--
                                    (I) where temporary assignments 
                                occurred under the Program and for what 
                                length of time;
                                    (II) the top three positions with 
                                respect to which temporary assignments 
                                are requested; and
                                    (III) any other data and analysis 
                                the Secretary considers appropriate;
                            (ii) an assessment of any additional 
                        incentives, including any legislative action to 
                        carry out those incentives, to incentivize 
                        employees of the Veterans Health Administration 
                        to participate in the Program; and
                            (iii) any other matters the Secretary 
                        considers appropriate.
                    (B) Combination of report with existing reports.--
                The report required under subparagraph (A) may be 
                submitted as part of another workforce-related report 
                submitted by the Department of Veterans Affairs to 
                Congress.

    TITLE III--WHISTLEBLOWER PROTECTIONS AND EMPLOYEE ACCOUNTABILITY

SEC. 301. STRENGTHENING WHISTLEBLOWER PROTECTIONS AT DEPARTMENT OF 
              VETERANS AFFAIRS.

    (a) General Counsel of Office of Accountability and Whistleblower 
Protection.--Subsection (e) of section 323 of title 38, United States 
Code, is amended to read as follows:
    ``(e) General Counsel.--(1) There is in the Office a General 
Counsel who shall be the chief legal officer of the Office and provides 
legal assistance to the Assistant Secretary concerning the programs and 
policies of the Office.
    ``(2) The Assistant Secretary shall appoint the General Counsel of 
the Office, who shall be a career appointee in the Senior Executive 
Service and shall report to the Assistant Secretary.
    ``(3) In accordance with subsection (d), the Assistant Secretary 
may hire staff for the General Counsel of the Office to provide such 
legal assistance pursuant to paragraph (1).
    ``(4) The Office shall not be established as an element of the 
Office of the General Counsel of the Department and the Assistant 
Secretary may not report to the General Counsel of the Department.''.
    (b) Modifications and Additional Functions of Office of 
Accountability and Whistleblower Protection.--Subsection (c)(1) of such 
section is amended--
            (1) in subparagraph (C), by inserting ``and allegations of 
        whistleblower retaliation'' after ``disclosures''; and
            (2) by striking subparagraphs (F) and (G), and inserting 
        the following new subparagraphs:
            ``(F) Recording, tracking, reviewing, and confirming 
        implementation of relevant accountability and disciplinary 
        recommendations from audits and investigations carried out by 
        the Inspector General of the Department, the Medical Inspector 
        of the Department, the Special Counsel, the Comptroller General 
        of the United States, and such others as the Assistant 
        Secretary considers appropriate, including the imposition of 
        disciplinary actions and other related personnel actions 
        contained in such recommendations.
            ``(G) Analyzing data available to the Office of 
        Accountability and Whistleblower Protection from internal and 
        external data sources, disaggregated by facility, region, 
        network, and area of health care, benefits, memorial services, 
        or such other services of the Department as the Assistant 
        Secretary determines relevant, and other pertinent audits and 
        investigations to identify trends relating to accountability 
        matters, whistleblower retaliation and protection, reoccurring 
        management shortcomings, and issue reports and recommendations 
        to the Secretary on these matters based on analysis conducted 
        under this subparagraph.''.
    (c) Tracking and Enforcement of Recommendations and Settlement 
Agreements Regarding Whistleblowers.--Subsection (c) of such section, 
as amended by subsection (b), is further amended--
            (1) in paragraph (1), by adding at the end the following 
        new subparagraphs:
            ``(J) Tracking the negotiation, implementation, and 
        enforcement of settlement agreements entered into by the 
        Secretary regarding claims of retaliation, including with 
        respect to the work of the General Counsel of the Department 
        regarding such settlements.
            ``(K) In conducting tracking pursuant to subparagraph (J), 
        examining factors, including volume, size of monetary value, 
        and other matters, so as to determine and identify--
                    ``(i) any underlying causes of such settlement 
                agreements relating to management, leadership, 
                accountability, prohibited personnel actions described 
                in section 731(c) of this title, and other similar 
                matters at a facility, office, or organization of the 
                Department; and
                    ``(ii) the need for corrective action.
            ``(L) Tracking determinations made by the Special Counsel 
        regarding claims of committal of a prohibited personnel action 
        described in section 731(c) of this title, including--
                    ``(i) any disciplinary action for the individual 
                who engaged in such prohibited personnel action; and
                    ``(ii) determinations regarding the need for 
                corrective action under section 1214 of title 5, as 
                identified by the Special Counsel, and any settlement 
                agreement resolving claims of whistleblower retaliation 
                entered into by the Secretary with the 
                whistleblower.''; and
            (2) by adding at the end the following new paragraph:
    ``(4)(A) In carrying out subparagraph (J) of paragraph (1), the 
Assistant Secretary shall, in consultation with the General Counsel of 
the Department, establish metrics and standards regarding--
            ``(i) the timely negotiation and implementation of 
        settlement agreements entered into by the Secretary regarding 
        retaliation; and
            ``(ii) reasonable restitution and restoration of 
        employment, and other relief for whistleblowers.
    ``(B) The Assistant Secretary shall establish a secure electronic 
system to carry out subparagraphs (J) and (K) of paragraph (1) in a 
manner that ensures the confidentiality of the identity of a 
whistleblower or a party to a settlement agreement described in either 
of such subparagraphs.''.
    (d) Training and Information.--Section 323 of such title is further 
amended--
            (1) in subsection (c)(2), by striking ``receive anonymous 
        whistleblower disclosures'' and inserting ``provide information 
        to employees of the Department regarding the rights of and 
        procedures for whistleblowers'';
            (2) by redesignating subsection (g) as subsection (h); and
            (3) by inserting after subsection (f) the following new 
        subsection (g):
    ``(g) Training.--The Assistant Secretary shall--
            ``(1) in consultation with the Special Counsel, develop 
        annual training on whistleblower protection and related issues;
            ``(2) provide and make such training available to employees 
        of the Department; and
            ``(3) disseminate training materials and information to 
        employees on whistleblower rights, whistleblower disclosures, 
        and allegations of whistleblower retaliation, including any 
        materials created pursuant to section 733 of this title.''.
    (e) Improvements to Annual Reports.--Subsection (f) of such section 
is amended--
            (1) in paragraph (1)(B)(ii), by striking ``subsection 
        (C)(1)(G)'' and inserting ``subsection (c)(1)(E)'';
            (2) by amending paragraph (2) to read as follows:
    ``(2) If the Secretary, or other relevant management or supervisory 
official as the case may be, receives a recommendation for disciplinary 
action under subsection (c)(1)(I) and does not take or initiate, or 
modifies, mitigates, or delays, the recommended disciplinary action 
before the date that is 60 days after the date on which the Secretary 
or other relevant management or supervisory official as the case may 
be, received the recommendation, not later than 60 days after such 
date, 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 detailed justification for the relevant official not 
taking, modifying, or mitigating, or delaying or initiating such 
disciplinary action.''; and
            (3) by adding at the end the following new paragraph:
    ``(3) Not later than June 30, 2024, and semiannually thereafter, 
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 settlements described in paragraph (1)(J) 
of subsection (c), including, with respect to the period covered by the 
report--
            ``(A) the number of settlements initiated, the disposition 
        of each settlement that was resolved, and the number of 
        settlements that are pending or have not been implemented;
            ``(B) the status of each such pending settlement, including 
        any progress or lack of progress toward settlement and the 
        implementation of such a settlement;
            ``(C) a description of the metrics described in paragraph 
        (4)(A) of such subsection; and
            ``(D) identification of settlement agreements that are not 
        meeting such metrics and standards, or for which there has been 
        any breach of the agreement.''.

SEC. 302. REPORT ON IMPLEMENTATION OF PROVISIONS OF LAW RELATING TO 
              ACCOUNTABILITY AND WHISTLEBLOWER PROTECTIONS AT 
              DEPARTMENT OF VETERANS AFFAIRS.

    (a) Report Required.--Not later than 270 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall submit 
to the Committee on Veterans' Affairs of the Senate and the Committee 
on Veterans' Affairs of the House of Representatives a report detailing 
the implementation of Executive Order 13793 (38 U.S.C. 301 note; 
relating to improving accountability and whistleblower protection at 
the Department of Veterans Affairs) and the provisions of, and 
amendments made by, the Department of Veterans Affairs Accountability 
and Whistleblower Protection Act of 2017 (Public Law 115-41), the 
effect of such implementation, and lessons learned--
            (1) to improve accountability and sustain accountability 
        actions;
            (2) to improve oversight;
            (3) to follow due process;
            (4) to reduce future financial expenditures and legal risk 
        due to incomplete personnel actions, insufficient documentation 
        and due diligence, and poor compliance;
            (5) to support recruitment and retention of high quality 
        employees to serve at the Department of Veterans Affairs; and
            (6) to ensure accountability actions withstands external 
        judicial or other quasi-judicial or administrative review.
    (b) Contents.--The report submitted pursuant to subsection (a) 
shall include, at a minimum, the following:
            (1) A description and a timeline of pre-planning, reasoning 
        of the policy steps made to implement, and staffing decisions 
        and selections made to carry out Executive Order 13793.
            (2) A description and a timeline of pre-planning, reasoning 
        of the policy steps made to implement, and staffing decisions 
        and selections for the Office of Accountability and 
        Whistleblower Protection to carry out the provisions of, and 
        amendments made by, the Department of Veterans Affairs 
        Accountability and Whistleblower Protection Act of 2017 (Public 
        Law 115-41).
            (3) A description of the actual implementation and staffing 
        decisions made to carry out such Executive Order and the 
        provisions of, and amendments made by, such Act and how the 
        implementation differed from what was planned.
            (4) A discussion of the legal consequences of not 
        bargaining or notifying the relevant labor organization 
        partners before implementation of section 714 of title 38, 
        United States Code.
            (5) A discussion of how and why the Department was brought 
        into legal proceedings pursuant to actions in Federal courts, 
        administrative proceedings, or quasi-judicial bodies, relating 
        to the implementation of the provisions of law and amendments 
        described in paragraph (2) and the Executive Order 13793, 
        including descriptions of--
                    (A) each legal proceeding, including the issues 
                presented; and
                    (B) the current or final status of litigation, 
                judicial review, quasi-judicial review, or 
                administrative proceeding as of the date of the report.
            (6) A detailed explanation of the staffing, policy, and 
        other decisions made that led to the challenges and 
        recommendations contained in Office of Inspector General of the 
        Department of Veterans Affairs report 18-04968-249, dated 
        October 24, 2019, and titled ``Office of Accountability and 
        Whistleblower Protection: Failures Implementing Aspects of the 
        VA Accountability and Whistleblower Protection Act of 2017'', 
        which contained 22 recommendations for corrective action.
            (7) A count of the employees terminated or otherwise 
        removed from service, including their seniority level and date 
        of removal, pursuant to authority provided by the Department of 
        Veterans Affairs Accountability and Whistleblower Protection 
        Act of 2017 (Public Law 115-41) during the period beginning on 
        June 23, 2017, and ending on the date of the enactment of this 
        Act, including which authority was utilized and which of those 
        were required to be rehired or financially made whole, or 
        received some other form of compensation or corrective action, 
        because their termination was subsequently found to be in 
        violation of a provision of law, regulation, or related 
        matters, or was so directed by judicial, quasi-judicial, or 
        other administrative order or ruling.
            (8) Information on the establishment of the Office of 
        Accountability and Whistleblower Protection pursuant to 
        Executive Order 13793 and then by the Department of Veterans 
        Affairs Accountability and Whistleblower Protection Act of 2017 
        (Public Law 115-41), including a description of the following:
                    (A) How the office was initially staffed and how 
                many of the people hired to staff the office were hired 
                using noncompetitive practices.
                    (B) How the office handled cases in the period 
                between April 27, 2017, and ending on October 31, 2019, 
                where an apparent conflict of interest existed, such as 
                in which one senior official had to carry out or direct 
                a review of another senior official or of equal rank 
                and what firewalls or other procedures were established 
                to prevent potential conflicts of interest.
                    (C) Any leaders who had multiple roles within the 
                office and in other elements of the Department 
                simultaneously and any conflicts of interest or 
                apparent conflicts of interest in those roles.
                    (D) Who was held accountable, and in what manner, 
                as a result of the failures identified in the report 
                described in paragraph (6) and thereafter, including--
                            (i) how many employees of the office were 
                        terminated, demoted, or suspended during the 
                        period beginning on April 27, 2017, and ending 
                        on October 31, 2019;
                            (ii) what authority was used for the 
                        terminations, demotions, or suspensions, 
                        described in clause (i) and the reasons for 
                        such terminations; and
                            (iii) how many employees of the office 
                        retired or resigned during the period described 
                        in clause (i).
            (9) What lessons were learned by the Department regarding 
        how to better implement accountability actions in the future to 
        avoid or reduce potential litigation, reduce financial costs 
        incurred, reduce lost accountability actions, increase 
        efficiency, and ensure sustained accountability.
            (10) The total final, or estimated final, financial cost 
        and employment outcome, such as the rehiring or compensation of 
        employees, of orders, rulings, or other actions by Federal 
        courts, administrative judges, quasi-judicial entities, or 
        final Collective Bargaining Agreement settlement or 
        renegotiation relating to the implementation of the provisions 
        of, and amendments made by, the Department of Veterans Affairs 
        Accountability and Whistleblower Protection Act of 2017 (Public 
        Law 115-41) from June 23, 2017, to the date of the report.
            (11) For each of the outcomes under paragraph (10), an 
        indication of whether the Department could have achieved the 
        same outcome, namely of holding relevant employees accountable 
        in a sustained manner, while avoiding litigation and costs 
        incurred and accountability actions rejected.
            (12) Such other matters as the Secretary considers 
        appropriate to describe lessons learned on implementing and 
        sustaining accountability actions and culture.

SEC. 303. PEER REVIEW OF INVESTIGATIONS BY OFFICE OF ACCOUNTABILITY AND 
              WHISTLEBLOWER PROTECTION OF DEPARTMENT OF VETERANS 
              AFFAIRS.

    Section 323 of title 38, United States Code, as amended by section 
301(d), is further amended--
            (1) by redesignating subsection (h) as subsection (i);
            (2) by inserting after subsection (g) the following new 
        subsection (h):
    ``(h) Peer Review.--(1) Not later than 180 days after the date of 
the enactment of the Leadership, Engagement, Accountability, and 
Development Act of 2023, the Assistant Secretary shall seek to enter 
into an arrangement with the Council of the Inspectors General on 
Integrity and Efficiency (in this subsection the `Council') to provide 
ongoing peer review in accordance with paragraph (2).
    ``(2) Pursuant to an arrangement entered into by the Assistant 
Secretary and the Council pursuant to paragraph (1), the Council shall 
arrange for the conduct of ongoing peer reviews by members of the 
Council at regular intervals, but not less frequently than once each 
year, of investigations, reports, and related matters of the Office 
selected by the Council.
    ``(3) The arrangement entered into by the Assistant Secretary and 
the Council pursuant to paragraph (1) shall ensure that there is a 
regular rotation of the members of the Council that conducts peer 
reviews pursuant to paragraph (2).
    ``(4) In developing protocols to carry out an arrangement entered 
into under paragraph (1), the Council shall exclude the Inspector 
General of the Department from carrying out any peer reviews under the 
arrangement.
    ``(5) Nothing in this subsection shall be construed to curtail or 
limit the authority of the Inspector General of the Department to 
conduct a review, investigation, or other fact finding with respect to 
the Office or any other element of the Department.''; and
            (3) in subsection (f)(1)(B)--
                    (A) by redesignating clause (v) as clause (vi); and
                    (B) by inserting after clause (iv) the following 
                new clause (v):
            ``(v) The findings of the Council of the Inspectors General 
        on Integrity and Efficiency with respect to the peer reviews 
        carried out under subsection (h) and the response of the 
        Assistant Secretary to such findings.''.

SEC. 304. REPORTS ON IMPROVEMENTS TO ADHERENCE TO RECOMMENDATIONS OF 
              OFFICE OF ACCOUNTABILITY AND WHISTLEBLOWER PROTECTION.

    (a) Report on Improvements to Adherence to Recommendations of 
Office of Accountability and Whistleblower Protection.--
            (1) Report required.--Not later than 180 days after the 
        date of the enactment of this Act, the Assistant Secretary for 
        Accountability and Whistleblower Protection 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 recommendations and actions taken by the Office of 
        Accountability and Whistleblower Protection to improve the 
        percentage of recommendations issued by the Office to elements 
        of the Department of Veterans Affairs that are adhered to by 
        such elements.
            (2) Contents.--The report submitted pursuant to paragraph 
        (1) shall include the following:
                    (A) A comprehensive review of the reasons that 
                recommendations issued by the Office to elements of the 
                Department are not taken, initiated, or significantly 
                modified by management.
                    (B) Recommendations for administrative action to 
                enable the Department to better--
                            (i) meet the goals of the Department of 
                        Veterans Affairs Accountability and 
                        Whistleblower Protection Act of 2017 (Public 
                        Law 115-41);
                            (ii) foster a culture of accountability in 
                        the Department; and
                            (iii) protect whistleblowers.
                    (C) Recommendations for such legislative action as 
                may be necessary to assist the Office in accomplishing 
                Departmental adherence to recommendations of the Office 
                and other statutory functions of the Office.
    (b) Review of Internal Challenges Relating to Proper Processing of 
Accountability Proposals.--
            (1) Review.--
                    (A) In general.--Not later than one year after the 
                date of the enactment of this Act, the Secretary of 
                Veterans Affairs shall complete a review of internal 
                challenges within the Department relating to the proper 
                preparation and processing of accountability proposals 
                within the Department.
                    (B) Focus.--The review completed under subparagraph 
                (A) shall focus, at a minimum, on--
                            (i) improving the completeness and 
                        thoroughness of proposed accountability actions 
                        and evidence for adverse actions relating to 
                        employees of the Department, at all levels and 
                        of a representative range of senior levels, so 
                        as to sustain the action as it goes through 
                        Departmental review by a Departmental deciding 
                        official, relevant internal legal counsel 
                        review, or external judicial or other external 
                        administrative or legal review, while 
                        protecting due process; and
                            (ii) improving the timeliness of the 
                        accountability process from the period of the 
                        concern being raised to formal issuance of an 
                        action, while protecting due process through a 
                        variety of efforts to include Departmental 
                        reorganization, improved policy and process 
                        guidance, improved training, and enhanced or 
                        additional information technology systems.
            (2) Report.--
                    (A) In general.--Not later than one year after the 
                date of the enactment of this Act, the Secretary shall 
                submit to Congress a report on the review completed 
                under paragraph (1).
                    (B) Contents.--The report submitted pursuant to 
                subparagraph (A) shall include the following:
                            (i) The findings of the Secretary with 
                        respect to the review completed under paragraph 
                        (1).
                            (ii) A description of the following:
                                    (I) The current average length of 
                                Departmental accountability processes.
                                    (II) Recommendations for 
                                improvements to process, human 
                                resources, legal, organizational 
                                structure, and employee training.
                                    (III) Information technology 
                                including those that move processes 
                                from paper-based to digital or 
                                electronic-based systems.
                            (iii) A timeline to achieve the 
                        improvements recommended under clause (ii)(II).
                            (iv) Recommendations for such legislative 
                        or administrative action as the Secretary 
                        considers necessary to implement the 
                        improvements recommended under clause (ii)(II).
                            (v) Such other matters as the Secretary 
                        considers appropriate.

SEC. 305. REPORT ON DEPARTMENT OF VETERANS AFFAIRS ACTIONS IN RESPONSE 
              TO PRELIMINARY OBSERVATIONS IN COMPTROLLER GENERAL OF THE 
              UNITED STATES REPORT ON DEPARTMENT WHISTLEBLOWER 
              RETALIATION.

    (a) Initial Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs 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 steps 
the Department of Veterans Affairs has taken or will take in response 
to Government Accountability Office report 23-106111 (relating to 
Department of Veterans Affairs resolution process for whistleblower 
retaliation claims).
    (b) Subsequent Reports.--Not later than 180 days after the date on 
which the Comptroller General releases a report subsequent to report 
23-106111 described in subsection (a) that pertains to the same topic 
as such report 23-106111 and relates to the Department in calendar year 
2023 or 2024, the Secretary shall submit to the committees described in 
such subsection a report on the steps the Department has taken or will 
taken in response to such newly released report.

SEC. 306. MODIFICATION TO RESPONSIBILITIES AND AUTHORITIES OF ASSISTANT 
              SECRETARY FOR ACCOUNTABILITY AND WHISTLEBLOWER 
              PROTECTION.

    (a) Movement of Responsibilities for Tracking Policy and Governance 
Recommendations From Office of Accountability and Whistleblower 
Protection to the Office of Enterprise Integration.--
            (1) In general.--The responsibilities of the Assistant 
        Secretary of Veterans Affairs assigned by the Secretary of 
        Veterans Affairs to the function specified in section 308(b)(3) 
        of title 38, United States Code, shall include the following:
                    (A) Recording, tracking, reviewing, and confirming 
                implementation of policy, governance, and all related 
                recommendations from audits and investigations carried 
                out by the Inspector General of the Department, the 
                Medical Inspector of the Department, the Special 
                Counsel, and the Comptroller General of the United 
                States, except for such portions of such policy 
                governance and recommendations as pertain to the 
                imposition of disciplinary actions and other corrective 
                actions relating to employees of the Department.
                    (B) After reviewing such recommendations and 
                confirming such implementation, providing the 
                Secretary, the Deputy Secretary, the Under Secretary 
                for Health, the Under Secretary for Benefits, the Under 
                Secretary for Memorial Affairs, each of the other 
                Assistant Secretaries appointed under section 308 of 
                title 38, United States Code, and such other officials 
                of the Department as the Secretary considers 
                appropriate with information, advice, and proposed 
                improvements for individual administration, office, and 
                Departmental correction of deficiencies and challenges 
                identified in recommendations described in subparagraph 
                (A).
            (2) Effective date.--Paragraph (1) shall take effect on the 
        date that is 270 days after the date of the enactment of this 
        Act.
    (b) Modified Discretion for Assistant Secretary To Allow Relevant 
Disciplinary Actions To Proceed.--
            (1) In general.--Paragraph (2) of section 714(e) of title 
        38, United States Code, is amended--
                    (A) in subparagraph (A), by striking ``; or'' and 
                inserting a semicolon;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(C) the Assistant Secretary otherwise finds that the 
        removal, demotion, or suspension under subsection (a) is 
        consistent with--
                    ``(i) protecting and preserving the ability of the 
                Department to deliver services to veterans and other 
                related beneficiaries under the laws administered by 
                the Secretary in an efficient and effective manner;
                    ``(ii) maintaining a safe environment for veterans, 
                employees of the Department, and visitors;
                    ``(iii) eliminating future occurrences of waste, 
                fraud, or abuse; and
                    ``(iv) ensuring a culture of accountability, 
                whistleblower protection, and due process.''.
            (2) Notice.--Such section is amended by adding at the end 
        the following new paragraph:
    ``(3) Not later than 60 days after the Assistant Secretary makes a 
finding under paragraph (2)(C) that a removal, demotion, or suspension 
is consistent, the Assistant Secretary shall submit to the Committee on 
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs 
notice of such finding along with a justification for the finding.''.

TITLE IV--IMPROVING SECURITY, OVERSIGHT, ACCOUNTABILITY, AND MANAGEMENT 
                   OF DEPARTMENT OF VETERANS AFFAIRS

SEC. 401. PLAN TO CONSOLIDATE AND CENTRALIZE SECURITY OPERATIONS OF 
              DEPARTMENT OF VETERANS AFFAIRS TO IMPROVE MANAGEMENT, 
              CLARIFY ACCOUNTABILITY, AND STRENGTHEN EFFECTIVENESS.

    (a) Plan Required.--Not later than 270 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs 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 
reorganize and consolidate all security functions of the Department of 
Veterans Affairs under a single Under Secretary or Assistant Secretary 
to--
            (1) improve security for veterans, employees of the 
        Department, and visitors to facilities of the Department;
            (2) strengthen management;
            (3) clearly define roles and responsibilities; and
            (4) strengthen accountability and effectiveness.
    (b) Security Functions.--The security functions described in 
subsection (a) shall include operational, budgetary, and hiring and 
management control for the following:
            (1) The police officers of the Department, including all 
        levels of seniority.
            (2) Department perimeter security.
            (3) Department building security, including doors, locks, 
        and common access card (CAC) access.
            (4) Cameras.
            (5) Veteran security.
            (6) Visitor security.
            (7) Unauthorized intruder security.
            (8) Coordination with relevant local, State, and Federal 
        law enforcement entities.
            (9) Coordination of Department security with physical 
        security aspects of applicable facilities managed by the 
        General Services Administration.
            (10) Security inspections or standards for privately leased 
        commercial property which the Department leases.
            (11) Construction specifications for security, security 
        system contracts, security services contracts, including for 
        guards.
            (12) Such other authorities and matters as the Secretary 
        determines necessary and appropriate.
    (c) Contents.--The plan submitted pursuant to subsection (a) shall 
include the following:
            (1)(A) A discussion of the view of the Secretary on the 
        need to recreate the Assistant Secretary for Operations, 
        Security, and Preparedness or another office or entity within a 
        part of the Department rather than have that office combined 
        with the Assistant Secretary of Human Resources and 
        Administration, which occurred as a result of the enactment of 
        the Department of Veterans Affairs Accountability and 
        Whistleblower Protection Act of 2017 (Public Law 115-41).
            (B) The Secretary shall provide the view pursuant to 
        subparagraph (A) notwithstanding the fact that section 
        308(a)(1) of title 38, United States Code, as in effect on the 
        day before the date of the enactment of this Act, limits the 
        number of authorized Assistant Secretaries.
            (2) Information on the steps taken and planned to be taken 
        to include those recommendations required pursuant to this Act 
        and the timeline to implement the open recommendations from the 
        Department of Veterans Affairs Office of Inspector General 
        report 17-01007-01 (relating to inadequate governance of the 
        Department police program at medical facilities).
            (3) Steps taken or planned to be taken to improve the 
        recruitment, retention, and equipping of all security related 
        personnel of the Department, including any legislative action 
        required to implement such changes.
            (4) The opinion of the Secretary, including with respect to 
        support or lack of support, and reasoning therein for 
        consolidating under one office and chain of command the 
        following offices and entities of the Department, which 
        currently perform some security function, including how a lack 
        of consolidation will lead to increased effectiveness, 
        efficiency, and security:
                    (A) Department of Veterans Affairs Integrated 
                Operations Center.
                    (B) Office of Security and Law Enforcement.
                    (C) Department of Veterans Affairs Police 
                Operations and Oversight.
                    (D) Infrastructure Protection, Policy.
                    (E) Office of the Chief of Police and all Regional 
                Directors of Police.
                    (F) Office of Identity, Credential and Access 
                Management.
                    (G) Access and Identity Management.
                    (H) Access Management.
                    (I) Information Technology Safety and Physical 
                Security-Business Relations.
                    (J) Facilities Planning.
                    (K) Facilities Standards Service.
                    (L) Human Resource Operations.
                    (M) National Personnel Security.
                    (N) Mission Support.
                    (O) Office of Security and Preparedness personnel 
                security and suitability functions.

SEC. 402. REPORT ON ENTERPRISE RISK MANAGEMENT EFFORTS OF DEPARTMENT OF 
              VETERANS AFFAIRS.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall submit 
to Congress a report on the enterprise risk management offices, 
strategies, and activities of the Department.
    (b) Contents.--The report submitted pursuant to subsection (a) 
shall include the following:
            (1) Where the various enterprise risk management offices 
        currently reside within the Department.
            (2) Which office and official position is the lead 
        responsible and accountable official for all enterprise risk 
        management activities of the Department and to whom the heads 
        of the offices described in paragraph (1) report.
            (3) The duties of the heads of the offices described in 
        paragraph (1).
            (4) The number of employees who conduct work relating to 
        enterprise risk management, disaggregated by authorized, 
        funded, and vacant.
            (5) Information about the various budgets to support the 
        work described in paragraph (4).
            (6) The current metrics, goals, and performance of the 
        enterprise risk management activities of the Department.
            (7) The plans of the Secretary to improve--
                    (A) the risk management activities of the 
                Department, including through following recommendations 
                of the Inspector General of the Department, the 
                Comptroller General of the United States, and other 
                such relevant privacy and public sector organizations 
                who conduct strong risk management activities;
                    (B) the management and performance of such work; 
                and
                    (C) such other matters the Secretary considers 
                relevant and appropriate to improve the enterprise risk 
                management work of the Department.
            (8) Such recommendations as the Secretary may have for 
        legislative or administrative action to support the efforts of 
        the Department relating to enterprise risk management.

SEC. 403. MODIFICATION OF REPORTING REQUIREMENT FOR SECRETARY OF 
              VETERANS AFFAIRS ANNUAL REPORT ON IMPLEMENTATION OF 
              RECOMMENDATIONS OF COMPTROLLER GENERAL OF THE UNITED 
              STATES PERTAINING TO DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Section 7008 of the Johnny Isakson and David P. 
Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 
(Public Law 116-315) is amended--
            (1) in subsection (a), by inserting ``, high risk 
        recommendations, and duplication and cost-savings 
        recommendations'' after ``priority recommendations'';
            (2) in subsection (b)--
                    (A) by striking ``open priority recommendations of 
                the Comptroller General'' each place it appears and 
                inserting ``open recommendations described in 
                subsection (a)''; and
                    (B) in paragraph (2), by striking ``open priority 
                recommendation of the Comptroller General'' and 
                inserting ``open recommendation described in subsection 
                (a)''; and
            (3) in the section heading, by striking ``priority''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by striking the item relating to section 7008 and 
inserting the following new item:

``Sec. 7008. Annual report by Secretary of Veterans Affairs on 
                            implementation of recommendations of 
                            Comptroller General of the United States 
                            pertaining to Department of Veterans 
                            Affairs.''.

SEC. 404. ANNUAL HATCH ACT TRAINING PROGRAM AT DEPARTMENT OF VETERANS 
              AFFAIRS.

    (a) In General.--Subchapter I of chapter 7 of title 38, United 
States Code, as amended by section 104, is further amended by adding at 
the end the following new section:

``SEC. 729B. ANNUAL TRAINING FOR SENIOR LEADERS ON POLITICAL 
              ACTIVITIES.

    ``(a) Required Participation in Training Program.--
            ``(1) In general.--The Secretary shall require each covered 
        employee to participate each year in the training program 
        developed pursuant to subsection (b).
            ``(2) Covered employees.--For purposes of paragraph (1), a 
        covered employee is an employee of the Department who is--
                    ``(A) a political appointee;
                    ``(B) a senior executive;
                    ``(C) a senior manager; or
                    ``(D) such other category of employee as the 
                Secretary considers appropriate.
    ``(b) Development of Training Program Required.--Not later than 180 
days after the date of the enactment of the Leadership, Engagement, 
Accountability, and Development Act of 2023, the Secretary shall, 
acting through the General Counsel of the Department and in 
coordination with the Special Counsel, complete development of a 
standardized training program for covered employees described in 
subsection (a)(2) regarding the requirements of subchapter III of 
chapter 73 of title 5 (often referred to as the `Hatch Act').
    ``(c) Compliance for Political Appointees.--The training program 
developed pursuant to subsection (b) shall cover compliance matters for 
all political appointees of the Department, regardless of level of 
seniority.
    ``(d) Updates.--Not less frequently than once every two years, the 
Secretary shall, in consultation with the Special Counsel, update the 
training program developed pursuant to subsection (b).
    ``(e) Annual Reports.--Not later than June 30 of each calendar 
year, beginning with the first June 30 that occurs more than one year 
after the date of the enactment of this Act, the Secretary shall submit 
to the Committee on Veterans' Affairs of the Senate and the Committee 
on Veterans' Affairs of the House of Representatives, in conjunction 
with each report submitted pursuant to section 323(f)(1)(A) of this 
title a report on the training program developed under subsection (b). 
Each such report such include an indication of the following:
            ``(1) The percentage of all covered employees described in 
        subsection (a)(2) that received training as part of the program 
        developed pursuant to subsection (b).
            ``(2) The actions the Secretary is taking to increase the 
        percentage indicated pursuant to paragraph (1).
    ``(f) Definition of Political Appointee.--In this section, the term 
`political appointee' has the meaning given such term in section 106(f) 
of title 49, United States Code.''.
    (b) Notice to Congress.--Not later than 90 days after the date of 
completion of the training program developed pursuant to subsection (b) 
of section 729B of such title, as added by subsection (a), and delivery 
of the first training pursuant to subsection (a) of such section, the 
Secretary of Veterans Affairs shall submit to the Committee on 
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs 
of the House of Representatives--
            (1) notice that the development of the program pursuant to 
        such subsection (b) has been completed and that the first 
        training has been delivered pursuant to such subsection (a);
            (2) the percentage of individuals compliant or not 
        compliant with the requirements of the Secretary under such 
        subsection (a); and
            (3) copies of any materials being developed for the 
        program, including training documents used in training sessions 
        conducted under such subsection (a).
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 7 of such title, as amended by section 104, is further amended 
by inserting after the item relating to section 729A the following new 
item:

``729B. Annual training for senior leaders on political activities.''.

SEC. 405. INDEPENDENT STUDY REGARDING MANAGEMENT STRUCTURES OF 
              DEPARTMENT OF VETERANS AFFAIRS.

    (a) Agreement.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        seek to enter into an agreement with the National Academy of 
        Public Administration (in this section referred to as the 
        ``National Academy'') for the National Academy to conduct the 
        study and review under subsection (b) and submit the report 
        under subsection (c).
            (2) Timing.--The Secretary shall seek to enter into the 
        agreement described in paragraph (1) by not later than 90 days 
        after the date of the enactment of this Act.
    (b) Study and Review.--
            (1) In general.--Under an agreement between the Secretary 
        and the National Academy entered into pursuant to subsection 
        (a), the National Academy shall conduct a study and review of 
        the management structures within the Department.
            (2) Requirements.--In carrying out the study and review 
        pursuant to paragraph (1), the National Academy shall--
                    (A) examine alternatives and develop 
                recommendations for improving the management of the 
                Department;
                    (B) develop recommendations relating to office 
                creation, restructuring, movement, or consolidation to 
                improve the management of the Department, including 
                with respect to performance and accountability;
                    (C) review previous management reports and 
                recommendations; and
                    (D) review best practices of other Federal agencies 
                and State governments and ascertain if such best 
                practices may be applicable to the Department.
            (3) Consultation.--In conducting the study and review 
        pursuant to paragraph (1), the National Academy shall consult 
        with the Secretary, relevant employees of the Department, and 
        such persons outside of the Department as the National Academy 
        considers appropriate and have an interest in the affairs of 
        the Department.
    (c) Report.--Not later than 540 days after the date of the 
enactment of this Act, the National Academy shall submit to the 
Committee on Veterans' Affairs of the Senate and the Committee on 
Veterans' Affairs of the House of Representatives a report that 
contains--
            (1) the findings of the National Academy with respect to 
        the study and review conducted under subsection (b), including 
        the recommendations developed under subparagraphs (A) and (B) 
        of paragraph (2) of such subsection; and
            (2) such other recommendations as the National Academy 
        believes are necessary and relevant to the study and review.
    (d) Views of the Secretary.--Not later than 90 days after the 
National Academy submits the report required by subsection (c), the 
Secretary shall submit to the committees described in such subsection 
the views of the Secretary regarding the following:
            (1) The study and review conducted under subsection (b).
            (2) The findings of the National Academy reported pursuant 
        to subsection (c)(1).
            (3) Each of the recommendations made by the National 
        Academy in the report.
            (4) The intent of the Secretary to implement such 
        recommendations.
            (5) A timeline for such implementation.
            (6) Whether implementing such recommendations would require 
        legislative action.
            (7) Not implementing the recommendations described in 
        paragraph (3) and the reason for such decision.
                                 <all>