[Congressional Record Volume 163, Number 85 (Wednesday, May 17, 2017)]
[Senate]
[Pages S3015-S3016]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORNYN (for himself, Mr. Nelson, Mr. Hatch, Mr. Cruz, and 
        Mr. Cotton):
  S. 1163. A bill to require the Secretary of Veterans Affairs to 
ensure compliance of medical facilities of the Department of Veterans 
Affairs with requirements relating to the scheduling of appointments, 
to require appointment by the President and confirmation by the Senate 
of certain

[[Page S3016]]

health care officials of the Department, and for other purposes; to the 
Committee on Veterans' Affairs.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1163

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Veterans' Health Care 
     Integrity Act of 2017''.

     SEC. 2. COMPLIANCE OF MEDICAL FACILITIES WITH REQUIREMENTS 
                   RELATING TO SCHEDULING OF APPOINTMENTS FOR 
                   HOSPITAL CARE AND MEDICAL SERVICES.

       (a) Annual Certification.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     ensure that the director of each medical facility of the 
     Department of Veterans Affairs annually certifies to the 
     Secretary that--
       (A) the medical facility is in full compliance with all 
     regulations and other provisions of law relating to 
     scheduling appointments for veterans to receive hospital care 
     or medical services, including Veterans Health Administration 
     Directive 1230 or any successor directive; and
       (B) any official data on wait times for appointments to 
     receive hospital care or medical services submitted by the 
     director to the Secretary during the year preceding the 
     submittal of the certification is true and accurate to the 
     best of the director's knowledge.
       (2) Prohibition on waiver.--The Secretary may not waive any 
     regulation or other provision of law described in paragraph 
     (1) for a medical facility of the Department if such 
     regulation or other provision of law otherwise applies to the 
     medical facility.
       (b) Explanation of Noncompliance.--If a director of a 
     medical facility of the Department does not make a 
     certification under subsection (a)(1) for any year, the 
     director shall submit to the Secretary a report containing--
       (1) an explanation of why the director is unable to make 
     such certification; and
       (2) a description of the actions the director is taking to 
     ensure full compliance with the regulations and other 
     provisions of law described in such subsection.
       (c) Prohibition on Bonuses Based on Noncompliance.--
       (1) In general.--If a director of a medical facility of the 
     Department does not make a certification under subsection 
     (a)(1) for any year, no covered official described in 
     paragraph (2) may receive an award or bonus under chapter 45 
     or 53 of title 5, United States Code, or any other award or 
     bonus authorized under such title or title 38, United States 
     Code, during the year following the year in which the 
     certification was not made.
       (2) Covered official described.--A covered official 
     described in this paragraph is each official who serves in 
     the following positions at a medical facility of the 
     Department during a year, or portion thereof, for which the 
     director does not make a certification under subsection 
     (a)(1):
       (A) The director.
       (B) The chief of staff.
       (C) The associate director.
       (D) The associate director for patient care.
       (E) The deputy chief of staff.
       (d) Annual Report.--Not less frequently than annually, 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 containing, with respect to 
     the year covered by the report--
       (1) a list of each medical facility of the Department for 
     which a certification was made under subsection (a)(1); and
       (2) a list of each medical facility of the Department for 
     which such a certification was not made, including a copy of 
     each report submitted to the Secretary under subsection (b).

     SEC. 3. UNIFORM APPLICATION OF DIRECTIVES AND POLICIES OF 
                   DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--The Secretary of Veterans Affairs shall 
     apply the directives and policies of the Department of 
     Veterans Affairs to each office or facility of the Department 
     in a uniform manner.
       (b) Notification.--If the Secretary does not uniformly 
     apply the directives and policies of the Department pursuant 
     to subsection (a), including by waiving such a directive or 
     policy with respect to an office, facility, or element of the 
     Department, the Secretary shall notify the Committee on 
     Veterans' Affairs of the Senate and the Committee on 
     Veterans' Affairs of the House of Representatives of such 
     nonuniform application, including an explanation for the 
     nonuniform application.

     SEC. 4. REQUIREMENT FOR APPOINTMENT AND CONFIRMATION OF 
                   CERTAIN OFFICIALS OF DEPARTMENT OF VETERANS 
                   AFFAIRS.

       (a) Principal Deputy Under Secretary for Health.--
     Subsection (c) of section 7306 of title 38, United States 
     Code, is amended to read as follows:
       ``(c)(1) Except as provided in paragraph (2), appointments 
     under subsection (a) shall be made by the Secretary.
       ``(2) Appointments under subsection (a)(1) shall be made by 
     the President, by and with the advice and consent of the 
     Senate.
       ``(3) In the case of appointments under paragraphs (1), 
     (2), (3), (4), and (8) of subsection (a), such appointments 
     shall be made upon the recommendation of the Under Secretary 
     for Health.''.
       (b) Other Deputy Under Secretary Positions.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Deputy Under Secretary for Health for Operations and 
     Management of the Department of Veterans Affairs, the Deputy 
     Under Secretary for Health for Policy and Services of the 
     Department, the Principal Deputy Under Secretary for Benefits 
     of the Department, the Deputy Under Secretary for Disability 
     Assistance of the Department, and the Deputy Under Secretary 
     for Field Operations of the Department shall be appointed by 
     the President, by and with the advice and consent of the 
     Senate.
       (2) Rule of construction.--Nothing in this subsection shall 
     be construed to authorize the establishment of any new 
     position within the Department of Veterans Affairs.
       (c) Application.--Subsection (b) and the amendment made by 
     subsection (a) shall apply to appointments made on and after 
     the date of the enactment of this Act.
                                 ______