[Congressional Record (Bound Edition), Volume 162 (2016), Part 5]
[House]
[Pages 6861-6863]
[From the U.S. Government Publishing Office, www.gpo.gov]




       VA HEALTH CENTER MANAGEMENT STABILITY AND IMPROVEMENT ACT

  Mr. MILLER of Florida. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 3956) to direct the Secretary of Veterans Affairs 
to develop and implement a plan to hire directors of the medical 
centers of the Department of Veterans Affairs, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3956

       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 ``VA Health Center Management 
     Stability and Improvement Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) According to data from the Department of Veterans 
     Affairs, several medical centers of the Department are 
     managed by acting or temporary directors.
       (2) Some of these medical centers have not been managed by 
     a permanent director for a long period.
       (3) Pursuant to section 317.903 of title 5, Code of Federal 
     Regulations, a member of the senior executive service who is 
     detailed to a temporary position in a department or agency of 
     the Federal Government may not serve in that position for 
     periods longer than 120-day increments, and no member of the 
     senior executive service may be detailed to an unclassified 
     position for a period longer than 240 days.
       (4) The inability of the Department of Veterans Affairs to 
     recruit qualified, permanent candidates as directors of 
     medical centers, combined with the policies described in 
     paragraph (3), leads to frequent turnover of directors at the 
     medical centers which impedes the ability of system 
     management to engage in long-term planning and other 
     functions necessary to improve service delivery to veterans.
       (5) The Secretary of Veterans Affairs should develop a 
     comprehensive plan to recruit permanent directors at each 
     medical center that lacks a permanent director.

     SEC. 3. PLAN TO HIRE DIRECTORS OF MEDICAL CENTERS OF 
                   DEPARTMENT OF VETERANS AFFAIRS.

       (a) Plan.--Not later than 120 days after the date of the 
     enactment of this Act, the Secretary of Veterans Affairs 
     shall develop and implement a plan to hire highly qualified 
     directors for each medical center of the Department of 
     Veterans Affairs that lacks a permanent director as of the 
     date of the plan. The Secretary shall prioritize the hiring 
     of such directors for the medical centers that have not had a 
     permanent director for the longest periods.
       (b) Matters Included.--The plan developed under subsection 
     (a) shall include the following:
       (1) A deadline to hire the directors of the medical centers 
     of the Department as described in such subsection.
       (2) Identification of the possible impediments to such 
     hiring.
       (3) Identification of opportunities to promote and train 
     candidates from within the Department to senior executive 
     positions in the Department, including as directors of 
     medical centers.
       (c) Submission.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     Committees on Veterans' Affairs of the House of 
     Representatives and the Senate the plan developed under 
     subsection (a).
       (d) Semiannual Reports.--Not later than 180 days after the 
     date of the enactment of this Act, and each 180-day period 
     thereafter until January 1, 2018, the Secretary shall submit 
     to the Committees on Veterans' Affairs of the House of 
     Representatives and the Senate a list of each medical center 
     of the Department that lacks a permanent director as of the 
     date of the report.

     SEC. 4. COMPLIANCE WITH SCHEDULING REQUIREMENTS.

       (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 the medical facility is in full compliance 
     with all provisions of law and regulations relating to 
     scheduling appointments for veterans to receive hospital care 
     and medical services, including pursuant to Veterans Health 
     Administration Directive 2010-027, or any successor 
     directive.
       (2) Prohibition on waiver.--The Secretary may not waive any 
     provision of the laws or regulations described in paragraph 
     (1) for a medical facility of the Department if such 
     provision 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 laws and regulations 
     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, each covered official described in 
     paragraph (2) may not 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.--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.--The Secretary shall annually submit to 
     the Committees on Veterans' Affairs of the House of 
     Representative and the Senate 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. 5. UNIFORM APPLICATION OF DIRECTIVES AND POLICIES OF 
                   DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--The Secretary of Veterans Affairs shall 
     ensure that the directives and policies of the Department of 
     Veterans Affairs apply 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 Committees on 
     Veterans' Affairs of the House of Representative and the 
     Senate of such nonuniform application, including an 
     explanation for the nonuniform application.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. Miller) and the gentlewoman from Florida (Ms. Brown) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Florida.


                             General Leave

  Mr. MILLER of Florida. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days within which to revise and extend their 
remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. MILLER of Florida. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 3956, as amended, the VA 
Health Center Management Stability and Improvement Act. H.R. 3956, as 
amended, is sponsored by my good friend, colleague, and fellow 
committee member, Congressman Bost of Illinois.
  H.R. 3956, as amended, also contains provisions from H.R. 4977, the 
VA Scheduling Accountability Act, which is sponsored by Congresswoman 
Jackie Walorski from Indiana, who is also an active Veterans' Affairs 
Committee member.
  There has been a tremendous amount of turnover among the Department 
of Veterans Affairs medical center leaders

[[Page 6862]]

in the last few years. According to the Deputy Secretary of VA Sloan 
Gibson, over half of Veterans Health Administration senior leader 
positions turned over from October 2013 to October 2015. Without 
consistent, high-quality leadership in VA medical centers, our veterans 
aren't being served as well as they could be or they should be.
  H.R. 3956, as amended, would direct VA to develop and implement a 
plan to hire a director for each VA medical center without a permanent 
director and prioritize hiring at VA medical centers that have not had 
a permanent director for the longest periods of time. Once stable 
leadership is in place, we need to ensure that they are held 
accountable.
  One of the contributing factors behind the access to care crisis that 
plagued the VA healthcare system in 2014 was the failure of VA medical 
centers to comply with VA scheduling policies. To avoid that in the 
future, H.R. 3956, as amended, would require VA to ensure that 
directives and policies apply uniformly across the entire department 
and require VA medical center directors to annually certify compliance 
with the scheduling directive or any successor directive that replaces 
it. If a facility fails to comply, leaders at that facility would be 
prohibited from receiving a bonus.
  I am grateful to both Congressman Bost and Congresswoman Walorski for 
their efforts on this legislation on behalf of our Nation's veterans.
  Mr. Speaker, I urge my colleagues to support the passage of H.R. 
3956, as amended.
  I reserve the balance of my time.
  Ms. BROWN of Florida. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of H.R. 3956, as amended. This 
bill finds that multiple VA centers are managed by acting or temporary 
directors--some of these centers have lacked a permanent director for a 
long time; there are time limits as to how long a Senior Executive 
Service employee can be placed in a temporary position--that there is 
frequent turnover of medical center directors, impeding the medical 
center's ability to engage in long-term planning and other necessary 
functions; and that the VA should develop a comprehensive plan to 
recruit permanent directors at each medical center that lacks a 
permanent director.
  This bill requires the VA to come up with a plan to fill all of the 
positions that are not currently held by a permanent director. They 
then will report back to Congress on their progress.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MILLER of Florida. Mr. Speaker, I yield 3 minutes to the 
gentleman from the 12th District of Illinois (Mr. Bost), the sponsor of 
this legislation.
  Mr. BOST. Mr. Speaker, as a marine and the father of a marine, I 
understand it takes leadership to win a battle. However, at VA medical 
centers across this country, we have seen a revolving door of temporary 
directors that has made it difficult to implement the long-term reforms 
our heroes deserve. This first came to my attention in my own backyard.
  Many southern Illinois veterans receive treatment at the VA Medical 
Center in St. Louis. This facility has struggled to find a permanent 
director since July 14, 2013. That is 34 months ago. It is a similar 
story at roughly three dozen other VA hospitals nationwide.
  Part of the problem is rooted in the fact that the Office of 
Personnel Management only allows temporary directors to serve a term of 
120 to 240 days. How are we ever going to clean up the VA if no one is 
around long enough to do it?
  That is why I introduced H.R. 3956, the VA Health Center Management 
Stability and Improvement Act. My bipartisan legislation, introduced 
with Congressman Costa, will help close the revolving door at the VA 
clinics. It requires the VA to report to Congress on any unfilled 
vacancies and identify roadblocks that may have led to the problem to 
begin with. It requires the VA to develop a plan of action for hiring 
highly qualified and permanent directors for each and every opening. It 
tells the VA to access opportunities for promoting and training high-
performing candidates from within the organization.
  The status quo is unacceptable, as it determines the quality, 
consistency, and speed of care that our veterans receive. Mr. Speaker, 
I urge my colleagues to join The American Legion, AMVETS, Disabled 
Veterans of America, and other service organizations by supporting this 
legislation.
  Ms. BROWN of Florida. Mr. Speaker, I urge passage of H.R. 3956, as 
amended.
  I yield back the balance of my time.
  Mr. MILLER of Florida. Mr. Speaker, I yield 3 minutes to the 
gentlewoman from the Second District of Indiana (Mrs. Walorski)
  Mrs. WALORSKI. I thank the chairman for all his hard work on many VA 
issues in reference to veterans.
  Mr. Speaker, I rise today in support of H.R. 3956, the VA Health 
Center Management Stability and Improvement Act. This legislation 
includes my bill, the VA Scheduling Accountability Act, which locks in 
a crucial measure of oversight over VA scheduling practices.
  Hearings held by the Veterans' Affairs Committee and investigations 
by the VA inspector general and the GAO have, unfortunately, 
substantiated many of the allegations of manipulated schedules and 
falsified wait time data at VA facilities across the country.
  VA Directive 2010-027 contains the VA's policy for appointment 
scheduling processes and procedures. It contains a checklist with 19 
different items, such as ensuring that a patient's desired appointment 
date is not altered and that the staff have appropriate training.
  Importantly, the directive requires each facility to annually certify 
its full compliance with all 19 items. However, an August 2014 VA 
Office of Inspector General report uncovered that in May of 2013, a 
senior VA official waived the certification requirement for FY 2013. 
This essentially put facilities on the honor system by allowing them to 
only self-certify. Without this crucial accountability mechanism, bad 
actors were given free rein to manipulate the wait time data and allow 
compliance with scheduling practices to deteriorate. Meanwhile, 
veterans died waiting for appointments while others faced delays in 
getting the critical care they needed. I am glad that the VA has 
reinstated the certification requirement, but I am concerned there is 
nothing stopping them from waiving it again.
  H.R. 3956, the VA Scheduling Accountability Act, requires each 
facility director to annually certify compliance with the scheduling 
directive, or any successive directive that replaces it, and, most 
importantly, prohibits any future waivers. In addition, it prohibits 
the VA from giving bonuses to directors if their facility fails to 
certify compliance, and it requires the VA to report to Congress a list 
of facilities not in compliance. This will provide more oversight of 
the VA, ensure Congress is aware on noncompliant facilities, and end 
the reckless practice of self-certification.
  Mr. Speaker, I urge my colleagues to support this commonsense bill 
and the underlying legislation.
  Mr. MILLER of Florida. Mr. Speaker, I ask my colleagues to support 
this important piece of legislation.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Florida (Mr. Miller) that the House suspend the rules 
and pass the bill, H.R. 3956, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: ``A bill to direct 
the Secretary of Veterans Affairs to develop and implement a plan to 
hire directors of the medical centers of the Department of Veterans 
Affairs, and for other purposes.''.
  A motion to reconsider was laid on the table.

[[Page 6863]]



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