[House Report 114-742]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-742
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5620) TO AMEND TITLE 38,
UNITED STATES CODE, TO PROVIDE FOR THE REMOVAL OR DEMOTION OF EMPLOYEES
OF THE DEPARTMENT OF VETERANS AFFAIRS BASED ON PERFORMANCE OR
MISCONDUCT, AND FOR OTHER PURPOSES
_______
September 12, 2016.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Collins of Georgia from the Committee on Rules, submitted the
following
R E P O R T
[To accompany H. Res. 859]
The Committee on Rules, having had under consideration
House Resolution 859, by a record vote of 7 to 3, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 5620, the
VA Accountability First and Appeals Modernization Act of 2016,
under a structured rule. The resolution provides one hour of
general debate equally divided and controlled by the chair and
ranking minority member of the Committee on Veterans' Affairs.
The resolution waives all points of order against consideration
of the bill. The resolution provides that the bill shall be
considered as read. The resolution waives all points of order
against provisions in the bill. The resolution makes in order
only those amendments printed in this report. Each such
amendment may be offered only in the order printed in this
report, may be offered only by a Member designated in this
report, shall be considered as read, shall be debatable for the
time specified in this report equally divided and controlled by
the proponent and an opponent, shall not be subject to
amendment, and shall not be subject to a demand for division of
the question in the House or in the Committee of the Whole. The
resolution waives all points of order against the amendments
printed in this report. The resolution provides one motion to
recommit with or without instructions.
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against
consideration of the bill, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 207
Motion by Ms. Foxx to report the rule. Adopted: 7-3
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Yea Ms. Slaughter..................... Nay
Mr. Cole........................................ ............ Mr. McGovern...................... Nay
Mr. Woodall..................................... Yea Mr. Hastings of Florida........... Nay
Mr. Burgess..................................... Yea Mr. Polis......................... ............
Mr. Stivers..................................... Yea
Mr. Collins..................................... Yea
Mr. Byrne....................................... Yea
Mr. Newhouse.................................... ............
Mr. Sessions, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------
SUMMARY OF THE AMENDMENTS MADE IN ORDER
1. Miller, Jeff (FL): MANAGER'S Makes technical and
conforming changes to the bill and aligns the due process
procedures for the recoupment provisions of the bill. (10
minutes)
2. Walz (MN), Titus (NV): Strikes sections 2 through 8 and
section 10. (10 minutes)
3. Takano (CA): Replaces Section 3 with a new provision
allowing the Secretary to suspend without pay any VA employee
whose performance or misconduct threatens public health or
safety, including the health and safety of veterans; and may
remove a suspended employee after such investigation and review
as the Secretary considers necessary, if the Secretary
determines removal is in the interests of public health and
safety. (10 minutes)
4. Lujan Grisham (NM): Adds Members of Congress to the
reporting requirements. (10 minutes)
5. Kuster, Ann (NH): Replaces Section 7 with S. 2921
Section 113, which contains an improved process to expedite the
removal or demotion of a member of the Senior Executive
Service. (10 minutes)
6. Kirkpatrick (AZ): Replaces Section 8 with Sections 101-
104 from S. 2921 to create the VA Office of Accountability and
Whistleblower Protection. (10 minutes)
7. Newhouse (WA): Applies the statutory requirements of the
Emergency Medical Treatment and Labor Act (EMTALA) to emergency
care furnished by the VA to enrolled veterans. Requires every
enrolled veteran who arrives at the emergency department of a
VA medical facility, and indicates an emergency condition
exists, be assessed and treated in an effort to prevent further
injury or death. (10 minutes)
8. Schweikert (AZ): Requires that the VA use distributive
ledger technology when scheduling healthcare appointments to
ensure transparency and accountability 1 year after enactment.
(10 minutes)
9. Cartwright (PA): Authorizes the Department of Veterans
Affairs to appoint a psychiatrist who completes a residency at
a Veterans Health Administration (VHA) facility to a VHA health
care position immediately after such residency, without regard
to civil service or classification laws, if the psychiatrist
meets the qualifications established in regulations prescribed
for the position, and the position has been unfilled for at
least 35 days. (10 minutes)
10. Frankel (FL): Provides the sense of the Congress
honoring American veterans disabled for life and encouraging
Americans to do so each years. (10 minutes)
11. Gallego (AZ): Establishes positions of Directors of
Veterans Integrated Service Networks (VISN) in the VA's Office
of Undersecretary for Health. (10 minutes)
12. Keating (MA), Rothfus (PA): Directs healthcare
providers with VA affiliation to take continuing education
courses specific to pain management, opioids, and substance
abuse. (10 minutes)
13. Lowenthal (CA): Requires the Secretary of Veterans
Affairs or a designee to review covered whistleblower
complaints quarterly. (10 minutes)
14. Lujan (NM): Directs the VA to produce a report on the
number of part-time active duty military physicians in VA
health facilities, the hiring process for part-time active duty
military physicians, the hiring process for part-time civilian
physicians in, and the steps the VA is taking to recruit active
duty military physicians for part-time employment in VA health
facilities. (10 minutes)
15. Maloney, Sean (NY): Extends the Department of Veterans
Affairs authority for the performance of medical disability
evaluations by contract physicians by one year. (10 minutes)
16. O'Rourke (TX), Stefanik (NY): Provides the VA with the
authority to offer physicians conditional job offers two years
earlier and increases the VA's recruiting outreach efforts to
academic affiliate institutions. (10 minutes)
17. O'Rourke (TX): Provides the VA with the authority to
share a patient's electronic health record with VA community-
based providers, while maintaining HIPPA protections. (10
minutes)
18. O'Rourke (TX): Directs the Secretary of Veterans
Affairs to conduct annual surveys of veterans on experiences
obtaining hospital care and medical services from medical
facilities of the Department of Veterans Affairs. (10 minutes)
19. Walz (MN): Enables any person who is entitled to
retired pay for nonregular (reserve) service or who, but for
age, would be so entitled to be honored as a veteran. A person
shall not be entitled to any benefit by reason of such
recognition. (10 minutes)
20. Walz (MN): Allows the Secretary of the VA to furnish
rehabilitative equipment to Veterans entitled to prosthetic
appliances, and modify non-rehabilitative equipment owned by
the Veteran to meet that purpose, if the Veteran elects.
Rehabilitative equipment includes recreational sports equipment
that provides an adaption or accommodation for the Veteran. (10
minutes)
21. Duffy (WI): Allows the VA to also use hearing aid
specialists, who are more available, and are qualified to fit,
program, adjust, and repair hearing aids. (10 minutes)
22. Lance (NJ): Inserts the legislative text of H.R. 658
which requires a V.A. Regional Office carry out claim
adjudication within 125 days with 98% accuracy. Regional
Offices must submit a three step report every time it fails to
meet its 125 day goal with explanation, reasoning and solutions
for improvement. It will also contain a description of
additional resources necessary for the office to reach its
goals, from staffing to policy changes, and an action plan to
enable the office to meet its goal. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Miller of Florida or
His Designee, Debatable for 10 Minutes
Page 4, beginning on line 16, strike ``under section 7701 of
title 5''.
Page 11, strike lines 11 through 14 and insert the following:
``(B) before such order is made, the individual is
afforded--
``(i) notice of the order and an opportunity
to respond to the order; and
``(ii) an opportunity to appeal the order to
another department or agency of the Federal
Government.''.
Page 14, strike lines 20 through 23 and insert the following:
``(2) before such repayment, the employee is
afforded--
``(A) notice of the order and an opportunity
to respond to the order; and
``(B) an opportunity to appeal the order to
another department or agency of the Federal
Government.''.
Page 20, line 8, insert ``consistent with paragraph (3),''
before ``may''.
Page 20, after line 11, insert the following:
``(3) An appeal of a personnel action pursuant to paragraph
(2)(A) must be filed with the Senior Executive Disciplinary
Appeals Board not later than the date that is seven days after
the date of such action. If such appeal is not made within the
seven-day period, the personnel action shall be final and not
subject to further appeal.''.
Page 29, strike lines 13 through 18 and insert the following:
``(2)(A) Except as provided by subparagraph (B), with respect
to a supervisory employee subject to an adverse action under
this section who is--
``(i) an individual as that term is defined in section
715(i)(1) of this title, the procedures under subsections (d)
and (e) of section 715 of this title shall apply; and
``(ii) an individual as that term is defined in section
713(g)(1) of this title, the procedures under section 713(d) of
this title shall apply.''.
Page 29, line 21, strike ``five days'' and insert ``ten
days''.
Page 30, line 2, strike ``five-day'' and insert ``ten-day''.
Page 33, line 17, strike ``except that'' and all that follows
through the period on line 21 and insert ``except that--''
(I) any such department or
agency shall issue a final
decision with respect to such
appeal not later than the date
that is 30 days after the date
the department or agency
received such appeal; and
(II) if such a final decision
is not made by the applicable
department or agency within 30
days after receiving such
appeal, the order of the
Secretary shall be final and
not subject to further appeal.
Page 34, line 19, strike ``7742'' and insert ``7332''.
----------
2. An Amendment To Be Offered by Representative Walz of Minnesota or
His Designee, Debatable for 10 Minutes
Page 1, line 5, strike ``VA Accountability First and''.
Page 2, beginning line 3, strike sections 2 through 8.
Page 53, beginning line 14, strike section 10.
----------
3. An Amendment To Be Offered By Representative Takano of California or
His Designee, Debatable for 10 Minutes
Strike section 3 and insert the following:
SEC. 3. SUSPENSION AND REMOVAL OF DEPARTMENT OF VETERANS AFFAIRS
EMPLOYEES FOR PERFORMANCE OR MISCONDUCT THAT IS A
THREAT TO PUBLIC HEALTH OR SAFETY.
(a) In General.--Chapter 7 of title 38, United States Code,
is amended by adding after section 713 the following new
section:
``Sec. 715. Employees: suspension and removal for performance or
misconduct that is a threat to public health or
safety
``(a) Suspension and Removal.--Subject to subsections (b) and
(c), the Secretary may--
``(1) suspend without pay an employee of the
Department of Veterans Affairs if the Secretary
determines the performance or misconduct of the
employee is a threat to public health or safety,
including the health and safety of veterans; and
``(2) remove an employee suspended under paragraph
(1) when, after such investigation and review as the
Secretary considers necessary, the Secretary determines
that removal is necessary in the interests of public
health or safety.
``(b) Procedure.--An employee suspended under subsection
(a)(1) is entitled, after suspension and before removal, to--
``(1) within 30 days after suspension, a written
statement of the specific charges against the employee,
which may be amended within 30 days thereafter;
``(2) an opportunity within 30 days thereafter, plus
an additional 30 days if the charges are amended, to
answer the charges and submit affidavits;
``(3) a hearing, at the request of the employee, by a
Department authority duly constituted for this purpose;
``(4) a review of the case by the Secretary, before a
decision adverse to the employee is made final; and
``(5) written statement of the decision of the
Secretary.
``(c) Relation to Other Disciplinary Rules.--The authority
provided under this section shall be in addition to the
authority provided under section 713 and title 5 with respect
to disciplinary actions for performance or misconduct.
``(d) Back Pay for Whistleblowers.--If any employee of the
Department of Veterans Affairs is subject to a suspension or
removal under this section and such suspension or removal is
determined by an appropriate authority under applicable law,
rule, regulation, or collective bargaining agreement to be a
prohibited personnel practice described under section
2302(b)(8) or (9) of title 5, such employee shall receive back
pay equal to the total amount of basic pay that such employee
would have received during the period that the suspension and
removal (as the case may be) was in effect, less any amounts
earned by the employee through other employment during that
period.
``(e) Definitions.--In this section, the term `employee'
means any individual occupying a position within the Department
of Veterans Affairs under a permanent or indefinite appointment
and who is not serving a probationary or trial period.''.
(b) Clerical and Conforming Amendments.--
(1) Clerical.--The table of sections at the beginning
of such chapter is amended by adding after the item
relating to section 713 the following new item:
``715. Employees: suspension and removal for performance or misconduct
that is a threat to public health or safety.''.
(2) Conforming.--Section 4303(f) of title 5, United
States Code, is amended--
(A) by striking ``or'' at the end of
paragraph (2);
(B) by striking the period at the end of
paragraph (3) and inserting ``, or''; and
(C) by adding at the end the following:
``(4) any suspension or removal under section 715 of
title 38.''.
(c) Report on Suspensions and Removals.--Not later than one
year after the date of the enactment of this Act, the Inspector
General of the Department of Veterans Affairs shall submit to
the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report on suspensions and
removals of employees of the Department made under section 715
of title 38, United States Code, as added by subsection (a).
Such report shall include, with respect to the period covered
by the report, the following:
(1) The number of employees who were suspended under
such section.
(2) The number of employees who were removed under
such section.
(3) A description of the threats to public health or
safety that caused such suspensions and removals.
(4) The number of such suspensions or removals, or
proposed suspensions or removals, that were of
employees who filed a complaint regarding--
(A) an alleged prohibited personnel practice
committed by an officer or employee of the
Department and described in section 2302(b)(8)
or 2302(b)(9)(A)(i), (B), (C), or (D) of title
5, United States Code; or
(B) the safety of a patient at a medical
facility of the Department.
(5) Of the number of suspensions and removals listed
under paragraph (4), the number that the Inspector
General considers to be retaliation for whistleblowing.
(6) The number of such suspensions or removals that
were of an employee who was the subject of a complaint
made to the Department regarding the health or safety
of a patient at a medical facility of the Department.
(7) Any recommendations by the Inspector General,
based on the information described in paragraphs (1)
through (6), to improve the authority to make such
suspensions and removals.
----------
4. An Amendment To Be Offered by Representative Lujan Grisham of New
Mexico or Her Designee, Debatable for 10 Minutes
Page 4, line 2, after ``Representatives'' insert the
following: ``and to each Member of Congress representing a
district in the State or territory where the facility where the
individual was employed immediately before being removed or
demoted is located''.
Page 5, line 22, after ``Representatives'' insert the
following: ``and to each Member of Congress representing a
district in the State or territory where the facility where the
individual was employed immediately before being removed or
demoted is located''.
Page 25, line 17, strike ``to the supervisor of the director
or official.'' and insert ``to--''
``(A) the supervisor of the director or official;
``(B) the Committees on Veterans' Affairs of the
Senate and House or Representatives; and
``(C) each Member of Congress representing a district
in the State or territory where the facility where the
supervisor is employed is located.''.
Page 36, line 5, after ``Senate'' insert the following: ``and
each Member of Congress representing a district in the State or
territory where a facility relevant to the whistleblower
complaint is located''.
----------
5. An Amendment To Be Offered by Representative Kuster of New Hampshire
or Her Designee, Debatable for 10 Minutes
Strike section 7 and insert the following:
SEC. 7. IMPROVED AUTHORITIES OF SECRETARY OF VETERANS AFFAIRS TO
IMPROVE ACCOUNTABILITY OF SENIOR EXECUTIVES.
(a) Accountability of Senior Executives.--
(1) In general.--Section 713 of title 38, United
States Code, is amended to read as follows:
``Sec. 713. Accountability of senior executives
``(a) Authority.--(1) The Secretary may, as provided in this
section, reprimand or suspend, involuntarily reassign, demote,
or remove a covered individual from a senior executive position
at the Department if the Secretary determines that the
misconduct or performance of the covered individual warrants
such action.
``(2) If the Secretary so removes such an individual, the
Secretary may remove the individual from the civil service (as
defined in section 2101 of title 5).
``(b) Rights and Procedures.--(1) A covered individual who is
the subject of an action under subsection (a) is entitled to--
``(A) be represented by an attorney or other
representative of the covered individual's choice;
``(B) not fewer than 10 business days advance written
notice of the charges and evidence supporting the
action and an opportunity to respond, in a manner
prescribed by the Secretary, before a decision is made
regarding the action; and
``(C) grieve the action in accordance with an
internal grievance process that the Secretary, in
consultation with the Assistant Secretary for
Accountability and Whistleblower Protection, shall
establish for purposes of this subsection.
``(2)(A) The Secretary shall ensure that the grievance
process established under paragraph (1)(C) takes fewer than 21
days.
``(B) The Secretary shall ensure that, under the process
established pursuant to paragraph (1)(C), grievances are
reviewed only by employees of the Department.
``(3) A decision or grievance decision under paragraph (1)(C)
shall be final and conclusive.
``(4) A covered individual adversely affected by a final
decision under paragraph (1)(C) may obtain judicial review of
the decision.
``(5) In any case in which judicial review is sought under
paragraph (4), the court shall review the record and may set
aside any Department action found to be--
``(A) arbitrary, capricious, an abuse of discretion,
or otherwise not in accordance with a provision of law;
``(B) obtained without procedures required by a
provision of law having been followed; or
``(C) unsupported by substantial evidence.
``(c) Relation to Other Provisions of Law.--(1) The authority
provided by subsection (a) is in addition to the authority
provided by section 3592 or subchapter V of chapter 75 of title
5.
``(2) Section 3592(b)(1) of title 5 and the procedures under
section 7543(b) of such title do not apply to an action under
subsection (a).
``(d) Definitions.--In this section:
``(1) The term `covered individual' means--
``(A) a career appointee (as that term is
defined in section 3132(a)(4) of title 5); or
``(B) any individual who occupies an
administrative or executive position and who
was appointed under section 7306(a) or section
7401(1) of this title.
``(2) The term `misconduct' includes neglect of duty,
malfeasance, or failure to accept a directed
reassignment or to accompany a position in a transfer
of function.
``(3) The term `senior executive position' means--
``(A) with respect to a career appointee (as
that term is defined in section 3132(a) of
title 5), a Senior Executive Service position
(as such term is defined in such section); and
``(B) with respect to a covered individual
appointed under section 7306(a) or section
7401(1) of this title, an administrative or
executive position.''.
(2) Conforming amendment.--Section 7461(c)(1) of such
title is amended by inserting ``employees in senior
executive positions (as defined in section 713(d) of
this title) and'' before ``interns''.
(b) Performance Management.--
(1) In general.--The Secretary of Veterans Affairs
shall establish a performance management system for
employees in senior executive positions, as defined in
section 713(d) of title 38, United States Code, as
amended by subsection (a), that ensures performance
ratings and awards given to such employees--
(A) meaningfully differentiate extraordinary
from satisfactory contributions; and
(B) substantively reflect organizational
achievements over which the employee has
responsibility and control.
(2) Regulations.--The Secretary shall prescribe
regulations to carry out paragraph (1).
----------
6. An Amendment To Be Offered by Representative Kirkpatrick of Arizona
or Her Designee, Debatable for 10 Minutes
Strike section 8 and insert the following:
SEC. 8. OFFICE OF ACCOUNTABILITY AND WHISTLEBLOWER PROTECTION.
(a) In General.--Chapter 3 of title 38, United States Code,
is amended by adding at the end the following new section:
``Sec. 323. Office of Accountability and Whistleblower Protection
``(a) Establishment.--There is established in the Department
an office to be known as the Office of Accountability and
Whistleblower Protection (in this section referred to as the
`Office').
``(b) Head of Office.--(1) The head of the Office shall be
responsible for the functions of the Office and shall be
appointed by the President pursuant to section 308(a) of this
title.
``(2) The head of the Office shall be known as the `Assistant
Secretary for Accountability and Whistleblower Protection'.
``(3) The Assistant Secretary shall report directly to the
Secretary on all matters relating to the Office.
``(4) Notwithstanding section 308(b) of this title, the
Secretary may only assign to the Assistant Secretary
responsibilities relating to the functions of the Office set
forth in subsection (c).
``(c) Functions.--(1) The functions of the Office are as
follows:
``(A) Advising the Secretary on all matters of the
Department relating to accountability, including
accountability of employees of the Department,
retaliation against whistleblowers, and such matters as
the Secretary considers similar and affect public trust
in the Department.
``(B) Issuing reports and providing recommendations
related to the duties described in subparagraph (A).
``(C) Receiving whistleblower disclosures.
``(D) Referring whistleblower disclosures received
under subparagraph (C) for investigation to the Office
of the Medical Inspector, the Office of Inspector
General, or other investigative entity, as appropriate,
if the Assistant Secretary has reason to believe the
whistleblower disclosure is evidence of a violation of
a provision of law, mismanagement, gross waste of
funds, abuse of authority, or a substantial and
specific danger to public health and safety.
``(E) Receiving and referring disclosures from the
Special Counsel for investigation to the Medical
Inspector of the Department, the Inspector General of
the Department, or such other person with investigatory
authority, as the Assistant Secretary considers
appropriate.
``(F) Recording, tracking, reviewing, and confirming
implementation of 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, including the imposition
of disciplinary actions and other corrective actions
contained in such recommendations.
``(G) Analyzing data from the Office and the Office
of Inspector General telephone hotlines, other
whistleblower disclosures, disaggregated by facility
and area of health care if appropriate, and relevant
audits and investigations to identify trends and issue
reports to the Secretary based on analysis conducted
under this subparagraph.
``(H) Receiving, reviewing, and investigating
allegations of misconduct, retaliation, or poor
performance involving--
``(i) an individual in a senior executive
position (as defined in section 713(d) of this
title) in the Department;
``(ii) an individual employed in a
confidential, policy-making, policy-
determining, or policy-advocating position in
the Department; or
``(iii) a supervisory employee, if the
allegation involves retaliation against an
employee for making a whistleblower disclosure.
``(I) Making such recommendations to the Secretary
for disciplinary action as the Assistant Secretary
considers appropriate after substantiating any
allegation of misconduct or poor performance pursuant
to an investigation carried out as described in
subparagraph (F) or (H).
``(2) In carrying out the functions of the Office, the
Assistant Secretary shall ensure that the Office maintains a
toll-free telephone number and Internet website to receive
anonymous whistleblower disclosures.
``(3) In any case in which the Assistant Secretary receives a
whistleblower disclosure from an employee of the Department
under paragraph (1)(C), the Assistant Secretary may not
disclose the identity of the employee without the consent of
the employee, except in accordance with the provisions of
section 552a of title 5, or as required by any other applicable
provision of Federal law.
``(d) Staff and Resources.--The Secretary shall ensure that
the Assistant Secretary has such staff, resources, and access
to information as may be necessary to carry out the functions
of the Office.
``(e) Relation to Office of General Counsel.--The Office
shall not be established as an element of the Office of the
General Counsel and the Assistant Secretary may not report to
the General Counsel.
``(f) Reports.--(1)(A) Not later than June 30 of each
calendar year, beginning with June 30, 2017, the Assistant
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 the activities of the Office
during the calendar year in which the report is submitted.
``(B) Each report submitted under subparagraph (A) shall
include, for the period covered by the report, the following:
``(i) A full and substantive analysis of the
activities of the Office, including such statistical
information as the Assistant Secretary considers
appropriate.
``(ii) Identification of any issues reported to the
Secretary under subsection (c)(1)(G), including such
data as the Assistant Secretary considers relevant to
such issues and any trends the Assistant Secretary may
have identified with respect to such issues.
``(iii) Identification of such concerns as the
Assistant Secretary may have regarding the size,
staffing, and resources of the Office and such
recommendations as the Assistant Secretary may have for
legislative or administrative action to address such
concerns.
``(iv) Such recommendations as the Assistant
Secretary may have for legislative or administrative
action to improve--
``(I) the process by which concerns are
reported to the Office; and
``(II) the protection of whistleblowers
within the Department.
``(v) Such other matters as the Assistant Secretary
considers appropriate regarding the functions of the
Office or other matters relating to the Office.
``(2) If the Secretary receives a recommendation for
disciplinary action under subsection (c)(1)(I) and does not
take or initiate the recommended disciplinary action before the
date that is 60 days after the date on which the Secretary
received the recommendation, 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 not taking or initiating such disciplinary
action.
``(g) Definitions.--In this section:
``(1) The term `supervisory employee' means an
employee of the Department who is a supervisor as
defined in section 7103(a) of title 5.
``(2) The term `whistleblower' means one who makes a
whistleblower disclosure.
``(3) The term `whistleblower disclosure' means any
disclosure of information by an employee of the
Department or individual applying to become an employee
of the Department which the employee or individual
reasonably believes evidences--
``(A) a violation of a provision of law; or
``(B) gross mismanagement, a gross waste of
funds, an abuse of authority, or a substantial
and specific danger to public health or
safety.''.
(b) Conforming Amendment.--Section 308(b) of such title is
amended by adding at the end the following new paragraph:
``(12) The functions set forth in section 323(c) of
this title.''.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 3 of such title is amended by adding at
the end the following new item:
``323. Office of Accountability and Whistleblower Protection.''.
SEC. 9. PROTECTION OF WHISTLEBLOWERS IN DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Chapter 7 of title 38, United States Code,
is further amended by adding at the end the following new
sections:
``Sec. 725. Protection of whistleblowers as criteria in evaluation of
supervisors
``(a) Development and Use of Criteria Required.--The
Secretary, in consultation with the Assistant Secretary of
Accountability and Whistleblower Protection, shall develop
criteria that--
``(1) the Secretary shall use as a critical element
in any evaluation of the performance of a supervisory
employee; and
``(2) promotes the protection of whistleblowers.
``(b) Principles for Protection of Whistleblowers.--The
criteria required by subsection (a) shall include principles
for the protection of whistleblowers, such as the degree to
which supervisory employees respond constructively when
employees of the Department report concerns, take responsible
action to resolve such concerns, and foster an environment in
which employees of the Department feel comfortable reporting
concerns to supervisory employees or to the appropriate
authorities.
``(c) Supervisory Employee and Whistleblower Defined.--In
this section, the terms `supervisory employee' and
`whistleblower' have the meanings given such terms in section
323 of this title.
``Sec. 727. Training regarding whistleblower disclosures
``(a) Training.--Not less frequently than once every two
years, the Secretary, in coordination with the Whistleblower
Protection Ombudsman designated under section 3(d)(1)(C) of the
Inspector General Act of 1978 (5 U.S.C. App.), shall provide to
each employee of the Department training regarding
whistleblower disclosures, including--
``(1) an explanation of each method established by
law in which an employee may file a whistleblower
disclosure;
``(2) the right of the employee to petition Congress
regarding a whistleblower disclosure in accordance with
section 7211 of title 5;
``(3) an explanation that the employee may not be
prosecuted or reprised against for disclosing
information to Congress, the Inspector General, or
another investigatory agency in instances where such
disclosure is permitted by law, including under
sections 5701, 5705, and 7732 of this title, under
section 552a of title 5 (commonly referred to as the
Privacy Act), under chapter 93 of title 18, and
pursuant to regulations promulgated under section
264(c) of the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191);
``(4) an explanation of the language that is required
to be included in all nondisclosure policies, forms,
and agreements pursuant to section 115(a)(1) of the
Whistleblower Protection Enhancement Act of 2012 (5
U.S.C. 2302 note); and
``(5) the right of contractors to be protected from
reprisal for the disclosure of certain information
under section 4705 or 4712 of title 41.
``(b) Manner Training Is Provided.--The Secretary shall
ensure, to the maximum extent practicable, that training
provided under subsection (a) is provided in person.
``(c) Certification.--Not less frequently than once every two
years, the Secretary shall provide training on merit system
protection in a manner that the Special Counsel certifies as
being satisfactory.
``(d) Publication.--The Secretary shall publish on the
Internet website of the Department, and display prominently at
each facility of the Department, the rights of an employee to
make a whistleblower disclosure, including the information
described in paragraphs (1) through (5) of subsection (a).
``(e) Whistleblower Disclosure Defined.--In this section, the
term `whistleblower disclosure' has the meaning given such term
in section 323 of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is further amended by adding at the
end the following new items:
``725. Protection of whistleblowers as criteria in evaluation of
supervisors.
``727. Training regarding whistleblower disclosures.''.
SEC. 10. TREATMENT OF CONGRESSIONAL TESTIMONY BY DEPARTMENT OF VETERANS
AFFAIRS EMPLOYEES AS OFFICIAL DUTY.
(a) In General.--Chapter 7 of title 38, United States Code,
is further amended by adding at the end the following new
section:
``Sec. 729. Congressional testimony by employees: treatment as official
duty
``(a) Congressional Testimony.--An employee of the Department
is performing official duty during the period with respect to
which the employee is testifying in an official capacity in
front of either chamber of Congress, a committee of either
chamber of Congress, or a joint or select committee of
Congress.
``(b) Travel Expenses.--The Secretary shall provide travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, to any employee of the Department of
Veterans Affairs performing official duty described under
subsection (a).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter, as amended by section 102, is
further amended by inserting after the item relating to section
721 the following new item:
``Sec. 729. Congressional testimony by employees: treatment as official
duty.''.
SEC. 11. REPORT ON METHODS USED TO INVESTIGATE EMPLOYEES OF DEPARTMENT
OF VETERANS AFFAIRS.
(a) Report Required.--Not later than 540 days after the date
of the enactment of this Act, the Assistant Secretary for
Accountability and Whistleblower Protection shall submit to the
Secretary, the Committee on Veterans' Affairs of the Senate,
and the Committee on Veterans' Affairs of the House of
Representatives a report on methods used to investigate
employees of the Department of Veterans Affairs and whether
such methods are used to retaliate against whistleblowers.
(b) Contents.--The report required by subsection (a) shall
include the following:
(1) An assessment of the use of administrative
investigation boards, peer review, searches of medical
records, and other methods for investigating employees
of the Department.
(2) A determination of whether and to what degree the
methods described in paragraph (1) are being used to
retaliate against whistleblowers.
(3) Recommendations for legislative or administrative
action to implement safeguards to prevent the
retaliation described in paragraph (2).
(c) Whistleblower Defined.--In this section, the term
``whistleblower'' has the meaning given such term in section
323 of title 38, United States Code, as added by section 8.
----------
7. An Amendment To Be Offered by Representative Newhouse of Washington
or His Designee, Debatable for 10 Minutes
Add at the end the following new section:
SEC. 11. CLARIFICATION OF EMERGENCY HOSPITAL CARE FURNISHED BY THE
SECRETARY OF VETERANS AFFAIRS TO CERTAIN VETERANS.
(a) In General.--Chapter 17 of title 38, United States Code,
is amended by inserting after section 1730A the following new
section:
``Sec. 1730B. Examination and treatment for emergency medical
conditions and women in labor
``(a) Medical Screening Examinations.--In carrying out this
chapter, if any enrolled veteran requests, or a request is made
on behalf of the veteran, for examination or treatment for a
medical condition, regardless of whether such condition is
service-connected, at a hospital emergency department of a
medical facility of the Department, the Secretary shall ensure
that the veteran is provided an appropriate medical screening
examination within the capability of the emergency department,
including ancillary services routinely available to the
emergency department, to determine whether an emergency medical
condition exists.
``(b) Necessary Stabilizing Treatment for Emergency Medical
Conditions and Labor.--(1) If an enrolled veteran comes to a
medical facility of the Department and the Secretary determines
that the veteran has an emergency medical condition, the
Secretary shall provide either--
``(A) such further medical examination and such
treatment as may be required to stabilize the medical
condition; or
``(B) for the transfer of the veteran to another
medical facility of the Department or a non-Department
facility in accordance with subsection (c).
``(2) The Secretary is deemed to meet the requirement of
paragraph (1)(A) with respect to an enrolled veteran if the
Secretary offers the veteran the further medical examination
and treatment described in such paragraph and informs the
veteran (or an individual acting on behalf of the veteran) of
the risks and benefits to the veteran of such examination and
treatment, but the veteran (or individual) refuses to consent
to the examination and treatment. The Secretary shall take all
reasonable steps to secure the written informed consent of such
veteran (or individual) to refuse such examination and
treatment.
``(3) The Secretary is deemed to meet the requirement of
paragraph (1) with respect to an enrolled veteran if the
Secretary offers to transfer the individual to another medical
facility in accordance with subsection (c) of this section and
informs the veteran (or an individual acting on behalf of the
veteran) of the risks and benefits to the veteran of such
transfer, but the veteran (or individual) refuses to consent to
the transfer. The hospital shall take all reasonable steps to
secure the written informed consent of such veteran (or
individual) to refuse such transfer.
``(c) Restriction of Transfers Until Veteran Stabilized.--(1)
If an enrolled veteran at a medical facility of the Department
has an emergency medical condition that has not been
stabilized, the Secretary may not transfer the veteran to
another medical facility of the Department or a non-Department
facility unless--
``(A)(i) the veteran (or a legally responsible
individual acting on behalf of the veteran), after
being informed of the obligation of the Secretary under
this section and of the risk of transfer, requests in
writing a transfer to another medical facility;
``(ii) a physician has signed a certification
(including a summary of the risks and benefits) that,
based upon the information available at the time of
transfer, the medical benefits reasonably expected from
the provision of appropriate medical treatment at
another medical facility outweigh the increased risks
to the veteran and, in the case of labor, to the unborn
child from effecting the transfer; or
``(iii) if a physician is not physically present in
the emergency department at the time a veteran is
transferred, a qualified medical person (as defined by
the Secretary in regulations) has signed a
certification described in clause (ii) after a
physician, in consultation with the person, has made
the determination described in such clause, and
subsequently countersigns the certification; and
``(B) the transfer is an appropriate transfer as
described in paragraph (2).
``(2) An appropriate transfer to a medical facility is a
transfer--
``(A) in which the transferring medical facility
provides the medical treatment within the capacity of
the facility that minimizes the risks to the health of
the enrolled veteran and, in the case of a woman in
labor, the health of the unborn child;
``(B) in which the receiving facility--
``(i) has available space and qualified
personnel for the treatment of the veteran; and
``(ii) has agreed to accept transfer of the
veteran and to provide appropriate medical
treatment;
``(C) in which the transferring facility sends to the
receiving facility all medical records (or copies
thereof), related to the emergency condition for which
the veteran has presented, available at the time of the
transfer, including records related to the emergency
medical condition of the veteran, observations of signs
or symptoms, preliminary diagnosis, treatment provided,
results of any tests and the informed written consent
or certification (or copy thereof) provided under
paragraph (1)(A), and the name and address of any on-
call physician (described in subsection (d)(1)(C) of
this section) who has refused or failed to appear
within a reasonable time to provide necessary
stabilizing treatment;
``(D) in which the transfer is effected through
qualified personnel and transportation equipment, as
required including the use of necessary and medically
appropriate life support measures during the transfer;
and
``(E) that meets such other requirements as the
Secretary may find necessary in the interest of the
health and safety of veterans transferred.
``(d) Charges.--(1) Nothing in this section may be construed
to affect any charges that the Secretary may collect from a
veteran or third party.
``(2) The Secretary shall treat any care provided by a non-
Department facility pursuant to this section as care otherwise
provided by a non-Department facility pursuant to this chapter
for purposes of paying such non-Department facility for such
care.
``(e) Nondiscrimination.--A medical facility of the
Department or a non-Department facility, as the case may be,
that has specialized capabilities or facilities (such as burn
units, shock-trauma units, neonatal intensive care units, or
(with respect to rural areas) regional referral centers as
identified by the Secretary in regulation) shall not refuse to
accept an appropriate transfer of an enrolled veteran who
requires such specialized capabilities or facilities if the
facility has the capacity to treat the veteran.
``(f) No Delay in Examination or Treatment.--A medical
facility of the Department or a non-Department facility, as the
case may be, may not delay provision of an appropriate medical
screening examination required under subsection (a) or further
medical examination and treatment required under subsection (b)
of this section in order to inquire about the method of payment
or insurance status of an enrolled veteran.
``(g) Whistleblower Protections.--The Secretary may not take
adverse action against an employee of the Department because
the employee refuses to authorize the transfer of an enrolled
veteran with an emergency medical condition that has not been
stabilized or because the employee reports a violation of a
requirement of this section.
``(h) Definitions.--In this section:
``(1) The term `emergency medical condition' means--
``(A) a medical condition manifesting itself
by acute symptoms of sufficient severity
(including severe pain) such that the absence
of immediate medical attention could reasonably
be expected to result in--
``(i) placing the health of the
enrolled veteran (or, with respect to
an enrolled veteran who is a pregnant
woman, the health of the woman or her
unborn child) in serious jeopardy;
``(ii) serious impairment to bodily
functions; or
``(iii) serious dysfunction of any
bodily organ or part; or
``(B) with respect to an enrolled veteran who
is a pregnant woman having contractions--
``(i) that there is inadequate time
to effect a safe transfer to another
hospital before delivery; or
``(ii) that transfer may pose a
threat to the health or safety of the
woman or the unborn child.
``(2) The term `enrolled veteran' means a veteran who
is enrolled in the health care system established under
section 1705(a) of this title.
``(3) The term `to stabilize' means, with respect to
an emergency medical condition described in paragraph
(1)(A), to provide such medical treatment of the
condition as may be necessary to assure, within
reasonable medical probability, that no material
deterioration of the condition is likely to result from
or occur during the transfer of the enrolled veteran
from a facility, or, with respect to an emergency
medical condition described in paragraph (1)(B), to
deliver (including the placenta).
``(4) The term `stabilized' means, with respect to an
emergency medical condition described in paragraph
(1)(A), that no material deterioration of the condition
is likely, within reasonable medical probability, to
result from or occur during the transfer of the
individual from a facility, or, with respect to an
emergency medical condition described in paragraph
(1)(B), that the woman has delivered (including the
placenta).
``(5) The term `transfer' means the movement
(including the discharge) of an enrolled veteran
outside the facilities of a medical facility of the
Department at the direction of any individual employed
by (or affiliated or associated, directly or
indirectly, with) the Department, but does not include
such a movement of an individual who--
``(A) has been declared dead; or
``(B) leaves the facility without the
permission of any such person.''.
(b) Clerical Amendment.--The table of sections of such
chapter is amended by inserting after the item relating to
section 1730A the following new item:
``1730B. Examination and treatment for emergency medical conditions and
women in labor.''.
____________________________________________________
8. An Amendment To Be Offered by Representative Schweikert of Arizona
or His Designee, Debatable for 10 Minutes
Add at the end the following new section:
SEC. 11. USE OF DISTRIBUTED LEDGER TECHNOLOGY TO SCHEDULE APPOINTMENTS.
(a) Use of Distributed Ledger Technology.--
(1) In general.--Beginning not later than one year
after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall ensure that
veterans seeking health care appointments at medical
facilities of the Department are able to use an
Internet website, a mobile application, or other
similar electronic method to use distributed ledger
technology to view such appointments and ascertain
whether an employee of the Department of Veterans
Affairs has modified such appointments.
(2) Contracts.--The Secretary shall carry out
paragraph (1) by seeking to enter into one or more
contracts with appropriate entities to develop the
appointment distributed ledger technology system
described in such paragraph.
(3) Privacy and ownership of information.--Any
information relating to a veteran that is used or
transmitted pursuant to this section--
(A) shall be treated in accordance with
section 552a of title 5, United States Code
(commonly referred to as the ``Privacy Act'')
and other applicable laws and regulations
relating to the privacy of the veteran;
(B) may only be used by an employee or
contractor of the Department of Veterans
Affairs to carry out paragraph (1); and
(C) may not be disclosed to any person who is
not the veteran or such an employee or
contractor unless the veteran provides consent
to such disclosure.
(b) Report.--Not later than 180 days after the date on which
the Secretary commences subsection (a)(1), the Secretary shall
submit to Congress a report on the implementation of this
section.
(c) Definitions.--In this section:
(1) The term ``distributed ledger technology'' means
technology using a consensus of replicated, shared, and
synchronized digital data that is geographically spread
across multiple digital systems.
(2) The term ``mobile application'' means a software
program that runs on the operating system of a mobile
device.
(3) The term ``mobile device'' means a smartphone,
tablet computer, or similar portable computing device
that transmits data over a wireless connection.
----------
9. An Amendment To Be Offered by Representative Cartwright of
Pennsylvania or His Designee, Debatable for 10 Minutes
Page 54, after line 2, insert the following:
SEC. 11. APPOINTMENT OF PSYCHIATRISTS BY VETERANS HEALTH
ADMINISTRATION.
(a) In General.--Chapter 74 of title 38, United States Code,
is amended by inserting after section 7406 the following new
section:
``Sec. 7406A. Appointment of certain psychiatrists who complete
residencies
``(a) In General.--(1) Subject to subsection (b), the
Secretary may appoint, without regard to civil service or
classification laws, a psychiatrist who completes a residency
under section 7406 of this title to a position under section
7401 or 7405 immediately after such residency, if the
psychiatrist meets the qualifications established in
regulations prescribed by the Secretary for such position.
``(2) The Secretary may begin the process of appointing a
psychiatrist under paragraph (1) before the psychiatrist
completes a residency.
``(b) Positions Permitted.--The Secretary may appoint a
psychiatrist under subsection (a) if the position to which the
psychiatrist is appointed has been unfilled for not less than
35 days as of the date of the appointment.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 7406 the following new item:
``7406A. Appointment of certain psychiatrists who complete
residencies.''.
____________________________________________________
10. An Amendment To Be Offered by Representative Frankel of Florida or
Her Designee, Debatable for 10 Minutes
Page 54, after line 2, insert the following:
SEC. 11. SENSE OF CONGRESS REGARDING AMERICAN VETERANS DISABLED FOR
LIFE.
(a) Findings.--Congress finds the following:
(1) There are at least 3,600,000 veterans currently
living with service-connected disabilities.
(2) As a result of their service, many veterans are
permanently disabled throughout their lives and in many
cases must rely on the support of their families and
friends when these visible and invisible burdens become
too much to bear alone.
(3) October 5, which is the anniversary of the
dedication of the American Veterans Disabled for Life
Memorial, has been recognized as an appropriate day on
which to honor American veterans disabled for life each
year.
(b) Sense of Congress.--Congress--
(1) expresses its appreciation to the men and women
left permanently wounded, ill, or injured as a result
of their service in the Armed Forces;
(2) supports the annual recognition of American
veterans disabled for life; and
(3) encourages the American people to honor American
veterans disabled for life each year with appropriate
programs and activities.
----------
11. An Amendment To Be Offered by Representative Gallego of Arizona or
His Designee, Debatable for 10 Minutes
Page 54, after line 2, insert the following:
SEC. 11. ESTABLISHMENT OF POSITIONS OF DIRECTORS OF VETERANS INTEGRATED
SERVICE NETWORKS IN OFFICE OF UNDER SECRETARY FOR
HEALTH OF DEPARTMENT OF VETERANS AFFAIRS AND
MODIFICATION OF QUALIFICATIONS FOR MEDICAL
DIRECTORS.
Section 7306(a)(4) of title 38, United States Code, is
amended--
(1) by inserting ``and Directors of Veterans
Integrated Service Networks'' after ``Such Medical
Directors''; and
(2) by striking ``, who shall be either a qualified
doctor of medicine or a qualified doctor of dental
surgery or dental medicine''.
----------
12. An Amendment To Be Offered by Representative Keating of
Massachusetts or His Designee, Debatable for 10 Minutes
Add at the end the following new section:
SEC. 11. CONTINUING EDUCATION REQUIREMENT FOR EMPLOYEES OF DEPARTMENT
OF VETERANS AFFAIRS AUTHORIZED TO PRESCRIBE
MEDICATION.
(a) In General.--Subchapter I of chapter 74 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 7413. Continuing education requirement for employees authorized
to prescribe medication
``(a) Requirement.--(1) Except as provided in paragraph (2),
the Secretary shall require each covered employee of the
Department to complete not less than one accredited course of
continuing education on pain management once every two years.
Such course shall include information on safe prescribing
practices and disposal of controlled substances, principles of
pain management, identification of potential substance use
disorders and addiction treatment.
``(2) Paragraph (1) shall not apply to a covered employee if
the covered employee is licensed or certified by a State
licensure or specialty board that requires the completion of
continuing education relative to pain management or substance
use disorder management.
``(b) Definitions.--In this section:
``(1) The term `covered employee' means any employee
of the Department authorized to prescribe any
controlled substance, including an employee hired under
section 7405 of this title.
``(2) The term `controlled substance' has the meaning
given such term in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
``(c) Applicability.--The requirement under subsection (a)
shall apply with respect to a covered employee for any 24-month
period during which the covered employee is employed by the
Department for at least 180 days.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end of
the items relating to subchapter I of such chapter the
following new item:
``7413. Continuing education requirement for employees authorized to
prescribe medication.''.
(c) Applicability.--Section 7413 of title 38, United States
Code, as added by subsection (a) shall apply with respect to a
12-month period that begins on or after the date of the
enactment of this Act.
----------
13. An Amendment To Be Offered by Representative Lowenthal of
California or His Designee, Debatable for 10 Minutes
Page 54, add after line 2 the following:
SECTION 11. REVIEW OF WHISTLEBLOWER COMPLAINTS.
(a) In General.--Chapter 7 of title 38, United States Code,
is amended by inserting after section 711 the following new
section:
``Sec. 712. Review of whistleblower complaints
``(a) In General.--During each calendar quarter, the
Secretary shall review each covered whistleblower complaint
that is filed during the previous calendar quarter.
``(b) Delegation.--The Secretary may only delegate the
authority of the Secretary under subsection (a) to review a
covered whistleblower complaint, without further delegation,
to--
``(1) the Deputy Secretary of Veterans Affairs;
``(2) the Under Secretary for Health;
``(3) the Under Secretary for Benefits;
``(4) the Under Secretary for Memorial Affairs;
``(5) an Assistant Secretary of Veterans Affairs;
``(6) a Deputy Assistant Secretary of Veterans
Affairs; or
``(7) a director of the Veterans Integrated Service
Network.
``(c) Covered Whistleblower Complaint Defined.--In this
section, the term `covered whistleblower complaint' means any
complaint filed with the Office of the Special Counsel under
subchapter II of chapter 12 of title 5 with respect to a
prohibited personnel practice committed by an officer or
employee of the Department of Veterans Affairs and described in
section 2302(b)(8) or 2302(b)(9)(A)(i), (B), (C), or (D) of
such title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 711 the following new item:
``712. Review of whistleblower complaints.''.
____________________________________________________
14. An Amendment To Be Offered by Representative Lujan of New Mexico or
His Designee, Debatable for 10 Minutes
Page 54, after line 2, insert the following:
SEC. 11. IDENTIFICATION OF MATTERS RELATING TO PART-TIME EMPLOYMENT OF
MEMBERS OF THE ARMED FORCES WHO ARE PHYSICIANS.
The Secretary of Veterans Affairs shall identify--
(1) the number of members of the Armed Forces serving
on active duty who are physicians employed at a
Department of Veterans Affairs medical facility on a
part-time basis;
(2) the process by which the Department hires such
physicians on a part-time basis; and
(3) the process by which the Department hires
civilian physicians on a part-time basis; and
(4) the steps the Department is taking to recruit
members of the Armed Forces serving on active duty who
are physicians for employment at Department medical
facilities on a part-time basis.
----------
15. An Amendment To Be Offered by Representative Maloney of New York or
His Designee, Debatable for 10 Minutes
Page 54, after line 2, insert the following:
SEC. 11. EXTENSION OF AUTHORITY OF THE SECRETARY OF VETERANS AFFAIRS TO
PROVIDE FOR THE CONDUCT OF MEDICAL DISABILITY
EXAMINATIONS BY CONTRACT PHYSICIANS.
Section 704(c) of the Veterans Benefits Act of 2003 (Public
Law 108-183; 38 U.S.C. 5101 note) is amended by striking
``December 31, 2016'' and inserting ``December 31, 2017''.
----------
16. An Amendment To Be Offered by Representative O'Rourke of Texas or
His Designee, Debatable for 10 Minutes
Add at the end the following new section:
SEC. 11. RECRUITMENT OF PHYSICIANS IN DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 7402(b)(1) of title 38, United
States Code, is amended--
(1) by inserting ``or to be offered a contingent
appointment to such position,'' after ``position,'';
and
(2) by striking subparagraph (B) and inserting the
following new subparagraph (B):
``(B)(i) have completed a residency program
satisfactory to the Secretary; or
``(ii) with respect to an offer for a contingent
appointment upon the completion of a post-graduate
training program, complete such a residency program by
not later than two years after the date of such offer;
and''.
(b) Oversight of Graduate Medical Education Programs.--The
Secretary shall--
(1) ensure that a recruiter or other similar official
of each Veterans Integrated Service Network visits, not
less than annually, each allopathic and osteopathic
teaching institution with a graduate medical education
program within the Network to recruit individuals to be
appointed to positions in the Veterans Health
Administration; and
(2) submit to Congress an annual report on the
implementation of paragraph (1), including the success
of such recruiting efforts.
----------
17. An Amendment To Be Offered by Representative O'Rourke of Texas or
His Designee, Debatable for 10 Minutes
Add at the end the following new section:
SEC. 11. AUTHORITY TO DISCLOSE CERTAIN MEDICAL RECORDS OF VETERANS WHO
RECEIVE NON-DEPARTMENT OF VETERANS AFFAIRS HEALTH
CARE.
Section 7332(b)(2) of title 38, United States Code, is
amended by adding at the end the following new subparagraph:
``(H) To a non-Department entity (including private
entities and other departments or agencies of the
Federal Government) that provides hospital care or
medical treatment to veterans.''.
----------
18. An Amendment To Be Offered by Representative O'Rourke of Texas or
His Designee, Debatable for 10 Minutes
Page 54, add after line 2 the following:
SEC. 11. SURVEY OF VETERAN EXPERIENCES WITH DEPARTMENT OF VETERANS
AFFAIRS MEDICAL CARE.
(a) In General.--The Secretary of Veterans Affairs shall seek
to enter into a contract with a non-government entity with
significant experience conducting scientifically verifiable
surveys and research to conduct an annual survey of a
statistically significant sample of veterans who reside in the
geographic area served by each of the medical facilities of the
Department of Veterans Affairs to determine the nature of the
experiences of such veterans in obtaining hospital care and
medical services furnished by the Secretary at each such
medical facility. Each such survey shall be conducted using
scientific and verifiable methods. Such contract shall provide
that the non-government entity shall conduct such annual
surveys during the five-year period beginning on the date on
which the Secretary enters into the contract with the non-
government entity.
(b) Contents.--The contract entered into under subsection (a)
shall provide that each survey conducted pursuant to the
contract shall be specific to a medical facility of the
Department and shall include questions relating to the
experiences of veterans in requesting and receiving
appointments for hospital care and medical services furnished
by the Secretary at that medical facility, including questions
relating to each of the following:
(1) The veteran's ability to obtain hospital care and
medical services at the facility in a timely manner.
(2) The period of time between the date on which the
veteran requests an appointment at the facility and the
date on which the appointment is scheduled.
(3) The frequency with which scheduled appointments
are cancelled by the facility.
(4) The quality of hospital care or medical services
the veteran has received at the facility.
(c) Consultation.--The contract entered into under subsection
(a) shall provide that in designing and conducting the surveys
for each medical facility of the Department pursuant to such
contract, the non-government entity shall consult with veterans
service organizations.
(d) Certification.--The contract entered into under
subsection (a) shall provide that--
(1) before conducting a survey pursuant to the
contract, the non-government entity shall submit the
proposed survey to the Comptroller General who shall
assess whether the survey is scientifically valid and
whether the proposed sample size of veterans to be
surveyed is statistically significant; and
(2) the non-government entity may not conduct such a
survey until the Comptroller General provides such a
certification for the survey.
(e) Submittal of Results and Public Availability of
Information.--Not later than 30 days after the completion of
the surveys conducted pursuant to a contract entered into under
subsection (a) for a year, the Secretary shall make the results
of the surveys publicly available on the Internet website of
the Department.
(f) Paperwork Reduction.--Subchapter I of chapter 35 of title
44, United States Code shall not apply to this section.
(g) Deadline for Implementation.--The Secretary shall enter
into a contract under subsection (a) for each medical facility
of the Department by not later than 180 days after the date of
the enactment of this Act.
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19. An Amendment To Be Offered by Representative Walz of Minnesota or
His Designee, Debatable for 10 Minutes
Page 54, add after line 2 the following:
SEC. 11. PROVISION OF STATUS UNDER LAW BY HONORING CERTAIN MEMBERS OF
THE RESERVE COMPONENTS AS VETERANS.
(a) Veteran Status.--
(1) In general.--Chapter 1 of title 38, United States
Code, is amended by inserting after section 107 the
following new section:
``Sec. 107A. Honoring as veterans certain persons who performed service
in the reserve components
``Any person who is entitled under chapter 1223 of title 10
to retired pay for nonregular service or, but for age, would be
entitled under such chapter to retired pay for nonregular
service shall be honored as a veteran but shall not be entitled
to any benefit by reason of this section.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after
the item relating to section 107 the following new
item:
``107A. Honoring as veterans certain persons who performed service in
the reserve components.''.
(b) Clarification Regarding Benefits.--No person may receive
any benefit under the laws administered by the Secretary of
Veterans Affairs solely by reason of section 107A of title 38,
United States Code, as added by subsection (a).
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20. An Amendment To Be Offered by Representative Walz of Minnesota or
His Designee, Debatable for 10 Minutes
Page 54, add after line 2 the following:
SEC. 11. PROVISION OF REHABILITATIVE EQUIPMENT AND HUMAN-POWERED
VEHICLES TO CERTAIN DISABLED VETERANS.
(a) In General.--Section 1714(a) of title 38, United States
Code, is amended--
(1) by striking ``Any veteran'' and inserting ``(1)
Any veteran''; and
(2) by adding at the end the following new paragraph:
``(2)(A) The Secretary may furnish rehabilitative equipment
to any veteran who is entitled to a prosthetic appliance.
``(B) In carrying out subparagraph (A), the Secretary may
modify non-rehabilitative equipment owned by a veteran only if
the veteran elects for such modification.
``(C) The Secretary shall annually submit to the Committees
on Veterans' Affairs of the House of Representatives and the
Senate a report on rehabilitative equipment furnished to
veterans under subparagraph (A). Each such report shall
include, with respect to the year covered by the report--
``(i) the number of veterans eligible to receive such
rehabilitative equipment;
``(ii) the number of veterans who received such
rehabilitative equipment;
``(iii) the number of veterans who elected to receive
modified equipment pursuant to subparagraph (B); and
``(iv) any recommendations of the Secretary to
improve furnishing veterans with rehabilitative
equipment.
``(D) In this paragraph, the term `rehabilitative equipment'
means--
``(i) rehabilitative equipment, including
recreational sports equipment that provide an adaption
or accommodation for the veteran, regardless of whether
such equipment is intentionally designed to be adaptive
equipment; and
``(ii) includes hand cycles, recumbent bicycles,
medically adapted upright bicycles, and upright
bicycles.''.
(b) No Additional Funds.--No additional funds are authorized
to be appropriated to carry out the requirements of this
section and the amendments made by this section. Such
requirements shall be carried out using amounts otherwise
authorized.
----------
21. An Amendment To Be Offered by Representative Duffy of Wisconsin or
His Designee, Debatable for 10 Minutes
Page 54, after line 2, insert the following:
SEC. 11. APPOINTMENT OF LICENSED HEARING AID SPECIALISTS IN VETERANS
HEALTH ADMINISTRATION.
(a) Licensed Hearing Aid Specialists.--
(1) Appointment.--Section 7401(3) of title 38, United
States Code, is amended by inserting ``licensed hearing
aid specialists,'' after ``Audiologists,''.
(2) Qualifications.--Section 7402(b)(14) of such
title is amended by inserting ``, hearing aid
specialist'' after ``dental technologist''.
(b) Requirements.--With respect to appointing hearing aid
specialists under sections 7401 and 7402 of title 38, United
States Code, as amended by subsection (a), and providing
services furnished by such specialists, the Secretary shall
ensure that--
(1) a hearing aid specialist may only perform hearing
services consistent with the hearing aid specialist's
State license related to the practice of fitting and
dispensing hearing aids without excluding other
qualified professionals, including audiologists, from
rendering services in overlapping practice areas;
(2) services provided to veterans by hearing aid
specialists shall be provided as part of the non-
medical treatment plan developed by an audiologist; and
(3) the medical facilities of the Department of
Veterans Affairs provide to veterans access to the full
range of professional services provided by an
audiologist.
(c) Consultation.--In determining the qualifications required
for hearing aid specialists and in carrying out subsection (b),
the Secretary shall consult with veterans service
organizations, audiologists, otolaryngologists, hearing aid
specialists, and other stakeholder and industry groups as the
Secretary determines appropriate.
(d) Annual Report.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, and annually
thereafter during the five-year period beginning on the
date of the enactment of this Act, the Secretary of
Veterans Affairs shall submit to Congress a report on
the following:
(A) Timely access of veterans to hearing
health services through the Department of
Veterans Affairs.
(B) Contracting policies of the Department
with respect to providing hearing health
services to veterans in facilities that are not
facilities of the Department.
(2) Timely access to services.--Each report shall,
with respect to the matter specified in paragraph
(1)(A) for the one-year period preceding the submittal
of such report, include the following:
(A) The staffing levels of audiologists,
hearing aid specialists, and health technicians
in audiology in the Veterans Health
Administration.
(B) A description of the metrics used by the
Secretary in measuring performance with respect
to appointments and care relating to hearing
health.
(C) The average time that a veteran waits to
receive an appointment, beginning on the date
on which the veteran makes the request, for the
following:
(i) A disability rating evaluation
for a hearing-related disability.
(ii) A hearing aid evaluation.
(iii) Dispensing of hearing aids.
(iv) Any follow-up hearing health
appointment.
(D) The percentage of veterans whose total
wait time for appointments described in
subparagraph (C), including an initial and
follow-up appointment, if applicable, is more
than 30 days.
(3) Contracting policies.--Each report shall, with
respect to the matter specified in paragraph (1)(B) for
the one-year period preceding the submittal of such
report, include the following:
(A) The number of veterans that the Secretary
refers to non-Department audiologists for
hearing health care appointments.
(B) The number of veterans that the Secretary
refers to non-Department hearing aid
specialists for follow-up appointments for a
hearing aid evaluation, the dispensing of
hearing aids, or any other purpose relating to
hearing health.
----------
22. An Amendment To Be Offered by Representative Lance of New Jersey or
His Designee, Debatable for 10 Minutes
Page 54, after line 2, insert the following:
SEC. 11. ANNUAL REPORT ON PERFORMANCE OF REGIONAL OFFICES OF THE
DEPARTMENT OF VETERANS AFFAIRS.
Section 7734 of title 38, United States Code, is amended--
(1) in the first sentence, by inserting before the
period the following: ``and on the performance of any
regional office that fails to meet its administrative
goals'';
(2) in paragraph (2), by striking ``and'';
(3) by redesignating paragraph (3) as paragraph (4);
and
(4) by inserting after paragraph (2) the following
new paragraph (3):
``(3) in the case of any regional office that, for
the year covered by the report, did not meet the
administrative goal of no claim pending for more than
125 days and an accuracy rating of 98 percent--
``(A) a signed statement prepared by the
individual serving as director of the regional
office as of the date of the submittal of the
report containing--
``(i) an explanation for why the
regional office did not meet the goal;
``(ii) a description of the
additional resources needed to enable
the regional office to reach the goal;
and
``(iii) a description of any
additional actions planned for the
subsequent year that are proposed to
enable the regional office to meet the
goal; and
``(B) a statement prepared by the Under
Secretary for Benefits explaining how the
failure of the regional office to meet the goal
affected the performance evaluation of the
director of the regional office; and''.
[all]