[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5620 Referred in Senate (RFS)]
<DOC>
114th CONGRESS
2d Session
H. R. 5620
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 15, 2016
Received; read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
AN ACT
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``VA Accountability
First and Appeals Modernization Act of 2016''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
Sec. 3. Removal or demotion of employees based on performance or
misconduct.
Sec. 4. Reduction of benefits for members of the Senior Executive
Service within the Department of Veterans
Affairs convicted of certain crimes.
Sec. 5. Authority to recoup bonuses or awards paid to employees of
Department of Veterans Affairs.
Sec. 6. Authority to recoup relocation expenses paid to or on behalf of
employees of Department of Veterans
Affairs.
Sec. 7. Senior executives: personnel actions based on performance or
misconduct.
Sec. 8. Office of Accountability and Whistleblower Protection.
Sec. 9. Treatment of whistleblower complaints in Department of Veterans
Affairs.
Sec. 10. Appeals reform.
Sec. 11. Limitation on awards and bonuses paid to senior executive
employees of Department of Veterans
Affairs.
Sec. 12. Clarification of emergency hospital care furnished by the
Secretary of Veterans Affairs to certain
veterans.
Sec. 13. Sense of Congress regarding American veterans disabled for
life.
Sec. 14. 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.
Sec. 15. Continuing education requirement for employees of Department
of Veterans Affairs authorized to prescribe
medication.
Sec. 16. Review of whistleblower complaints.
Sec. 17. Identification of matters relating to part-time employment of
members of the Armed Forces who are
physicians.
Sec. 18. Recruitment of physicians in Department of Veterans Affairs.
Sec. 19. Authority to disclose certain medical records of veterans who
receive non-Department of Veterans Affairs
health care.
Sec. 20. Survey of veteran experiences with Department of Veterans
Affairs medical care.
Sec. 21. Annual report on performance of regional offices of the
Department of Veterans Affairs.
Sec. 22. Extension of authority of the Secretary of Veterans Affairs to
provide for the conduct of medical
disability examinations by contract
physicians.
Sec. 23. Provision of status under law by honoring certain members of
the reserve components as veterans.
Sec. 24. Provision of rehabilitative equipment and human-powered
vehicles to certain disabled veterans.
Sec. 25. Appointment of licensed hearing aid specialists in Veterans
Health Administration.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States
Code.
SEC. 3. REMOVAL OR DEMOTION OF EMPLOYEES BASED ON PERFORMANCE OR
MISCONDUCT.
(a) In General.--Chapter 7 is amended by adding at the end the
following new section:
``Sec. 715. Employees: removal or demotion based on performance or
misconduct
``(a) In General.--The Secretary may remove or demote an individual
who is an employee of the Department if the Secretary determines the
performance or misconduct of the individual warrants such removal or
demotion. If the Secretary so removes or demotes such an individual,
the Secretary may--
``(1) remove the individual from the civil service (as
defined in section 2101 of title 5); or
``(2) demote the individual by means of--
``(A) a reduction in grade for which the individual
is qualified and that the Secretary determines is
appropriate; or
``(B) a reduction in annual rate of pay that the
Secretary determines is appropriate.
``(b) Pay of Certain Demoted Individuals.--(1) Notwithstanding any
other provision of law, any individual subject to a demotion under
subsection (a)(2)(A) shall, beginning on the date of such demotion,
receive the annual rate of pay applicable to such grade.
``(2) An individual so demoted may not be placed on administrative
leave or any other category of paid leave during the period during
which an appeal (if any) under this section is ongoing, and may only
receive pay if the individual reports for duty. If an individual so
demoted does not report for duty, such individual shall not receive pay
or other benefits pursuant to subsection (e)(5).
``(c) Notice to Congress.--Not later than 30 days after removing or
demoting an individual under subsection (a), the Secretary shall submit
to the Committees on Veterans' Affairs of the Senate and House of
Representatives 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 notice
in writing of such removal or demotion and the reason for such removal
or demotion.
``(d) Procedure.--(1) Subsection (b) of section 7513 of title 5
shall apply with respect to a removal or a demotion under this section,
except that the period for notice and response, which includes the
advance notice period required by paragraph (1) of such subsection and
the response period required by paragraph (2) of such subsection, shall
not exceed a total of 10 calendar days.
``(2) The procedures under chapter 43 of title 5 shall not apply to
a removal or demotion under this section.
``(3)(A) Subject to subparagraph (B) and subsection (e), any
removal or demotion under subsection (a) may be appealed to the Merit
Systems Protection Board.
``(B) An appeal under subparagraph (A) of a removal or demotion may
only be made if such appeal is made not later than 7 days after the
date of such removal or demotion.
``(e) Expedited Review by MSPB.--(1) Upon receipt of an appeal
under subsection (d)(3)(A), the Merit Systems Protection Board shall
expedite any such appeal under such section and, in any such case,
shall issue a decision not later than 60 days after the date of the
appeal.
``(2) Notwithstanding section 7701(c)(1)(B) of title 5, the Merit
Systems Protection Board shall uphold the decision of the Secretary to
remove or demote an employee under subsection (a) if the decision is
supported by substantial evidence.
``(3) The decision of the Merit Systems Protection Board under
paragraph (1), and any final removal or demotion described in paragraph
(4), may be appealed to the United States Court of Appeals for the
Federal Circuit pursuant to section 7703 of title 5. Any decision by
such Court shall be in compliance with section 7462(f)(2) of this
title.
``(4) In any case in which the Merit Systems Protection Board
cannot issue a decision in accordance with the 60-day requirement under
paragraph (1), the removal or demotion is final. In such a case, the
Merit Systems Protection Board shall, within 14 days after the date
that such removal or demotion is final, submit to Congress and the
Committees on Veterans' Affairs of the Senate and House of
Representatives 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 a
report that explains the reasons why a decision was not issued in
accordance with such requirement.
``(5) The Merit Systems Protection Board may not stay any removal
or demotion under this section.
``(6) During the period beginning on the date on which an
individual appeals a removal from the civil service under subsection
(d) and ending on the date that the Merit Systems Protection Board
issues a final decision on such appeal, such individual may not receive
any pay, awards, bonuses, incentives, allowances, differentials,
student loan repayments, special payments, or benefits.
``(7) To the maximum extent practicable, the Secretary shall
provide to the Merit Systems Protection Board such information and
assistance as may be necessary to ensure an appeal under this
subsection is expedited.
``(f) Whistleblower Protection.--(1) In the case of an individual
seeking corrective action (or on behalf of whom corrective action is
sought) from the Office of Special Counsel based on an alleged
prohibited personnel practice described in section 2302(b) of title 5,
the Secretary may not remove or demote such individual under subsection
(a) without the approval of the Special Counsel under section 1214(f)
of title 5.
``(2) In the case of an individual who has filed a whistleblower
complaint, as such term is defined in section 741 of this title, the
Secretary may not remove or demote such individual under subsection (a)
until a final decision with respect to the whistleblower complaint has
been made.
``(g) Termination of Investigations by Office of Special Counsel.--
Notwithstanding any other provision of law, the Special Counsel
(established by section 1211 of title 5) may terminate an investigation
of a prohibited personnel practice alleged by an employee or former
employee of the Department after the Special Counsel provides to the
employee or former employee a written statement of the reasons for the
termination of the investigation. Such statement may not be admissible
as evidence in any judicial or administrative proceeding without the
consent of such employee or former employee.
``(h) Relation to Other Authorities.--The authority provided by
this section is in addition to the authority provided by subchapter V
of chapter 74 of this title, subchapter II of chapter 75 of title 5,
chapter 43 of such title, and any other authority with respect to
disciplining an individual.
``(i) Definitions.--In this section:
``(1) The term `individual' means an individual occupying a
position at the Department but does not include--
``(A) an individual, as that term is defined in
section 713(g)(1); or
``(B) a political appointee.
``(2) The term `grade' has the meaning given such term in
section 7511(a) of title 5.
``(3) 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.
``(4) The term `political appointee' means an individual
who is--
``(A) employed in a position described under
sections 5312 through 5316 of title 5 (relating to the
Executive Schedule);
``(B) a limited term appointee, limited emergency
appointee, or noncareer appointee in the Senior
Executive Service, as defined under paragraphs (5),
(6), and (7), respectively, of section 3132(a) of title
5; or
``(C) employed in a position of a confidential or
policy-determining character under schedule C of
subpart C of part 213 of title 5 of the Code of Federal
Regulations.''.
(b) Clerical and Conforming Amendments.--
(1) Clerical.--The table of sections at the beginning of
chapter 7 is amended by inserting after the item relating to
section 713 the following new item:
``715. Employees: removal or demotion based on performance or
misconduct.''.
(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 removal or demotion under section 715 of title
38.''.
SEC. 4. REDUCTION OF BENEFITS FOR MEMBERS OF THE SENIOR EXECUTIVE
SERVICE WITHIN THE DEPARTMENT OF VETERANS AFFAIRS
CONVICTED OF CERTAIN CRIMES.
(a) Reduction of Benefits.--
(1) In general.--Chapter 7 is further amended by inserting
after section 715, as added by section 3, the following new
section:
``Sec. 717. Senior executives: reduction of benefits of individuals
convicted of certain crimes
``(a) Reduction of Annuity for Removed Employee.--(1) The Secretary
shall order that the covered service of an individual removed from a
senior executive position for performance or misconduct under section
713 of this title, chapter 43 or subchapter V of chapter 75 of title 5,
or any other provision of law shall not be taken into account for
purposes of calculating an annuity with respect to such individual
under chapter 83 or chapter 84 of title 5, if--
``(A) the individual is convicted of a felony that
influenced the individual's performance while employed in the
senior executive position; and
``(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) consistent with paragraph (2), an
opportunity to appeal the order to another department
or agency of the Federal Government.
``(2) If a final decision on an appeal made under paragraph
(1)(B)(ii) is not made by the applicable department or agency of the
Federal Government within 30 days after receiving such appeal, the
order of the Secretary under paragraph (1) shall be final and not
subject to further appeal.
``(b) Reduction of Annuity for Retired Employee.--(1) The Secretary
may order that the covered service of an individual who is subject to a
removal or transfer action for performance or misconduct under section
713 of this title, chapter 43 or subchapter V of chapter 75 of title 5,
or any other provision of law but who leaves employment at the
Department prior to the issuance of a final decision with respect to
such action shall not be taken into account for purposes of calculating
an annuity with respect to such individual under chapter 83 or chapter
84 of title 5, if--
``(A) the individual is convicted of a felony that
influenced the individual's performance while employed in the
senior executive position; and
``(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.
``(2) The Secretary shall make such an order not later than 7 days
after the date of the conclusion of a hearing referred to in paragraph
(1)(B) that determines that such order is lawful.
``(c) Administrative Requirements.--(1) Not later than 30 days
after the Secretary issues an order under subsection (a) or (b), the
Director of the Office of Personnel Management shall recalculate the
annuity of the individual.
``(2) A decision regarding whether the covered service of an
individual shall be taken into account for purposes of calculating an
annuity under subsection (a) or (b) is final and may not be reviewed by
any department or agency or any court.
``(d) Lump-Sum Annuity Credit.--Any individual with respect to whom
an annuity is reduced under subsection (a) or (b) shall be entitled to
be paid so much of such individual's lump-sum credit as is attributable
to the period of covered service.
``(e) Spouse or Children Exception.--The Secretary, in consultation
with the Office of Personnel Management, shall prescribe regulations
that may provide for the payment to the spouse or children of any
individual referred to in subsection (a) or (b) of any amounts which
(but for this subsection) would otherwise have been nonpayable by
reason of such subsections. Any such regulations shall be consistent
with the requirements of section 8332(o)(5) and 8411(l)(5) of title 5,
as the case may be.
``(f) Definitions.--In this section:
``(1) The term `covered service' means, with respect to an
individual subject to a removal or transfer for performance or
misconduct under section 713 of this title, chapter 43 or
subchapter V of chapter 75 of title 5, or any other provision
of law, the period of service beginning on the date that the
Secretary determines under such applicable provision that the
individual engaged in activity that gave rise to such action
and ending on the date that the individual is removed or
transferred from the senior executive position or leaves
employment at the Department prior to the issuance of a final
decision with respect to such action, as the case may be.
``(2) The term `lump-sum credit' has the meaning given such
term in section 8331(8) or section 8401(19) of title 5, as the
case may be.
``(3) The term `senior executive position' has the meaning
given such term in section 713(g)(3) of this title.
``(4) The term `service' has the meaning given such term in
section 8331(12) or section 8401(26) of title 5, as the case
may be.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 7 of such title is amended by inserting
after the item relating to section 715, as added by section 3,
the following new item:
``717. Senior executives: reduction of benefits of individuals
convicted of certain crimes.''.
(b) Application.--Section 717 of title 38, United States Code, as
added by subsection (a)(1), shall apply to any action of removal or
transfer under section 713 of title 38, United States Code, commencing
on or after the date of the enactment of this Act.
SEC. 5. AUTHORITY TO RECOUP BONUSES OR AWARDS PAID TO EMPLOYEES OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Chapter 7 is further amended by inserting after
section 717, as added by section 4, the following new section:
``Sec. 719. Recoupment of bonuses or awards paid to employees of
Department
``(a) Recoupment.--Notwithstanding any other provision of law, the
Secretary may issue an order directing an employee of the Department to
repay the amount, or a portion of the amount, of any award or bonus
paid to the employee under title 5, including under chapters 45 or 53
of such title, or this title if--
``(1) the Secretary determines such repayment appropriate
pursuant to regulations prescribed under subsection (c); and
``(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.
``(b) Review.--(1) Upon the issuance of an order by the Secretary
under subsection (a), the employee shall be afforded--
``(A) notice of the order and an opportunity to respond to
the order; and
``(B) consistent with paragraph (2), an opportunity to
appeal the order to another department or agency of the Federal
Government.
``(2) If a final decision on an appeal made under paragraph (1)(B)
is not made by the applicable department or agency of the Federal
Government within 30 days after receiving such appeal, the order of the
Secretary under subsection (a) shall be final and not subject to
further appeal.
``(c) Regulations.--The Secretary shall prescribe regulations to
carry out this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter, as amended by section 4, is amended by inserting after
the item relating to section 717 the following new item:
``719. Recoupment of bonuses or awards paid to employees of
Department.''.
(c) Effective Date.--Section 719 of title 38, United States Code,
as added by subsection (a), shall apply with respect to an award or
bonus paid by the Secretary of Veterans Affairs to an employee of the
Department of Veterans Affairs on or after the date of the enactment of
this Act.
(d) Construction.--Nothing in this Act or the amendments made by
this Act may be construed to modify the certification issued by the
Office of Personnel Management and the Office of Management and Budget
regarding the performance appraisal system of the Senior Executive
Service of the Department of Veterans Affairs.
SEC. 6. AUTHORITY TO RECOUP RELOCATION EXPENSES PAID TO OR ON BEHALF OF
EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Chapter 7 is further amended by adding at the end
the following new section:
``Sec. 721. Recoupment of relocation expenses paid on behalf of
employees of Department
``(a) Recoupment.--(1) Notwithstanding any other provision of law,
the Secretary may direct an employee of the Department to repay the
amount, or a portion of the amount, paid to or on behalf of the
employee under title 5 for relocation expenses, including any expenses
under section 5724 or 5724a of such title, or this title if--
``(A) the Secretary determines that--
``(i) the employee has committed an act of fraud,
waste, or malfeasance; and
``(ii) such repayment is appropriate pursuant to
regulations prescribed under subsection (c); and
``(B) before such repayment is ordered, the individual is
afforded--
``(i) notice of the determination of the Secretary
and an opportunity to respond to the determination; and
``(ii) consistent with paragraph (2), an
opportunity to appeal the determination to another
department or agency of the Federal Government.
``(2) If a final decision on an appeal made under paragraph
(1)(B)(ii) is not made by the applicable department or agency of the
Federal Government within 30 days after receiving such appeal, the
order of the Secretary under paragraph (1) shall be final and not
subject to further appeal.
``(b) Review.--A decision regarding a repayment by an employee
pursuant to subsection (a)(1)(B)(ii) is final and may not be reviewed
by any department, agency, or court.
``(c) Regulations.--The Secretary shall prescribe regulations to
carry out this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is further amended by adding at the end the following new
item:
``721. Recoupment of relocation expenses paid to or on behalf of
employees of Department.''.
(c) Effective Date.--Section 721 of title 38, United States Code,
as added by subsection (a), shall apply with respect to an amount paid
by the Secretary of Veterans Affairs to or on behalf of an employee of
the Department of Veterans Affairs for relocation expenses on or after
the date of the enactment of this Act.
(d) Construction.--Nothing in this section or the amendments made
by this section may be construed to modify the certification issued by
the Office of Personnel Management and the Office of Management and
Budget regarding the performance appraisal system of the Senior
Executive Service of the Department of Veterans Affairs.
SEC. 7. SENIOR EXECUTIVES: PERSONNEL ACTIONS BASED ON PERFORMANCE OR
MISCONDUCT.
(a) Expansion of Covered Personnel Actions.--Section 713 is amended
in subsection (a)(1) by inserting after ``such removal.'' the
following: ``If the Secretary determines that the performance or
misconduct of such an individual does not merit removal from the senior
executive service position, the Secretary may suspend, reprimand, or
admonish the individual.''.
(b) Removal of Appeal to Merit Systems Protection Board.--Section
713 is further amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``so removes''
and inserting ``removes''; and
(B) by adding at the end the following:
``(3) On the date that is 5 days before taking any personnel action
against a senior executive under paragraph (1), the Secretary shall
provide the individual with--
``(A) notice in writing of the proposed personnel action,
including the reasons for such action; and
``(B) an opportunity to respond to the proposed personnel
action within the 5-day period.'';
(2) in subsection (b)(2)--
(A) by striking ``under this section'' and
inserting ``under section 723''; and
(B) by striking the second sentence;
(3) in subsection (c)--
(A) by striking ``30'' and inserting ``5''; and
(B) by striking ``and the reason for such removal
or transfer'' and inserting ``, the reason for such
removal or transfer, the name and position of the
employee, and all charging documents and evidence
pertaining to such removal or transfer'';
(4) by striking subsections (d) and (e) and inserting the
following:
``(d) Procedure.--(1) The procedures under title 5 shall not apply
to any personnel action under this section.
``(2) A personnel action under this section--
``(A) consistent with paragraph (3), may be appealed to the
Senior Executive Disciplinary Appeals Board under section 723;
and
``(B) may not be appealed to the Merit Systems Protection
Board under section 7701 of title 5.
``(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 7 days after the date of such action. If
such appeal is not made within the 7-day period, the personnel action
shall be final and not subject to further appeal.'';
(5) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively; and
(6) in subsection (f), as redesignated by paragraph (5), by
adding at the end the following:
``(4) The term `suspend' means the placing of an individual
in a temporary status without duties and pay for a period
greater than 14 days.''.
(c) Removal of Expedited Procedures.--Section 707 of the Veterans
Access, Choice, and Accountability Act of 2014 (38 U.S.C. 713 note) is
amended by--
(1) striking subsection (b); and
(2) redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(d) Senior Executive Disciplinary Appeals Board.--Chapter 7 is
further amended by inserting after section 721, as added by section 6,
the following new section:
``Sec. 723. Senior Executive Disciplinary Appeals Board
``(a) The Secretary shall from time to time appoint a board to hear
appeals of any personnel action taken under section 713. Such board
shall be known as the Senior Executive Disciplinary Appeals Board
(hereinafter referred to as the `Board'). Each Board shall consist of
three employees of the Department. The Board shall have exclusive
jurisdiction to review any personnel action under section 713.
``(b) Upon an appeal of such a personnel action, the Senior
Executive Disciplinary Appeals Board shall--
``(1) review all evidence provided by the Secretary and the
appellant; and
``(2) issue a decision not later than 21 days after the
date of the appeal.
``(c) The Board shall afford an employee appealing a personnel
action an opportunity for an oral hearing. If such a hearing is held,
the appellant may be represented by counsel.
``(d) The Board shall uphold the decision of the Secretary if--
``(1) there is substantial evidence supporting the
decision; and
``(2) the applicable personnel action is within the
tolerable bounds of reasonableness.
``(e) If the Board issues a decision under this section that
reverses or otherwise mitigates the applicable personnel action, the
Secretary may reverse the decision of the Board. Consistent with the
requirements of subsection (g), the decision of the Secretary under
this subsection shall be final.
``(f) In any case in which the Board cannot issue a decision in
accordance with the 21-day requirement under subsection (b)(2), the
personnel action is final.
``(g) A petition to review a final order or final decision of the
Secretary or the Board under this section shall be filed in the United
States Court of Appeals for the Federal Circuit. Any decision by such
Court shall be in compliance with section 7462(f)(2) of this title.
``(h) During the period beginning on the date on which an
individual appeals a removal from the civil service under section
713(d) and ending on the date that the Board or Secretary issues a
final decision on such appeal, such individual may not receive any pay,
awards, bonuses, incentives, allowances, differentials, student loan
repayments, special payments, or benefits.''.
(e) Technical and Clerical Amendments.--
(1) Technical amendment.--The section heading of section
713 is amended to read as follows: Senior executives: personnel
actions based on performance or misconduct.
(2) Clerical amendments.--The table of contents for such
chapter is further amended--
(A) by striking the item relating to section 713
and inserting the following:
``713. Senior executives: personnel actions based on performance or
misconduct.'';
and
(B) by adding at the end the following:
``723. Senior Executive Disciplinary Appeals Board.''.
(f) Rule of Construction.--Nothing in this section or section 731
of title 38, United States Code, (as added by subsection (c)) shall be
construed to apply to an appeal of a removal, transfer, or other
personnel action that was pending before the date of the enactment of
this Act.
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 complaints.
``(D) Referring whistleblower complaints 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 complaint 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 complaints 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
complaints, 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.
``(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
complaints.
``(3) In any case in which the Assistant Secretary receives a
whistleblower complaint 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) 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.
``(e) 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.
``(f) 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 complaint.
``(3) The term `whistleblower complaint' 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. TREATMENT OF WHISTLEBLOWER COMPLAINTS IN DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Chapter 7 is further amended by adding at the end
the following new subchapter:
``SUBCHAPTER II--WHISTLEBLOWER COMPLAINTS
``Sec. 741. Whistleblower complaint defined
``In this subchapter, the term `whistleblower complaint' means a
complaint by an employee of the Department disclosing, or assisting
another employee to disclose, a potential violation of any law, rule,
or regulation, or gross mismanagement, gross waste of funds, abuse of
authority, or substantial and specific danger to public health and
safety.
``Sec. 742. Treatment of whistleblower complaints
``(a) Filing.--(1) In addition to any other method established by
law in which an employee may file a whistleblower complaint, an
employee of the Department may file a whistleblower complaint in
accordance with subsection (g) with a supervisor of the employee.
``(2) Except as provided by subsection (d)(1), in making a
whistleblower complaint under paragraph (1), an employee shall file the
initial complaint with the immediate supervisor of the employee.
``(b) Notification.--(1) Not later than 4 business days after the
date on which a supervisor receives a whistleblower complaint by an
employee under this section, the supervisor shall notify, in writing,
the employee of whether the supervisor determines that there is a
reasonable likelihood that the complaint discloses a violation of any
law, rule, or regulation, or gross mismanagement, gross waste of funds,
abuse of authority, or substantial and specific danger to public health
and safety. The supervisor shall retain written documentation regarding
the whistleblower complaint and shall submit to the next-level
supervisor a written report on the complaint.
``(2) On a monthly basis, the supervisor shall submit to the
appropriate director or other official who is superior to the
supervisor a written report that includes the number of whistleblower
complaints received by the supervisor under this section during the
month covered by the report, the disposition of such complaints, and
any actions taken because of such complaints pursuant to subsection
(c). In the case in which such a director or official carries out this
paragraph, the director or official shall submit such monthly report
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.
``(c) Positive Determination.--If a supervisor makes a positive
determination under subsection (b)(1) regarding a whistleblower
complaint of an employee, the supervisor shall include in the
notification to the employee under such subsection the specific actions
that the supervisor will take to address the complaint.
``(d) Filing Complaint With Next-Level Supervisors.--(1) If any
circumstance described in paragraph (3) is met, an employee may file a
whistleblower complaint in accordance with subsection (g) with the
next-level supervisor who shall treat such complaint in accordance with
this section.
``(2) An employee may file a whistleblower complaint with the
Secretary if the employee has filed the whistleblower complaint to each
level of supervisors between the employee and the Secretary in
accordance with paragraph (1).
``(3) A circumstance described in this paragraph are any of the
following circumstances:
``(A) A supervisor does not make a timely determination
under subsection (b)(1) regarding a whistleblower complaint.
``(B) The employee who made a whistleblower complaint
determines that the supervisor did not adequately address the
complaint pursuant to subsection (c).
``(C) The immediate supervisor of the employee is the basis
of the whistleblower complaint.
``(e) Transfer of Employee Who Files Whistleblower Complaint.--If a
supervisor makes a positive determination under subsection (b)(1)
regarding a whistleblower complaint filed by an employee, the Secretary
shall--
``(1) inform the employee of the ability to volunteer for a
transfer in accordance with section 3352 of title 5; and
``(2) give preference to the employee for such a transfer
in accordance with such section.
``(f) Prohibition on Exemption.--The Secretary may not exempt any
employee of the Department from being covered by this section.
``(g) Whistleblower Complaint Form.--(1) A whistleblower complaint
filed by an employee under subsection (a) or (d) shall consist of the
form described in paragraph (2) and any supporting materials or
documentation the employee determines necessary.
``(2) The form described in this paragraph is a form developed by
the Secretary, in consultation with the Special Counsel, that includes
the following:
``(A) An explanation of the purpose of the whistleblower
complaint form.
``(B) Instructions for filing a whistleblower complaint as
described in this section.
``(C) An explanation that filing a whistleblower complaint
under this section does not preclude the employee from any
other method established by law in which an employee may file a
whistleblower complaint.
``(D) A statement directing the employee to information
accessible on the Internet website of the Department as
described in section 745(c).
``(E) Fields for the employee to provide--
``(i) the date that the form is submitted;
``(ii) the name of the employee;
``(iii) the contact information of the employee;
``(iv) a summary of the whistleblower complaint
(including the option to append supporting documents
pursuant to paragraph (1)); and
``(v) proposed solutions to complaint.
``(F) Any other information or fields that the Secretary
determines appropriate.
``(3) The Secretary, in consultation with the Special Counsel,
shall develop the form described in paragraph (2) by not later than 60
days after the date of the enactment of this section.
``Sec. 743. Adverse actions against supervisory employees who commit
prohibited personnel actions relating to whistleblower
complaints
``(a) In General.--(1) In accordance with paragraph (2), the
Secretary shall carry out the following adverse actions against
supervisory employees whom the Secretary, an administrative judge, the
Merit Systems Protection Board, the Office of Special Counsel, an
adjudicating body provided under a union contract, a Federal judge, or
the Inspector General of the Department determines committed a
prohibited personnel action described in subsection (c):
``(A) With respect to the first offense, an adverse action
that is not less than a 14-day suspension and not more than
removal.
``(B) With respect to the second offense, removal.
``(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.
``(B) An employee who is notified of being the subject of a
proposed adverse action under paragraph (1) may not be given more than
10 days following such notification to provide evidence to dispute such
proposed adverse action. If the employee does not provide any such
evidence, or if the Secretary determines that such evidence is not
sufficient to reverse the determination to propose the adverse action,
the Secretary shall carry out the adverse action following such 10-day
period.
``(b) Limitation on Other Adverse Actions.--With respect to a
prohibited personnel action described in subsection (c), if the
Secretary carries out an adverse action against a supervisory employee,
the Secretary may carry out an additional adverse action under this
section based on the same prohibited personnel action if the total
severity of the adverse actions do not exceed the level specified in
subsection (a).
``(c) Prohibited Personnel Action Described.--A prohibited
personnel action described in this subsection is any of the following
actions:
``(1) Taking or failing to take a personnel action in
violation of section 2302 of title 5 against an employee
relating to the employee--
``(A) filing a whistleblower complaint in
accordance with section 742 of this title;
``(B) filing a whistleblower complaint with the
Inspector General of the Department, the Special
Counsel, or Congress;
``(C) providing information or participating as a
witness in an investigation of a whistleblower
complaint in accordance with section 742 or with the
Inspector General of the Department, the Special
Counsel, or Congress;
``(D) participating in an audit or investigation by
the Comptroller General of the United States;
``(E) refusing to perform an action that is
unlawful or prohibited by the Department; or
``(F) engaging in communications that are related
to the duties of the position or are otherwise
protected.
``(2) Preventing or restricting an employee from making an
action described in any of subparagraphs (A) through (F) of
paragraph (1).
``(3) Conducting a peer review or opening a retaliatory
investigation relating to an activity of an employee that is
protected by section 2302 of title 5.
``(4) Requesting a contractor to carry out an action that
is prohibited by section 4705(b) or section 4712(a)(1) of title
41, as the case may be.
``Sec. 744. Evaluation criteria of supervisors and treatment of bonuses
``(a) Evaluation Criteria.--(1) In evaluating the performance of
supervisors of the Department, the Secretary shall include the criteria
described in paragraph (2).
``(2) The criteria described in this subsection are the following:
``(A) Whether the supervisor treats whistleblower
complaints in accordance with section 742.
``(B) Whether the appropriate deciding official,
performance review board, or performance review committee
determines that the supervisor was found to have committed a
prohibited personnel action described in section 743(b) by an
administrative judge, the Merit Systems Protection Board, the
Office of Special Counsel, an adjudicating body provided under
a union contract, a Federal judge, or, in the case of a
settlement of a whistleblower complaint (regardless of whether
any fault was assigned under such settlement), the Secretary.
``(b) Bonuses.--(1) The Secretary may not pay to a supervisor
described in subsection (a)(2)(B) an award or bonus under this title or
title 5, including under chapter 45 or 53 of such title, during the 1-
year period beginning on the date on which the determination was made
under such subsection.
``(2) Notwithstanding any other provision of law, the Secretary
shall issue an order directing a supervisor described in subsection
(a)(2)(B) to repay the amount of any award or bonus paid under this
title or title 5, including under chapter 45 or 53 of such title, if--
``(A) such award or bonus was paid for performance during a
period in which the supervisor committed a prohibited personnel
action as determined pursuant to such subsection (a)(2)(B);
``(B) the Secretary determines such repayment appropriate
pursuant to regulations prescribed by the Secretary to carry
out this section; and
``(C) before such order is made, the supervisor 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,
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.
``Sec. 745. Training regarding whistleblower complaints
``(a) Training.--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 annually
provide to each employee of the Department training regarding
whistleblower complaints, including--
``(1) an explanation of each method established by law in
which an employee may file a whistleblower complaint;
``(2) an explanation of prohibited personnel actions
described by section 743(c) of this title;
``(3) with respect to supervisors, how to treat
whistleblower complaints in accordance with section 742 of this
title;
``(4) the right of the employee to petition Congress
regarding a whistleblower complaint in accordance with section
7211 of title 5;
``(5) an explanation that the employee may not be
prosecuted or reprised against for disclosing information to
Congress in instances where such disclosure is permitted by
law, including under sections 5701, 5705, and 7332 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);
``(6) 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
``(7) the right of contractors to be protected from
reprisal for the disclosure of certain information under
section 4705 or 4712 of title 41.
``(b) Certification.--The Secretary shall annually provide training
on merit system protection in a manner that the Special Counsel
certifies as being satisfactory.
``(c) Publication.--(1) 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 file a whistleblower
complaint, including the information described in paragraphs (1)
through (7) of subsection (a).
``(2) The Secretary shall publish on the Internet website of the
Department, the whistleblower complaint form described in section
742(g)(2).
``Sec. 746. Notice to Congress
``Not later than 30 days after the date on which the Secretary
receives from the Special Counsel information relating to a
whistleblower complaint pursuant to section 1213 of title 5, the
Secretary shall notify the Committees on Veterans' Affairs of the House
of Representatives and the Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the Committee on
Homeland Security and Governmental Affairs of the Senate and each
Member of Congress representing a district in the State or territory
where a facility relevant to the whistleblower complaint is located of
such information, including the determination made by the Special
Counsel.''.
(b) Conforming and Clerical Amendments.--
(1) Conforming amendment.--Such chapter is further amended
by inserting before section 701 the following:
``SUBCHAPTER I--GENERAL EMPLOYEE MATTERS''.
(2) Clerical amendments.--The table of sections at the
beginning of such chapter is amended--
(A) by inserting before the item relating to
section 701 the following new item:
``subchapter i--general employee matters'';
and
(B) by adding at the end the following new items:
``subchapter ii--whistleblower complaints
``741. Whistleblower complaint defined.
``742. Treatment of whistleblower complaints.
``743. Adverse actions against supervisory employees who commit
prohibited personnel actions relating to
whistleblower complaints.
``744. Evaluation criteria of supervisors and treatment of bonuses.
``745. Training regarding whistleblower complaints.
``746. Notice to Congress.''.
SEC. 10. APPEALS REFORM.
(a) Definitions.--Section 101 of title 38, United States Code, is
amended by adding at the end the following new paragraphs:
``(34) The term `Agency of Original Jurisdiction' means the
activity which entered the original determination with regard
to a claim for benefits under this title.
``(35) The term `relevant evidence' means evidence that
tends to prove or disprove a matter in issue.''.
(b) Notice to Claimants of Required Information and Evidence.--
Section 5103 of title 38, United States Code, is amended--
(1) in subsection (a)(2)(B)(i) by striking ``, a claim for
reopening a prior decision on a claim, or a claim for an
increase in benefits;'' and inserting ``or a supplemental
claim;''; and
(2) in subsection (b) by adding at the end the following
new paragraph:
``(6) Nothing in this section shall require notice to be
sent for a supplemental claim that is filed within the
timeframe set forth in subsections (a)(2)(B) and (a)(2)(D) of
section 5110 of this title.''.
(c) Rule With Respect to Disallowed Claims.--Section 5103A(f) of
title 38, United States Code, is amended to read as follows:
``(f) Rule With Respect to Disallowed Claims.--Nothing in this
section shall be construed to require the Secretary to readjudicate a
claim that has been disallowed except when new and relevant evidence is
presented or secured, as described in section 5108 of this title.''.
(d) Other Matters.--Chapter 51 of title 38, United States Code, is
amended by inserting after section 5103A the following new sections:
``Sec. 5103B. Applicability of duty to assist
``(a) Time Frame.--The Secretary's duty to assist under section
5103A of this title shall apply only to a claim, or supplemental claim,
for a benefit under a law administered by the Secretary until the time
that a claimant is provided notice of the decision of the agency of
original jurisdiction decision with respect to such claim, or
supplemental claim, under section 5104 of this title.
``(b) Non-Applicability to Certain Reviews and Appeals.--The
Secretary's duty to assist under section 5103A of this title shall not
apply to higher-level review by the agency of original jurisdiction,
pursuant to section 5104B of this title, or to review on appeal by the
Board of Veterans' Appeals.
``(c) Correction of Duty To Assist Errors.--(1) If, during review
of the decision of the agency of original jurisdiction under section
5104B of this title, the higher-level reviewer identifies an error on
the part of the agency of original jurisdiction to satisfy its duties
under section 5103A of this title, and that error occurred prior to the
decision of the agency of original jurisdiction being reviewed, the
higher-level reviewer shall return the claim for correction of such
error and readjudication unless the claim can be granted in full.
``(2) If the Board, during review on appeal of a decision of the
agency of original jurisdiction decision, identifies an error on the
part of the agency of original jurisdiction to satisfy its duties under
section 5103A of this title, and that error occurred prior to the
decision of the agency of original jurisdiction on appeal, the Board
shall remand the claim to the agency of original jurisdiction for
correction of such error and readjudication unless the claim can be
granted in full. Remand for correction of such error may include
directing the agency of original jurisdiction to obtain an advisory
medical opinion under section 5109 of this title.
``Sec. 5104A. Binding nature of favorable findings
``Any finding favorable to the claimant as described in section
5104(b)(4) of this title shall be binding on all subsequent
adjudicators within the department, unless clear and convincing
evidence is shown to the contrary to rebut such favorable finding.
``Sec. 5104B. Higher-level review by the agency of original
jurisdiction
``(a) In General.--The claimant may request a review of the
decision of the agency of original jurisdiction by a higher-level
adjudicator within the jurisdiction of the agency of original
jurisdiction.
``(b) Time and Manner of Request.--A request for higher-level
review by the agency of original jurisdiction must be in writing in the
form prescribed by the Secretary and made within 1 year of the notice
of the decision of the agency of original jurisdiction. Such request
may specifically indicate whether such review is requested by a higher-
level adjudicator at the same office within the agency of original
jurisdiction or by an adjudicator at a different office of the agency
of original jurisdiction.
``(c) Decision.--Notice of a higher-level review decision under
this section shall be provided in writing.
``(d) Evidentiary Record for Review.--The evidentiary record before
the higher-level reviewer shall be limited to the evidence of record in
the decision of the agency of original jurisdiction being reviewed.
``(e) De Novo Review.--Higher-level review under this section shall
be de novo.''.
(e) Notice of Decisions.--Section 5104(b) of title 38, United
States Code, is amended to read as follows:
``(b) In any case where the Secretary denies a benefit sought, the
notice required by subsection (a) shall also include--
``(1) identification of the issues adjudicated;
``(2) a summary of the evidence considered by the
Secretary;
``(3) a summary of the applicable laws and regulations;
``(4) identification of findings favorable to the claimant;
``(5) identification of elements not satisfied leading to
the denial;
``(6) an explanation of how to obtain or access evidence
used in making the decision; and
``(7) if applicable, identification of the criteria that
must be satisfied to grant service connection or the next
higher level of compensation.''.
(f) Supplemental Claims.--Section 5108 of title 38, United States
Code, is amended to read as follows:
``Sec. 5108. Supplemental claims
``If new and relevant evidence is presented or secured with respect
to a supplemental claim, the Secretary shall readjudicate the claim
taking into consideration any evidence added to the record prior to the
former disposition of the claim.''.
(g) Remands for Medical Opinions.--Section 5109 of title 38, United
States Code, is amended by adding at the end the following new
subsection:
``(d) The Board of Veterans' Appeals may remand a claim to direct
the agency of original jurisdiction to obtain an advisory medical
opinion under this section to correct an error on the part of the
agency of original jurisdiction to satisfy its duties under section
5103A of this title when such error occurred prior to the decision of
the agency of original jurisdiction on appeal. The Board's remand
instructions shall include the questions to be posed to the independent
medical expert providing the advisory medical opinion.''.
(h) Effective Dates of Awards.--Section 5110 of title 38, United
States Code, is amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
``(a)(1) Unless specifically provided otherwise in this chapter,
the effective date of an award based on an initial claim, or a
supplemental claim, of compensation, dependency and indemnity
compensation, or pension, shall be fixed in accordance with the facts
found, but shall not be earlier than the date of receipt of application
therefor.
``(2) For purposes of applying the effective date rules in this
section, the date of application shall be considered the date of the
filing of the initial application for a benefit provided that the claim
is continuously pursued by filing any of the following either alone or
in succession:
``(A) A request for higher-level review under section 5104B
of this title within 1 year of an agency of original
jurisdiction decision.
``(B) A supplemental claim under section 5108 of this title
within 1 year of an agency of original jurisdiction decision.
``(C) A notice of disagreement within 1 year of an agency
of original jurisdiction decision.
``(D) A supplemental claim under section 5108 of this title
within 1 year of a decision of the Board of Veterans' Appeals.
``(3) Except as otherwise provided in this section, for
supplemental claims received more than 1 year after an agency of
original jurisdiction decision or a decision by the Board of Veterans'
Appeals, the effective date shall be fixed in accordance with the facts
found, but shall not be earlier than the date of receipt of the
supplemental claim.''; and
(2) in subsection (i) by--
(A) striking ``reopened'' and inserting
``readjudicated'';
(B) striking ``material'' and inserting
``relevant''; and
(C) striking ``reopening'' and inserting
``readjudication''.
(i) Definition of Award or Increased Reward.--Section 5111(d)(1) of
title 38, United States Code, is amended by striking ``or reopened
award;'' and inserting ``award or award based on a supplemental
claim;''.
(j) Recognition of Agents and Attorneys Generally.--Section 5904 of
title 38, United States Code, is amended--
(1) in subsection (c)(1) by striking ``notice of
disagreement is filed'' and inserting ``claimant is provided
notice of the initial decision of the agency of original
jurisdiction under section 5104 of this title''; and
(2) in subsection (c)(2) by striking ``notice of
disagreement is filed'' and inserting ``claimant is provided
notice of the initial decision of the agency of original
jurisdiction under section 5104 of this title''.
(k) Correction of Obvious Errors.--Section 7103 of title 38, United
States Code, is amended--
(1) in subsection (b)(1)(A) by striking ``heard'' and
inserting ``decided''; and
(2) in subsection (b)(1)(B) by striking ``heard'' and
inserting ``decided''.
(l) Jurisdiction of Board.--Section 7104(b) of title 38, United
States Code, is amended by striking ``reopened'' and inserting
``readjudicated''.
(m) Filing of Appeal.--Section 7105 of title 38, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking the first sentence and inserting
``Appellate review will be initiated by the filing of a
notice of disagreement in the form prescribed by the
Secretary.''; and
(B) by striking ``hearing and'';
(2) by amending subsection (b) to read as follows:
``(b)(1) Except in the case of simultaneously contested claims,
notice of disagreement shall be filed within 1 year from the date of
the mailing of notice of the decision of the agency of original
jurisdiction under section 5104, 5104B, or 5108 of this title. A notice
of disagreement postmarked before the expiration of the 1-year period
will be accepted as timely filed. A question as to timeliness or
adequacy of the notice of disagreement shall be decided by the Board.
``(2) Notices of disagreement must be in writing, must set out
specific allegations of error of fact or law, and may be filed by the
claimant, the claimant's legal guardian, or such accredited
representative, attorney, or authorized agent as may be selected by the
claimant or legal guardian. Not more than one recognized organization,
attorney, or agent will be recognized at any one time in the
prosecution of a claim. Notices of disagreement must be filed with the
Board.
``(3) The notice of disagreement shall indicate whether the
claimant requests a hearing before the Board, requests an opportunity
to submit additional evidence without a Board hearing, or requests
review by the Board without a hearing or submission of additional
evidence. If the claimant does not expressly request a Board hearing in
the notice of disagreement, no Board hearing will be held.'';
(3) by amending subsection (c) to read as follows:
``(c) If no notice of disagreement is filed in accordance with this
chapter within the prescribed period, the action or decision of the
agency of original jurisdiction shall become final and the claim will
not thereafter be readjudicated or allowed, except as may otherwise be
provided by section 5104B or 5108 of this title or regulations not
inconsistent with this title.'';
(4) by striking subsections (d)(1) through (d)(5);
(5) by adding a new subsection (d) to read as follows:
``(d) The Board of Veterans' Appeals may dismiss any appeal which
fails to allege specific error of fact or law in the decision being
appealed.''; and
(6) by striking subsection (e).
(n) Simultaneously Contested Claims.--Subsection (b) of section
7105A of title 38, United States Code, is amended to read as follows:
``(b) The substance of the notice of disagreement shall be
communicated to the other party or parties in interest and a period of
30 days shall be allowed for filing a brief or argument in response
thereto. Such notice shall be forwarded to the last known address of
record of the parties concerned, and such action shall constitute
sufficient evidence of notice.''.
(o) Administrative Appeals.--Strike section 7106 of title 38,
United States Code.
(p) Dockets and Hearings.--Section 7107 of title 38, United States
Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) The Board shall maintain two separate dockets. A non-hearing
option docket shall be maintained for cases in which no Board hearing
is requested and no additional evidence will be submitted. A separate
and distinct hearing option docket shall be maintained for cases in
which a Board hearing is requested in the notice of disagreement or in
which no Board hearing is requested, but the appellant requests, in the
notice of disagreement, an opportunity to submit additional evidence.
Except as provided in subsection (b), each case before the Board will
be decided in regular order according to its respective place on the
Board's non-hearing option docket or the hearing option docket.'';
(2) by amending subsection (b) to read as follows:
``(b) A case on either the Board's non-hearing option docket or
hearing option docket, may, for cause shown, be advanced on motion for
earlier consideration and determination. Any such motion shall set
forth succinctly the grounds upon which the motion is based. Such a
motion may be granted only--
``(1) if the case involves interpretation of law of general
application affecting other claims;
``(2) if the appellant is seriously ill or is under severe
financial hardship; or
``(3) for other sufficient cause shown.'';
(3) by amending subsection (c) to read as follows:
``(c)(1) For cases on the Board hearing option docket in which a
hearing is requested in the notice of disagreement, the Board shall
notify the appellant whether a Board hearing will be held--
``(A) at its principal location, or
``(B) by picture and voice transmission at a facility of
the Department where the Secretary has provided suitable
facilities and equipment to conduct such hearings.
``(2)(A) Upon notification of a Board hearing at the Board's
principal location as described in subsection (c)(1)(A) of this
section, the appellant may alternatively request a hearing as described
in subsection (c)(1)(B) of this section. If so requested, the Board
shall grant such request.
``(B) Upon notification of a Board hearing by picture and voice
transmission as described in subsection (c)(1)(B) of this section, the
appellant may alternatively request a hearing as described in
subsection (c)(1)(A) of this section. If so requested, the Board shall
grant such request.''; and
(4) by striking subsections (d) and (e) and redesignating
subsection (f) as subsection (d).
(q) Independent Medical Opinions.--Strike section 7109 of title 38,
United States Code.
(r) Revision of Decisions on Grounds of Clear and Unmistakable
Error.--Section 7111(e) of title 38, United States Code, is amended by
striking ``merits, without referral to any adjudicative or hearing
official acting on behalf of the Secretary.'' and inserting
``merits.''.
(s) Evidentiary Record.--Chapter 71 of title 38, United States
Code, is amended by adding the following new section:
``Sec. 7113. Evidentiary record before the board
``(a) Non-Hearing Option Docket.--For cases in which a Board
hearing is not requested in the notice of disagreement, the evidentiary
record before the Board shall be limited to the evidence of record at
the time of the agency of original jurisdiction decision on appeal.
``(b) Hearing Option Docket.--(1) Except as provided in paragraph
(2), for cases on the hearing option docket in which a hearing is
requested in the notice of disagreement, the evidentiary record before
the Board shall be limited to the evidence of record at the time of the
agency of original jurisdiction decision on appeal.
``(2) The evidentiary record before the Board for cases on the
hearing option docket in which a hearing is requested, shall include
each of the following, which the Board shall consider in the first
instance--
``(A) evidence submitted by the appellant and his or her
representative, if any, at the Board hearing; and
``(B) evidence submitted by the appellant and his or her
representative, if any, within 90 days following the Board
hearing.
``(3)(A) Except as provided in subparagraph (B) of this paragraph,
for cases on the hearing option docket in which a hearing is not
requested in the notice of disagreement, the evidentiary record before
the Board shall be limited to the evidence considered by the agency of
original jurisdiction in the decision on appeal.
``(B) The evidentiary record before the Board for cases on the
hearing option docket in which a hearing is not requested, shall
include each of the following, which the Board shall consider in the
first instance--
``(i) evidence submitted by the appellant and his or her
representative, if any, with the notice of disagreement; and
``(ii) evidence submitted by the appellant and his or her
representative, if any, within 90 days following receipt of the
notice of disagreement.''.
(t) Conforming Amendment.--The heading of section 7105 is amended
by striking ``notice of disagreement and''.
(u) Clerical Amendments.--
(1) Chapter 51.--The table of sections at the beginning of
chapter 51 of title 38, United States Code, is amended--
(A) by inserting after the item relating to section
5103A the following new item:
``5103B. Applicability of duty to assist.'';
(B) by inserting after the item relating to section
5104 the following new items:
``5104A. Binding nature of favorable findings.
``5104B. Higher-level review by the agency of original jurisdiction.'';
and
(C) by striking the item relating to section 5108
and inserting the following new item:
``5108. Supplemental claims.''.
(2) Chapter 71.--The table of sections at the beginning of
chapter 71 of title 38, United States Code, is amended--
(A) by striking the item relating to section 7105
and inserting the following new item:
``7105. Filing of appeal.'';
(B) by striking the item relating to section 7106;
(C) by striking the item relating to section 7109;
and
(D) by adding at the end the following new item:
``7113. Evidentiary record before the Board.''.
SEC. 11. LIMITATION ON AWARDS AND BONUSES PAID TO SENIOR EXECUTIVE
EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS.
Section 705 of the Veterans Access, Choice, and Accountability Act
of 2014 (Public Law 113-146; 38 U.S.C. 703 note) is amended by striking
the period at the end and inserting the following: ``, except that
during each of fiscal years 2017 through 2021, no award or bonus may be
paid to any employee of the Department of Veterans Affairs who is a
member of the Senior Executive Service.''.
SEC. 12. 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.''.
SEC. 13. SENSE OF CONGRESS REGARDING AMERICAN VETERANS DISABLED FOR
LIFE.
(a) Findings.--Congress finds the following:
(1) There are at least 3.6 million 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.
SEC. 14. 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''.
SEC. 15. 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 2 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.
SEC. 16. 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.''.
SEC. 17. 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;
(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.
SEC. 18. 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 2
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.
SEC. 19. 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.''.
SEC. 20. 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 5-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.
SEC. 21. 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''.
SEC. 22. 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''.
SEC. 23. 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).
SEC. 24. 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.
SEC. 25. 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 1 year after the date of
the enactment of this Act, and annually thereafter during the
5-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 1-
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 1-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.
Passed the House of Representatives September 14, 2016.
Attest:
KAREN L. HAAS,
Clerk.