[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2679 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2679
To strengthen accountability and oversight at the Department of
Veterans Affairs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27, 2023
Mr. Tester (for himself, Mr. Moran, and Mr. Rounds) introduced the
following bill; which was read twice and referred to the Committee on
Veterans' Affairs
_______________________________________________________________________
A BILL
To strengthen accountability and oversight at the Department of
Veterans Affairs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Leadership,
Engagement, Accountability, and Development Act of 2023'' or the ``LEAD
Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ACCOUNTABILITY AND ADVERSE ACTIONS
Sec. 101. Establishment of system and standards for accountability and
adverse actions.
Sec. 102. Establishment of Office of Transparency, Engagement,
Accountability, and Management in Veterans
Health Administration.
Sec. 103. Department of Veterans Affairs accountability, management,
and leadership survey.
Sec. 104. Establishment of administrative investigation board and other
accountability actions database.
Sec. 105. Report on accountability actions of Department of Veterans
Affairs.
Sec. 106. Report on views of Secretary of Veterans Affairs on need for
additional legislative action to improve
accountability, due process, and
whistleblower protection at Department of
Veterans Affairs.
TITLE II--OVERSIGHT OF HEALTH CARE
Sec. 201. Oversight visit requirements for medical facilities of
Department of Veterans Affairs.
Sec. 202. Establishment of Office of the Medical Inspector of
Department of Veterans Affairs.
Sec. 203. Inclusion of officials within Office of the Under Secretary
for Health.
Sec. 204. Mobile temporary health staffing program to ensure access and
continuity of care.
TITLE III--WHISTLEBLOWER PROTECTIONS AND EMPLOYEE ACCOUNTABILITY
Sec. 301. Strengthening whistleblower protections at Department of
Veterans Affairs.
Sec. 302. Report on implementation of provisions of law relating to
accountability and whistleblower
protections at Department of Veterans
Affairs.
Sec. 303. Peer review of investigations by Office of Accountability and
Whistleblower Protection of Department of
Veterans Affairs.
Sec. 304. Reports on improvements to adherence to recommendations of
Office of Accountability and Whistleblower
Protection.
Sec. 305. Report on Department of Veterans Affairs actions in response
to preliminary observations in Comptroller
General of the United States report on
Department whistleblower retaliation.
Sec. 306. Modification to responsibilities and authorities of Assistant
Secretary for Accountability and
Whistleblower Protection.
TITLE IV--IMPROVING SECURITY, OVERSIGHT, ACCOUNTABILITY, AND MANAGEMENT
OF DEPARTMENT OF VETERANS AFFAIRS
Sec. 401. Plan to consolidate and centralize security operations of
Department of Veterans Affairs to improve
management, clarify accountability, and
strengthen effectiveness.
Sec. 402. Report on enterprise risk management efforts of Department of
Veterans Affairs.
Sec. 403. Modification of reporting requirement for Secretary of
Veterans Affairs annual report on
implementation of recommendations of
Comptroller General of the United States
pertaining to Department of Veterans
Affairs.
Sec. 404. Annual Hatch Act training program at Department of Veterans
Affairs.
Sec. 405. Independent study regarding management structures of
Department of Veterans Affairs.
TITLE I--ACCOUNTABILITY AND ADVERSE ACTIONS
SEC. 101. ESTABLISHMENT OF SYSTEM AND STANDARDS FOR ACCOUNTABILITY AND
ADVERSE ACTIONS.
Subchapter I of chapter 7 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 729. Accountability and adverse action system and standards
``(a) System and Standards.--Not later than one year after the date
of the enactment of the Leadership, Engagement, Accountability, and
Development Act of 2023, the Secretary shall establish a system and
standards for accountability and adverse action preparation and
proposal (hereafter referred to as `standards').
``(b) Requirements.--In carrying out subsection (a), the Secretary
shall--
``(1) determine distinct steps and processes whereby any
adverse action is investigated, prepared, and proposed for an
employee of the Department;
``(2) develop and distribute training on the processes
determined pursuant to paragraph (1), which shall be a required
annual training across the enterprise and may differ for each
employee based on the seniority, role, and Administration
within the Department of the employee;
``(3) collect and distribute best practices and resources
on accountability reporting and investigations, preparation,
and proposal of adverse actions for human resources offices of
the Department, the Office of General Counsel, and heads of
facilities and offices of the Department, including relevant
regional offices, to distribute to their relevant staff across
the enterprise; and
``(4) monitor the implementation of the standards at
facilities of the Department, including monitoring--
``(A) the number of adverse actions issued versus
number overturned in the three fiscal years prior;
``(B) metrics for the time taken from allegation of
improper conduct or performance raised to an official
proposal being issued;
``(C) quality, frequency, and comprehension of
training, information, and education provided to
employees regarding accountability and adverse actions;
``(D) percentage of staff that completed the
training developed and distributed pursuant to
paragraph (2) over the past three fiscal years;
``(E) number of external and internal
investigations that resulted in at least one
substantiated claim of a prohibited personnel action
set forth under section 731(c) of this title;
``(F) responses to relevant surveys conducted by
the Department, including those established by section
103 of the LEAD Act of 2023;
``(G) grievances filed by labor organizations
relative to the number of collective bargaining unit
employees and whether or not they were adjudicated in
favor of the labor organization; and
``(H) such other factors as the Secretary considers
appropriate to monitor the accountability and due
process culture of facilities, offices,
Administrations, and other relevant elements of the
Department; and
``(c) Consultation.--In carrying out this section, the Secretary
shall consult with the following:
``(1) Representatives of labor organizations.
``(2) The Inspector General of the Department.
``(3) The Assistant Secretary for Accountability and
Whistleblower Protection.
``(4) The Assistant Under Secretary for Health for
Transparency, Engagement, Accountability, and Management.
``(5) Employees of the Department across the enterprise.
``(6) The Comptroller General of the United States.
``(7) The Special Counsel.
``(8) Such others as the Secretary considers appropriate.
``(d) Definition of Adverse Action.--(1) In this section, the term
`adverse action' means a personnel action taken by the Department
against an employee of the Department.
``(2) Term `adverse action' includes a removal, demotion,
suspension, and any other relevant significant personnel action taken
by the Department against an employee of the Department.''.
(a) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is amended by inserting after the item relating
to section 728 the following new item:
``729. Accountability and adverse action system and standards.''.
SEC. 102. ESTABLISHMENT OF OFFICE OF TRANSPARENCY, ENGAGEMENT,
ACCOUNTABILITY, AND MANAGEMENT IN VETERANS HEALTH
ADMINISTRATION.
(a) Establishment.--
(1) In general.--Subchapter I of chapter 73 of title 38,
United States, Code, is amended by inserting after section 7306
the following new section:
``Sec. 7306A. Office of Transparency, Engagement, Accountability, and
Management
``(a) Establishment.--There is established in the Veterans Health
Administration an office to be known as the `Office of Transparency,
Engagement, Accountability, and Management' or the `TEAM Office' (in
this section referred to as the `Office').
``(b) Head of Office.--
``(1) In general.--The head of the Office shall be
responsible for the functions of the Office and shall be
appointed by the Under Secretary for Health from among
individuals qualified to perform the duties of the position.
``(2) Director.--The head of the Office shall be known as
the `Director of the Office of Transparency, Engagement,
Accountability, and Management' or the `Director of the TEAM
Office' and shall report directly to the Under Secretary for
Health.
``(c) Functions.--The functions of the Office shall include the
following:
``(1) Tracking recommendations related to the Veterans
Health Administration, and other relevant recommendations, made
by the Office of the Medical Inspector (established under
section 7306B of this title), the Inspector General of the
Department, the Comptroller General of the United States, the
Office of Special Counsel, the Joint Commission, and other
relevant internal and external investigative and oversight
bodies, to ensure individual and relevant system-wide
compliance with and adoption of those recommendations.
``(2) To ensure compliance with those recommendations, the
following:
``(A) Following up with relevant departments and
program offices of the Veterans Health Administration,
Veterans Integrated Service Networks, medical centers,
and other facilities to which those recommendations
were made.
``(B) Sharing knowledge of those recommendations
and directing corrective policy actions across the
Veterans Health Administration so as to aid other
offices, facilities, and other entities in avoiding
repetition of the issues that required those
recommendations.
``(3) Ensuring consistency and reducing variation in
delivery of health care and related services by the Veterans
Health Administration (whether direct care or through any
contract or agreement) and adherence to national policies
across the country.
``(4) Conducting regular proactive and reactive in-person
and virtual oversight visits to check adherence to all
applicable policies, regulations, and guidance of the
Department.
``(5) Using internal and external data related to health
quality, safety, access, satisfaction, staffing, and other
areas with respect to health care from the Department to
monitor and discover risks and challenges before they become
larger issues and proactively direct changes, including by
providing direction and recommendations to the central office
of the Veterans Health Administration, Veterans Integrated
Service Networks, medical centers, and other facilities and
sub-units to address quality, safety, access, satisfaction,
staffing, and other health care delivery performance
priorities.
``(6) Soliciting feedback to seek areas of improvement of
delivery of health care to veterans, including from individual
veterans and their families, veterans service organizations,
labor organizations, and employees across all levels of the
Department.
``(7) Proactive sharing of best practices and challenges
identified across the Veterans Health Administration with the
appropriate leadership at every level of the Veterans Health
Administration.
``(8) Monitoring for, and incorporating best practices in,
health quality, safety, access, satisfaction, staffing,
compliance, and risk management in public, private, and non-
profit health settings and providing guidance for the Veterans
Health Administration to incorporate those relevant best
practices.
``(9) Instilling a proactive approach to leadership at
every level of the Veterans Health Administration, including
the central office, Veterans Integrated Service Networks,
medical centers, and other facilities and sub-units.
``(d) Consultation.--In establishing the Office and carrying out
the functions of the Office, the Under Secretary shall consult with the
Comptroller General of the United States and the Inspector General of
the Department to ensure the Office draws upon best practices
identified across the Federal Government and recommendations of the
Comptroller General and the Inspector General.
``(e) Reorganization.--The Under Secretary may reorganize other
offices within the Veterans Health Administration to operate under the
purview of the Office if the Under Secretary notifies Congress in
advance of such reorganization.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 7306 the following new item:
``7306A. Office of Transparency, Engagement, Accountability, and
Management.''.
(b) Coordination With Stakeholders.--
(1) In general.--In establishing the Office of
Transparency, Engagement, Accountability, and Management under
section 7306A of title 38, United States Code, as added by
subsection (a)(1), the Under Secretary for Health of the
Department of Veterans Affairs shall solicit formal written
feedback from labor organizations, veterans service
organizations, and other appropriate entities.
(2) Report.--Not later than 180 days after soliciting
formal written feedback under paragraph (1), the Under
Secretary shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House
of Representatives a report containing any recommendations
obtained under such paragraph, including feedback on whether or
not the Under Secretary intends to follow any such
recommendations and explanations for why the Under Secretary
does not intend to follow any such recommendations.
(c) Reorganization.--
(1) In general.--As part of the establishment of the Office
of Transparency, Engagement, Accountability, and Management
under section 7306A of title 38, United States Code, as added
by subsection (a)(1), not later than two years after the date
of the enactment of this Act, the Secretary of Veterans Affairs
and the Under Secretary for Health of the Department of
Veterans Affairs, in consultation with the Comptroller General
of the United States and the Inspector General of the
Department of Veterans Affairs, shall reorganize into a
cohesive office with relevant sub-offices consistent with best
practices of the Comptroller General for internal controls and
management the various relevant disparate oversight functions
within the Veterans Health Administration that have some
portion of responsibility for--
(A) health care quality, safety, and risk;
(B) proactive safety and quality improvements;
(C) reactive safety and quality improvements;
(D) access to care;
(E) consistency of care delivery and quality;
(F) adherence to national standards, policy,
protocols, laws, and regulations;
(G) quality and safety data collection and
monitoring; and
(H) such other matters as the Secretary determines
appropriate.
(2) Reduction of duplication.--In carrying out the
reorganization required under paragraph (1), the Under
Secretary for Health of the Department of Veterans Affairs
shall--
(A) reduce duplication of functions in the various
offices reorganized under such paragraph;
(B) clarify reporting structures and
responsibilities; and
(C) ensure the establishment of a centralized,
proactive, and accountable office dedicated to the
functions outlined in section 7306A(c) of title 38,
United States Code, as added by subsection (a)(1).
(3) Offices included.--At a minimum, the offices that shall
be subsumed and restructured under the Office of Transparency,
Engagement, Accountability, and Management under section 7306A
of title 38, United States Code, as added by subsection (a)(1),
as part of the reorganization required under paragraph (1)
shall include, from within the Veterans Health Administration--
(A) the Office of Oversight, Risk, and Ethics;
(B) relevant portions or full offices from--
(i) the Office of Risk Management;
(ii) the Office of Clinical Services;
(iii) the Office of Patient Care Services;
(iv) the Office of Operations; and
(v) the Office of Quality and Patient
Safety; and
(C) the Office of the Medical Inspector under
section 7306B of title 38, United States Code, as added
by section 202(a), solely for purposes of
organizational efficiency and economies of scale.
(4) Report.--
(A) In general.--Not later than two years after the
date of the enactment of this Act, the Secretary of
Veterans Affairs shall submit to the appropriate
committees of Congress a report on the completion of
the reorganization required under paragraph (1).
(B) Elements.--The report required by subparagraph
(A) shall include--
(i) a description of the reorganization
required under paragraph (1) that the Under
Secretary for Health of the Department of
Veterans Affairs has carried out and the
reasoning for the various structures
established and how those structures will
improve accountability, efficiency, management,
leadership, care delivery, and oversight;
(ii) a description of any challenges, and a
response to those challenges, encountered in
conducting such reorganization;
(iii) recommendations for such legislative
or administrative action as the Secretary
considers appropriate to fully implement such
reorganization, including additional
authorities or resources; and
(iv) a description of any reasons why
offices listed under paragraph (2) were not
consolidated and how that decision will not
affect accountability, efficiency, care
delivery, and oversight.
(C) Appropriate committees of congress defined.--In
this paragraph, the term ``appropriate committees of
Congress'' means--
(i) the Committee on Veterans' Affairs and
the Committee on Appropriations of the Senate;
and
(ii) the Committee on Veterans' Affairs and
the Committee on Appropriations of the House of
Representatives.
SEC. 103. DEPARTMENT OF VETERANS AFFAIRS ACCOUNTABILITY, MANAGEMENT,
AND LEADERSHIP SURVEY.
(a) Biennial Survey Required.--Starting not less than 180 days
after the date of the enactment of this Act and not less than once
every two years thereafter, the Secretary of Veterans Affairs shall
conduct a voluntary anonymous accountability, management, and
leadership survey open to all employees of the Department of Veterans
Affairs.
(b) Anonymity.--The Secretary shall ensure the following:
(1) Feedback collected and data compiled under this section
is only to be disaggregated by--
(A) whether an employee is in a Senior Executive
Service position (as such term is defined in section
3132(a) of title 5, United States Code) or other
equivalent position or not; and
(B) Administration (namely Veterans Health
Administration, National Cemetery Administration,
Veterans Benefits Administration, and Central Office of
the Department) or staff office or other entity where a
survey participant is employed.
(2) In carrying out paragraph (1), the granularity of data
collected is not recorded or collected in a manner to allow the
identification of employees within any unit of the Department
which contains a relatively smaller number of employees and
whose identities could potentially be ascertained.
(3) Feedback collected and data compiled under this section
does not include any personally identifiable information.
(4) The protections for participants provided under this
subsection are clearly made known within the survey and in
educational and training material informing employees of the
Department about the survey.
(c) Elements.--
(1) In general.--As part of the voluntary anonymous survey
required by subsection (a), the Secretary shall inquire about
the following:
(A) The knowledge level and understanding of
employees regarding reporting and accountability
structures within and outside of the Department
regarding employment concerns, issues of waste, fraud,
and abuse and other related matters.
(B) The knowledge level and understanding of
employees regarding whistleblower protections including
protections against prohibited personnel actions
described in section 731(c) of title 38, United States
Code.
(C) The knowledge level and understanding of
employees regarding where to seek assistance with equal
employment opportunity, harassment, and other related
matters.
(D) The knowledge level and understanding of how to
report information to the Office of Inspector General
of the Department, the Office of the Medical Inspector
established by section 7306B of title 38, United States
Code, as added by section 202, the Office of
Accountability and Whistleblower Protection, the Office
of Special Counsel, the Comptroller General of the
United States, and related entities.
(E) To what extent employees feel comfortable
reporting areas of concern to an individual in the
supervisory chain of the employee.
(F) If the employee has reported areas of concern
within their supervisor chain in the past, to what
extent the employee feels the report was taken
seriously and addressed.
(G) If the employee has reported areas of concern
to a representative of a labor organization, to what
extent the employee feels the labor organization was
able to address it.
(H) The opinions and comments of survey
participants on any topic the participants consider
appropriate.
(I) Such other matters the Secretary considers
appropriate.
(2) Information and resources.--At the end of each survey
required by subsection (a), the Department shall provide
employees with information and resources regarding the
following:
(A) How to reach out to their appropriate labor
representatives, where applicable.
(B) Resources and information on the legal
protections for whistleblowers.
(C) Reporting information to the Office of
Inspector General of the Department, the Office of the
Medical Inspector established by section 301, the
Office of Accountability and Whistleblower Protection,
the Office of Special Counsel, the Comptroller General
of the United States, and related entities.
(3) Responses not required.--The Secretary shall not
require an employee who chooses to participate in the survey to
respond to every question of the survey required by subsection
(a).
(d) Reports to Congress.--
(1) Report required.--Not later than 180 after the date of
the completion of the initial survey conducted pursuant to
subsection (a) and each survey conducted thereafter, the
Department shall submit to the Committee on Veterans' Affairs
of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report on the survey.
(2) Elements.--Each report submitted pursuant to paragraph
(1) regarding a survey shall include the following,
disaggregated as described in subsection (b)(1):
(A) A copy of the survey as it was presented,
including any variations depending on employee status
and Administration, staff office, or related element of
the Department.
(B) The survey response rate.
(C) A description of outreach the Department
conducted to notify employees of the survey and solicit
responses.
(D) A description of incentives provided to
employees for responding to the survey or workplace
accommodations made for employees to respond to the
survey during working hours.
(E) A description of safeguards instituted to
ensure employee anonymity.
(F) Conclusions, recommendations, and plans of
action based on survey responses to improve
accountability, due process, employee retention and
development, and leadership and management at the
Department.
(e) Coordination With Third Parties.--The Secretary may enlist a
reputable non-Department entity to develop, conduct, and analyze the
surveys.
(f) Coordination With Community and Labor Organizations.--The
Secretary shall solicit formal written feedback from labor organization
partners and other appropriate entities regarding the contents of the
surveys conducted pursuant to subsection (a) and the data analysis of
each survey. The Secretary shall share these recommendations with the
committees described in subsection (d)(1) and include feedback on
whether or not the Secretary intends to follow the recommendations and
explanations for any recommendations the Secretary does not follow.
(g) Termination.--The requirements of this section shall terminate
on the date that is five years after the date of the enactment of this
Act, but the Secretary may continue conducting surveys under this
section as the Secretary considers appropriate.
(h) Definition of Whistleblower.--In this section, the term
``whistleblower'' has the meaning given such term in section 323 of
title 38, United States Code, as amended by this Act.
SEC. 104. ESTABLISHMENT OF ADMINISTRATIVE INVESTIGATION BOARD AND OTHER
ACCOUNTABILITY ACTIONS DATABASE.
(a) In General.--Subchapter I of chapter 7 of title 38, United
States Code, as amended by section 101, is further amended by adding at
the end the following new section:
``Sec. 729A. Administrative investigation board and other
accountability actions database
``(a) Establishment.--The Secretary shall establish a central,
access-controlled, and secure database to make administrative
investigation board information, and other official investigatory
process information, accessible for relevant officials of the
Department for the purposes of--
``(1) reviewing an employee who is under consideration for
promotion or rehire and who was the subject of an
administrative investigation board or other official
investigatory process;
``(2) monitoring trends and challenges, including with
respect to management and accountability; and
``(3) enabling relevant authorized officials of--
``(A) the Office of the Secretary and the Deputy
Secretary and non-Administration offices of the Central
Office of the Department to attain visibility and
insight into the accountability actions and
investigations of the headquarters of the Department
for purposes of management and oversight;
``(B) Veterans Integrated Service Networks and the
central office of the Veterans Health Administration to
attain visibility and insight into the accountability
actions and investigations of the Department medical
centers and other relevant sub-facilities for the
purposes of management and oversight;
``(C) the central office of the Veterans Benefits
Administration to attain visibility and insight into
the accountability actions and investigations of
regional offices of the Administration for the purposes
of management and oversight;
``(D) the central office of the National Cemetery
Administration to attain visibility and insight into
the accountability actions and investigations of
regional offices of the Administration for the purposes
of management and oversight; and
``(E) all other relevant offices and
administrations of the Department to attain visibility
and insight into the accountability actions and
investigations of regional or sub-offices of a relevant
organization for the purposes of management and
oversight.
``(b) Manner of Implementation.--The database established pursuant
to subsection (a) may be implemented through--
``(1) the creation of a standalone information technology
service or system; or
``(2) incorporated into an existing or planned information
technology solution for human resources, accountability, or
other similar functions, but only if such system complies with
the requirements of subsection (c).
``(c) Privacy and Security.--
``(1) In general.--The database established pursuant to
subsection (a) shall have privacy, user-based, time-limitation,
and access controls to ensure only those with a need to know
can access the information.
``(2) Protocols.--
``(A) In general.--The Secretary shall, in
consultation with the General Counsel of the
Department, the Assistant Secretary for Information and
Technology, the Chief Human Capitol Officer, and the
Assistant Secretary for Accountability and
Whistleblower Protection, and the heads of such other
relevant offices of the Department, develop protocols
for who can have access to the database established
pursuant to subsection (a) and when, so as to preserve
privacy, preserve due process, and strengthen
accountability and whistleblower protection.
``(B) Annual reviews.--The Secretary shall review
the protocols developed pursuant to subparagraph (A)
not less frequently than once each year.
``(d) Features.--The database established pursuant to subsection
(a) shall include, at a minimum, the ability to filter data in the
database and search such data by the following:
``(1) Outcome of an administrative investigation board or
other official investigatory process.
``(2) The implementation status of the recommendations or
other actions included in a final administrative investigation
board or other official investigatory process.
``(3) Summary of facts of a case.
``(4) Relevant final documents and interviews, findings,
and adjudication.
``(5) Grade of employee.
``(6) Status of administrative investigation board review
or other official investigatory process.
``(7) Date of initiation and whether a case is open but not
concluded or other such status.
``(8) Date of closure of an administrative investigation
board or other official investigatory process.
``(9) Employee name.
``(10) Administration, staff office, or other Department
entity.
``(11) Location, such as the following:
``(A) Station code.
``(B) Regional office.
``(C) Department medical center or medical facility
of the Department.
``(D) Cemetery.
``(E) Such other relevant subcategories as the
Secretary determines appropriate.
``(e) Expansion of Scope.--The Secretary may expand the scope of
the database established pursuant to subsection (a) to include such
other accountability reviews and adverse employment outcomes as the
Secretary considers appropriate.
``(f) Monitoring of Database.--The Secretary shall ensure that the
Veterans Integrated Service Networks, the central office of the
Department, the Office of Accountability and Whistleblower Protection,
the district offices of the National Cemetery Administration, the
central office of the National Cemetery Administration, the regional
districts of the Veterans Benefits Administration, the central office
of the Veterans Benefits Administration, and such senior leaders of the
Department as the Secretary considers appropriate monitor the database
established pursuant to subsection (a) for activity and trends within
their organizations down to the lowest level so as to ensure awareness
of administrative investigation boards and other official investigatory
processes open and concluded within their organization so as to
determine potential trends and challenges within the various levels and
sub-levels of each organization.
``(g) Policies on Uploading, Entering, or Otherwise Submitting
Information.--The Secretary shall develop and implement policy to
require all parts of the Department to upload, enter, or otherwise
submit information to the database established pursuant to subsection
(a) in real-time so as to ensure the database has the most current
available information at all times.
``(h) Administration.--The General Counsel shall--
``(1) administer the database established pursuant to
subsection (a);
``(2) maintain the database in coordination with the Chief
Human Capital Officer of the Department, the Assistant
Secretary for Accountability and Whistleblower Protection, and
the Assistant Secretary for Information and Technology,
especially with respect to ensuring security, access control,
due process, and whistleblower protection;
``(3) monitor the database for trends; and
``(4) develop recommendations, based on the findings of the
General Counsel with respect to the monitoring carried out
pursuant to paragraph (3), for the Secretary to improve
accountability, oversight, leadership, and management at the
Department.
``(i) Definition of Vet Center.--In this section, the term `Vet
Center' has the meaning given that term in section 1712A(h) of this
title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title, as amended by section 101, is further amended
by inserting after the item relating to section 729 the following new
item:
``729A. Administrative investigation board and other accountability
actions database.''.
SEC. 105. REPORT ON ACCOUNTABILITY ACTIONS OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act and not later than 60 days after the commencement
of each fiscal year thereafter until the date that is five years after
the date of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to the appropriate committees of Congress a report
on adverse actions relating to employees of the Department of Veterans
Affairs occurring during the previous fiscal year.
(b) Contents.--Each report submitted pursuant to subsection (a)
shall include the following:
(1) Information for all terminations, removals, demotions,
or other adverse actions, during the 10 fiscal years ending
before the date of the submittal of the report, disaggregated
by fiscal year.
(2) The authority used to terminate an employee,
disaggregated by type of adverse action and seniority level of
employee.
(c) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the Committee on Veterans' Affairs and the Committee on
Appropriations of the Senate; and
(2) the Committee on Veterans' Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 106. REPORT ON VIEWS OF SECRETARY OF VETERANS AFFAIRS ON NEED FOR
ADDITIONAL LEGISLATIVE ACTION TO IMPROVE ACCOUNTABILITY,
DUE PROCESS, AND WHISTLEBLOWER PROTECTION AT DEPARTMENT
OF VETERANS AFFAIRS.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report
indicating--
(1) whether the Secretary has determined that additional
legislative action is required to ensure accountability, due
process, and whistleblower protection for employees of the
Department;
(2) if the Secretary has determined that additional
legislative action is required, the recommended action and a
justification for such recommendation; and
(3) if the Secretary determines that additional legislative
action is not required, the reasoning for such determination.
(b) Definition of Whistleblower.--In this section, the term
``whistleblower'' has the meaning given such term in section 323(h) of
title 38, United States Code, as redesignated by section 201(d).
TITLE II--OVERSIGHT OF HEALTH CARE
SEC. 201. OVERSIGHT VISIT REQUIREMENTS FOR MEDICAL FACILITIES OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--The Secretary of Veterans Affairs, in coordination
with the Under Secretary for Health, shall establish requirements for
in-person oversight visits by officials of the Department of Veterans
Affairs to medical facilities of the Department as follows:
(1) Not less frequently than once each fiscal year, the
director of each medical center of the Department shall make an
announced or unannounced oversight visit to each medical
facility that is within the jurisdiction of such director or
the catchment area of such medical center.
(2) Not less frequently than once every two fiscal years,
each member of the executive leadership team, except for the
director, of each medical center of the Department shall make
an announced or unannounced oversight visit to each medical
facility that is within the jurisdiction of such team or the
catchment area of such medical center.
(3) Not less frequently than once every two fiscal years,
the director of each Veterans Integrated Service Network of the
Department shall make an announced or unannounced oversight
visit to each medical center of the Department that falls
within such network.
(b) Report Required.--Not later than October 1 following the end of
the second fiscal year beginning after the date of the enactment of
this Act, and every fiscal year thereafter for five years, the
Secretary of Veterans Affairs, acting through the Under Secretary for
Health, shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on--
(1) any observations regarding the impact of in-person
visits required under subsection (a) in improving oversight of,
and leadership engagement in, facilities of the Department of
Veterans Affairs, accountability of employees, to include
leadership, at such facilities, and care delivery and quality
to veterans;
(2) the number of individuals, their job title, and the
facility of the Department at which they serve, who have not
met the requirements set forth in subsection (a) and steps
taken to improve compliance with such requirements, including
an explanation as to why those requirements were not met; and
(3) any other observations the Secretary or the Under
Secretary for Health may have regarding the impact of visits
required under subsection (a) on improving health care
delivery, quality, safety, leadership, and accountability.
SEC. 202. ESTABLISHMENT OF OFFICE OF THE MEDICAL INSPECTOR OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Establishment.--Subchapter I of chapter 73 of title 38, United
States Code, is amended by inserting after section 7306A, as added by
section 102(a)(1) of this Act, the following new section:
``Sec. 7306B. Office of the Medical Inspector
``(a) In General.--There is established in the Veterans Health
Administration within the Office of Transparency, Engagement,
Accountability, and Management under section 7306A of this title, or
subsequent office of similar function, an office to be known as the
`Office of the Medical Inspector' (in this section referred to as the
`Office').
``(b) Head of Office.--
``(1) In general.--The Medical Inspector shall be the head
of the Office.
``(2) Appointment.--The Medical Inspector shall be
appointed by the Secretary from among individuals qualified to
perform the duties of the position.
``(3) Reporting.--The Medical Inspector shall report
directly to the Under Secretary for Health.
``(c) Functions.--The functions of the Office shall include the
following:
``(1) To review, including proactively, the quality,
safety, outcomes, and delivery of, and access to, health care
provided to veterans by the Department.
``(2) To proactively review offices and facilities of the
Veterans Health Administration that have an impact on the
quality, safety, and delivery of, and access to, such care and
the performance of the Department in providing such care.
``(3) To proactively review offices and facilities of the
Veterans Health Administration to ensure that policies and
procedures of the Department and the Veterans Health
Administration are applied consistently at all such offices and
facilities.
``(4) To investigate, including proactively, the existence
of any systemic health delivery, quality, safety, access, or
related issues, as determined by the Medical Inspector, that
arise within the Veterans Health Administration or through
health care provided by the Department.
``(5) To establish temporary investigative teams to carry
out reviews or investigations described in paragraphs (1), (2),
(3), and (4) in response to specific incidents or inquiries,
including the following:
``(A) Investigations of complaints by a veteran, a
family member of a veteran, an employee of the
Department, or another individual that may require a
visit to a facility or facilities of the Department.
``(B) Reviews or investigations upon request by the
Secretary or the Under Secretary for Health.
``(C) Reviews or investigations in response to
information or requests by the Inspector General of the
Department, the Office of Accountability and
Whistleblower Protection of the Department, the Special
Counsel, the Comptroller General of the United States,
a Member of Congress, and other related entities, as
determined by the Secretary.
``(D) Assessments to examine potential systemic
health quality, safety, access, satisfaction, staffing,
performance, and other issues within the Veterans
Health Administration, including through the conduct of
surveys, the collection and examination of data, and
the analysis of databases.
``(6) To recommend policies to promote efficiency in the
administration of, and to prevent waste, abuse, and
mismanagement in, programs and operations of the Veterans
Health Administration.
``(7) To carry out other related duties required of the
Office by the Secretary or the Under Secretary for Health
before, on, or after the date of the enactment of this section.
``(8) To conduct coordination and open communication with
the Inspector General of the Department, the Special Counsel,
and the Comptroller General and to ensure those entities have
the information required to perform their independent oversight
functions.
``(d) Capabilities and Internal Controls.--The Under Secretary and
the Medical Inspector shall ensure that the Office has the following
capabilities and internal controls to achieve effective operations of
the Office:
``(1) A modern electronic information technology database,
system, or systems with a minimum of the following functions or
capabilities:
``(A) To perform modern case management activities,
including tracking open cases, closed cases, trends,
time to process, open recommendations, to whom a
recommendation is directed (such as a facility or
individual), and other similar activities of the
Office.
``(B) To track referrals of issues the Office
declines to review but refers to other entities to
review.
``(C) To review all report recommendations of the
Office for trends and issues throughout the Veterans
Health Administration and alert leadership of the
Veterans Health Administration for corrective and
preventative action.
``(D) Such other functions or capabilities as
determined by the Under Secretary and the Medical
Inspector.
``(2) Consistent guidelines for how long facilities that
have an open recommendation from the Office have to close such
recommendation.
``(3) Best practice guidelines on what set of management
officials and processes are to be used to approve the closure
of recommendations from the Office consistent with internal
controls best practices of the Government Accountability
Office.
``(4) A staffing model and budget for the Office that is
consistent with those of a health care system with a patient
workload the size of that served by the Department.
``(5) An organizational performance plan.
``(e) Information on Senior Executive Service Applicants.--
``(1) In general.--In conducting a review under this
section with respect to an individual serving in a Senior
Executive Service position (as defined in section 3132(a) of
title 5) or equivalent position in the Department, the Medical
Inspector, and a limited number of personnel delegated by the
Medical Inspector from within the Office, may request and
receive from other relevant offices of the Department the
complete hiring packet, package, or assembled paperwork and
other information, including electronically stored information,
that was submitted by a Federal agency on behalf of the
individual when the individual was a candidate for such
position.
``(2) Limitation.--Access to information authorized under
paragraph (1) shall be secure, on a need to know basis, and
provided with appropriate controls to protect privacy,
whistleblower retaliation, and related matters.
``(f) Privacy Matters.--Any medical or other personal information
obtained by the Office shall be protected from disclosure or misuse in
accordance with the laws on privacy and whistleblower protection
applicable to such information.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7306A, as added by section 102(a)(2) of this Act, the following new
item:
``7306B. Office of the Medical Inspector.''.
(c) Guidance on Provision of Feedback.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Veterans
Affairs and the Under Secretary for Health of the Department of
Veterans Affairs shall determine and publish guidance requiring all
internal offices, sub-offices, and other entities of the Department of
Veterans Affairs reviewing a draft report by the Office of the Medical
Inspector under section 7306B of title 38, United States Code, as added
by subsection (a), for the purpose of concurrence by the Department
with that report to provide feedback on that report to the Office not
later than 15 business days after assignment for review of that report
by the Office or another entity controlling or administering the
concurrence process.
(d) Capabilities and Internal Controls.--Not later than one year
after the date of the enactment of this Act, the Under Secretary for
Health of the Department of Veterans Affairs and the Medical Inspector
shall ensure that the Office of the Medical Inspector established under
section 7306B of title 38, United States Code, as added by subsection
(a), has the capabilities and internal controls specified in subsection
(d) of such section.
(e) Continuation in Office.--The individual serving as the Medical
Inspector of the Department of Veterans Affairs on the day before the
date of the enactment of this Act may serve as the Medical Inspector of
the Department of Veterans Affairs after that date until the date on
which the Secretary of Veterans Affairs appoints an individual to be
the Medical Inspector pursuant to section 7306B(b)(2) of title 38,
United States Code, as added by subsection (a), which may include the
appointment of the same individual.
(f) Report on Actions To Respond to Comptroller General Report on
Office of Medical Inspector.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the action plan of the Secretary to
implement relevant recommendations of the Comptroller General
of the United States contained in any review published by the
Comptroller General in the previous three calendar years
regarding the Office of the Medical Inspector of the Department
of Veterans Affairs, including recommended short, medium, and
long-term plans to establish the Office of the Medical
Inspector pursuant to this section.
(2) Elements.--The report required by paragraph (1) shall
include--
(A) specific plans, timelines, and status as of the
date of the report of the actions of the Secretary to
implement the recommendations contained in the report
of the Comptroller General in 2023 regarding the Office
of the Medical Inspector of the Department of Veterans
Affairs;
(B) any requests for legislative action and
resources to implement the provisions of this Act that
relate to the Office of the Medical Inspector to ensure
the effectiveness of the Office to handle the workload
and caseload for an integrated health system with a
veteran patient volume and medical workforce the size
of that served by the Department; and
(C) such other matters as the Secretary considers
necessary.
(g) Rule of Construction on Independence of Office of the Medical
Inspector.--The establishment of the Office of the Medical Inspector of
the Department of Veterans Affairs under section 7306B of title 38,
United States Code, as added by subsection (a), within the Office of
Transparency, Engagement, Accountability, and Management under section
7306A of such title, as added by section 102(a)(1), is done for
organizational efficiency and economies of scale but shall not be
construed to indicate that the Office of the Medical Inspector or the
Medical Inspector should report to any individual or entity other than
the Under Secretary for Health of the Department of Veterans Affairs.
SEC. 203. INCLUSION OF OFFICIALS WITHIN OFFICE OF THE UNDER SECRETARY
FOR HEALTH.
Section 7306(a) of title 38, United States Code, is amended--
(1) by redesignating paragraph (12) as paragraph (14); and
(2) inserting after paragraph (11) the following new
paragraphs:
``(12) The Director of the Office of Transparency,
Engagement, Accountability, and Management under section 7306A
of this title.
``(13) The Medical Inspector, who shall be the head of the
Office of the Medical Inspector under section 7306B of this
title.''.
SEC. 204. MOBILE TEMPORARY HEALTH STAFFING PROGRAM TO ENSURE ACCESS AND
CONTINUITY OF CARE.
(a) Establishment.--Not later than two years after the date of the
enactment of this Act, the Under Secretary for Health of the Department
of Veterans Affairs shall establish a mobile temporary staffing program
(in this section referred to as the ``Program'') to temporarily fill
vacancies and employee absences for certain positions within the
Veterans Health Administration, including by combining any existing
similar programs of the Veterans Health Administration within the
Program.
(b) Elements.--At a minimum, the Program shall include--
(1) a team of individuals representing each shortage
occupation or high-turnover occupation within the Veterans
Health Administration; and
(2) a request mechanism for facilities of the Veterans
Health Administration to request those individuals to be
temporarily assigned to fill vacancies and employee absences.
(c) Priority Assignments.--A facility of the Veterans Health
Administration shall obtain priority assignment for staffing of an
occupancy type under the Program if the facility has only one position
of that occupancy type and that position is vacant or functionally
vacant due to the employee in question being under administrative
investigation, detailed out of such position, or otherwise not
performing their regular care delivery duties.
(d) Not Permanent Positions.--An individual temporarily assigned to
a position at a facility of the Veterans Health Administration under
the Program--
(1) shall not be permitted to permanently occupy the
position; and
(2) shall not be permitted to fill a non-temporary
employment vacancy.
(e) Reports to Congress.--
(1) Initial report.--Not later than one year after the date
of the enactment of this Act, the Under Secretary for Health
shall submit to Congress a report detailing the plans of the
Under Secretary to establish the Program.
(2) Annual report.--
(A) In general.--Not later than one year after the
establishment of the Program, and annually thereafter,
the Under Secretary for Health shall submit to
Congress--
(i) data on staffing under the Program,
including--
(I) where temporary assignments
occurred under the Program and for what
length of time;
(II) the top three positions with
respect to which temporary assignments
are requested; and
(III) any other data and analysis
the Secretary considers appropriate;
(ii) an assessment of any additional
incentives, including any legislative action to
carry out those incentives, to incentivize
employees of the Veterans Health Administration
to participate in the Program; and
(iii) any other matters the Secretary
considers appropriate.
(B) Combination of report with existing reports.--
The report required under subparagraph (A) may be
submitted as part of another workforce-related report
submitted by the Department of Veterans Affairs to
Congress.
TITLE III--WHISTLEBLOWER PROTECTIONS AND EMPLOYEE ACCOUNTABILITY
SEC. 301. STRENGTHENING WHISTLEBLOWER PROTECTIONS AT DEPARTMENT OF
VETERANS AFFAIRS.
(a) General Counsel of Office of Accountability and Whistleblower
Protection.--Subsection (e) of section 323 of title 38, United States
Code, is amended to read as follows:
``(e) General Counsel.--(1) There is in the Office a General
Counsel who shall be the chief legal officer of the Office and provides
legal assistance to the Assistant Secretary concerning the programs and
policies of the Office.
``(2) The Assistant Secretary shall appoint the General Counsel of
the Office, who shall be a career appointee in the Senior Executive
Service and shall report to the Assistant Secretary.
``(3) In accordance with subsection (d), the Assistant Secretary
may hire staff for the General Counsel of the Office to provide such
legal assistance pursuant to paragraph (1).
``(4) The Office shall not be established as an element of the
Office of the General Counsel of the Department and the Assistant
Secretary may not report to the General Counsel of the Department.''.
(b) Modifications and Additional Functions of Office of
Accountability and Whistleblower Protection.--Subsection (c)(1) of such
section is amended--
(1) in subparagraph (C), by inserting ``and allegations of
whistleblower retaliation'' after ``disclosures''; and
(2) by striking subparagraphs (F) and (G), and inserting
the following new subparagraphs:
``(F) Recording, tracking, reviewing, and confirming
implementation of relevant accountability and disciplinary
recommendations from audits and investigations carried out by
the Inspector General of the Department, the Medical Inspector
of the Department, the Special Counsel, the Comptroller General
of the United States, and such others as the Assistant
Secretary considers appropriate, including the imposition of
disciplinary actions and other related personnel actions
contained in such recommendations.
``(G) Analyzing data available to the Office of
Accountability and Whistleblower Protection from internal and
external data sources, disaggregated by facility, region,
network, and area of health care, benefits, memorial services,
or such other services of the Department as the Assistant
Secretary determines relevant, and other pertinent audits and
investigations to identify trends relating to accountability
matters, whistleblower retaliation and protection, reoccurring
management shortcomings, and issue reports and recommendations
to the Secretary on these matters based on analysis conducted
under this subparagraph.''.
(c) Tracking and Enforcement of Recommendations and Settlement
Agreements Regarding Whistleblowers.--Subsection (c) of such section,
as amended by subsection (b), is further amended--
(1) in paragraph (1), by adding at the end the following
new subparagraphs:
``(J) Tracking the negotiation, implementation, and
enforcement of settlement agreements entered into by the
Secretary regarding claims of retaliation, including with
respect to the work of the General Counsel of the Department
regarding such settlements.
``(K) In conducting tracking pursuant to subparagraph (J),
examining factors, including volume, size of monetary value,
and other matters, so as to determine and identify--
``(i) any underlying causes of such settlement
agreements relating to management, leadership,
accountability, prohibited personnel actions described
in section 731(c) of this title, and other similar
matters at a facility, office, or organization of the
Department; and
``(ii) the need for corrective action.
``(L) Tracking determinations made by the Special Counsel
regarding claims of committal of a prohibited personnel action
described in section 731(c) of this title, including--
``(i) any disciplinary action for the individual
who engaged in such prohibited personnel action; and
``(ii) determinations regarding the need for
corrective action under section 1214 of title 5, as
identified by the Special Counsel, and any settlement
agreement resolving claims of whistleblower retaliation
entered into by the Secretary with the
whistleblower.''; and
(2) by adding at the end the following new paragraph:
``(4)(A) In carrying out subparagraph (J) of paragraph (1), the
Assistant Secretary shall, in consultation with the General Counsel of
the Department, establish metrics and standards regarding--
``(i) the timely negotiation and implementation of
settlement agreements entered into by the Secretary regarding
retaliation; and
``(ii) reasonable restitution and restoration of
employment, and other relief for whistleblowers.
``(B) The Assistant Secretary shall establish a secure electronic
system to carry out subparagraphs (J) and (K) of paragraph (1) in a
manner that ensures the confidentiality of the identity of a
whistleblower or a party to a settlement agreement described in either
of such subparagraphs.''.
(d) Training and Information.--Section 323 of such title is further
amended--
(1) in subsection (c)(2), by striking ``receive anonymous
whistleblower disclosures'' and inserting ``provide information
to employees of the Department regarding the rights of and
procedures for whistleblowers'';
(2) by redesignating subsection (g) as subsection (h); and
(3) by inserting after subsection (f) the following new
subsection (g):
``(g) Training.--The Assistant Secretary shall--
``(1) in consultation with the Special Counsel, develop
annual training on whistleblower protection and related issues;
``(2) provide and make such training available to employees
of the Department; and
``(3) disseminate training materials and information to
employees on whistleblower rights, whistleblower disclosures,
and allegations of whistleblower retaliation, including any
materials created pursuant to section 733 of this title.''.
(e) Improvements to Annual Reports.--Subsection (f) of such section
is amended--
(1) in paragraph (1)(B)(ii), by striking ``subsection
(C)(1)(G)'' and inserting ``subsection (c)(1)(E)'';
(2) by amending paragraph (2) to read as follows:
``(2) If the Secretary, or other relevant management or supervisory
official as the case may be, receives a recommendation for disciplinary
action under subsection (c)(1)(I) and does not take or initiate, or
modifies, mitigates, or delays, the recommended disciplinary action
before the date that is 60 days after the date on which the Secretary
or other relevant management or supervisory official as the case may
be, received the recommendation, not later than 60 days after such
date, the Secretary shall submit to the Committee on Veterans' Affairs
of the Senate and the Committee on Veterans' Affairs of the House of
Representatives a detailed justification for the relevant official not
taking, modifying, or mitigating, or delaying or initiating such
disciplinary action.''; and
(3) by adding at the end the following new paragraph:
``(3) Not later than June 30, 2024, and semiannually thereafter,
the Secretary shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on settlements described in paragraph (1)(J)
of subsection (c), including, with respect to the period covered by the
report--
``(A) the number of settlements initiated, the disposition
of each settlement that was resolved, and the number of
settlements that are pending or have not been implemented;
``(B) the status of each such pending settlement, including
any progress or lack of progress toward settlement and the
implementation of such a settlement;
``(C) a description of the metrics described in paragraph
(4)(A) of such subsection; and
``(D) identification of settlement agreements that are not
meeting such metrics and standards, or for which there has been
any breach of the agreement.''.
SEC. 302. REPORT ON IMPLEMENTATION OF PROVISIONS OF LAW RELATING TO
ACCOUNTABILITY AND WHISTLEBLOWER PROTECTIONS AT
DEPARTMENT OF VETERANS AFFAIRS.
(a) Report Required.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report detailing
the implementation of Executive Order 13793 (38 U.S.C. 301 note;
relating to improving accountability and whistleblower protection at
the Department of Veterans Affairs) and the provisions of, and
amendments made by, the Department of Veterans Affairs Accountability
and Whistleblower Protection Act of 2017 (Public Law 115-41), the
effect of such implementation, and lessons learned--
(1) to improve accountability and sustain accountability
actions;
(2) to improve oversight;
(3) to follow due process;
(4) to reduce future financial expenditures and legal risk
due to incomplete personnel actions, insufficient documentation
and due diligence, and poor compliance;
(5) to support recruitment and retention of high quality
employees to serve at the Department of Veterans Affairs; and
(6) to ensure accountability actions withstands external
judicial or other quasi-judicial or administrative review.
(b) Contents.--The report submitted pursuant to subsection (a)
shall include, at a minimum, the following:
(1) A description and a timeline of pre-planning, reasoning
of the policy steps made to implement, and staffing decisions
and selections made to carry out Executive Order 13793.
(2) A description and a timeline of pre-planning, reasoning
of the policy steps made to implement, and staffing decisions
and selections for the Office of Accountability and
Whistleblower Protection to carry out the provisions of, and
amendments made by, the Department of Veterans Affairs
Accountability and Whistleblower Protection Act of 2017 (Public
Law 115-41).
(3) A description of the actual implementation and staffing
decisions made to carry out such Executive Order and the
provisions of, and amendments made by, such Act and how the
implementation differed from what was planned.
(4) A discussion of the legal consequences of not
bargaining or notifying the relevant labor organization
partners before implementation of section 714 of title 38,
United States Code.
(5) A discussion of how and why the Department was brought
into legal proceedings pursuant to actions in Federal courts,
administrative proceedings, or quasi-judicial bodies, relating
to the implementation of the provisions of law and amendments
described in paragraph (2) and the Executive Order 13793,
including descriptions of--
(A) each legal proceeding, including the issues
presented; and
(B) the current or final status of litigation,
judicial review, quasi-judicial review, or
administrative proceeding as of the date of the report.
(6) A detailed explanation of the staffing, policy, and
other decisions made that led to the challenges and
recommendations contained in Office of Inspector General of the
Department of Veterans Affairs report 18-04968-249, dated
October 24, 2019, and titled ``Office of Accountability and
Whistleblower Protection: Failures Implementing Aspects of the
VA Accountability and Whistleblower Protection Act of 2017'',
which contained 22 recommendations for corrective action.
(7) A count of the employees terminated or otherwise
removed from service, including their seniority level and date
of removal, pursuant to authority provided by the Department of
Veterans Affairs Accountability and Whistleblower Protection
Act of 2017 (Public Law 115-41) during the period beginning on
June 23, 2017, and ending on the date of the enactment of this
Act, including which authority was utilized and which of those
were required to be rehired or financially made whole, or
received some other form of compensation or corrective action,
because their termination was subsequently found to be in
violation of a provision of law, regulation, or related
matters, or was so directed by judicial, quasi-judicial, or
other administrative order or ruling.
(8) Information on the establishment of the Office of
Accountability and Whistleblower Protection pursuant to
Executive Order 13793 and then by the Department of Veterans
Affairs Accountability and Whistleblower Protection Act of 2017
(Public Law 115-41), including a description of the following:
(A) How the office was initially staffed and how
many of the people hired to staff the office were hired
using noncompetitive practices.
(B) How the office handled cases in the period
between April 27, 2017, and ending on October 31, 2019,
where an apparent conflict of interest existed, such as
in which one senior official had to carry out or direct
a review of another senior official or of equal rank
and what firewalls or other procedures were established
to prevent potential conflicts of interest.
(C) Any leaders who had multiple roles within the
office and in other elements of the Department
simultaneously and any conflicts of interest or
apparent conflicts of interest in those roles.
(D) Who was held accountable, and in what manner,
as a result of the failures identified in the report
described in paragraph (6) and thereafter, including--
(i) how many employees of the office were
terminated, demoted, or suspended during the
period beginning on April 27, 2017, and ending
on October 31, 2019;
(ii) what authority was used for the
terminations, demotions, or suspensions,
described in clause (i) and the reasons for
such terminations; and
(iii) how many employees of the office
retired or resigned during the period described
in clause (i).
(9) What lessons were learned by the Department regarding
how to better implement accountability actions in the future to
avoid or reduce potential litigation, reduce financial costs
incurred, reduce lost accountability actions, increase
efficiency, and ensure sustained accountability.
(10) The total final, or estimated final, financial cost
and employment outcome, such as the rehiring or compensation of
employees, of orders, rulings, or other actions by Federal
courts, administrative judges, quasi-judicial entities, or
final Collective Bargaining Agreement settlement or
renegotiation relating to the implementation of the provisions
of, and amendments made by, the Department of Veterans Affairs
Accountability and Whistleblower Protection Act of 2017 (Public
Law 115-41) from June 23, 2017, to the date of the report.
(11) For each of the outcomes under paragraph (10), an
indication of whether the Department could have achieved the
same outcome, namely of holding relevant employees accountable
in a sustained manner, while avoiding litigation and costs
incurred and accountability actions rejected.
(12) Such other matters as the Secretary considers
appropriate to describe lessons learned on implementing and
sustaining accountability actions and culture.
SEC. 303. PEER REVIEW OF INVESTIGATIONS BY OFFICE OF ACCOUNTABILITY AND
WHISTLEBLOWER PROTECTION OF DEPARTMENT OF VETERANS
AFFAIRS.
Section 323 of title 38, United States Code, as amended by section
301(d), is further amended--
(1) by redesignating subsection (h) as subsection (i);
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Peer Review.--(1) Not later than 180 days after the date of
the enactment of the Leadership, Engagement, Accountability, and
Development Act of 2023, the Assistant Secretary shall seek to enter
into an arrangement with the Council of the Inspectors General on
Integrity and Efficiency (in this subsection the `Council') to provide
ongoing peer review in accordance with paragraph (2).
``(2) Pursuant to an arrangement entered into by the Assistant
Secretary and the Council pursuant to paragraph (1), the Council shall
arrange for the conduct of ongoing peer reviews by members of the
Council at regular intervals, but not less frequently than once each
year, of investigations, reports, and related matters of the Office
selected by the Council.
``(3) The arrangement entered into by the Assistant Secretary and
the Council pursuant to paragraph (1) shall ensure that there is a
regular rotation of the members of the Council that conducts peer
reviews pursuant to paragraph (2).
``(4) In developing protocols to carry out an arrangement entered
into under paragraph (1), the Council shall exclude the Inspector
General of the Department from carrying out any peer reviews under the
arrangement.
``(5) Nothing in this subsection shall be construed to curtail or
limit the authority of the Inspector General of the Department to
conduct a review, investigation, or other fact finding with respect to
the Office or any other element of the Department.''; and
(3) in subsection (f)(1)(B)--
(A) by redesignating clause (v) as clause (vi); and
(B) by inserting after clause (iv) the following
new clause (v):
``(v) The findings of the Council of the Inspectors General
on Integrity and Efficiency with respect to the peer reviews
carried out under subsection (h) and the response of the
Assistant Secretary to such findings.''.
SEC. 304. REPORTS ON IMPROVEMENTS TO ADHERENCE TO RECOMMENDATIONS OF
OFFICE OF ACCOUNTABILITY AND WHISTLEBLOWER PROTECTION.
(a) Report on Improvements to Adherence to Recommendations of
Office of Accountability and Whistleblower Protection.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Assistant Secretary for
Accountability and Whistleblower Protection shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report
on recommendations and actions taken by the Office of
Accountability and Whistleblower Protection to improve the
percentage of recommendations issued by the Office to elements
of the Department of Veterans Affairs that are adhered to by
such elements.
(2) Contents.--The report submitted pursuant to paragraph
(1) shall include the following:
(A) A comprehensive review of the reasons that
recommendations issued by the Office to elements of the
Department are not taken, initiated, or significantly
modified by management.
(B) Recommendations for administrative action to
enable the Department to better--
(i) meet the goals of the Department of
Veterans Affairs Accountability and
Whistleblower Protection Act of 2017 (Public
Law 115-41);
(ii) foster a culture of accountability in
the Department; and
(iii) protect whistleblowers.
(C) Recommendations for such legislative action as
may be necessary to assist the Office in accomplishing
Departmental adherence to recommendations of the Office
and other statutory functions of the Office.
(b) Review of Internal Challenges Relating to Proper Processing of
Accountability Proposals.--
(1) Review.--
(A) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary of
Veterans Affairs shall complete a review of internal
challenges within the Department relating to the proper
preparation and processing of accountability proposals
within the Department.
(B) Focus.--The review completed under subparagraph
(A) shall focus, at a minimum, on--
(i) improving the completeness and
thoroughness of proposed accountability actions
and evidence for adverse actions relating to
employees of the Department, at all levels and
of a representative range of senior levels, so
as to sustain the action as it goes through
Departmental review by a Departmental deciding
official, relevant internal legal counsel
review, or external judicial or other external
administrative or legal review, while
protecting due process; and
(ii) improving the timeliness of the
accountability process from the period of the
concern being raised to formal issuance of an
action, while protecting due process through a
variety of efforts to include Departmental
reorganization, improved policy and process
guidance, improved training, and enhanced or
additional information technology systems.
(2) Report.--
(A) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary shall
submit to Congress a report on the review completed
under paragraph (1).
(B) Contents.--The report submitted pursuant to
subparagraph (A) shall include the following:
(i) The findings of the Secretary with
respect to the review completed under paragraph
(1).
(ii) A description of the following:
(I) The current average length of
Departmental accountability processes.
(II) Recommendations for
improvements to process, human
resources, legal, organizational
structure, and employee training.
(III) Information technology
including those that move processes
from paper-based to digital or
electronic-based systems.
(iii) A timeline to achieve the
improvements recommended under clause (ii)(II).
(iv) Recommendations for such legislative
or administrative action as the Secretary
considers necessary to implement the
improvements recommended under clause (ii)(II).
(v) Such other matters as the Secretary
considers appropriate.
SEC. 305. REPORT ON DEPARTMENT OF VETERANS AFFAIRS ACTIONS IN RESPONSE
TO PRELIMINARY OBSERVATIONS IN COMPTROLLER GENERAL OF THE
UNITED STATES REPORT ON DEPARTMENT WHISTLEBLOWER
RETALIATION.
(a) Initial Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report on steps
the Department of Veterans Affairs has taken or will take in response
to Government Accountability Office report 23-106111 (relating to
Department of Veterans Affairs resolution process for whistleblower
retaliation claims).
(b) Subsequent Reports.--Not later than 180 days after the date on
which the Comptroller General releases a report subsequent to report
23-106111 described in subsection (a) that pertains to the same topic
as such report 23-106111 and relates to the Department in calendar year
2023 or 2024, the Secretary shall submit to the committees described in
such subsection a report on the steps the Department has taken or will
taken in response to such newly released report.
SEC. 306. MODIFICATION TO RESPONSIBILITIES AND AUTHORITIES OF ASSISTANT
SECRETARY FOR ACCOUNTABILITY AND WHISTLEBLOWER
PROTECTION.
(a) Movement of Responsibilities for Tracking Policy and Governance
Recommendations From Office of Accountability and Whistleblower
Protection to the Office of Enterprise Integration.--
(1) In general.--The responsibilities of the Assistant
Secretary of Veterans Affairs assigned by the Secretary of
Veterans Affairs to the function specified in section 308(b)(3)
of title 38, United States Code, shall include the following:
(A) Recording, tracking, reviewing, and confirming
implementation of policy, governance, and all related
recommendations from audits and investigations carried
out by the Inspector General of the Department, the
Medical Inspector of the Department, the Special
Counsel, and the Comptroller General of the United
States, except for such portions of such policy
governance and recommendations as pertain to the
imposition of disciplinary actions and other corrective
actions relating to employees of the Department.
(B) After reviewing such recommendations and
confirming such implementation, providing the
Secretary, the Deputy Secretary, the Under Secretary
for Health, the Under Secretary for Benefits, the Under
Secretary for Memorial Affairs, each of the other
Assistant Secretaries appointed under section 308 of
title 38, United States Code, and such other officials
of the Department as the Secretary considers
appropriate with information, advice, and proposed
improvements for individual administration, office, and
Departmental correction of deficiencies and challenges
identified in recommendations described in subparagraph
(A).
(2) Effective date.--Paragraph (1) shall take effect on the
date that is 270 days after the date of the enactment of this
Act.
(b) Modified Discretion for Assistant Secretary To Allow Relevant
Disciplinary Actions To Proceed.--
(1) In general.--Paragraph (2) of section 714(e) of title
38, United States Code, is amended--
(A) in subparagraph (A), by striking ``; or'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(C) the Assistant Secretary otherwise finds that the
removal, demotion, or suspension under subsection (a) is
consistent with--
``(i) protecting and preserving the ability of the
Department to deliver services to veterans and other
related beneficiaries under the laws administered by
the Secretary in an efficient and effective manner;
``(ii) maintaining a safe environment for veterans,
employees of the Department, and visitors;
``(iii) eliminating future occurrences of waste,
fraud, or abuse; and
``(iv) ensuring a culture of accountability,
whistleblower protection, and due process.''.
(2) Notice.--Such section is amended by adding at the end
the following new paragraph:
``(3) Not later than 60 days after the Assistant Secretary makes a
finding under paragraph (2)(C) that a removal, demotion, or suspension
is consistent, the Assistant Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
notice of such finding along with a justification for the finding.''.
TITLE IV--IMPROVING SECURITY, OVERSIGHT, ACCOUNTABILITY, AND MANAGEMENT
OF DEPARTMENT OF VETERANS AFFAIRS
SEC. 401. PLAN TO CONSOLIDATE AND CENTRALIZE SECURITY OPERATIONS OF
DEPARTMENT OF VETERANS AFFAIRS TO IMPROVE MANAGEMENT,
CLARIFY ACCOUNTABILITY, AND STRENGTHEN EFFECTIVENESS.
(a) Plan Required.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a plan to
reorganize and consolidate all security functions of the Department of
Veterans Affairs under a single Under Secretary or Assistant Secretary
to--
(1) improve security for veterans, employees of the
Department, and visitors to facilities of the Department;
(2) strengthen management;
(3) clearly define roles and responsibilities; and
(4) strengthen accountability and effectiveness.
(b) Security Functions.--The security functions described in
subsection (a) shall include operational, budgetary, and hiring and
management control for the following:
(1) The police officers of the Department, including all
levels of seniority.
(2) Department perimeter security.
(3) Department building security, including doors, locks,
and common access card (CAC) access.
(4) Cameras.
(5) Veteran security.
(6) Visitor security.
(7) Unauthorized intruder security.
(8) Coordination with relevant local, State, and Federal
law enforcement entities.
(9) Coordination of Department security with physical
security aspects of applicable facilities managed by the
General Services Administration.
(10) Security inspections or standards for privately leased
commercial property which the Department leases.
(11) Construction specifications for security, security
system contracts, security services contracts, including for
guards.
(12) Such other authorities and matters as the Secretary
determines necessary and appropriate.
(c) Contents.--The plan submitted pursuant to subsection (a) shall
include the following:
(1)(A) A discussion of the view of the Secretary on the
need to recreate the Assistant Secretary for Operations,
Security, and Preparedness or another office or entity within a
part of the Department rather than have that office combined
with the Assistant Secretary of Human Resources and
Administration, which occurred as a result of the enactment of
the Department of Veterans Affairs Accountability and
Whistleblower Protection Act of 2017 (Public Law 115-41).
(B) The Secretary shall provide the view pursuant to
subparagraph (A) notwithstanding the fact that section
308(a)(1) of title 38, United States Code, as in effect on the
day before the date of the enactment of this Act, limits the
number of authorized Assistant Secretaries.
(2) Information on the steps taken and planned to be taken
to include those recommendations required pursuant to this Act
and the timeline to implement the open recommendations from the
Department of Veterans Affairs Office of Inspector General
report 17-01007-01 (relating to inadequate governance of the
Department police program at medical facilities).
(3) Steps taken or planned to be taken to improve the
recruitment, retention, and equipping of all security related
personnel of the Department, including any legislative action
required to implement such changes.
(4) The opinion of the Secretary, including with respect to
support or lack of support, and reasoning therein for
consolidating under one office and chain of command the
following offices and entities of the Department, which
currently perform some security function, including how a lack
of consolidation will lead to increased effectiveness,
efficiency, and security:
(A) Department of Veterans Affairs Integrated
Operations Center.
(B) Office of Security and Law Enforcement.
(C) Department of Veterans Affairs Police
Operations and Oversight.
(D) Infrastructure Protection, Policy.
(E) Office of the Chief of Police and all Regional
Directors of Police.
(F) Office of Identity, Credential and Access
Management.
(G) Access and Identity Management.
(H) Access Management.
(I) Information Technology Safety and Physical
Security-Business Relations.
(J) Facilities Planning.
(K) Facilities Standards Service.
(L) Human Resource Operations.
(M) National Personnel Security.
(N) Mission Support.
(O) Office of Security and Preparedness personnel
security and suitability functions.
SEC. 402. REPORT ON ENTERPRISE RISK MANAGEMENT EFFORTS OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a report on the enterprise risk management offices,
strategies, and activities of the Department.
(b) Contents.--The report submitted pursuant to subsection (a)
shall include the following:
(1) Where the various enterprise risk management offices
currently reside within the Department.
(2) Which office and official position is the lead
responsible and accountable official for all enterprise risk
management activities of the Department and to whom the heads
of the offices described in paragraph (1) report.
(3) The duties of the heads of the offices described in
paragraph (1).
(4) The number of employees who conduct work relating to
enterprise risk management, disaggregated by authorized,
funded, and vacant.
(5) Information about the various budgets to support the
work described in paragraph (4).
(6) The current metrics, goals, and performance of the
enterprise risk management activities of the Department.
(7) The plans of the Secretary to improve--
(A) the risk management activities of the
Department, including through following recommendations
of the Inspector General of the Department, the
Comptroller General of the United States, and other
such relevant privacy and public sector organizations
who conduct strong risk management activities;
(B) the management and performance of such work;
and
(C) such other matters the Secretary considers
relevant and appropriate to improve the enterprise risk
management work of the Department.
(8) Such recommendations as the Secretary may have for
legislative or administrative action to support the efforts of
the Department relating to enterprise risk management.
SEC. 403. MODIFICATION OF REPORTING REQUIREMENT FOR SECRETARY OF
VETERANS AFFAIRS ANNUAL REPORT ON IMPLEMENTATION OF
RECOMMENDATIONS OF COMPTROLLER GENERAL OF THE UNITED
STATES PERTAINING TO DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 7008 of the Johnny Isakson and David P.
Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
(Public Law 116-315) is amended--
(1) in subsection (a), by inserting ``, high risk
recommendations, and duplication and cost-savings
recommendations'' after ``priority recommendations'';
(2) in subsection (b)--
(A) by striking ``open priority recommendations of
the Comptroller General'' each place it appears and
inserting ``open recommendations described in
subsection (a)''; and
(B) in paragraph (2), by striking ``open priority
recommendation of the Comptroller General'' and
inserting ``open recommendation described in subsection
(a)''; and
(3) in the section heading, by striking ``priority''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by striking the item relating to section 7008 and
inserting the following new item:
``Sec. 7008. Annual report by Secretary of Veterans Affairs on
implementation of recommendations of
Comptroller General of the United States
pertaining to Department of Veterans
Affairs.''.
SEC. 404. ANNUAL HATCH ACT TRAINING PROGRAM AT DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Subchapter I of chapter 7 of title 38, United
States Code, as amended by section 104, is further amended by adding at
the end the following new section:
``SEC. 729B. ANNUAL TRAINING FOR SENIOR LEADERS ON POLITICAL
ACTIVITIES.
``(a) Required Participation in Training Program.--
``(1) In general.--The Secretary shall require each covered
employee to participate each year in the training program
developed pursuant to subsection (b).
``(2) Covered employees.--For purposes of paragraph (1), a
covered employee is an employee of the Department who is--
``(A) a political appointee;
``(B) a senior executive;
``(C) a senior manager; or
``(D) such other category of employee as the
Secretary considers appropriate.
``(b) Development of Training Program Required.--Not later than 180
days after the date of the enactment of the Leadership, Engagement,
Accountability, and Development Act of 2023, the Secretary shall,
acting through the General Counsel of the Department and in
coordination with the Special Counsel, complete development of a
standardized training program for covered employees described in
subsection (a)(2) regarding the requirements of subchapter III of
chapter 73 of title 5 (often referred to as the `Hatch Act').
``(c) Compliance for Political Appointees.--The training program
developed pursuant to subsection (b) shall cover compliance matters for
all political appointees of the Department, regardless of level of
seniority.
``(d) Updates.--Not less frequently than once every two years, the
Secretary shall, in consultation with the Special Counsel, update the
training program developed pursuant to subsection (b).
``(e) Annual Reports.--Not later than June 30 of each calendar
year, beginning with the first June 30 that occurs more than one year
after the date of the enactment of this Act, the Secretary shall submit
to the Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives, in conjunction
with each report submitted pursuant to section 323(f)(1)(A) of this
title a report on the training program developed under subsection (b).
Each such report such include an indication of the following:
``(1) The percentage of all covered employees described in
subsection (a)(2) that received training as part of the program
developed pursuant to subsection (b).
``(2) The actions the Secretary is taking to increase the
percentage indicated pursuant to paragraph (1).
``(f) Definition of Political Appointee.--In this section, the term
`political appointee' has the meaning given such term in section 106(f)
of title 49, United States Code.''.
(b) Notice to Congress.--Not later than 90 days after the date of
completion of the training program developed pursuant to subsection (b)
of section 729B of such title, as added by subsection (a), and delivery
of the first training pursuant to subsection (a) of such section, the
Secretary of Veterans Affairs shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives--
(1) notice that the development of the program pursuant to
such subsection (b) has been completed and that the first
training has been delivered pursuant to such subsection (a);
(2) the percentage of individuals compliant or not
compliant with the requirements of the Secretary under such
subsection (a); and
(3) copies of any materials being developed for the
program, including training documents used in training sessions
conducted under such subsection (a).
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title, as amended by section 104, is further amended
by inserting after the item relating to section 729A the following new
item:
``729B. Annual training for senior leaders on political activities.''.
SEC. 405. INDEPENDENT STUDY REGARDING MANAGEMENT STRUCTURES OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Agreement.--
(1) In general.--The Secretary of Veterans Affairs shall
seek to enter into an agreement with the National Academy of
Public Administration (in this section referred to as the
``National Academy'') for the National Academy to conduct the
study and review under subsection (b) and submit the report
under subsection (c).
(2) Timing.--The Secretary shall seek to enter into the
agreement described in paragraph (1) by not later than 90 days
after the date of the enactment of this Act.
(b) Study and Review.--
(1) In general.--Under an agreement between the Secretary
and the National Academy entered into pursuant to subsection
(a), the National Academy shall conduct a study and review of
the management structures within the Department.
(2) Requirements.--In carrying out the study and review
pursuant to paragraph (1), the National Academy shall--
(A) examine alternatives and develop
recommendations for improving the management of the
Department;
(B) develop recommendations relating to office
creation, restructuring, movement, or consolidation to
improve the management of the Department, including
with respect to performance and accountability;
(C) review previous management reports and
recommendations; and
(D) review best practices of other Federal agencies
and State governments and ascertain if such best
practices may be applicable to the Department.
(3) Consultation.--In conducting the study and review
pursuant to paragraph (1), the National Academy shall consult
with the Secretary, relevant employees of the Department, and
such persons outside of the Department as the National Academy
considers appropriate and have an interest in the affairs of
the Department.
(c) Report.--Not later than 540 days after the date of the
enactment of this Act, the National Academy shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report that
contains--
(1) the findings of the National Academy with respect to
the study and review conducted under subsection (b), including
the recommendations developed under subparagraphs (A) and (B)
of paragraph (2) of such subsection; and
(2) such other recommendations as the National Academy
believes are necessary and relevant to the study and review.
(d) Views of the Secretary.--Not later than 90 days after the
National Academy submits the report required by subsection (c), the
Secretary shall submit to the committees described in such subsection
the views of the Secretary regarding the following:
(1) The study and review conducted under subsection (b).
(2) The findings of the National Academy reported pursuant
to subsection (c)(1).
(3) Each of the recommendations made by the National
Academy in the report.
(4) The intent of the Secretary to implement such
recommendations.
(5) A timeline for such implementation.
(6) Whether implementing such recommendations would require
legislative action.
(7) Not implementing the recommendations described in
paragraph (3) and the reason for such decision.
<all>