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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3956 Referred in Senate (RFS)]

<DOC>
114th CONGRESS
  2d Session
                                H. R. 3956

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 24, 2016

Received; read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 AN ACT

 
To direct the Secretary of Veterans Affairs to develop and implement a 
  plan to hire directors of the medical centers of the Department of 
               Veterans Affairs, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``VA Health Center Management 
Stability and Improvement Act''.

SEC. 2. FINDINGS.

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

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

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

SEC. 4. COMPLIANCE WITH SCHEDULING REQUIREMENTS.

    (a) Annual Certification.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        ensure that the director of each medical facility of the 
        Department of Veterans Affairs annually certifies to the 
        Secretary that the medical facility is in full compliance with 
        all provisions of law and regulations relating to scheduling 
        appointments for veterans to receive hospital care and medical 
        services, including pursuant to Veterans Health Administration 
        Directive 2010-027, or any successor directive.
            (2) Prohibition on waiver.--The Secretary may not waive any 
        provision of the laws or regulations described in paragraph (1) 
        for a medical facility of the Department if such provision 
        otherwise applies to the medical facility.
    (b) Explanation of Noncompliance.--If a director of a medical 
facility of the Department does not make a certification under 
subsection (a)(1) for any year, the director shall submit to the 
Secretary a report containing--
            (1) an explanation of why the director is unable to make 
        such certification; and
            (2) a description of the actions the director is taking to 
        ensure full compliance with the laws and regulations described 
        in such subsection.
    (c) Prohibition on Bonuses Based on Noncompliance.--
            (1) In general.--If a director of a medical facility of the 
        Department does not make a certification under subsection 
        (a)(1) for any year, each covered official described in 
        paragraph (2) may not receive an award or bonus under chapter 
        45 or 53 of title 5, United States Code, or any other award or 
        bonus authorized under such title or title 38, United States 
        Code, during the year following the year in which the 
        certification was not made.
            (2) Covered official.--A covered official described in this 
        paragraph is each official who serves in the following 
        positions at a medical facility of the Department during a 
        year, or portion thereof, for which the director does not make 
        a certification under subsection (a)(1):
                    (A) The director.
                    (B) The chief of staff.
                    (C) The associate director.
                    (D) The associate director for patient care.
                    (E) The deputy chief of staff.
    (d) Annual Report.--The Secretary shall annually submit to the 
Committees on Veterans' Affairs of the House of Representative and the 
Senate a report containing, with respect to the year covered by the 
report--
            (1) a list of each medical facility of the Department for 
        which a certification was made under subsection (a)(1); and
            (2) a list of each medical facility of the Department for 
        which such a certification was not made, including a copy of 
        each report submitted to the Secretary under subsection (b).

SEC. 5. UNIFORM APPLICATION OF DIRECTIVES AND POLICIES OF DEPARTMENT OF 
              VETERANS AFFAIRS.

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

            Passed the House of Representatives May 23, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
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