IIB 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘VA Health Center 

3 Management Stability and Improvement Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) According to data from the Department of 

7 Veterans Affairs, several medical centers of the De8 partment are managed by acting or temporary direc9 tors. 

10 (2) Some of these medical centers have not 

11 been managed by a permanent director for a long 

12 period. 

13 (3) Pursuant to section 317.903 of title 5, Code 

14 of Federal Regulations, a member of the senior exec15 utive service who is detailed to a temporary position 

16 in a department or agency of the Federal Govern17 ment may not serve in that position for periods 

18 longer than 120-day increments, and no member of 

19 the senior executive service may be detailed to an 

20 unclassified position for a period longer than 240 

21 days. 

22 (4) The inability of the Department of Veterans 

23 Affairs to recruit qualified, permanent candidates as 

24 directors of medical centers, combined with the poli25 cies described in paragraph (3), leads to frequent 

26 turnover of directors at the medical centers which 


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1 impedes the ability of system management to engage 

2 in long-term planning and other functions necessary 

3 to improve service delivery to veterans. 

4 (5) The Secretary of Veterans Affairs should 

5 develop a comprehensive plan to recruit permanent 

6 directors at each medical center that lacks a perma7 nent director. 

8 SEC. 3. PLAN TO HIRE DIRECTORS OF MEDICAL CENTERS 

9 OF DEPARTMENT OF VETERANS AFFAIRS. 

10 (a) PLAN.—Not later than 120 days after the date 

11 of the enactment of this Act, the Secretary of Veterans 

12 Affairs shall develop and implement a plan to hire highly 

13 qualified directors for each medical center of the Depart14 ment of Veterans Affairs that lacks a permanent director 

15 as of the date of the plan. The Secretary shall prioritize 

16 the hiring of such directors for the medical centers that 

17 have not had a permanent director for the longest periods. 

18 (b) MATTERS INCLUDED.—The plan developed under 

19 subsection (a) shall include the following: 

20 (1) A deadline to hire the directors of the med21 ical centers of the Department as described in such 

22 subsection. 

23 (2) Identification of the possible impediments to 

24 such hiring. 


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1 (3) Identification of opportunities to promote 

2 and train candidates from within the Department to 

3 senior executive positions in the Department, includ4 ing as directors of medical centers. 

5 (c) SUBMISSION.—Not later than 120 days after the 

6 date of the enactment of this Act, the Secretary shall sub7 mit to the Committees on Veterans’ Affairs of the House 

8 of Representatives and the Senate the plan developed 

9 under subsection (a). 

10 (d) SEMIANNUAL REPORTS.—Not later than 180 

11 days after the date of the enactment of this Act, and each 

12 180-day period thereafter until January 1, 2018, the Sec13 retary shall submit to the Committees on Veterans’ Affairs 

14 of the House of Representatives and the Senate a list of 

15 each medical center of the Department that lacks a per16 manent director as of the date of the report. 

17 SEC. 4. COMPLIANCE WITH SCHEDULING REQUIREMENTS. 

18 (a) ANNUAL CERTIFICATION.— 

19 (1) IN GENERAL.—The Secretary of Veterans 

20 Affairs shall ensure that the director of each medical 

21 facility of the Department of Veterans Affairs annu22 ally certifies to the Secretary that the medical facil23 ity is in full compliance with all provisions of law 

24 and regulations relating to scheduling appointments 

25 for veterans to receive hospital care and medical 


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1 services, including pursuant to Veterans Health Ad2 ministration Directive 2010–027, or any successor 

3 directive. 

4 (2) PROHIBITION ON WAIVER.—The Secretary 

5 may not waive any provision of the laws or regula6 tions described in paragraph (1) for a medical facil7 ity of the Department if such provision otherwise ap8 plies to the medical facility. 

9 (b) EXPLANATION OF NONCOMPLIANCE.—If a direc10 tor of a medical facility of the Department does not make 

11 a certification under subsection (a)(1) for any year, the 

12 director shall submit to the Secretary a report con13 taining— 

14 (1) an explanation of why the director is unable 

15 to make such certification; and 

16 (2) a description of the actions the director is 

17 taking to ensure full compliance with the laws and 

18 regulations described in such subsection. 

19 (c) PROHIBITION ON BONUSES BASED ON NON20 COMPLIANCE.— 

21 (1) IN GENERAL.—If a director of a medical fa22 cility of the Department does not make a certifi23 cation under subsection (a)(1) for any year, each 

24 covered official described in paragraph (2) may not 

25 receive an award or bonus under chapter 45 or 53 


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1 of title 5, United States Code, or any other award 

2 or bonus authorized under such title or title 38, 

3 United States Code, during the year following the 

4 year in which the certification was not made. 

5 (2) COVERED OFFICIAL.—A covered official de6 scribed in this paragraph is each official who serves 

7 in the following positions at a medical facility of the 

8 Department during a year, or portion thereof, for 

9 which the director does not make a certification 

10 under subsection (a)(1): 

11 (A) The director. 

12 (B) The chief of staff. 

13 (C) The associate director. 

14 (D) The associate director for patient care. 

15 (E) The deputy chief of staff. 

16 (d) ANNUAL REPORT.—The Secretary shall annually 

17 submit to the Committees on Veterans’ Affairs of the 

18 House of Representative and the Senate a report con19 taining, with respect to the year covered by the report— 

20 (1) a list of each medical facility of the Depart21 ment for which a certification was made under sub22 section (a)(1); and 

23 (2) a list of each medical facility of the Depart24 ment for which such a certification was not made, 


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1 including a copy of each report submitted to the 

2 Secretary under subsection (b). 

3 SEC. 5. UNIFORM APPLICATION OF DIRECTIVES AND POLI4 CIES OF DEPARTMENT OF VETERANS AF5 FAIRS. 

6 (a) IN GENERAL.—The Secretary of Veterans Affairs 

7 shall ensure that the directives and policies of the Depart8 ment of Veterans Affairs apply to each office or facility 

9 of the Department in a uniform manner. 

10 (b) NOTIFICATION.—If the Secretary does not uni11 formly apply the directives and policies of the Department 

12 pursuant to subsection (a), including by waiving such a 

13 directive or policy with respect to an office, facility, or ele14 ment of the Department, the Secretary shall notify the 

15 Committees on Veterans’ Affairs of the House of Rep16 resentative and the Senate of such nonuniform applica17 tion, including an explanation for the nonuniform applica18 tion. 

Passed the House of Representatives May 23, 2016. 

Attest: KAREN L. HAAS, 

Clerk. 


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