IB 

Union Calendar No. 173 

113TH CONGRESS 

1ST SESSION H. R. 2072 

[Report No. 113–245] 

To amend title 38, United States Code, to improve the accountability of 

the Secretary of Veterans Affairs to the Inspector General of the Department of Veterans Affairs. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 21, 2013 

Mr. BENISHEK introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

OCTOBER 16, 2013 

Additional sponsors: Mr. YOHO, Mrs. ELLMERS, Mr. JONES, Mr. COLLINS of 

New York, Ms. SINEMA, and Mrs. WALORSKI

OCTOBER 16, 2013 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 21, 2013] 


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A BILL 

To amend title 38, United States Code, to improve the 

accountability of the Secretary of Veterans Affairs to 

the Inspector General of the Department of Veterans 

Affairs. 


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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Demanding Account5 ability for Veterans Act of 2013’’. 

6 SEC. 2. SCORING OF BUDGETARY EFFECTS. 

7 The budgetary effects of this Act, for the purpose of 

8 complying with the Statutory Pay-As-You-Go Act of 2010, 

9 shall be determined by reference to the latest statement titled 

10 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 

11 submitted for printing in the Congressional Record by the 

12 Chairman of the House Budget Committee, provided that 

13 such statement has been submitted prior to the vote on pas14 sage. 

15 SEC. 3. ACCOUNTABILITY OF SECRETARY OF VETERANS AF16 FAIRS TO INSPECTOR GENERAL OF THE DE17 PARTMENT OF VETERANS AFFAIRS. 

18 (a) IN GENERAL.—Chapter 7 of title 38, United States 

19 Code, is amended by adding at the end the following new 

20 section: 

21 ‘‘§ 712. Accountability of Secretary to Inspector Gen22 eral 

23 ‘‘(a) LIST OF MANAGERS.—(1) If the Inspector Gen24 eral of the Department of Veterans Affairs determines that 

25 the Secretary has not appropriately responded with signifiVerDate Mar 15 2010 01:35 Oct 17, 2013 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H2072.RH H2072

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1 cant progress to a covered report by the date specified in 

2 the action plan of the Secretary developed in response to 

3 such covered report— 

4 ‘‘(A) the Inspector General shall notify the Com5 mittees on Veterans’ Affairs of the Senate and House 

6 of Representatives and the Secretary of such failure to 

7 appropriately respond; and 

8 ‘‘(B) not later than 15 days after such notifica9 tion, the Secretary shall submit to the Inspector Gen10 eral a list of the names of each responsible manager 

11 and the matter in the action plan for which the man12 ager is responsible. 

13 ‘‘(2) The Inspector General may not make public the 

14 names of responsible managers submitted under paragraph 

15 (1)(B). 

16 ‘‘(b) PERFORMANCE OF RESPONSIBLE MANAGERS.— 

17 (1) The Secretary shall— 

18 ‘‘(A) promptly notify each responsible manager 

19 of a covered issue by not later than seven days after 

20 the date on which the Secretary submits to the Inspec21 tor General the name of the manager under subsection 

22 (a)(1)(B); 

23 ‘‘(B) direct such manager to resolve such issue; 

24 and 


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1 ‘‘(C) provide such manager with appropriate 

2 counseling and a mitigation plan with respect to re3 solving such issue. 

4 ‘‘(2) The Secretary shall ensure that any performance 

5 review of a responsible manager includes an evaluation of 

6 whether the manager took appropriate actions during the 

7 period covered by the review to respond to the covered issue 

8 for which a request was made under subsection (a). 

9 ‘‘(3) The Secretary may not pay to a responsible man10 ager any bonus or award, including a performance award 

11 under section 5384 of title 5 if the covered issue for which 

12 a request was made under subsection (a) is unresolved. 

13 ‘‘(c) ROLE OF INSPECTOR GENERAL.—Any authority 

14 of the Inspector General provided under this section is in 

15 addition to any responsibility or authority provided to the 

16 Inspector General in the Inspector General Act of 1978 (5 

17 U.S.C. App). 

18 ‘‘(d) DEFINITIONS.—In this section: 

19 ‘‘(1) The term ‘covered issue’ means, with respect 

20 to a responsible manager, an issue described in a cov21 ered report for which the manager is or was respon22 sible. 

23 ‘‘(2) The term ‘covered report’ means a report by 

24 the Inspector General of the Department of Veterans 

25 Affairs that recommends actions to the Secretary of 


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1 Veterans Affairs (or other official or employee of the 

2 Department) to address an issue in the Department 

3 with respect to public health or safety. 

4 ‘‘(3) The term ‘responsible manager’ means an 

5 individual who— 

6 ‘‘(A) is an employee of the Department; 

7 ‘‘(B) is or was responsible for an issue in8 cluded in a covered report; and 

9 ‘‘(C) in being so responsible, is or was em10 ployed in a management position, regardless of 

11 whether the employee is in the competitive civil 

12 service, Senior Executive Service, or other type 

13 of civil service.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections at 

15 the beginning of such chapter is amended by inserting after 

16 the item relating to section 711 the following new item: 

‘‘712. Accountability of Secretary to Inspector General.’’. 

17 SEC. 4. SECRETARY OF VETERANS AFFAIRS CONTRACT AU18 THORITY FOR TRANSFER OF VETERANS NON19 DEPARTMENT MEDICAL FOSTER HOMES. 

20 (a) AUTHORITY.—Section 1720 of title 38, United 

21 States Code, is amended by adding at the end the following 

22 new subsection: 

23 ‘‘(h)(1) During the three-year period beginning on Oc24 tober 1, 2014, at the request of a veteran for whom the Sec25 retary is required to provide nursing home care under secVerDate Mar 15 2010 01:35 Oct 17, 2013 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H2072.RH H2072

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1 tion 1710A of this title, the Secretary may transfer the vet2 eran to a medical foster home that meets Department stand3 ards, at the expense of the United States, pursuant to a 

4 contract or agreement entered into between the Secretary 

5 and the medical foster home for such purpose. A veteran 

6 who is transferred to a medical foster home under this sub7 section shall agree, as a condition of such transfer, to accept 

8 home health services furnished by the Secretary under sec9 tion 1717 of this title. 

10 ‘‘(2) For purposes of this subsection, the term ‘medical 

11 foster home’ means a home designed to provide non-institu12 tional, long-term, supportive care for veterans who are un13 able to live independently and prefer a family setting.’’. 

14 (b) EFFECTIVE DATE.—Subsection (h) of title 38, 

15 United States Code, as added by subsection (a), shall take 

16 effect on October 1, 2014. 

17 SEC. 5. CONDITIONS ON THE AWARD OF PER DIEM PAY18 MENTS BY THE SECRETARY OF VETERANS AF19 FAIRS FOR THE PROVISION OF HOUSING OR 

20 SERVICES TO HOMELESS VETERANS. 

21 (a) CONDITION.— 

22 (1) IN GENERAL.—Paragraph (1) of section 

23 2012(c) of title 38, United States Code, is amended to 

24 read as follows: 


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1 ‘‘(1) Except as provided in paragraph (2), a per diem 

2 payment may not be provided under this section to a grant 

3 recipient or eligible entity unless the entity submits to the 

4 Secretary an annual certification, approved or verified by 

5 the authority having jurisdiction or a qualified third party, 

6 as determined by the Secretary, that the facility where the 

7 entity provides housing or services for homeless veterans 

8 using grant funds is in compliance with codes relevant to 

9 the operations and level of care provided, including applica10 ble provisions of the most recently published version of the 

11 Life Safety Code or International Building Code and Inter12 national Fire Code (or such versions of such codes that have 

13 been adopted as State or local codes by the jurisdiction in 

14 which the facility is located), licensing requirements, fire 

15 and safety requirements, and any other requirements in the 

16 jurisdiction in which the facility is located regarding the 

17 condition of the facility and the operation of the entity pro18 viding such supportive housing or services. For purposes of 

19 this paragraph, if a facility where a grant recipient or eli20 gible entity provides housing or services for homeless vet21 erans using grant funds is located in a jurisdiction without 

22 relevant code requirements, the Secretary shall determine 

23 code and inspection requirements to be applied to the facil24 ity.’’. 


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1 (2) EFFECTIVE DATE.—The amendment made by 

2 paragraph (1) shall apply with respect to an applica3 tion for a per diem payment under section 2012 of 

4 title 38, United States Code, submitted on or after the 

5 date of the enactment of this Act. 

6 (b) ANNUAL REPORT.—Section 2065(b) of title 38, 

7 United States Code, is amended— 

8 (1) by redesignating paragraph (6) as para9 graph (7); and 

10 (2) by inserting after paragraph (5) the fol11 lowing new paragraph (6): 

12 ‘‘(6) The Secretary’s evaluation of the safety and 

13 accessibility of facilities used to provide programs es14 tablished by grant recipients or eligible entities under 

15 section 2011 and 2012 of this title, including the 

16 number of such grant recipients or eligible entities 

17 who have submitted a certification under section 

18 2012(c)(1).’’. 

19 (c) TREATMENT OF CURRENT RECIPIENTS.—In the 

20 case of the recipient of a per diem payment under section 

21 2012 of title 38, United States Code, that receives such a 

22 payment during the year in which this Act is enacted, the 

23 Secretary of Veterans Affairs shall require the recipient to 

24 submit the certification required under section 2012(c)(1) 

25 of such title, as amended by subsection (a)(1), by not later 


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1 than two years after the date of the enactment of this Act. 

2 If the recipient fails to submit such certification by such 

3 date, the Secretary may not make any additional per diem 

4 payments to the recipient under such section 2012 until the 

5 recipient submits such certification. 

6 SEC. 6. EXTENSION OF LOAN GUARANTY FEE FOR CERTAIN 

7 SUBSEQUENT LOANS. 

8 (a) EXTENSION.—Section 3729(b)(2) of title 38, 

9 United States Code, is amended— 

10 (1) in subparagraph (A)— 

11 (A) in clause (iii), by striking ‘‘October 1, 

12 2017’’ and inserting ‘‘October 1, 2018’’; and 

13 (B) in clause (iv), by striking ‘‘October 1, 

14 2017’’ and inserting ‘‘October 1, 2018’’; 

15 (2) in subparagraph (C)— 

16 (A) in clause (i), by striking ‘‘October 1, 

17 2017’’ and inserting ‘‘October 1, 2018’’; and 

18 (B) in clause (ii), by striking ‘‘October 1, 

19 2017’’ and inserting ‘‘October 1, 2018’’; and 

20 (3) in subparagraph (D)— 

21 (A) in clause (i), by striking ‘‘October 1, 

22 2017’’ and inserting ‘‘October 1, 2018’’; and 

23 (B) in clause (ii), by striking ‘‘October 1, 

24 2017’’ and inserting ‘‘October 1, 2018’’. 


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1 SEC. 7. LAND CONVEYANCE, DEPARTMENT OF VETERANS 

2 AFFAIRS PROPERTY, TUSKEGEE, ALABAMA. 

3 (a) FINDINGS.—Congress makes the following findings: 

4 (1) In 1922, Tuskegee University voted to donate 

5 three hundred acres of land to the United States to 

6 build a veterans’ hospital, a portion of which is de7 scribed in subsection (b). 

8 (2) The property is administered by the Depart9 ment of Veterans Affairs and has been used as space 

10 for the Tuskegee Veteran’s Hospital. 

11 (3) Tuskegee University (hereinafter referred to 

12 as the ‘‘University’’) is a State-related land grant in13 stitution of higher learning that intends to use the 

14 property described in subsection (b) to further the 

15 education and general welfare of its students. 

16 (4) As provided in subsection (b), the conveyance 

17 of the property to the University would promote the 

18 University’s educational mission and related purposes 

19 and result in savings to the Federal Government. 

20 (b) CONVEYANCE AUTHORIZED.—The Secretary of Vet21 erans Affairs shall, without consideration, convey all right, 

22 title, and interest of the United States in and to a parcel 

23 of real property, including improvements thereon, con24 sisting of approximately 64.5 acres located at 2400 Hos25 pital Road, Tuskegee, Alabama, including building num26 bers 19–29, 50–51, 59–60, 62–63, 80, 94, 96, and 124, to 


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1 Tuskegee University, for the purpose of permitting Tuskegee 

2 University to use the property to further the education and 

3 general welfare of its students. In carrying out the convey4 ance under this subsection, the Secretary may survey all 

5 or a portion of the property to be conveyed if the Secretary 

6 determines such a survey would be necessary or desirable. 

7 (c) HAZARDOUS SUBSTANCES.—Notwithstanding sec8 tion 120(h) of the Comprehensive Environmental Response, 

9 Compensation, and Liability Act of 1980 (42 U.S.C. 

10 9620(h)) or the Solid Waste Disposal Act (42 U.S.C. 6901 

11 et seq.), in the conveyance of the property under subsection 

12 (b), the Secretary shall be only required to meet the disclo13 sure requirements for hazardous substances, pollutants, and 

14 contaminants, but otherwise shall not be required to reme15 diate or abate the release of any hazardous substance, pol16 lutant, or contaminant, including petroleum and petroleum 

17 derivatives. 

18 (d) COOPERATIVE AUTHORITY.— 

19 (1) LEASES, CONTRACTS, AND COOPERATIVE

20 AGREEMENTS AUTHORIZED.—In conjunction with, or 

21 in addition to, the conveyance under subsection (b), 

22 the Secretary may enter into leases, contracts, and co23 operative agreements with the University related to 

24 the conveyance authorized under subsection (b). 


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1 (2) SOLE SOURCE.—Notwithstanding division C 

2 of subtitle I of title 41, United States Code, or any 

3 other provision of law, the Secretary may lease real 

4 property from the University on a noncompetitive 

5 basis. 

6 (3) NON-EXCLUSIVE AUTHORITY.—The authority 

7 provided by this subsection is in addition to any 

8 other authority of the Secretary. 

9 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec10 retary may require such reasonable terms and conditions 

11 in connection with the conveyance under subsection (b) as 

12 the Secretary considers appropriate to protect the interests 

13 of the United States, except that the conveyance may not 

14 require further administrative or environmental analyses or 

15 examination. 

16 (f) LIMITATION.—The Secretary may not make the 

17 conveyance under subsection (b) before October 1, 2014. 

18 SEC. 8. EXTENSION OF AUTHORITY OF SECRETARY OF VET19 ERANS AFFAIRS TO OBTAIN CERTAIN INFOR20 MATION FROM THE SECRETARY OF THE 

21 TREASURY OR THE COMMISSIONER OF SO22 CIAL SECURITY. 

23 Section 5317 of title 38, United States Code, is amend24 ed by striking ‘‘September 30, 2016’’ and inserting ‘‘May 

25 31, 2017’’. 


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Union Calendar No. 173 

113TH CONGRESS 

1ST SESSION H. R. 2072 

[Report No. 113–245] 

A BILL 

To amend title 38, United States Code, to improve 

ment of Veterans Affairs. Affairs to the Inspector General of the Departthe accountability of the Secretary of Veterans 

OCTOBER 16, 2013 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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