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[House Report 114-742]
[From the U.S. Government Publishing Office]

114th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                      {      114-742

======================================================================

 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5620) TO AMEND TITLE 38, 
UNITED STATES CODE, TO PROVIDE FOR THE REMOVAL OR DEMOTION OF EMPLOYEES 
     OF THE DEPARTMENT OF VETERANS AFFAIRS BASED ON PERFORMANCE OR 
                   MISCONDUCT, AND FOR OTHER PURPOSES

                                _______
                                

 September 12, 2016.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Collins of Georgia from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 859]

    The Committee on Rules, having had under consideration 
House Resolution 859, by a record vote of 7 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 5620, the 
VA Accountability First and Appeals Modernization Act of 2016, 
under a structured rule. The resolution provides one hour of 
general debate equally divided and controlled by the chair and 
ranking minority member of the Committee on Veterans' Affairs. 
The resolution waives all points of order against consideration 
of the bill. The resolution provides that the bill shall be 
considered as read. The resolution waives all points of order 
against provisions in the bill. The resolution makes in order 
only those amendments printed in this report. Each such 
amendment may be offered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of 
the question in the House or in the Committee of the Whole. The 
resolution waives all points of order against the amendments 
printed in this report. The resolution provides one motion to 
recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 207

    Motion by Ms. Foxx to report the rule. Adopted: 7-3

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Cole........................................  ............  Mr. McGovern......................          Nay
Mr. Woodall.....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Burgess.....................................          Yea   Mr. Polis.........................  ............
Mr. Stivers.....................................          Yea
Mr. Collins.....................................          Yea
Mr. Byrne.......................................          Yea
Mr. Newhouse....................................  ............
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. Miller, Jeff (FL): MANAGER'S Makes technical and 
conforming changes to the bill and aligns the due process 
procedures for the recoupment provisions of the bill. (10 
minutes)
    2. Walz (MN), Titus (NV): Strikes sections 2 through 8 and 
section 10. (10 minutes)
    3. Takano (CA): Replaces Section 3 with a new provision 
allowing the Secretary to suspend without pay any VA employee 
whose performance or misconduct threatens public health or 
safety, including the health and safety of veterans; and may 
remove a suspended employee after such investigation and review 
as the Secretary considers necessary, if the Secretary 
determines removal is in the interests of public health and 
safety. (10 minutes)
    4. Lujan Grisham (NM): Adds Members of Congress to the 
reporting requirements. (10 minutes)
    5. Kuster, Ann (NH): Replaces Section 7 with S. 2921 
Section 113, which contains an improved process to expedite the 
removal or demotion of a member of the Senior Executive 
Service. (10 minutes)
    6. Kirkpatrick (AZ): Replaces Section 8 with Sections 101-
104 from S. 2921 to create the VA Office of Accountability and 
Whistleblower Protection. (10 minutes)
    7. Newhouse (WA): Applies the statutory requirements of the 
Emergency Medical Treatment and Labor Act (EMTALA) to emergency 
care furnished by the VA to enrolled veterans. Requires every 
enrolled veteran who arrives at the emergency department of a 
VA medical facility, and indicates an emergency condition 
exists, be assessed and treated in an effort to prevent further 
injury or death. (10 minutes)
    8. Schweikert (AZ): Requires that the VA use distributive 
ledger technology when scheduling healthcare appointments to 
ensure transparency and accountability 1 year after enactment. 
(10 minutes)
    9. Cartwright (PA): Authorizes the Department of Veterans 
Affairs to appoint a psychiatrist who completes a residency at 
a Veterans Health Administration (VHA) facility to a VHA health 
care position immediately after such residency, without regard 
to civil service or classification laws, if the psychiatrist 
meets the qualifications established in regulations prescribed 
for the position, and the position has been unfilled for at 
least 35 days. (10 minutes)
    10. Frankel (FL): Provides the sense of the Congress 
honoring American veterans disabled for life and encouraging 
Americans to do so each years. (10 minutes)
    11. Gallego (AZ): Establishes positions of Directors of 
Veterans Integrated Service Networks (VISN) in the VA's Office 
of Undersecretary for Health. (10 minutes)
    12. Keating (MA), Rothfus (PA): Directs healthcare 
providers with VA affiliation to take continuing education 
courses specific to pain management, opioids, and substance 
abuse. (10 minutes)
    13. Lowenthal (CA): Requires the Secretary of Veterans 
Affairs or a designee to review covered whistleblower 
complaints quarterly. (10 minutes)
    14. Lujan (NM): Directs the VA to produce a report on the 
number of part-time active duty military physicians in VA 
health facilities, the hiring process for part-time active duty 
military physicians, the hiring process for part-time civilian 
physicians in, and the steps the VA is taking to recruit active 
duty military physicians for part-time employment in VA health 
facilities. (10 minutes)
    15. Maloney, Sean (NY): Extends the Department of Veterans 
Affairs authority for the performance of medical disability 
evaluations by contract physicians by one year. (10 minutes)
    16. O'Rourke (TX), Stefanik (NY): Provides the VA with the 
authority to offer physicians conditional job offers two years 
earlier and increases the VA's recruiting outreach efforts to 
academic affiliate institutions. (10 minutes)
    17. O'Rourke (TX): Provides the VA with the authority to 
share a patient's electronic health record with VA community-
based providers, while maintaining HIPPA protections. (10 
minutes)
    18. O'Rourke (TX): Directs the Secretary of Veterans 
Affairs to conduct annual surveys of veterans on experiences 
obtaining hospital care and medical services from medical 
facilities of the Department of Veterans Affairs. (10 minutes)
    19. Walz (MN): Enables any person who is entitled to 
retired pay for nonregular (reserve) service or who, but for 
age, would be so entitled to be honored as a veteran. A person 
shall not be entitled to any benefit by reason of such 
recognition. (10 minutes)
    20. Walz (MN): Allows the Secretary of the VA to furnish 
rehabilitative equipment to Veterans entitled to prosthetic 
appliances, and modify non-rehabilitative equipment owned by 
the Veteran to meet that purpose, if the Veteran elects. 
Rehabilitative equipment includes recreational sports equipment 
that provides an adaption or accommodation for the Veteran. (10 
minutes)
    21. Duffy (WI): Allows the VA to also use hearing aid 
specialists, who are more available, and are qualified to fit, 
program, adjust, and repair hearing aids. (10 minutes)
    22. Lance (NJ): Inserts the legislative text of H.R. 658 
which requires a V.A. Regional Office carry out claim 
adjudication within 125 days with 98% accuracy. Regional 
Offices must submit a three step report every time it fails to 
meet its 125 day goal with explanation, reasoning and solutions 
for improvement. It will also contain a description of 
additional resources necessary for the office to reach its 
goals, from staffing to policy changes, and an action plan to 
enable the office to meet its goal. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

 1. An Amendment To Be Offered by Representative Miller of Florida or 
                 His Designee, Debatable for 10 Minutes

  Page 4, beginning on line 16, strike ``under section 7701 of 
title 5''.
  Page 11, strike lines 11 through 14 and insert the following:
          ``(B) before such order is made, the individual is 
        afforded--
                  ``(i) notice of the order and an opportunity 
                to respond to the order; and
                  ``(ii) an opportunity to appeal the order to 
                another department or agency of the Federal 
                Government.''.
  Page 14, strike lines 20 through 23 and insert the following:
          ``(2) before such repayment, the employee is 
        afforded--
                  ``(A) notice of the order and an opportunity 
                to respond to the order; and
                  ``(B) an opportunity to appeal the order to 
                another department or agency of the Federal 
                Government.''.
  Page 20, line 8, insert ``consistent with paragraph (3),'' 
before ``may''.
  Page 20, after line 11, insert the following:
  ``(3) An appeal of a personnel action pursuant to paragraph 
(2)(A) must be filed with the Senior Executive Disciplinary 
Appeals Board not later than the date that is seven days after 
the date of such action. If such appeal is not made within the 
seven-day period, the personnel action shall be final and not 
subject to further appeal.''.
  Page 29, strike lines 13 through 18 and insert the following:
  ``(2)(A) Except as provided by subparagraph (B), with respect 
to a supervisory employee subject to an adverse action under 
this section who is--
  ``(i) an individual as that term is defined in section 
715(i)(1) of this title, the procedures under subsections (d) 
and (e) of section 715 of this title shall apply; and
  ``(ii) an individual as that term is defined in section 
713(g)(1) of this title, the procedures under section 713(d) of 
this title shall apply.''.
  Page 29, line 21, strike ``five days'' and insert ``ten 
days''.
  Page 30, line 2, strike ``five-day'' and insert ``ten-day''.
  Page 33, line 17, strike ``except that'' and all that follows 
through the period on line 21 and insert ``except that--''
                                  (I) any such department or 
                                agency shall issue a final 
                                decision with respect to such 
                                appeal not later than the date 
                                that is 30 days after the date 
                                the department or agency 
                                received such appeal; and
                                  (II) if such a final decision 
                                is not made by the applicable 
                                department or agency within 30 
                                days after receiving such 
                                appeal, the order of the 
                                Secretary shall be final and 
                                not subject to further appeal.
  Page 34, line 19, strike ``7742'' and insert ``7332''.
                              ----------                              

 2. An Amendment To Be Offered by Representative Walz of Minnesota or 
                 His Designee, Debatable for 10 Minutes

  Page 1, line 5, strike ``VA Accountability First and''.
  Page 2, beginning line 3, strike sections 2 through 8.
  Page 53, beginning line 14, strike section 10.
                              ----------                              

3. An Amendment To Be Offered By Representative Takano of California or 
                 His Designee, Debatable for 10 Minutes

  Strike section 3 and insert the following:

SEC. 3. SUSPENSION AND REMOVAL OF DEPARTMENT OF VETERANS AFFAIRS 
                    EMPLOYEES FOR PERFORMANCE OR MISCONDUCT THAT IS A 
                    THREAT TO PUBLIC HEALTH OR SAFETY.

  (a) In General.--Chapter 7 of title 38, United States Code, 
is amended by adding after section 713 the following new 
section:

``Sec. 715. Employees: suspension and removal for performance or 
                    misconduct that is a threat to public health or 
                    safety

  ``(a) Suspension and Removal.--Subject to subsections (b) and 
(c), the Secretary may--
          ``(1) suspend without pay an employee of the 
        Department of Veterans Affairs if the Secretary 
        determines the performance or misconduct of the 
        employee is a threat to public health or safety, 
        including the health and safety of veterans; and
          ``(2) remove an employee suspended under paragraph 
        (1) when, after such investigation and review as the 
        Secretary considers necessary, the Secretary determines 
        that removal is necessary in the interests of public 
        health or safety.
  ``(b) Procedure.--An employee suspended under subsection 
(a)(1) is entitled, after suspension and before removal, to--
          ``(1) within 30 days after suspension, a written 
        statement of the specific charges against the employee, 
        which may be amended within 30 days thereafter;
          ``(2) an opportunity within 30 days thereafter, plus 
        an additional 30 days if the charges are amended, to 
        answer the charges and submit affidavits;
          ``(3) a hearing, at the request of the employee, by a 
        Department authority duly constituted for this purpose;
          ``(4) a review of the case by the Secretary, before a 
        decision adverse to the employee is made final; and
          ``(5) written statement of the decision of the 
        Secretary.
  ``(c) Relation to Other Disciplinary Rules.--The authority 
provided under this section shall be in addition to the 
authority provided under section 713 and title 5 with respect 
to disciplinary actions for performance or misconduct.
  ``(d) Back Pay for Whistleblowers.--If any employee of the 
Department of Veterans Affairs is subject to a suspension or 
removal under this section and such suspension or removal is 
determined by an appropriate authority under applicable law, 
rule, regulation, or collective bargaining agreement to be a 
prohibited personnel practice described under section 
2302(b)(8) or (9) of title 5, such employee shall receive back 
pay equal to the total amount of basic pay that such employee 
would have received during the period that the suspension and 
removal (as the case may be) was in effect, less any amounts 
earned by the employee through other employment during that 
period.
  ``(e) Definitions.--In this section, the term `employee' 
means any individual occupying a position within the Department 
of Veterans Affairs under a permanent or indefinite appointment 
and who is not serving a probationary or trial period.''.
  (b) Clerical and Conforming Amendments.--
          (1) Clerical.--The table of sections at the beginning 
        of such chapter is amended by adding after the item 
        relating to section 713 the following new item:

``715. Employees: suspension and removal for performance or misconduct 
          that is a threat to public health or safety.''.

          (2) Conforming.--Section 4303(f) of title 5, United 
        States Code, is amended--
                  (A) by striking ``or'' at the end of 
                paragraph (2);
                  (B) by striking the period at the end of 
                paragraph (3) and inserting ``, or''; and
                  (C) by adding at the end the following:
          ``(4) any suspension or removal under section 715 of 
        title 38.''.
  (c) Report on Suspensions and Removals.--Not later than one 
year after the date of the enactment of this Act, the Inspector 
General of the Department of Veterans Affairs shall submit to 
the Committees on Veterans' Affairs of the House of 
Representatives and the Senate a report on suspensions and 
removals of employees of the Department made under section 715 
of title 38, United States Code, as added by subsection (a). 
Such report shall include, with respect to the period covered 
by the report, the following:
          (1) The number of employees who were suspended under 
        such section.
          (2) The number of employees who were removed under 
        such section.
          (3) A description of the threats to public health or 
        safety that caused such suspensions and removals.
          (4) The number of such suspensions or removals, or 
        proposed suspensions or removals, that were of 
        employees who filed a complaint regarding--
                  (A) an alleged prohibited personnel practice 
                committed by an officer or employee of the 
                Department and described in section 2302(b)(8) 
                or 2302(b)(9)(A)(i), (B), (C), or (D) of title 
                5, United States Code; or
                  (B) the safety of a patient at a medical 
                facility of the Department.
          (5) Of the number of suspensions and removals listed 
        under paragraph (4), the number that the Inspector 
        General considers to be retaliation for whistleblowing.
          (6) The number of such suspensions or removals that 
        were of an employee who was the subject of a complaint 
        made to the Department regarding the health or safety 
        of a patient at a medical facility of the Department.
          (7) Any recommendations by the Inspector General, 
        based on the information described in paragraphs (1) 
        through (6), to improve the authority to make such 
        suspensions and removals.
                              ----------                              

 4. An Amendment To Be Offered by Representative Lujan Grisham of New 
            Mexico or Her Designee, Debatable for 10 Minutes

  Page 4, line 2, after ``Representatives'' insert the 
following: ``and to each Member of Congress representing a 
district in the State or territory where the facility where the 
individual was employed immediately before being removed or 
demoted is located''.
  Page 5, line 22, after ``Representatives'' insert the 
following: ``and to each Member of Congress representing a 
district in the State or territory where the facility where the 
individual was employed immediately before being removed or 
demoted is located''.
  Page 25, line 17, strike ``to the supervisor of the director 
or official.'' and insert ``to--''
          ``(A) the supervisor of the director or official;
          ``(B) the Committees on Veterans' Affairs of the 
        Senate and House or Representatives; and
          ``(C) each Member of Congress representing a district 
        in the State or territory where the facility where the 
        supervisor is employed is located.''.
  Page 36, line 5, after ``Senate'' insert the following: ``and 
each Member of Congress representing a district in the State or 
territory where a facility relevant to the whistleblower 
complaint is located''.
                              ----------                              

5. An Amendment To Be Offered by Representative Kuster of New Hampshire 
               or Her Designee, Debatable for 10 Minutes

  Strike section 7 and insert the following:

SEC. 7. IMPROVED AUTHORITIES OF SECRETARY OF VETERANS AFFAIRS TO 
                    IMPROVE ACCOUNTABILITY OF SENIOR EXECUTIVES.

  (a) Accountability of Senior Executives.--
          (1) In general.--Section 713 of title 38, United 
        States Code, is amended to read as follows:

``Sec. 713. Accountability of senior executives

  ``(a) Authority.--(1) The Secretary may, as provided in this 
section, reprimand or suspend, involuntarily reassign, demote, 
or remove a covered individual from a senior executive position 
at the Department if the Secretary determines that the 
misconduct or performance of the covered individual warrants 
such action.
  ``(2) If the Secretary so removes such an individual, the 
Secretary may remove the individual from the civil service (as 
defined in section 2101 of title 5).
  ``(b) Rights and Procedures.--(1) A covered individual who is 
the subject of an action under subsection (a) is entitled to--
          ``(A) be represented by an attorney or other 
        representative of the covered individual's choice;
          ``(B) not fewer than 10 business days advance written 
        notice of the charges and evidence supporting the 
        action and an opportunity to respond, in a manner 
        prescribed by the Secretary, before a decision is made 
        regarding the action; and
          ``(C) grieve the action in accordance with an 
        internal grievance process that the Secretary, in 
        consultation with the Assistant Secretary for 
        Accountability and Whistleblower Protection, shall 
        establish for purposes of this subsection.
  ``(2)(A) The Secretary shall ensure that the grievance 
process established under paragraph (1)(C) takes fewer than 21 
days.
  ``(B) The Secretary shall ensure that, under the process 
established pursuant to paragraph (1)(C), grievances are 
reviewed only by employees of the Department.
  ``(3) A decision or grievance decision under paragraph (1)(C) 
shall be final and conclusive.
  ``(4) A covered individual adversely affected by a final 
decision under paragraph (1)(C) may obtain judicial review of 
the decision.
  ``(5) In any case in which judicial review is sought under 
paragraph (4), the court shall review the record and may set 
aside any Department action found to be--
          ``(A) arbitrary, capricious, an abuse of discretion, 
        or otherwise not in accordance with a provision of law;
          ``(B) obtained without procedures required by a 
        provision of law having been followed; or
          ``(C) unsupported by substantial evidence.
  ``(c) Relation to Other Provisions of Law.--(1) The authority 
provided by subsection (a) is in addition to the authority 
provided by section 3592 or subchapter V of chapter 75 of title 
5.
  ``(2) Section 3592(b)(1) of title 5 and the procedures under 
section 7543(b) of such title do not apply to an action under 
subsection (a).
  ``(d) Definitions.--In this section:
          ``(1) The term `covered individual' means--
                  ``(A) a career appointee (as that term is 
                defined in section 3132(a)(4) of title 5); or
                  ``(B) any individual who occupies an 
                administrative or executive position and who 
                was appointed under section 7306(a) or section 
                7401(1) of this title.
          ``(2) The term `misconduct' includes neglect of duty, 
        malfeasance, or failure to accept a directed 
        reassignment or to accompany a position in a transfer 
        of function.
          ``(3) The term `senior executive position' means--
                  ``(A) with respect to a career appointee (as 
                that term is defined in section 3132(a) of 
                title 5), a Senior Executive Service position 
                (as such term is defined in such section); and
                  ``(B) with respect to a covered individual 
                appointed under section 7306(a) or section 
                7401(1) of this title, an administrative or 
                executive position.''.
          (2) Conforming amendment.--Section 7461(c)(1) of such 
        title is amended by inserting ``employees in senior 
        executive positions (as defined in section 713(d) of 
        this title) and'' before ``interns''.
  (b) Performance Management.--
          (1) In general.--The Secretary of Veterans Affairs 
        shall establish a performance management system for 
        employees in senior executive positions, as defined in 
        section 713(d) of title 38, United States Code, as 
        amended by subsection (a), that ensures performance 
        ratings and awards given to such employees--
                  (A) meaningfully differentiate extraordinary 
                from satisfactory contributions; and
                  (B) substantively reflect organizational 
                achievements over which the employee has 
                responsibility and control.
          (2) Regulations.--The Secretary shall prescribe 
        regulations to carry out paragraph (1).
                              ----------                              

6. An Amendment To Be Offered by Representative Kirkpatrick of Arizona 
               or Her Designee, Debatable for 10 Minutes

  Strike section 8 and insert the following:

SEC. 8. OFFICE OF ACCOUNTABILITY AND WHISTLEBLOWER PROTECTION.

  (a) In General.--Chapter 3 of title 38, United States Code, 
is amended by adding at the end the following new section:

``Sec. 323. Office of Accountability and Whistleblower Protection

  ``(a) Establishment.--There is established in the Department 
an office to be known as the Office of Accountability and 
Whistleblower Protection (in this section referred to as the 
`Office').
  ``(b) Head of Office.--(1) The head of the Office shall be 
responsible for the functions of the Office and shall be 
appointed by the President pursuant to section 308(a) of this 
title.
  ``(2) The head of the Office shall be known as the `Assistant 
Secretary for Accountability and Whistleblower Protection'.
  ``(3) The Assistant Secretary shall report directly to the 
Secretary on all matters relating to the Office.
  ``(4) Notwithstanding section 308(b) of this title, the 
Secretary may only assign to the Assistant Secretary 
responsibilities relating to the functions of the Office set 
forth in subsection (c).
  ``(c) Functions.--(1) The functions of the Office are as 
follows:
          ``(A) Advising the Secretary on all matters of the 
        Department relating to accountability, including 
        accountability of employees of the Department, 
        retaliation against whistleblowers, and such matters as 
        the Secretary considers similar and affect public trust 
        in the Department.
          ``(B) Issuing reports and providing recommendations 
        related to the duties described in subparagraph (A).
          ``(C) Receiving whistleblower disclosures.
          ``(D) Referring whistleblower disclosures received 
        under subparagraph (C) for investigation to the Office 
        of the Medical Inspector, the Office of Inspector 
        General, or other investigative entity, as appropriate, 
        if the Assistant Secretary has reason to believe the 
        whistleblower disclosure is evidence of a violation of 
        a provision of law, mismanagement, gross waste of 
        funds, abuse of authority, or a substantial and 
        specific danger to public health and safety.
          ``(E) Receiving and referring disclosures from the 
        Special Counsel for investigation to the Medical 
        Inspector of the Department, the Inspector General of 
        the Department, or such other person with investigatory 
        authority, as the Assistant Secretary considers 
        appropriate.
          ``(F) Recording, tracking, reviewing, and confirming 
        implementation of recommendations from audits and 
        investigations carried out by the Inspector General of 
        the Department, the Medical Inspector of the 
        Department, the Special Counsel, and the Comptroller 
        General of the United States, including the imposition 
        of disciplinary actions and other corrective actions 
        contained in such recommendations.
          ``(G) Analyzing data from the Office and the Office 
        of Inspector General telephone hotlines, other 
        whistleblower disclosures, disaggregated by facility 
        and area of health care if appropriate, and relevant 
        audits and investigations to identify trends and issue 
        reports to the Secretary based on analysis conducted 
        under this subparagraph.
          ``(H) Receiving, reviewing, and investigating 
        allegations of misconduct, retaliation, or poor 
        performance involving--
                  ``(i) an individual in a senior executive 
                position (as defined in section 713(d) of this 
                title) in the Department;
                  ``(ii) an individual employed in a 
                confidential, policy-making, policy-
                determining, or policy-advocating position in 
                the Department; or
                  ``(iii) a supervisory employee, if the 
                allegation involves retaliation against an 
                employee for making a whistleblower disclosure.
          ``(I) Making such recommendations to the Secretary 
        for disciplinary action as the Assistant Secretary 
        considers appropriate after substantiating any 
        allegation of misconduct or poor performance pursuant 
        to an investigation carried out as described in 
        subparagraph (F) or (H).
  ``(2) In carrying out the functions of the Office, the 
Assistant Secretary shall ensure that the Office maintains a 
toll-free telephone number and Internet website to receive 
anonymous whistleblower disclosures.
  ``(3) In any case in which the Assistant Secretary receives a 
whistleblower disclosure from an employee of the Department 
under paragraph (1)(C), the Assistant Secretary may not 
disclose the identity of the employee without the consent of 
the employee, except in accordance with the provisions of 
section 552a of title 5, or as required by any other applicable 
provision of Federal law.
  ``(d) Staff and Resources.--The Secretary shall ensure that 
the Assistant Secretary has such staff, resources, and access 
to information as may be necessary to carry out the functions 
of the Office.
  ``(e) Relation to Office of General Counsel.--The Office 
shall not be established as an element of the Office of the 
General Counsel and the Assistant Secretary may not report to 
the General Counsel.
  ``(f) Reports.--(1)(A) Not later than June 30 of each 
calendar year, beginning with June 30, 2017, the Assistant 
Secretary shall submit to the Committee on Veterans' Affairs of 
the Senate and the Committee on Veterans' Affairs of the House 
of Representatives a report on the activities of the Office 
during the calendar year in which the report is submitted.
  ``(B) Each report submitted under subparagraph (A) shall 
include, for the period covered by the report, the following:
          ``(i) A full and substantive analysis of the 
        activities of the Office, including such statistical 
        information as the Assistant Secretary considers 
        appropriate.
          ``(ii) Identification of any issues reported to the 
        Secretary under subsection (c)(1)(G), including such 
        data as the Assistant Secretary considers relevant to 
        such issues and any trends the Assistant Secretary may 
        have identified with respect to such issues.
          ``(iii) Identification of such concerns as the 
        Assistant Secretary may have regarding the size, 
        staffing, and resources of the Office and such 
        recommendations as the Assistant Secretary may have for 
        legislative or administrative action to address such 
        concerns.
          ``(iv) Such recommendations as the Assistant 
        Secretary may have for legislative or administrative 
        action to improve--
                  ``(I) the process by which concerns are 
                reported to the Office; and
                  ``(II) the protection of whistleblowers 
                within the Department.
          ``(v) Such other matters as the Assistant Secretary 
        considers appropriate regarding the functions of the 
        Office or other matters relating to the Office.
  ``(2) If the Secretary receives a recommendation for 
disciplinary action under subsection (c)(1)(I) and does not 
take or initiate the recommended disciplinary action before the 
date that is 60 days after the date on which the Secretary 
received the recommendation, the Secretary shall submit to the 
Committee on Veterans' Affairs of the Senate and the Committee 
on Veterans' Affairs of the House of Representatives a detailed 
justification for not taking or initiating such disciplinary 
action.
  ``(g) Definitions.--In this section:
          ``(1) The term `supervisory employee' means an 
        employee of the Department who is a supervisor as 
        defined in section 7103(a) of title 5.
          ``(2) The term `whistleblower' means one who makes a 
        whistleblower disclosure.
          ``(3) The term `whistleblower disclosure' means any 
        disclosure of information by an employee of the 
        Department or individual applying to become an employee 
        of the Department which the employee or individual 
        reasonably believes evidences--
                  ``(A) a violation of a provision of law; or
                  ``(B) gross mismanagement, a gross waste of 
                funds, an abuse of authority, or a substantial 
                and specific danger to public health or 
                safety.''.
  (b) Conforming Amendment.--Section 308(b) of such title is 
amended by adding at the end the following new paragraph:
          ``(12) The functions set forth in section 323(c) of 
        this title.''.
  (c) Clerical Amendment.--The table of sections at the 
beginning of chapter 3 of such title is amended by adding at 
the end the following new item:

``323. Office of Accountability and Whistleblower Protection.''.

SEC. 9. PROTECTION OF WHISTLEBLOWERS IN DEPARTMENT OF VETERANS AFFAIRS.

  (a) In General.--Chapter 7 of title 38, United States Code, 
is further amended by adding at the end the following new 
sections:

``Sec. 725. Protection of whistleblowers as criteria in evaluation of 
                    supervisors

  ``(a) Development and Use of Criteria Required.--The 
Secretary, in consultation with the Assistant Secretary of 
Accountability and Whistleblower Protection, shall develop 
criteria that--
          ``(1) the Secretary shall use as a critical element 
        in any evaluation of the performance of a supervisory 
        employee; and
          ``(2) promotes the protection of whistleblowers.
  ``(b) Principles for Protection of Whistleblowers.--The 
criteria required by subsection (a) shall include principles 
for the protection of whistleblowers, such as the degree to 
which supervisory employees respond constructively when 
employees of the Department report concerns, take responsible 
action to resolve such concerns, and foster an environment in 
which employees of the Department feel comfortable reporting 
concerns to supervisory employees or to the appropriate 
authorities.
  ``(c) Supervisory Employee and Whistleblower Defined.--In 
this section, the terms `supervisory employee' and 
`whistleblower' have the meanings given such terms in section 
323 of this title.

``Sec. 727. Training regarding whistleblower disclosures

  ``(a) Training.--Not less frequently than once every two 
years, the Secretary, in coordination with the Whistleblower 
Protection Ombudsman designated under section 3(d)(1)(C) of the 
Inspector General Act of 1978 (5 U.S.C. App.), shall provide to 
each employee of the Department training regarding 
whistleblower disclosures, including--
          ``(1) an explanation of each method established by 
        law in which an employee may file a whistleblower 
        disclosure;
          ``(2) the right of the employee to petition Congress 
        regarding a whistleblower disclosure in accordance with 
        section 7211 of title 5;
          ``(3) an explanation that the employee may not be 
        prosecuted or reprised against for disclosing 
        information to Congress, the Inspector General, or 
        another investigatory agency in instances where such 
        disclosure is permitted by law, including under 
        sections 5701, 5705, and 7732 of this title, under 
        section 552a of title 5 (commonly referred to as the 
        Privacy Act), under chapter 93 of title 18, and 
        pursuant to regulations promulgated under section 
        264(c) of the Health Insurance Portability and 
        Accountability Act of 1996 (Public Law 104-191);
          ``(4) an explanation of the language that is required 
        to be included in all nondisclosure policies, forms, 
        and agreements pursuant to section 115(a)(1) of the 
        Whistleblower Protection Enhancement Act of 2012 (5 
        U.S.C. 2302 note); and
          ``(5) the right of contractors to be protected from 
        reprisal for the disclosure of certain information 
        under section 4705 or 4712 of title 41.
  ``(b) Manner Training Is Provided.--The Secretary shall 
ensure, to the maximum extent practicable, that training 
provided under subsection (a) is provided in person.
  ``(c) Certification.--Not less frequently than once every two 
years, the Secretary shall provide training on merit system 
protection in a manner that the Special Counsel certifies as 
being satisfactory.
  ``(d) Publication.--The Secretary shall publish on the 
Internet website of the Department, and display prominently at 
each facility of the Department, the rights of an employee to 
make a whistleblower disclosure, including the information 
described in paragraphs (1) through (5) of subsection (a).
  ``(e) Whistleblower Disclosure Defined.--In this section, the 
term `whistleblower disclosure' has the meaning given such term 
in section 323 of this title.''.
  (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is further amended by adding at the 
end the following new items:

``725. Protection of whistleblowers as criteria in evaluation of 
          supervisors.
``727. Training regarding whistleblower disclosures.''.

SEC. 10. TREATMENT OF CONGRESSIONAL TESTIMONY BY DEPARTMENT OF VETERANS 
                    AFFAIRS EMPLOYEES AS OFFICIAL DUTY.

  (a) In General.--Chapter 7 of title 38, United States Code, 
is further amended by adding at the end the following new 
section:

``Sec. 729. Congressional testimony by employees: treatment as official 
                    duty

  ``(a) Congressional Testimony.--An employee of the Department 
is performing official duty during the period with respect to 
which the employee is testifying in an official capacity in 
front of either chamber of Congress, a committee of either 
chamber of Congress, or a joint or select committee of 
Congress.
  ``(b) Travel Expenses.--The Secretary shall provide travel 
expenses, including per diem in lieu of subsistence, in 
accordance with applicable provisions under subchapter I of 
chapter 57 of title 5, to any employee of the Department of 
Veterans Affairs performing official duty described under 
subsection (a).''.
  (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter, as amended by section 102, is 
further amended by inserting after the item relating to section 
721 the following new item:

``Sec. 729. Congressional testimony by employees: treatment as official 
          duty.''.

SEC. 11. REPORT ON METHODS USED TO INVESTIGATE EMPLOYEES OF DEPARTMENT 
                    OF VETERANS AFFAIRS.

  (a) Report Required.--Not later than 540 days after the date 
of the enactment of this Act, the Assistant Secretary for 
Accountability and Whistleblower Protection shall submit to the 
Secretary, the Committee on Veterans' Affairs of the Senate, 
and the Committee on Veterans' Affairs of the House of 
Representatives a report on methods used to investigate 
employees of the Department of Veterans Affairs and whether 
such methods are used to retaliate against whistleblowers.
  (b) Contents.--The report required by subsection (a) shall 
include the following:
          (1) An assessment of the use of administrative 
        investigation boards, peer review, searches of medical 
        records, and other methods for investigating employees 
        of the Department.
          (2) A determination of whether and to what degree the 
        methods described in paragraph (1) are being used to 
        retaliate against whistleblowers.
          (3) Recommendations for legislative or administrative 
        action to implement safeguards to prevent the 
        retaliation described in paragraph (2).
  (c) Whistleblower Defined.--In this section, the term 
``whistleblower'' has the meaning given such term in section 
323 of title 38, United States Code, as added by section 8.
                              ----------                              

7. An Amendment To Be Offered by Representative Newhouse of Washington 
               or His Designee, Debatable for 10 Minutes

  Add at the end the following new section:

SEC. 11. CLARIFICATION OF EMERGENCY HOSPITAL CARE FURNISHED BY THE 
                    SECRETARY OF VETERANS AFFAIRS TO CERTAIN VETERANS.

  (a) In General.--Chapter 17 of title 38, United States Code, 
is amended by inserting after section 1730A the following new 
section:

``Sec. 1730B. Examination and treatment for emergency medical 
                    conditions and women in labor

  ``(a) Medical Screening Examinations.--In carrying out this 
chapter, if any enrolled veteran requests, or a request is made 
on behalf of the veteran, for examination or treatment for a 
medical condition, regardless of whether such condition is 
service-connected, at a hospital emergency department of a 
medical facility of the Department, the Secretary shall ensure 
that the veteran is provided an appropriate medical screening 
examination within the capability of the emergency department, 
including ancillary services routinely available to the 
emergency department, to determine whether an emergency medical 
condition exists.
  ``(b) Necessary Stabilizing Treatment for Emergency Medical 
Conditions and Labor.--(1) If an enrolled veteran comes to a 
medical facility of the Department and the Secretary determines 
that the veteran has an emergency medical condition, the 
Secretary shall provide either--
          ``(A) such further medical examination and such 
        treatment as may be required to stabilize the medical 
        condition; or
          ``(B) for the transfer of the veteran to another 
        medical facility of the Department or a non-Department 
        facility in accordance with subsection (c).
  ``(2) The Secretary is deemed to meet the requirement of 
paragraph (1)(A) with respect to an enrolled veteran if the 
Secretary offers the veteran the further medical examination 
and treatment described in such paragraph and informs the 
veteran (or an individual acting on behalf of the veteran) of 
the risks and benefits to the veteran of such examination and 
treatment, but the veteran (or individual) refuses to consent 
to the examination and treatment. The Secretary shall take all 
reasonable steps to secure the written informed consent of such 
veteran (or individual) to refuse such examination and 
treatment.
  ``(3) The Secretary is deemed to meet the requirement of 
paragraph (1) with respect to an enrolled veteran if the 
Secretary offers to transfer the individual to another medical 
facility in accordance with subsection (c) of this section and 
informs the veteran (or an individual acting on behalf of the 
veteran) of the risks and benefits to the veteran of such 
transfer, but the veteran (or individual) refuses to consent to 
the transfer. The hospital shall take all reasonable steps to 
secure the written informed consent of such veteran (or 
individual) to refuse such transfer.
  ``(c) Restriction of Transfers Until Veteran Stabilized.--(1) 
If an enrolled veteran at a medical facility of the Department 
has an emergency medical condition that has not been 
stabilized, the Secretary may not transfer the veteran to 
another medical facility of the Department or a non-Department 
facility unless--
          ``(A)(i) the veteran (or a legally responsible 
        individual acting on behalf of the veteran), after 
        being informed of the obligation of the Secretary under 
        this section and of the risk of transfer, requests in 
        writing a transfer to another medical facility;
          ``(ii) a physician has signed a certification 
        (including a summary of the risks and benefits) that, 
        based upon the information available at the time of 
        transfer, the medical benefits reasonably expected from 
        the provision of appropriate medical treatment at 
        another medical facility outweigh the increased risks 
        to the veteran and, in the case of labor, to the unborn 
        child from effecting the transfer; or
          ``(iii) if a physician is not physically present in 
        the emergency department at the time a veteran is 
        transferred, a qualified medical person (as defined by 
        the Secretary in regulations) has signed a 
        certification described in clause (ii) after a 
        physician, in consultation with the person, has made 
        the determination described in such clause, and 
        subsequently countersigns the certification; and
          ``(B) the transfer is an appropriate transfer as 
        described in paragraph (2).
  ``(2) An appropriate transfer to a medical facility is a 
transfer--
          ``(A) in which the transferring medical facility 
        provides the medical treatment within the capacity of 
        the facility that minimizes the risks to the health of 
        the enrolled veteran and, in the case of a woman in 
        labor, the health of the unborn child;
          ``(B) in which the receiving facility--
                  ``(i) has available space and qualified 
                personnel for the treatment of the veteran; and
                  ``(ii) has agreed to accept transfer of the 
                veteran and to provide appropriate medical 
                treatment;
          ``(C) in which the transferring facility sends to the 
        receiving facility all medical records (or copies 
        thereof), related to the emergency condition for which 
        the veteran has presented, available at the time of the 
        transfer, including records related to the emergency 
        medical condition of the veteran, observations of signs 
        or symptoms, preliminary diagnosis, treatment provided, 
        results of any tests and the informed written consent 
        or certification (or copy thereof) provided under 
        paragraph (1)(A), and the name and address of any on-
        call physician (described in subsection (d)(1)(C) of 
        this section) who has refused or failed to appear 
        within a reasonable time to provide necessary 
        stabilizing treatment;
          ``(D) in which the transfer is effected through 
        qualified personnel and transportation equipment, as 
        required including the use of necessary and medically 
        appropriate life support measures during the transfer; 
        and
          ``(E) that meets such other requirements as the 
        Secretary may find necessary in the interest of the 
        health and safety of veterans transferred.
  ``(d) Charges.--(1) Nothing in this section may be construed 
to affect any charges that the Secretary may collect from a 
veteran or third party.
  ``(2) The Secretary shall treat any care provided by a non-
Department facility pursuant to this section as care otherwise 
provided by a non-Department facility pursuant to this chapter 
for purposes of paying such non-Department facility for such 
care.
  ``(e) Nondiscrimination.--A medical facility of the 
Department or a non-Department facility, as the case may be, 
that has specialized capabilities or facilities (such as burn 
units, shock-trauma units, neonatal intensive care units, or 
(with respect to rural areas) regional referral centers as 
identified by the Secretary in regulation) shall not refuse to 
accept an appropriate transfer of an enrolled veteran who 
requires such specialized capabilities or facilities if the 
facility has the capacity to treat the veteran.
  ``(f) No Delay in Examination or Treatment.--A medical 
facility of the Department or a non-Department facility, as the 
case may be, may not delay provision of an appropriate medical 
screening examination required under subsection (a) or further 
medical examination and treatment required under subsection (b) 
of this section in order to inquire about the method of payment 
or insurance status of an enrolled veteran.
  ``(g) Whistleblower Protections.--The Secretary may not take 
adverse action against an employee of the Department because 
the employee refuses to authorize the transfer of an enrolled 
veteran with an emergency medical condition that has not been 
stabilized or because the employee reports a violation of a 
requirement of this section.
  ``(h) Definitions.--In this section:
          ``(1) The term `emergency medical condition' means--
                  ``(A) a medical condition manifesting itself 
                by acute symptoms of sufficient severity 
                (including severe pain) such that the absence 
                of immediate medical attention could reasonably 
                be expected to result in--
                          ``(i) placing the health of the 
                        enrolled veteran (or, with respect to 
                        an enrolled veteran who is a pregnant 
                        woman, the health of the woman or her 
                        unborn child) in serious jeopardy;
                          ``(ii) serious impairment to bodily 
                        functions; or
                          ``(iii) serious dysfunction of any 
                        bodily organ or part; or
                  ``(B) with respect to an enrolled veteran who 
                is a pregnant woman having contractions--
                          ``(i) that there is inadequate time 
                        to effect a safe transfer to another 
                        hospital before delivery; or
                          ``(ii) that transfer may pose a 
                        threat to the health or safety of the 
                        woman or the unborn child.
          ``(2) The term `enrolled veteran' means a veteran who 
        is enrolled in the health care system established under 
        section 1705(a) of this title.
          ``(3) The term `to stabilize' means, with respect to 
        an emergency medical condition described in paragraph 
        (1)(A), to provide such medical treatment of the 
        condition as may be necessary to assure, within 
        reasonable medical probability, that no material 
        deterioration of the condition is likely to result from 
        or occur during the transfer of the enrolled veteran 
        from a facility, or, with respect to an emergency 
        medical condition described in paragraph (1)(B), to 
        deliver (including the placenta).
          ``(4) The term `stabilized' means, with respect to an 
        emergency medical condition described in paragraph 
        (1)(A), that no material deterioration of the condition 
        is likely, within reasonable medical probability, to 
        result from or occur during the transfer of the 
        individual from a facility, or, with respect to an 
        emergency medical condition described in paragraph 
        (1)(B), that the woman has delivered (including the 
        placenta).
          ``(5) The term `transfer' means the movement 
        (including the discharge) of an enrolled veteran 
        outside the facilities of a medical facility of the 
        Department at the direction of any individual employed 
        by (or affiliated or associated, directly or 
        indirectly, with) the Department, but does not include 
        such a movement of an individual who--
                  ``(A) has been declared dead; or
                  ``(B) leaves the facility without the 
                permission of any such person.''.
  (b) Clerical Amendment.--The table of sections of such 
chapter is amended by inserting after the item relating to 
section 1730A the following new item:

``1730B. Examination and treatment for emergency medical conditions and 
          women in labor.''.
                    ____________________________________________________

 8. An Amendment To Be Offered by Representative Schweikert of Arizona 
               or His Designee, Debatable for 10 Minutes

  Add at the end the following new section:

SEC. 11. USE OF DISTRIBUTED LEDGER TECHNOLOGY TO SCHEDULE APPOINTMENTS.

  (a) Use of Distributed Ledger Technology.--
          (1) In general.--Beginning not later than one year 
        after the date of the enactment of this Act, the 
        Secretary of Veterans Affairs shall ensure that 
        veterans seeking health care appointments at medical 
        facilities of the Department are able to use an 
        Internet website, a mobile application, or other 
        similar electronic method to use distributed ledger 
        technology to view such appointments and ascertain 
        whether an employee of the Department of Veterans 
        Affairs has modified such appointments.
          (2) Contracts.--The Secretary shall carry out 
        paragraph (1) by seeking to enter into one or more 
        contracts with appropriate entities to develop the 
        appointment distributed ledger technology system 
        described in such paragraph.
          (3) Privacy and ownership of information.--Any 
        information relating to a veteran that is used or 
        transmitted pursuant to this section--
                  (A) shall be treated in accordance with 
                section 552a of title 5, United States Code 
                (commonly referred to as the ``Privacy Act'') 
                and other applicable laws and regulations 
                relating to the privacy of the veteran;
                  (B) may only be used by an employee or 
                contractor of the Department of Veterans 
                Affairs to carry out paragraph (1); and
                  (C) may not be disclosed to any person who is 
                not the veteran or such an employee or 
                contractor unless the veteran provides consent 
                to such disclosure.
  (b) Report.--Not later than 180 days after the date on which 
the Secretary commences subsection (a)(1), the Secretary shall 
submit to Congress a report on the implementation of this 
section.
  (c) Definitions.--In this section:
          (1) The term ``distributed ledger technology'' means 
        technology using a consensus of replicated, shared, and 
        synchronized digital data that is geographically spread 
        across multiple digital systems.
          (2) The term ``mobile application'' means a software 
        program that runs on the operating system of a mobile 
        device.
          (3) The term ``mobile device'' means a smartphone, 
        tablet computer, or similar portable computing device 
        that transmits data over a wireless connection.
                              ----------                              

     9. An Amendment To Be Offered by Representative Cartwright of 
         Pennsylvania or His Designee, Debatable for 10 Minutes

  Page 54, after line 2, insert the following:

SEC. 11. APPOINTMENT OF PSYCHIATRISTS BY VETERANS HEALTH 
                    ADMINISTRATION.

  (a) In General.--Chapter 74 of title 38, United States Code, 
is amended by inserting after section 7406 the following new 
section:

``Sec. 7406A. Appointment of certain psychiatrists who complete 
                    residencies

  ``(a) In General.--(1) Subject to subsection (b), the 
Secretary may appoint, without regard to civil service or 
classification laws, a psychiatrist who completes a residency 
under section 7406 of this title to a position under section 
7401 or 7405 immediately after such residency, if the 
psychiatrist meets the qualifications established in 
regulations prescribed by the Secretary for such position.
  ``(2) The Secretary may begin the process of appointing a 
psychiatrist under paragraph (1) before the psychiatrist 
completes a residency.
  ``(b) Positions Permitted.--The Secretary may appoint a 
psychiatrist under subsection (a) if the position to which the 
psychiatrist is appointed has been unfilled for not less than 
35 days as of the date of the appointment.''.
  (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 7406 the following new item:

``7406A. Appointment of certain psychiatrists who complete 
          residencies.''.
                    ____________________________________________________

10. An Amendment To Be Offered by Representative Frankel of Florida or 
                 Her Designee, Debatable for 10 Minutes

  Page 54, after line 2, insert the following:

SEC. 11. SENSE OF CONGRESS REGARDING AMERICAN VETERANS DISABLED FOR 
                    LIFE.

  (a) Findings.--Congress finds the following:
          (1) There are at least 3,600,000 veterans currently 
        living with service-connected disabilities.
          (2) As a result of their service, many veterans are 
        permanently disabled throughout their lives and in many 
        cases must rely on the support of their families and 
        friends when these visible and invisible burdens become 
        too much to bear alone.
          (3) October 5, which is the anniversary of the 
        dedication of the American Veterans Disabled for Life 
        Memorial, has been recognized as an appropriate day on 
        which to honor American veterans disabled for life each 
        year.
  (b) Sense of Congress.--Congress--
          (1) expresses its appreciation to the men and women 
        left permanently wounded, ill, or injured as a result 
        of their service in the Armed Forces;
          (2) supports the annual recognition of American 
        veterans disabled for life; and
          (3) encourages the American people to honor American 
        veterans disabled for life each year with appropriate 
        programs and activities.
                              ----------                              

11. An Amendment To Be Offered by Representative Gallego of Arizona or 
                 His Designee, Debatable for 10 Minutes

  Page 54, after line 2, insert the following:

SEC. 11. ESTABLISHMENT OF POSITIONS OF DIRECTORS OF VETERANS INTEGRATED 
                    SERVICE NETWORKS IN OFFICE OF UNDER SECRETARY FOR 
                    HEALTH OF DEPARTMENT OF VETERANS AFFAIRS AND 
                    MODIFICATION OF QUALIFICATIONS FOR MEDICAL 
                    DIRECTORS.

  Section 7306(a)(4) of title 38, United States Code, is 
amended--
          (1) by inserting ``and Directors of Veterans 
        Integrated Service Networks'' after ``Such Medical 
        Directors''; and
          (2) by striking ``, who shall be either a qualified 
        doctor of medicine or a qualified doctor of dental 
        surgery or dental medicine''.
                              ----------                              

      12. An Amendment To Be Offered by Representative Keating of 
        Massachusetts or His Designee, Debatable for 10 Minutes

  Add at the end the following new section:

SEC. 11. CONTINUING EDUCATION REQUIREMENT FOR EMPLOYEES OF DEPARTMENT 
                    OF VETERANS AFFAIRS AUTHORIZED TO PRESCRIBE 
                    MEDICATION.

  (a) In General.--Subchapter I of chapter 74 of title 38, 
United States Code, is amended by adding at the end the 
following new section:

``Sec. 7413. Continuing education requirement for employees authorized 
                    to prescribe medication

  ``(a) Requirement.--(1) Except as provided in paragraph (2), 
the Secretary shall require each covered employee of the 
Department to complete not less than one accredited course of 
continuing education on pain management once every two years. 
Such course shall include information on safe prescribing 
practices and disposal of controlled substances, principles of 
pain management, identification of potential substance use 
disorders and addiction treatment.
  ``(2) Paragraph (1) shall not apply to a covered employee if 
the covered employee is licensed or certified by a State 
licensure or specialty board that requires the completion of 
continuing education relative to pain management or substance 
use disorder management.
  ``(b) Definitions.--In this section:
          ``(1) The term `covered employee' means any employee 
        of the Department authorized to prescribe any 
        controlled substance, including an employee hired under 
        section 7405 of this title.
          ``(2) The term `controlled substance' has the meaning 
        given such term in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802).
  ``(c) Applicability.--The requirement under subsection (a) 
shall apply with respect to a covered employee for any 24-month 
period during which the covered employee is employed by the 
Department for at least 180 days.''.
  (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by adding at the end of 
the items relating to subchapter I of such chapter the 
following new item:

``7413. Continuing education requirement for employees authorized to 
          prescribe medication.''.

  (c) Applicability.--Section 7413 of title 38, United States 
Code, as added by subsection (a) shall apply with respect to a 
12-month period that begins on or after the date of the 
enactment of this Act.
                              ----------                              

     13. An Amendment To Be Offered by Representative Lowenthal of 
          California or His Designee, Debatable for 10 Minutes

  Page 54, add after line 2 the following:

SECTION 11. REVIEW OF WHISTLEBLOWER COMPLAINTS.

  (a) In General.--Chapter 7 of title 38, United States Code, 
is amended by inserting after section 711 the following new 
section:

``Sec. 712. Review of whistleblower complaints

  ``(a) In General.--During each calendar quarter, the 
Secretary shall review each covered whistleblower complaint 
that is filed during the previous calendar quarter.
  ``(b) Delegation.--The Secretary may only delegate the 
authority of the Secretary under subsection (a) to review a 
covered whistleblower complaint, without further delegation, 
to--
          ``(1) the Deputy Secretary of Veterans Affairs;
          ``(2) the Under Secretary for Health;
          ``(3) the Under Secretary for Benefits;
          ``(4) the Under Secretary for Memorial Affairs;
          ``(5) an Assistant Secretary of Veterans Affairs;
          ``(6) a Deputy Assistant Secretary of Veterans 
        Affairs; or
          ``(7) a director of the Veterans Integrated Service 
        Network.
  ``(c) Covered Whistleblower Complaint Defined.--In this 
section, the term `covered whistleblower complaint' means any 
complaint filed with the Office of the Special Counsel under 
subchapter II of chapter 12 of title 5 with respect to a 
prohibited personnel practice committed by an officer or 
employee of the Department of Veterans Affairs and described in 
section 2302(b)(8) or 2302(b)(9)(A)(i), (B), (C), or (D) of 
such title.''.
  (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 711 the following new item:

``712. Review of whistleblower complaints.''.
                    ____________________________________________________

14. An Amendment To Be Offered by Representative Lujan of New Mexico or 
                 His Designee, Debatable for 10 Minutes

  Page 54, after line 2, insert the following:

SEC. 11. IDENTIFICATION OF MATTERS RELATING TO PART-TIME EMPLOYMENT OF 
                    MEMBERS OF THE ARMED FORCES WHO ARE PHYSICIANS.

  The Secretary of Veterans Affairs shall identify--
          (1) the number of members of the Armed Forces serving 
        on active duty who are physicians employed at a 
        Department of Veterans Affairs medical facility on a 
        part-time basis;
          (2) the process by which the Department hires such 
        physicians on a part-time basis; and
          (3) the process by which the Department hires 
        civilian physicians on a part-time basis; and
          (4) the steps the Department is taking to recruit 
        members of the Armed Forces serving on active duty who 
        are physicians for employment at Department medical 
        facilities on a part-time basis.
                              ----------                              

15. An Amendment To Be Offered by Representative Maloney of New York or 
                 His Designee, Debatable for 10 Minutes

  Page 54, after line 2, insert the following:

SEC. 11. EXTENSION OF AUTHORITY OF THE SECRETARY OF VETERANS AFFAIRS TO 
                    PROVIDE FOR THE CONDUCT OF MEDICAL DISABILITY 
                    EXAMINATIONS BY CONTRACT PHYSICIANS.

  Section 704(c) of the Veterans Benefits Act of 2003 (Public 
Law 108-183; 38 U.S.C. 5101 note) is amended by striking 
``December 31, 2016'' and inserting ``December 31, 2017''.
                              ----------                              

 16. An Amendment To Be Offered by Representative O'Rourke of Texas or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following new section:

SEC. 11. RECRUITMENT OF PHYSICIANS IN DEPARTMENT OF VETERANS AFFAIRS.

  (a) In General.--Section 7402(b)(1) of title 38, United 
States Code, is amended--
          (1) by inserting ``or to be offered a contingent 
        appointment to such position,'' after ``position,''; 
        and
          (2) by striking subparagraph (B) and inserting the 
        following new subparagraph (B):
          ``(B)(i) have completed a residency program 
        satisfactory to the Secretary; or
          ``(ii) with respect to an offer for a contingent 
        appointment upon the completion of a post-graduate 
        training program, complete such a residency program by 
        not later than two years after the date of such offer; 
        and''.
  (b) Oversight of Graduate Medical Education Programs.--The 
Secretary shall--
          (1) ensure that a recruiter or other similar official 
        of each Veterans Integrated Service Network visits, not 
        less than annually, each allopathic and osteopathic 
        teaching institution with a graduate medical education 
        program within the Network to recruit individuals to be 
        appointed to positions in the Veterans Health 
        Administration; and
          (2) submit to Congress an annual report on the 
        implementation of paragraph (1), including the success 
        of such recruiting efforts.
                              ----------                              

 17. An Amendment To Be Offered by Representative O'Rourke of Texas or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following new section:

SEC. 11. AUTHORITY TO DISCLOSE CERTAIN MEDICAL RECORDS OF VETERANS WHO 
                    RECEIVE NON-DEPARTMENT OF VETERANS AFFAIRS HEALTH 
                    CARE.

  Section 7332(b)(2) of title 38, United States Code, is 
amended by adding at the end the following new subparagraph:
          ``(H) To a non-Department entity (including private 
        entities and other departments or agencies of the 
        Federal Government) that provides hospital care or 
        medical treatment to veterans.''.
                              ----------                              

 18. An Amendment To Be Offered by Representative O'Rourke of Texas or 
                 His Designee, Debatable for 10 Minutes

  Page 54, add after line 2 the following:

SEC. 11. SURVEY OF VETERAN EXPERIENCES WITH DEPARTMENT OF VETERANS 
                    AFFAIRS MEDICAL CARE.

  (a) In General.--The Secretary of Veterans Affairs shall seek 
to enter into a contract with a non-government entity with 
significant experience conducting scientifically verifiable 
surveys and research to conduct an annual survey of a 
statistically significant sample of veterans who reside in the 
geographic area served by each of the medical facilities of the 
Department of Veterans Affairs to determine the nature of the 
experiences of such veterans in obtaining hospital care and 
medical services furnished by the Secretary at each such 
medical facility. Each such survey shall be conducted using 
scientific and verifiable methods. Such contract shall provide 
that the non-government entity shall conduct such annual 
surveys during the five-year period beginning on the date on 
which the Secretary enters into the contract with the non-
government entity.
  (b) Contents.--The contract entered into under subsection (a) 
shall provide that each survey conducted pursuant to the 
contract shall be specific to a medical facility of the 
Department and shall include questions relating to the 
experiences of veterans in requesting and receiving 
appointments for hospital care and medical services furnished 
by the Secretary at that medical facility, including questions 
relating to each of the following:
          (1) The veteran's ability to obtain hospital care and 
        medical services at the facility in a timely manner.
          (2) The period of time between the date on which the 
        veteran requests an appointment at the facility and the 
        date on which the appointment is scheduled.
          (3) The frequency with which scheduled appointments 
        are cancelled by the facility.
          (4) The quality of hospital care or medical services 
        the veteran has received at the facility.
  (c) Consultation.--The contract entered into under subsection 
(a) shall provide that in designing and conducting the surveys 
for each medical facility of the Department pursuant to such 
contract, the non-government entity shall consult with veterans 
service organizations.
  (d) Certification.--The contract entered into under 
subsection (a) shall provide that--
          (1) before conducting a survey pursuant to the 
        contract, the non-government entity shall submit the 
        proposed survey to the Comptroller General who shall 
        assess whether the survey is scientifically valid and 
        whether the proposed sample size of veterans to be 
        surveyed is statistically significant; and
          (2) the non-government entity may not conduct such a 
        survey until the Comptroller General provides such a 
        certification for the survey.
  (e) Submittal of Results and Public Availability of 
Information.--Not later than 30 days after the completion of 
the surveys conducted pursuant to a contract entered into under 
subsection (a) for a year, the Secretary shall make the results 
of the surveys publicly available on the Internet website of 
the Department.
  (f) Paperwork Reduction.--Subchapter I of chapter 35 of title 
44, United States Code shall not apply to this section.
  (g) Deadline for Implementation.--The Secretary shall enter 
into a contract under subsection (a) for each medical facility 
of the Department by not later than 180 days after the date of 
the enactment of this Act.
                              ----------                              

 19. An Amendment To Be Offered by Representative Walz of Minnesota or 
                 His Designee, Debatable for 10 Minutes

  Page 54, add after line 2 the following:

SEC. 11. PROVISION OF STATUS UNDER LAW BY HONORING CERTAIN MEMBERS OF 
                    THE RESERVE COMPONENTS AS VETERANS.

  (a) Veteran Status.--
          (1) In general.--Chapter 1 of title 38, United States 
        Code, is amended by inserting after section 107 the 
        following new section:

``Sec. 107A. Honoring as veterans certain persons who performed service 
                    in the reserve components

  ``Any person who is entitled under chapter 1223 of title 10 
to retired pay for nonregular service or, but for age, would be 
entitled under such chapter to retired pay for nonregular 
service shall be honored as a veteran but shall not be entitled 
to any benefit by reason of this section.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after 
        the item relating to section 107 the following new 
        item:

``107A. Honoring as veterans certain persons who performed service in 
          the reserve components.''.

  (b) Clarification Regarding Benefits.--No person may receive 
any benefit under the laws administered by the Secretary of 
Veterans Affairs solely by reason of section 107A of title 38, 
United States Code, as added by subsection (a).
                              ----------                              

 20. An Amendment To Be Offered by Representative Walz of Minnesota or 
                 His Designee, Debatable for 10 Minutes

  Page 54, add after line 2 the following:

SEC. 11. PROVISION OF REHABILITATIVE EQUIPMENT AND HUMAN-POWERED 
                    VEHICLES TO CERTAIN DISABLED VETERANS.

  (a) In General.--Section 1714(a) of title 38, United States 
Code, is amended--
          (1) by striking ``Any veteran'' and inserting ``(1) 
        Any veteran''; and
          (2) by adding at the end the following new paragraph:
  ``(2)(A) The Secretary may furnish rehabilitative equipment 
to any veteran who is entitled to a prosthetic appliance.
  ``(B) In carrying out subparagraph (A), the Secretary may 
modify non-rehabilitative equipment owned by a veteran only if 
the veteran elects for such modification.
  ``(C) The Secretary shall annually submit to the Committees 
on Veterans' Affairs of the House of Representatives and the 
Senate a report on rehabilitative equipment furnished to 
veterans under subparagraph (A). Each such report shall 
include, with respect to the year covered by the report--
          ``(i) the number of veterans eligible to receive such 
        rehabilitative equipment;
          ``(ii) the number of veterans who received such 
        rehabilitative equipment;
          ``(iii) the number of veterans who elected to receive 
        modified equipment pursuant to subparagraph (B); and
          ``(iv) any recommendations of the Secretary to 
        improve furnishing veterans with rehabilitative 
        equipment.
  ``(D) In this paragraph, the term `rehabilitative equipment' 
means--
          ``(i) rehabilitative equipment, including 
        recreational sports equipment that provide an adaption 
        or accommodation for the veteran, regardless of whether 
        such equipment is intentionally designed to be adaptive 
        equipment; and
          ``(ii) includes hand cycles, recumbent bicycles, 
        medically adapted upright bicycles, and upright 
        bicycles.''.
  (b) No Additional Funds.--No additional funds are authorized 
to be appropriated to carry out the requirements of this 
section and the amendments made by this section. Such 
requirements shall be carried out using amounts otherwise 
authorized.
                              ----------                              

21. An Amendment To Be Offered by Representative Duffy of Wisconsin or 
                 His Designee, Debatable for 10 Minutes

  Page 54, after line 2, insert the following:

SEC. 11. APPOINTMENT OF LICENSED HEARING AID SPECIALISTS IN VETERANS 
                    HEALTH ADMINISTRATION.

  (a) Licensed Hearing Aid Specialists.--
          (1) Appointment.--Section 7401(3) of title 38, United 
        States Code, is amended by inserting ``licensed hearing 
        aid specialists,'' after ``Audiologists,''.
          (2) Qualifications.--Section 7402(b)(14) of such 
        title is amended by inserting ``, hearing aid 
        specialist'' after ``dental technologist''.
  (b) Requirements.--With respect to appointing hearing aid 
specialists under sections 7401 and 7402 of title 38, United 
States Code, as amended by subsection (a), and providing 
services furnished by such specialists, the Secretary shall 
ensure that--
          (1) a hearing aid specialist may only perform hearing 
        services consistent with the hearing aid specialist's 
        State license related to the practice of fitting and 
        dispensing hearing aids without excluding other 
        qualified professionals, including audiologists, from 
        rendering services in overlapping practice areas;
          (2) services provided to veterans by hearing aid 
        specialists shall be provided as part of the non-
        medical treatment plan developed by an audiologist; and
          (3) the medical facilities of the Department of 
        Veterans Affairs provide to veterans access to the full 
        range of professional services provided by an 
        audiologist.
  (c) Consultation.--In determining the qualifications required 
for hearing aid specialists and in carrying out subsection (b), 
the Secretary shall consult with veterans service 
organizations, audiologists, otolaryngologists, hearing aid 
specialists, and other stakeholder and industry groups as the 
Secretary determines appropriate.
  (d) Annual Report.--
          (1) In general.--Not later than one year after the 
        date of the enactment of this Act, and annually 
        thereafter during the five-year period beginning on the 
        date of the enactment of this Act, the Secretary of 
        Veterans Affairs shall submit to Congress a report on 
        the following:
                  (A) Timely access of veterans to hearing 
                health services through the Department of 
                Veterans Affairs.
                  (B) Contracting policies of the Department 
                with respect to providing hearing health 
                services to veterans in facilities that are not 
                facilities of the Department.
          (2) Timely access to services.--Each report shall, 
        with respect to the matter specified in paragraph 
        (1)(A) for the one-year period preceding the submittal 
        of such report, include the following:
                  (A) The staffing levels of audiologists, 
                hearing aid specialists, and health technicians 
                in audiology in the Veterans Health 
                Administration.
                  (B) A description of the metrics used by the 
                Secretary in measuring performance with respect 
                to appointments and care relating to hearing 
                health.
                  (C) The average time that a veteran waits to 
                receive an appointment, beginning on the date 
                on which the veteran makes the request, for the 
                following:
                          (i) A disability rating evaluation 
                        for a hearing-related disability.
                          (ii) A hearing aid evaluation.
                          (iii) Dispensing of hearing aids.
                          (iv) Any follow-up hearing health 
                        appointment.
                  (D) The percentage of veterans whose total 
                wait time for appointments described in 
                subparagraph (C), including an initial and 
                follow-up appointment, if applicable, is more 
                than 30 days.
          (3) Contracting policies.--Each report shall, with 
        respect to the matter specified in paragraph (1)(B) for 
        the one-year period preceding the submittal of such 
        report, include the following:
                  (A) The number of veterans that the Secretary 
                refers to non-Department audiologists for 
                hearing health care appointments.
                  (B) The number of veterans that the Secretary 
                refers to non-Department hearing aid 
                specialists for follow-up appointments for a 
                hearing aid evaluation, the dispensing of 
                hearing aids, or any other purpose relating to 
                hearing health.
                              ----------                              

22. An Amendment To Be Offered by Representative Lance of New Jersey or 
                 His Designee, Debatable for 10 Minutes

  Page 54, after line 2, insert the following:

SEC. 11. ANNUAL REPORT ON PERFORMANCE OF REGIONAL OFFICES OF THE 
                    DEPARTMENT OF VETERANS AFFAIRS.

  Section 7734 of title 38, United States Code, is amended--
          (1) in the first sentence, by inserting before the 
        period the following: ``and on the performance of any 
        regional office that fails to meet its administrative 
        goals'';
          (2) in paragraph (2), by striking ``and'';
          (3) by redesignating paragraph (3) as paragraph (4); 
        and
          (4) by inserting after paragraph (2) the following 
        new paragraph (3):
          ``(3) in the case of any regional office that, for 
        the year covered by the report, did not meet the 
        administrative goal of no claim pending for more than 
        125 days and an accuracy rating of 98 percent--
                  ``(A) a signed statement prepared by the 
                individual serving as director of the regional 
                office as of the date of the submittal of the 
                report containing--
                          ``(i) an explanation for why the 
                        regional office did not meet the goal;
                          ``(ii) a description of the 
                        additional resources needed to enable 
                        the regional office to reach the goal; 
                        and
                          ``(iii) a description of any 
                        additional actions planned for the 
                        subsequent year that are proposed to 
                        enable the regional office to meet the 
                        goal; and
                  ``(B) a statement prepared by the Under 
                Secretary for Benefits explaining how the 
                failure of the regional office to meet the goal 
                affected the performance evaluation of the 
                director of the regional office; and''.

                                  [all]
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