59–008 

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. 


emcdonald on DSK9F6TC42PROD with HEARING
2 

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 


emcdonald on DSK9F6TC42PROD with HEARING
3 

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) 


emcdonald on DSK9F6TC42PROD with HEARING
4 

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 


emcdonald on DSK9F6TC42PROD with HEARING
5 

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: 

‘‘§ 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 reVerDate Sep 11 2014 04:30 Sep 13, 2016 Jkt 059006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR742.XXX HR742

emcdonald on DSK9F6TC42PROD with HEARING
6 

moval 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 


emcdonald on DSK9F6TC42PROD with HEARING
7 

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: 

‘‘§ 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; 


emcdonald on DSK9F6TC42PROD with HEARING
8 

‘‘(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 


emcdonald on DSK9F6TC42PROD with HEARING
9 

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 KIRK- PATRICK OF ARIZONA OR HER DESIGNEE, DEBATABLE FOR 10 MIN- UTES

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: 

‘‘§ 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 DeVerDate Sep 11 2014 04:30 Sep 13, 2016 Jkt 059006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\HR742.XXX HR742

emcdonald on DSK9F6TC42PROD with HEARING
10 

partment, 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, policymaking, 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. 


emcdonald on DSK9F6TC42PROD with HEARING
11 

‘‘(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.’’. 


emcdonald on DSK9F6TC42PROD with HEARING
12 

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: 

‘‘§ 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. 

‘‘§ 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. 


emcdonald on DSK9F6TC42PROD with HEARING
13 

‘‘(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: 

‘‘§ 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: 


emcdonald on DSK9F6TC42PROD with HEARING
14 

(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: 

‘‘§ 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 


emcdonald on DSK9F6TC42PROD with HEARING
15 

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 (deVerDate Sep 11 2014 04:30 Sep 13, 2016 Jkt 059006 PO 00000 Frm 00015 Fmt 6659 Sfmt 6602 E:\HR\OC\HR742.XXX HR742

emcdonald on DSK9F6TC42PROD with HEARING
16 

scribed 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 


emcdonald on DSK9F6TC42PROD with HEARING
17 

‘‘(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 


emcdonald on DSK9F6TC42PROD with HEARING
18 

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: 

‘‘§ 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.’’. 


emcdonald on DSK9F6TC42PROD with HEARING
19 

(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: 


emcdonald on DSK9F6TC42PROD with HEARING
20 

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: 

‘‘§ 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: 

‘‘§ 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. 


emcdonald on DSK9F6TC42PROD with HEARING
21 

‘‘(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 LUJA ́ N 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’’. 


emcdonald on DSK9F6TC42PROD with HEARING
22 

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 deterVerDate Sep 11 2014 04:30 Sep 13, 2016 Jkt 059006 PO 00000 Frm 00022 Fmt 6659 Sfmt 6602 E:\HR\OC\HR742.XXX HR742

emcdonald on DSK9F6TC42PROD with HEARING
23 

mine 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: 


emcdonald on DSK9F6TC42PROD with HEARING
24 

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: 

‘‘§ 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 HUMANPOWERED 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— 


emcdonald on DSK9F6TC42PROD with HEARING
25 

‘‘(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. 


emcdonald on DSK9F6TC42PROD with HEARING
26 

(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 oneyear 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 


emcdonald on DSK9F6TC42PROD with HEARING
27 

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’’. 

Æ 


emcdonald on DSK9F6TC42PROD with HEARING