II 

115TH CONGRESS 

1ST SESSION S. 1098 

To amend title 38, United States Code, to prohibit the Secretary of Veterans 

Affairs from employing individuals who has been convicted of a felony 

and medical personnel who have had their medical licenses or credentials 

revoked or suspended, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 11, 2017 

Mr. FLAKE introduced the following bill; which was read twice and referred 

to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to prohibit the Secretary of Veterans Affairs from employing individuals 

who has been convicted of a felony and medical personnel 

who have had their medical licenses or credentials revoked or suspended, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clean Up the Depart5 ment of Veterans Affairs Act of 2017’’. 


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1 SEC. 2. PROHIBITION ON EMPLOYMENT BY SECRETARY OF 

2 VETERANS AFFAIRS OF INDIVIDUALS CON3 VICTED OF CERTAIN FELONIES AND MED4 ICAL PERSONNEL WHO HAVE HAD THEIR 

5 MEDICAL LICENSES OR CREDENTIALS RE6 VOKED OR SUSPENDED. 

7 (a) INDIVIDUALS CONVICTED OF FELONIES.—Sec8 tion 709 of title 38, United States Code, is amended by 

9 adding at the end the following new subsections: 

10 ‘‘(d)(1) Except as provided in paragraph (2), the Sec11 retary may not— 

12 ‘‘(A) hire in or transfer to any position at the 

13 Department any person who has been convicted of a 

14 State or Federal criminal offense— 

15 ‘‘(i) for which the minimum term of im16 prisonment is more than one year; and 

17 ‘‘(ii) that substantially relates to the posi18 tion; or 

19 ‘‘(B) employ in any position at the Department 

20 any person who, after the date of the enactment of 

21 the Clean Up the Department of Veterans Affairs 

22 Act of 2017, is convicted of a criminal offense de23 scribed in subparagraph (A). 

24 ‘‘(2)(A) Paragraph (1) shall not apply with respect 

25 to a conviction of a State or Federal criminal offense if— 


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1 ‘‘(i) the records of such conviction have been ex2 punged pursuant to an order by a court of com3 petent jurisdiction; or 

4 ‘‘(ii) during the 10-year period beginning on the 

5 date of such conviction, the person who was con6 victed of such criminal offense has not been con7 victed of any other State or Federal criminal offense 

8 for which the minimum term of imprisonment is 

9 more than one year. 

10 ‘‘(B) Paragraph (1) shall not apply in a case in which 

11 the person being hired or transferred is being hired or 

12 transferred as part of a program intended specifically to 

13 help veterans who have been convicted of a State or Fed14 eral criminal offense for which the minimum term of im15 prisonment is more than one year. 

16 ‘‘(3) The Director of the Office of Personnel Manage17 ment shall, for purposes of paragraph (1), issue guidance 

18 on which criminal offenses substantially relate to which 

19 positions at the Department. 

20 ‘‘(4) Before hiring any individual for a position at 

21 the Department, the Secretary shall conduct a background 

22 check to determine whether the individual has been con23 victed of any offenses described in paragraph (1).’’. 


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1 (b) PROHIBITION ON EMPLOYMENT OF INDIVIDUALS

2 WHO HAVE HAD MEDICAL LICENSES OR CREDENTIALS

3 REVOKED OR SUSPENDED.— 

4 (1) IN GENERAL.—Section 7402 of such title is 

5 amended by adding at the end the following new 

6 subsection: 

7 ‘‘(h)(1) The Secretary may not employ, transfer, or 

8 hire any individual in a position listed in section 7401(1) 

9 of this title who has had a license or credential relating 

10 to such position revoked or suspended by a lawful licensing 

11 authority pursuant to a finding by the lawful licensing au12 thority that the individual is dyscompetent, the individual 

13 is incompetent, or the services provided by the individual 

14 do not meet the standards prescribed by the lawful licens15 ing authority for such services. 

16 ‘‘(2) Before transferring or hiring any individual in 

17 a position listed in section 7401(1) of this title, the Sec18 retary shall conduct a background check, including by 

19 searching the State medical licensing board of each State 

20 in which the employee is licensed or practices and the Na21 tional Practitioner Databank or any successor databank, 

22 to determine whether the individual has had a license or 

23 credential relating to such position revoked or suspended 

24 in any State.’’. 


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1 (2) TERMINATION OF CURRENT EMPLOYEES.— 

2 As soon as practicable after the date of the enact3 ment of this Act, the Secretary of Veterans Affairs 

4 shall begin the process of terminating the employ5 ment of each individual employed by the Secretary 

6 in violation of section 7402(h) of title 38, United 

7 States Code, as added by paragraph (1). 

8 (c) RELATION TO OTHER PROVISIONS OF LAW.— 

9 (1) IN GENERAL.—Any provision of title 5, 

10 United States Code, or subchapter V of chapter 74 

11 of title 38, United States Code, otherwise applicable 

12 to the termination of an employee under subsection 

13 (b)(2) of this section, section 709(d) of title 38, 

14 United States Code, as added by subsection (a), or 

15 section 7402(h) of such title, as added by subsection 

16 (b)(1), shall apply to the termination, except to the 

17 extent such provision of title 5, United States Code, 

18 or subchapter V of chapter 74 of title 38, United 

19 States Code, conflicts with, and is superseded by, 

20 subsection (b)(2) of this section, section 709(d) of 

21 such title, or section 7402(h) of such title. 

22 (2) MERIT SYSTEM PRINCIPLES.—The Sec23 retary shall carry out any termination described in 

24 paragraph (1) in a manner consistent with the merit 


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1 system principles set forth in section 2301(b) of title 

2 5, United States Code. 

3 (3) LIMITATION ON PERIOD OF REVIEW OF AP4 PEALS.—In any case in which an appeal of a termi5 nation described in paragraph (1) of an employee is 

6 submitted to the Merit Systems Protection Board 

7 for review, the Merit Systems Protection Board shall 

8 take such actions as may be necessary to ensure 

9 that, notwithstanding any other provision of law, the 

10 Board issues a decision on such appeal not later 

11 than 30 days after the date on which the employee 

12 receives notification from the Secretary of such ter13 mination. 

14 (4) RULE OF CONSTRUCTION.—Subsection 

15 (b)(2), section 709(d) of title 38, United States 

16 Code, as added by subsection (a), and section 

17 7402(h) of such title, as added by subsection (b)(1), 

18 shall not be construed to deprive or waive for any 

19 individual any employment protection or due process 

20 requirement in effect on the day before the date of 

21 the enactment of this Act, except as provided in 

22 paragraph (1) of this subsection. 


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1 SEC. 3. DISCLOSURE OF DISCIPLINARY ACTION WITH RE2 SPECT TO HEALTH CARE PROVIDERS UNDER 

3 THE LAWS ADMINISTERED BY THE SEC4 RETARY OF VETERANS AFFAIRS. 

5 (a) DISCLOSURE OF DISCIPLINARY ACTION WITH

6 RESPECT TO HEALTH CARE EMPLOYEES.—Notwith7 standing section 552a of title 5, United States Code, the 

8 Secretary of Veterans Affairs shall, with respect to each 

9 individual appointed under section 7401 of title 38, United 

10 States Code, for which disciplinary action has been taken 

11 by the Secretary, provide to the State medical licensing 

12 board of each State in which the individual is licensed or 

13 practices, and to the National Practitioner Databank or 

14 any successor databank, information regarding such dis15 ciplinary action. 

16 (b) DISCLOSURE OF DISCIPLINARY ACTION WITH

17 RESPECT TO NON-DEPARTMENT PROVIDERS.— 

18 (1) IN GENERAL.—Notwithstanding section 

19 552a of title 5, United States Code, the Secretary of 

20 Veterans Affairs shall, with respect to each non-De21 partment health care provider for which disciplinary 

22 action has been taken by the Secretary, provide to 

23 the State medical licensing board of each State in 

24 which the provider is licensed or practices, and to 

25 the National Practitioner Databank or any successor 


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1 databank, information regarding such disciplinary 

2 action. 

3 (2) REPORT TO CONGRESS.—Not later than one 

4 year after the date of the enactment of this Act, and 

5 not less frequently than annually thereafter, the Sec6 retary of Veterans Affairs shall submit to the Com7 mittee on Veterans’ Affairs of the Senate and the 

8 Committee on Veterans’ Affairs of the House of 

9 Representatives a report on all non-Department 

10 health care providers with respect to which discipli11 nary action was taken by the Secretary during the 

12 year preceding the submittal of the report. 

13 (3) NON-DEPARTMENT HEALTH CARE PRO14 VIDER DEFINED.—In this subsection, the term ‘‘non15 Department health care provider’’ means a health 

16 care provider that is not a health care provider of 

17 the Department of Veterans Affairs. 

Æ 


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