II 

115TH CONGRESS 

1ST SESSION S. 1163 

To require the Secretary of Veterans Affairs to ensure compliance of medical 

facilities of the Department of Veterans Affairs with requirements relating to the scheduling of appointments, to require appointment by the 

President and confirmation by the Senate of certain health care officials 

of the Department, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 17, 2017 

Mr. CORNYN (for himself, Mr. NELSON, Mr. HATCH, Mr. CRUZ, and Mr. COTTON) introduced the following bill; which was read twice and referred to 

the Committee on Veterans’ Affairs 

A BILL 

To require the Secretary of Veterans Affairs to ensure compliance of medical facilities of the Department of Veterans Affairs with requirements relating to the scheduling of appointments, to require appointment by the 

President and confirmation by the Senate of certain 

health care officials of the Department, and for other 

purposes. 

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

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Veterans’ Health Care 

3 Integrity Act of 2017’’. 

4 SEC. 2. COMPLIANCE OF MEDICAL FACILITIES WITH RE5 QUIREMENTS RELATING TO SCHEDULING OF 

6 APPOINTMENTS FOR HOSPITAL CARE AND 

7 MEDICAL SERVICES. 

8 (a) ANNUAL CERTIFICATION.— 

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

10 Affairs shall ensure that the director of each medical 

11 facility of the Department of Veterans Affairs annu12 ally certifies to the Secretary that— 

13 (A) the medical facility is in full compli14 ance with all regulations and other provisions of 

15 law relating to scheduling appointments for vet16 erans to receive hospital care or medical serv17 ices, including Veterans Health Administration 

18 Directive 1230 or any successor directive; and 

19 (B) any official data on wait times for ap20 pointments to receive hospital care or medical 

21 services submitted by the director to the Sec22 retary during the year preceding the submittal 

23 of the certification is true and accurate to the 

24 best of the director’s knowledge. 

25 (2) PROHIBITION ON WAIVER.—The Secretary 

26 may not waive any regulation or other provision of 

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1 law described in paragraph (1) for a medical facility 

2 of the Department if such regulation or other provi3 sion of law otherwise applies to the medical facility. 

4 (b) EXPLANATION OF NONCOMPLIANCE.—If a direc5 tor of a medical facility of the Department does not make 

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

7 director shall submit to the Secretary a report con8 taining— 

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

10 to make such certification; and 

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

12 taking to ensure full compliance with the regulations 

13 and other provisions of law described in such sub14 section. 

15 (c) PROHIBITION ON BONUSES BASED ON NON16 COMPLIANCE.— 

17 (1) IN GENERAL.—If a director of a medical fa18 cility of the Department does not make a certifi19 cation under subsection (a)(1) for any year, no cov20 ered official described in paragraph (2) may receive 

21 an award or bonus under chapter 45 or 53 of title 

22 5, United States Code, or any other award or bonus 

23 authorized under such title or title 38, United States 

24 Code, during the year following the year in which 

25 the certification was not made. 

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1 (2) COVERED OFFICIAL DESCRIBED.—A cov2 ered official described in this paragraph is each offi3 cial who serves in the following positions at a med4 ical facility of the Department during a year, or por5 tion thereof, for which the director does not make a 

6 certification under subsection (a)(1): 

7 (A) The director. 

8 (B) The chief of staff. 

9 (C) The associate director. 

10 (D) The associate director for patient care. 

11 (E) The deputy chief of staff. 

12 (d) ANNUAL REPORT.—Not less frequently than an13 nually, the Secretary shall submit to the Committee on 

14 Veterans’ Affairs of the Senate and the Committee on Vet15 erans’ Affairs of the House of Representatives a report 

16 containing, with respect to the year covered by the re17 port— 

18 (1) a list of each medical facility of the Depart19 ment for which a certification was made under sub20 section (a)(1); and 

21 (2) a list of each medical facility of the Depart22 ment for which such a certification was not made, 

23 including a copy of each report submitted to the 

24 Secretary under subsection (b). 

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1 SEC. 3. UNIFORM APPLICATION OF DIRECTIVES AND POLI2 CIES OF DEPARTMENT OF VETERANS AF3 FAIRS. 

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

5 shall apply the directives and policies of the Department 

6 of Veterans Affairs to each office or facility of the Depart7 ment in a uniform manner. 

8 (b) NOTIFICATION.—If the Secretary does not uni9 formly apply the directives and policies of the Department 

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

11 directive or policy with respect to an office, facility, or ele12 ment of the Department, the Secretary shall notify the 

13 Committee on Veterans’ Affairs of the Senate and the 

14 Committee on Veterans’ Affairs of the House of Rep15 resentatives of such nonuniform application, including an 

16 explanation for the nonuniform application. 

17 SEC. 4. REQUIREMENT FOR APPOINTMENT AND CONFIRMA18 TION OF CERTAIN OFFICIALS OF DEPART19 MENT OF VETERANS AFFAIRS. 

20 (a) PRINCIPAL DEPUTY UNDER SECRETARY FOR

21 HEALTH.—Subsection (c) of section 7306 of title 38, 

22 United States Code, is amended to read as follows: 

23 ‘‘(c)(1) Except as provided in paragraph (2), appoint24 ments under subsection (a) shall be made by the Sec25 retary. 

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1 ‘‘(2) Appointments under subsection (a)(1) shall be 

2 made by the President, by and with the advice and consent 

3 of the Senate. 

4 ‘‘(3) In the case of appointments under paragraphs 

5 (1), (2), (3), (4), and (8) of subsection (a), such appoint6 ments shall be made upon the recommendation of the 

7 Under Secretary for Health.’’. 

8 (b) OTHER DEPUTY UNDER SECRETARY POSI9 TIONS.— 

10 (1) IN GENERAL.—Notwithstanding any other 

11 provision of law, the Deputy Under Secretary for 

12 Health for Operations and Management of the De13 partment of Veterans Affairs, the Deputy Under 

14 Secretary for Health for Policy and Services of the 

15 Department, the Principal Deputy Under Secretary 

16 for Benefits of the Department, the Deputy Under 

17 Secretary for Disability Assistance of the Depart18 ment, and the Deputy Under Secretary for Field 

19 Operations of the Department shall be appointed by 

20 the President, by and with the advice and consent 

21 of the Senate. 

22 (2) RULE OF CONSTRUCTION.—Nothing in this 

23 subsection shall be construed to authorize the estab24 lishment of any new position within the Department 

25 of Veterans Affairs. 

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1 (c) APPLICATION.—Subsection (b) and the amend2 ment made by subsection (a) shall apply to appointments 

3 made on and after the date of the enactment of this Act. 

Æ 

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