II 

115TH CONGRESS 

1ST SESSION S. 1477 

To prohibit the use of official time for labor organizing activities by employees 

of the Department of Veterans Affairs unless all veterans seeking hospital 

care or medical services from the Department are able to schedule 

their appointments within the wait-time goals of the Veterans Health 

Administration, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 29, 2017 

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

to the Committee on Veterans’ Affairs 

A BILL 

To prohibit the use of official time for labor organizing 

activities by employees of the Department of Veterans 

Affairs unless all veterans seeking hospital care or medical services from the Department are able to schedule 

their appointments within the wait-time goals of the Veterans Health Administration, 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 ‘‘Serve Veterans First 

5 Act of 2017’’. 


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•S 1477 IS

1 SEC. 2. TEMPORARY PROHIBITION ON USE OF OFFICIAL 

2 TIME BY EMPLOYEES OF DEPARTMENT OF 

3 VETERANS AFFAIRS FOR LABOR ORGANIZING 

4 ACTIVITIES. 

5 (a) TEMPORARY PROHIBITION.—Notwithstanding 

6 section 7131 of title 5, United States Code, no employee 

7 of the Department of Veterans Affairs may use official 

8 time for any purpose relating to a labor organization— 

9 (1) before any determination has been made 

10 under subsection (b); or 

11 (2) if the most recent determination made 

12 under subsection (b) was that a veteran attempted 

13 to schedule an appointment for the receipt of hos14 pital care or a medical service under chapter 17 of 

15 title 38, United States Code, but was unable to 

16 schedule the appointment within the wait-time goals 

17 of the Veterans Health Administration for the fur18 nishing of such care or service. 

19 (b) DETERMINATIONS.— 

20 (1) ANNUAL DETERMINATIONS.—At the end of 

21 each calendar year, the Inspector General of the De22 partment shall determine whether any veteran at23 tempted, during such year, to schedule an appoint24 ment for the receipt of hospital care or a medical 

25 service under chapter 17 of title 38, United States 

26 Code, but was unable to schedule the appointment 


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•S 1477 IS

1 within the wait-time goals of the Veterans Health 

2 Administration for the furnishing of such care or 

3 service. 

4 (2) INVESTIGATIONS AND SUBSEQUENT DETER5 MINATIONS.—The Inspector General of the Depart6 ment— 

7 (A) shall investigate each report the In8 spector General receives of the case of an at9 tempt by a veteran to schedule an appointment 

10 for the receipt of hospital care or a medical 

11 service under chapter 17 of title 38, United 

12 States Code, in which the veteran was unable to 

13 schedule the appointment within the wait-time 

14 goals of the Veterans Health Administration for 

15 the furnishing of such care or service; and 

16 (B) may, pursuant to an investigation car17 ried out under subparagraph (A), determine 

18 that a veteran attempted to schedule an ap19 pointment for the receipt of hospital care or a 

20 medical service under chapter 17 of title 38, 

21 United States Code, but was unable to schedule 

22 the appointment within the wait-time goals of 

23 the Veterans Health Administration for the fur24 nishing of such care or service. 

25 (c) DEFINITIONS.—In this section: 


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•S 1477 IS

1 (1) OFFICIAL TIME.—The term ‘‘official time’’ 

2 means any period of time— 

3 (A) which may be granted to an employee 

4 under chapter 71 of title 5, United States Code, 

5 including a collective bargaining agreement en6 tered into under such chapter, or chapter 74 of 

7 title 38, United States Code, to perform rep8 resentational or consultative functions; and 

9 (B) during which the employee would oth10 erwise be in a duty status. 

11 (2) WAIT-TIME GOALS OF THE VETERANS

12 HEALTH ADMINISTRATION.—The term ‘‘wait-time 

13 goals of the Veterans Health Administration’’ means 

14 not more than 30 days from the date on which a 

15 veteran requests an appointment for hospital care or 

16 medical services from the Department of Veterans 

17 Affairs. 

Æ 


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