I 

115TH CONGRESS 

1ST SESSION H. R. 1771 

To improve the organization of the Department of Veterans Affairs, to ensure 

the accuracy of health care data used by the Department, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2017 

Mr. BILIRAKIS (for himself, Mrs. MCMORRIS RODGERS, Mr. JONES, Mr. DUNCAN of Tennessee, and Mr. GAETZ) introduced the following bill; which 

was referred to the Committee on Veterans’ Affairs, and in addition to 

the Committee on Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To improve the organization of the Department of Veterans 

Affairs, to ensure the accuracy of health care data used 

by 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘VA Guidance for Orga5 nizational Reform and Data Integrity for Accountability 

6 Needs Key for Necessary and Optimal Transformation 

7 Act’’ or the ‘‘VA GORDIAN KNOT Act’’. 


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1 SEC. 2. ORGANIZATION OF DEPARTMENT OF VETERANS AF2 FAIRS. 

3 (a) INDEPENDENT ASSESSMENT.— 

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

5 Affairs shall seek to enter into an agreement with an 

6 independent entity to conduct an assessment of the 

7 organization of the Department of Veterans Affairs. 

8 (2) ELEMENTS.—The assessment under para9 graph (1) shall include the following: 

10 (A) Whether the current organization of 

11 the Department is conducive to meeting the 

12 performance goals of the Department. 

13 (B) An identification of the mission state14 ment and function of each element of the De15 partment, including whether any such elements 

16 have duplicative functions. 

17 (C) Identification of the strengths and 

18 weaknesses of the current organization. 

19 (D) How many full-time equivalent posi20 tions, including with respect to senior execu21 tives, are in each of the Veterans Benefits Ad22 ministration, the National Cemetery Adminis23 tration, and the Central Office. 

24 (E) A description of the hierarchy in each 

25 element of the Department. 


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1 (F) An evaluation of the cost to the De2 partment of providing hospital care and medical 

3 services to veterans at medical facilities of the 

4 Department as compared to the cost of paying 

5 for such care and services furnished by a non6 Department provider pursuant to the Veterans 

7 Choice Program established by section 101 of 

8 the Veterans Access, Choice, and Accountability 

9 Act of 2014 (38 U.S.C. 1701 note) or other 

10 provision of law authorizing non-Department 

11 hospital care or medical services. 

12 (G) To assist in developing a long-term 

13 sustainable capital asset planning process, iden14 tification of underused facilities of the Depart15 ment that, if closed or disposed of, would not 

16 negatively affect the health care or benefits pro17 vided to veterans. 

18 (H) With respect to the facilities described 

19 in subparagraph (E), a plan to engage veteran 

20 populations, veteran service organizations, and 

21 other organizations and stakeholders that work 

22 with veterans to identify such facilities and de23 termine whether veterans have the ability to 

24 seek services by non-Department providers 

25 under the laws administered by the Secretary. 


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1 (3) SUBMISSION.—Not later than one year after 

2 the date of the enactment of this Act, the Secretary 

3 shall submit to the Committees on Veterans’ Affairs 

4 of the House of Representatives and the Senate the 

5 assessment under paragraph (1). 

6 (b) STATUS OF ORGANIZATION.—Not later than Oc7 tober 1 of 2020, and annually thereafter, the Secretary 

8 shall— 

9 (1) either— 

10 (A) update the organizational structure of 

11 the Office of the Secretary, the Veterans Health 

12 Administration, the Veterans Benefits Adminis13 tration, and the National Cemetery Administra14 tion to ensure that such structure is best able 

15 to provide benefits to veterans; or 

16 (B) certify to the Committees on Veterans’ 

17 Affairs of the House of Representatives and the 

18 Senate that such structure does not require 

19 such updates; and 

20 (2) make publically available such update or 

21 certification, as the case may be, including clear or22 ganizational charts of the Office of the Secretary, 

23 the Veterans Health Administration, the Veterans 

24 Benefits Administration, and the National Cemetery 

25 Administration. 


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1 SEC. 3. IMPROVEMENTS TO HIRING AND RETAINING EM2 PLOYEES. 

3 (a) IMPROVEMENTS TO HIRING.— 

4 (1) HIRING PLAN.—The Secretary of Veterans 

5 Affairs shall ensure that each medical facility of the 

6 Department of Veterans Affairs, including commu7 nity based outpatient clinics, has a hiring plan to 

8 address the health care needs of the facility. 

9 (2) SHARING OF INFORMATION.—The Secretary 

10 shall establish a system that lists each vacant posi11 tion in a medical facility of the Department that is 

12 covered under the hiring plan under paragraph (1). 

13 If the Secretary determines that an applicant for 

14 such a vacant position is qualified for the position 

15 but is not selected for the position, the Secretary 

16 may consider the applicant for other similar posi17 tions listed in the system. 

18 (3) DATA.—The Secretary shall keep records 

19 on— 

20 (A) the amount of time a vacant position 

21 described in paragraph (2) remains unfilled; 

22 (B) positions that have been vacant for a 

23 prolonged period and such vacancy— 

24 (i) is related to a whistleblower case; 

25 and 


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1 (ii) has affected the ability of the De2 partment to provide quality and timely 

3 health care of veterans; and 

4 (C) whether an employee of the Depart5 ment who transfers from one medical facility of 

6 the Department to another such facility was 

7 reprimanded, placed on administrative leave, or 

8 appealed an allegation at the previous position 

9 of the employee within the Department. 

10 (4) SUBMISSION.—Upon the request of either 

11 the Committee on Veterans’ Affairs of the House of 

12 Representatives or the Committee on Veterans’ Af13 fairs of the Senate, the Secretary shall submit to the 

14 committee the records specified in paragraph (3). 

15 (b) EXIT INTERVIEWS.—The Secretary shall ensure 

16 that each employee of the Department who voluntarily 

17 separates from the Department is afforded the oppor18 tunity to complete an interview in order for the Secretary 

19 to ascertain— 

20 (1) the reason the employee is separating; 

21 (2) the opinion of the employee with respect to 

22 being employed at the Department; and 

23 (3) ways in which the Secretary can better im24 prove the retention of employees of the Department. 


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1 SEC. 4. INTEGRITY OF HEALTH CARE DATA. 

2 (a) CERTAIN DEFINITIONS.—Section 7311 of title 

3 38, United States Code, is amended by inserting at the 

4 end the following new subsection: 

5 ‘‘(f) For purposes of determining the validity of 

6 health care data collected pursuant to this section or any 

7 other provision of law regarding the employees of the Vet8 erans Health Administration, the Secretary shall develop 

9 standard definitions for— 

10 ‘‘(1) the actions that constitute the manipula11 tion of data regarding scheduling appointments for 

12 health care; and 

13 ‘‘(2) the ways in which such employees are held 

14 accountable for such manipulation.’’. 

15 (b) VERIFICATION OF DATA.— 

16 (1) DESIGNATION.—The Secretary of Veterans 

17 Affairs shall ensure that a single position in each of18 fice described in paragraph (2) is designated as 

19 being responsible for verifying the accuracy of the 

20 data reported from such office to a superior office. 

21 (2) OFFICE DESCRIBED.—An office described in 

22 this paragraph is each of the following: 

23 (A) A medical facility of the Department 

24 of Veterans Affairs. 

25 (B) A Veterans Integrated Service Net26 work. 


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1 (C) A regional office of the Veterans Bene2 fits Administration. 

3 (D) The central office of the Veterans 

4 Benefits Administration. 

5 (c) ASSESSMENT.— 

6 (1) IN GENERAL.—The Secretary shall seek to 

7 enter into an agreement with an independent, non8 governmental entity to assess whether this section, 

9 and the amendment made by this section, improves 

10 the accuracy of data of the Department of Veterans 

11 Affairs. 

12 (2) SUBMISSION.—Not later than one year after 

13 the date of the enactment of this Act, the Secretary 

14 shall submit to the Committees on Veterans’ Affairs 

15 of the House of Representatives and the Senate the 

16 assessment conducted under paragraph (1). 

17 (d) REPORT.—Not later than one year after the date 

18 of the enactment of this Act, the Secretary shall submit 

19 to the Committees on Veterans’ Affairs of the House of 

20 Representatives and the Senate a report containing— 

21 (1) a study on— 

22 (A) the data collected or used by the Vet23 erans Health Administration and the Veterans 

24 Benefits Administration, including data that 

25 the Secretary, as of the date of the study, alVerDate Sep 11 2014 03:59 Mar 31, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1771.IH H1771

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1 lows to be self-reported by the appropriate of2 fice; and 

3 (B) what metrics the Secretary should be 

4 using to track such data; 

5 (2) an implementation plan to correct any 

6 vulnerabilities regarding the accuracy of such data; 

7 (3) a description of the Department-wide mini8 mal standards and guidelines to reprimand employ9 ees of the Department who knowingly provide false 

10 information to Federal investigators or who know11 ingly provide inaccurate information when testifying 

12 before a committee of Congress; and 

13 (4) an identification of the recommendations re14 garding data integrity, information technology, orga15 nizational reforms, management improvements, or 

16 hiring and retaining employees reported by or made 

17 by the independent assessment under section 201 of 

18 the Veterans Access, Choice, and Accountability Act 

19 of 2014 (Public Law 113–146; 128 Stat. 1769), the 

20 Commission on Care, the Comptroller General of the 

21 United States, and the Inspector General of the De22 partment of Veterans Affairs that, as of the date of 

23 the report, have not been implemented, and a plan 

24 to implement such recommendations and track the 

25 progress of such implementation. 


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1 (e) STUDY OF COSTS.— 

2 (1) IN GENERAL.—The Secretary shall conduct 

3 a study to determine the costs to the United States 

4 relating to officials and employees of the Depart5 ment of Veterans Affairs manipulating health care 

6 data, providing negligent management, and retali7 ating against whistleblowers, during the five-year pe8 riod preceding such study. 

9 (2) ELEMENTS.—The study under paragraph 

10 (1) shall include the following: 

11 (A) The amount of money that the Federal 

12 Government has spent, by fiscal year, on settle13 ments (including confidential settlements) with 

14 whistleblowers of the Department. 

15 (B) The number of hours that employees 

16 of the Federal Government have spent to de17 fend the Department in administrative or judi18 cial proceedings with respect to employees of 

19 the Department accused of manipulating health 

20 care data, providing negligent management, or 

21 retaliating against whistleblowers. 

22 (C) Obstacles preventing the Secretary 

23 from demoting, removing, or terminating an 

24 employee of the Department based on perform25 ance or misconduct. 


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1 (3) SUBMISSION.—Not later than one year after 

2 the date of the enactment of this Act, the Secretary 

3 shall submit to the Committees on Veterans’ Affairs 

4 of the House of Representatives and the Senate a 

5 report containing the study under paragraph (1). 

6 SEC. 5. PUBLICATION OF WAIT TIMES. 

7 (a) PUBLICATION OF WAIT TIMES.—The Secretary 

8 of Veterans Affairs shall make publically available on the 

9 Internet website of the Department of Veterans Affairs 

10 the current wait times for a veteran enrolled in the health 

11 care system established under section 1705(a) of title 38, 

12 United States Code, to receive an appointment for health 

13 care at a medical facility of the Department of Veterans 

14 Affairs. Such wait time shall be categorized by primary 

15 care, specialty care, and mental health services and in16 clude an explanation on the metrics used to determine 

17 such wait times. 

18 (b) TRANSPARENCY.—The Secretary of Veterans Af19 fairs shall seek to enter into an agreement with the Comp20 troller General of the United States or an independent en21 tity to conduct an assessment of the accuracy of the wait 

22 times published under subsection (a). The Secretary shall 

23 publish information regarding such assessment on the 

24 Internet website described in subsection (a). 


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1 (c) WAIT TIME DEFINED.—In this section, the term 

2 ‘‘wait time’’ means, with respect to a veteran receiving an 

3 appointment at a medical facility of the Department of 

4 Veterans Affairs, the period beginning on the date on 

5 which the veteran first requests such appointment and 

6 ending on the date on which such appointment occurs. 

7 SEC. 6. TRANSFER AUTHORITY. 

8 (a) IN GENERAL.—Chapter 1 of title 38, United 

9 States Code, is amended by inserting after section 117 the 

10 following new section: 

11 ‘‘§ 117A. Transfer authority 

12 ‘‘(a) IN GENERAL.—In addition to any other provi13 sion of law authorizing the transfer of amounts by the Sec14 retary of Veterans Affairs, in any fiscal year in which 

15 there is a shortfall, the Secretary may transfer covered 

16 amounts to accounts of the Department for purposes of 

17 mitigating or removing such shortfall. 

18 ‘‘(b) NOTIFICATION.—In any fiscal year in which 

19 there is a shortfall and the Secretary does not make a 

20 transfer under subsection (a), the Secretary shall submit 

21 to the Committees on Veterans’ Affairs of the House of 

22 Representatives and the Senate justifications for not mak23 ing such transfer. 

24 ‘‘(c) DEFINITIONS.—In this section: 


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1 ‘‘(1) The term ‘covered amounts’ means 

2 amounts made available to the Secretary for awards 

3 or bonuses under chapter 45 or 53 of title 5, United 

4 States Code, or any other awards or bonuses author5 ized under such title or this title. 

6 ‘‘(2) The term ‘shortfall’ means the event, as 

7 determined by the Secretary, that the funds made 

8 available to the Secretary for a fiscal year are not 

9 sufficient to provide the benefits under the laws ad10 ministered by the Secretary or otherwise carry out 

11 the responsibilities of the Department during any 

12 period of such fiscal year.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of such chapter is amended by inserting 

15 after the item relating to section 117 the following new 

16 item: 

‘‘117A. Transfer authority.’’. 

Æ 


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