I 

113TH CONGRESS 

2D SESSION H. R. 4861 

To establish the Commission on Access to Care to undertake a comprehensive 

evaluation and assessment of access to health care at the Department 

of Veterans Affairs. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 12, 2014 

Mr. HECK of Washington (for himself, Ms. DELBENE, and Mr. KILMER) introduced the following bill; which was referred to the Committee on Veterans’ Affairs 

A BILL 

To establish the Commission on Access to Care to undertake 

a comprehensive evaluation and assessment of access to 

health care at the Department of Veterans Affairs. 

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 ‘‘Commission for Our 

5 Veterans’ Care Act’’. 

6 SEC. 2. COMMISSION ON ACCESS TO CARE. 

7 (a) ESTABLISHMENT OF COMMISSION.— 


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1 (1) IN GENERAL.—There is established the 

2 Commission on Access to Care (in this section re3 ferred to as the ‘‘Commission’’). 

4 (2) MEMBERSHIP.— 

5 (A) VOTING MEMBERS.—The Commission 

6 shall be composed of voting members who are 

7 appointed by the President as follows: 

8 (i) At least two members who rep9 resent an organization recognized by the 

10 Secretary of Veterans Affairs for the rep11 resentation of veterans under section 5902 

12 of title 38, United States Code. 

13 (ii) At least one member from among 

14 persons who are experts concerning a pub15 lic or private hospital system. 

16 (iii) At least one member from among 

17 persons who are leading experts in the pri18 vate insurance industry. 

19 (iv) At least two members from 

20 among persons who are familiar with the 

21 Veterans Health Administration of the De22 partment of Veterans Affairs. 

23 (B) NONVOTING MEMBERS.—In addition 

24 to members appointed under subparagraph (A), 

25 the Commission shall be composed of nonvoting 


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1 members who are appointed by the President as 

2 follows: 

3 (i) At least two members who rep4 resent an organization recognized by the 

5 Secretary of Veterans Affairs for the rep6 resentation of veterans under section 5902 

7 of title 38, United States Code. 

8 (ii) At least one member from among 

9 persons who are experts in a public or pri10 vate hospital system. 

11 (iii) At least one member from among 

12 persons who are leading experts in the pri13 vate insurance industry. 

14 (iv) At least two members from 

15 among persons who are familiar with the 

16 Veterans Health Administration. 

17 (C) DATE.—The appointments of members 

18 of the Commission shall be made not later than 

19 60 days after the date of the enactment of this 

20 Act. 

21 (3) PERIOD OF APPOINTMENT; VACANCIES.— 

22 Members shall be appointed for the life of the Com23 mission. Any vacancy in the Commission shall not 

24 affect its powers, but shall be filled in the same 

25 manner as the original appointment. 


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1 (4) INITIAL MEETING.—Not later than 15 days 

2 after the date on which seven voting members of the 

3 Commission have been appointed, the Commission 

4 shall hold its first meeting. 

5 (5) MEETINGS.—The Commission shall meet at 

6 the call of the Chairperson. 

7 (6) QUORUM.—A majority of the members of 

8 the Commission shall constitute a quorum, but a 

9 lesser number of members may hold hearings. 

10 (7) CHAIRPERSON AND VICE CHAIRPERSON.— 

11 The Commission shall select a Chairperson and Vice 

12 Chairperson from among its members. 

13 (b) DUTIES OF COMMISSION.— 

14 (1) EVALUATION AND ASSESSMENT.—The Com15 mission shall undertake a comprehensive evaluation 

16 and assessment of access to health care at the De17 partment of Veterans Affairs. 

18 (2) MATTERS EVALUATED AND ASSESSED.— 

19 The matters evaluated and assessed by the Commis20 sion shall include the following: 

21 (A) The appropriateness of current stand22 ards of the Department of Veterans Affairs 

23 concerning access to health care. 

24 (B) The measurement of such standards. 


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1 (C) The appropriateness of performance 

2 standards and incentives in relation to stand3 ards described in subparagraph (A). 

4 (D) Staffing levels throughout the Vet5 erans Health Administration and whether they 

6 are sufficient to meet current demand for 

7 health care from the Administration. 

8 (3) REPORTS.—The Commission shall submit 

9 to the President, through the Secretary of Veterans 

10 Affairs, reports as follows: 

11 (A) Not later than 90 days after the date 

12 of the initial meeting of the Commission, an in13 terim report on— 

14 (i) the findings of the Commission 

15 with respect to the evaluation and assess16 ment required by this subsection; and 

17 (ii) such recommendations as the 

18 Commission may have for legislative or ad19 ministrative action to improve access to 

20 health care through the Veterans Health 

21 Administration. 

22 (B) Not later than 180 days after the date 

23 of the initial meeting of the Commission, a final 

24 report on— 


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1 (i) the findings of the Commission 

2 with respect to the evaluation and assess3 ment required by this subsection; and 

4 (ii) such recommendations as the 

5 Commission may have for legislative or ad6 ministrative action to improve access to 

7 health care through the Veterans Health 

8 Administration. 

9 (c) POWERS OF THE COMMISSION.— 

10 (1) HEARINGS.—The Commission may hold 

11 such hearings, sit and act at such times and places, 

12 take such testimony, and receive such evidence as 

13 the Commission considers advisable to carry out this 

14 section. 

15 (2) INFORMATION FROM FEDERAL AGENCIES.— 

16 The Commission may secure directly from any Fed17 eral department or agency such information as the 

18 Commission considers necessary to carry out this 

19 section. Upon request of the Chairperson of the 

20 Commission, the head of such department or agency 

21 shall furnish such information to the Commission. 

22 (d) COMMISSION PERSONNEL MATTERS.— 

23 (1) COMPENSATION OF MEMBERS.—Each mem24 ber of the Commission who is not an officer or em25 ployee of the Federal Government shall be comVerDate Mar 15 2010 02:30 Jun 17, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4861.IH H4861

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1 pensated at a rate equal to the daily equivalent of 

2 the annual rate of basic pay prescribed for level IV 

3 of the Executive Schedule under section 5315 of title 

4 5, United States Code, for each day (including travel 

5 time) during which such member is engaged in the 

6 performance of the duties of the Commission. All 

7 members of the Commission who are officers or em8 ployees of the United States shall serve without com9 pensation in addition to that received for their serv10 ices as officers or employees of the United States. 

11 (2) TRAVEL EXPENSES.—The members of the 

12 Commission shall be allowed travel expenses, includ13 ing per diem in lieu of subsistence, at rates author14 ized for employees of agencies under subchapter I of 

15 chapter 57 of title 5, United States Code, while 

16 away from their homes or regular places of business 

17 in the performance of services for the Commission. 

18 (3) STAFF.— 

19 (A) IN GENERAL.—The Chairperson of the 

20 Commission may, without regard to the civil 

21 service laws and regulations, appoint and termi22 nate an executive director and such other addi23 tional personnel as may be necessary to enable 

24 the Commission to perform its duties. The emVerDate Mar 15 2010 02:30 Jun 17, 2014 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4861.IH H4861

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1 ployment of an executive director shall be sub2 ject to confirmation by the Commission. 

3 (B) COMPENSATION.—The Chairperson of 

4 the Commission may fix the compensation of 

5 the executive director and other personnel with6 out regard to chapter 51 and subchapter III of 

7 chapter 53 of title 5, United States Code, relat8 ing to classification of positions and General 

9 Schedule pay rates, except that the rate of pay 

10 for the executive director and other personnel 

11 may not exceed the rate payable for level V of 

12 the Executive Schedule under section 5316 of 

13 such title. 

14 (4) DETAIL OF GOVERNMENT EMPLOYEES.— 

15 Any Federal Government employee may be detailed 

16 to the Commission without reimbursement, and such 

17 detail shall be without interruption or loss of civil 

18 service status or privilege. 

19 (5) PROCUREMENT OF TEMPORARY AND INTER20 MITTENT SERVICES.—The Chairperson of the Com21 mission may procure temporary and intermittent 

22 services under section 3109(b) of title 5, United 

23 States Code, at rates for individuals which do not 

24 exceed the daily equivalent of the annual rate of 


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1 basic pay prescribed for level V of the Executive 

2 Schedule under section 5316 of such title. 

3 (e) TERMINATION OF THE COMMISSION.—The Com4 mission shall terminate 30 days after the date on which 

5 the Commission submits its report under subsection 

6 (b)(3)(B). 

7 (f) FUNDING.—The Secretary of Veterans Affairs 

8 shall make available to the Commission from amounts ap9 propriated or otherwise made available to the Secretary 

10 such amounts as the Secretary and the Chairperson of the 

11 Commission jointly consider appropriate for the Commis12 sion to perform its duties under this section. 

13 (g) EXECUTIVE ACTION.— 

14 (1) ACTION ON RECOMMENDATIONS.—The 

15 President shall require the Secretary of Veterans Af16 fairs and such other heads of relevant Federal de17 partments and agencies to implement each rec18 ommendation set forth in a report submitted under 

19 subsection (b)(3) that the President— 

20 (A) considers feasible and advisable; and 

21 (B) determines can be implemented with22 out further legislative action. 

23 (2) REPORTS.—Not later than 60 days after 

24 the date on which the President receives a report 

25 under subsection (b)(3), the President shall submit 


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1 to the Committee on Veterans’ Affairs of the Senate 

2 and the Committee on Veterans’ Affairs of the 

3 House of Representatives and such other committees 

4 of Congress as the President considers appropriate 

5 a report setting forth the following: 

6 (A) An assessment of the feasibility and 

7 advisability of each recommendation contained 

8 in the report received by the President. 

9 (B) For each recommendation assessed as 

10 feasible and advisable under subparagraph (A) 

11 the following: 

12 (i) Whether such recommendation re13 quires legislative action. 

14 (ii) If such recommendation requires 

15 legislative action, a recommendation con16 cerning such legislative action. 

17 (iii) A description of any administra18 tive action already taken to carry out such 

19 recommendation. 

20 (iv) A description of any administra21 tive action the President intends to be 

22 taken to carry out such recommendation 

23 and by whom. 

Æ 


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