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. DUN-
CAN 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 deter-
mined 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘VA Guidance for Orga-
nizational Reform and Data Integrity for Accountability 
Needs Key for Necessary and Optimal Transformation 
Act’’ or the ‘‘VA GORDIAN KNOT Act’’. 
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SEC. 2. ORGANIZATION OF DEPARTMENT OF VETERANS AF-
FAIRS. 
(a) INDEPENDENT ASSESSMENT.— 
(1) IN GENERAL.—The Secretary of Veterans 
Affairs shall seek to enter into an agreement with an 
independent entity to conduct an assessment of the 
organization of the Department of Veterans Affairs. 
(2) ELEMENTS.—The assessment under para-
graph (1) shall include the following: 
(A) Whether the current organization of 
the Department is conducive to meeting the 
performance goals of the Department. 
(B) An identification of the mission state-
ment and function of each element of the De-
partment, including whether any such elements 
have duplicative functions. 
(C) Identification of the strengths and 
weaknesses of the current organization. 
(D) How many full-time equivalent posi-
tions, including with respect to senior execu-
tives, are in each of the Veterans Benefits Ad-
ministration, the National Cemetery Adminis-
tration, and the Central Office. 
(E) A description of the hierarchy in each 
element of the Department. 
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(F) An evaluation of the cost to the De-
partment of providing hospital care and medical 
services to veterans at medical facilities of the 
Department as compared to the cost of paying 
for such care and services furnished by a non- 
Department provider pursuant to the Veterans 
Choice Program established by section 101 of 
the Veterans Access, Choice, and Accountability 
Act of 2014 (38 U.S.C. 1701 note) or other 
provision of law authorizing non-Department 
hospital care or medical services. 
(G) To assist in developing a long-term 
sustainable capital asset planning process, iden-
tification of underused facilities of the Depart-
ment that, if closed or disposed of, would not 
negatively affect the health care or benefits pro-
vided to veterans. 
(H) With respect to the facilities described 
in subparagraph (E), a plan to engage veteran 
populations, veteran service organizations, and 
other organizations and stakeholders that work 
with veterans to identify such facilities and de-
termine whether veterans have the ability to 
seek services by non-Department providers 
under the laws administered by the Secretary. 
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SEC. 3. IMPROVEMENTS TO HIRING AND RETAINING EM-
PLOYEES. 
(a) IMPROVEMENTS TO HIRING.— 
(1) HIRING PLAN.—The Secretary of Veterans 
Affairs shall ensure that each medical facility of the 
Department of Veterans Affairs, including commu-
nity based outpatient clinics, has a hiring plan to 
address the health care needs of the facility. 
(2) SHARING OF INFORMATION.—The Secretary 
shall establish a system that lists each vacant posi-
tion in a medical facility of the Department that is 
covered under the hiring plan under paragraph (1). 
If the Secretary determines that an applicant for 
such a vacant position is qualified for the position 
but is not selected for the position, the Secretary 
may consider the applicant for other similar posi-
tions listed in the system. 
(3) DATA.—The Secretary shall keep records 
on— 
(A) the amount of time a vacant position 
described in paragraph (2) remains unfilled; 
(B) positions that have been vacant for a 
prolonged period and such vacancy— 
(i) is related to a whistleblower case; 
and 
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(ii) has affected the ability of the De-
partment to provide quality and timely 
health care of veterans; and 
(C) whether an employee of the Depart-
ment who transfers from one medical facility of 
the Department to another such facility was 
reprimanded, placed on administrative leave, or 
appealed an allegation at the previous position 
of the employee within the Department. 
(4) SUBMISSION.—Upon the request of either 
the Committee on Veterans’ Affairs of the House of 
Representatives or the Committee on Veterans’ Af-
fairs of the Senate, the Secretary shall submit to the 
committee the records specified in paragraph (3). 
(b) EXIT INTERVIEWS.—The Secretary shall ensure 
that each employee of the Department who voluntarily 
separates from the Department is afforded the oppor-
tunity to complete an interview in order for the Secretary 
to ascertain— 
(1) the reason the employee is separating; 
(2) the opinion of the employee with respect to 
being employed at the Department; and 
(3) ways in which the Secretary can better im-
prove the retention of employees of the Department. 
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SEC. 4. INTEGRITY OF HEALTH CARE DATA. 
(a) CERTAIN DEFINITIONS.—Section 7311 of title 
38, United States Code, is amended by inserting at the 
end the following new subsection: 
‘‘(f) For purposes of determining the validity of 
health care data collected pursuant to this section or any 
other provision of law regarding the employees of the Vet-
erans Health Administration, the Secretary shall develop 
standard definitions for— 
‘‘(1) the actions that constitute the manipula-
tion of data regarding scheduling appointments for 
health care; and 
‘‘(2) the ways in which such employees are held 
accountable for such manipulation.’’. 
(b) VERIFICATION OF DATA.— 
(1) DESIGNATION.—The Secretary of Veterans 
Affairs shall ensure that a single position in each of-
fice described in paragraph (2) is designated as 
being responsible for verifying the accuracy of the 
data reported from such office to a superior office. 
(2) OFFICE DESCRIBED.—An office described in 
this paragraph is each of the following: 
(A) A medical facility of the Department 
of Veterans Affairs. 
(B) A Veterans Integrated Service Net-
work. 
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(C) A regional office of the Veterans Bene-
fits Administration. 
(D) The central office of the Veterans 
Benefits Administration. 
(c) ASSESSMENT.— 
(1) IN GENERAL.—The Secretary shall seek to 
enter into an agreement with an independent, non- 
governmental entity to assess whether this section, 
and the amendment made by this section, improves 
the accuracy of data of the Department of Veterans 
Affairs. 
(2) SUBMISSION.—Not later than one year after 
the date of the enactment of this Act, the Secretary 
shall submit to the Committees on Veterans’ Affairs 
of the House of Representatives and the Senate the 
assessment conducted under paragraph (1). 
(d) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary shall submit 
to the Committees on Veterans’ Affairs of the House of 
Representatives and the Senate a report containing— 
(1) a study on— 
(A) the data collected or used by the Vet-
erans Health Administration and the Veterans 
Benefits Administration, including data that 
the Secretary, as of the date of the study, al-
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lows to be self-reported by the appropriate of-
fice; and 
(B) what metrics the Secretary should be 
using to track such data; 
(2) an implementation plan to correct any 
vulnerabilities regarding the accuracy of such data; 
(3) a description of the Department-wide mini-
mal standards and guidelines to reprimand employ-
ees of the Department who knowingly provide false 
information to Federal investigators or who know-
ingly provide inaccurate information when testifying 
before a committee of Congress; and 
(4) an identification of the recommendations re-
garding data integrity, information technology, orga-
nizational reforms, management improvements, or 
hiring and retaining employees reported by or made 
by the independent assessment under section 201 of 
the Veterans Access, Choice, and Accountability Act 
of 2014 (Public Law 113–146; 128 Stat. 1769), the 
Commission on Care, the Comptroller General of the 
United States, and the Inspector General of the De-
partment of Veterans Affairs that, as of the date of 
the report, have not been implemented, and a plan 
to implement such recommendations and track the 
progress of such implementation. 
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(e) STUDY OF COSTS.— 
(1) IN GENERAL.—The Secretary shall conduct 
a study to determine the costs to the United States 
relating to officials and employees of the Depart-
ment of Veterans Affairs manipulating health care 
data, providing negligent management, and retali-
ating against whistleblowers, during the five-year pe-
riod preceding such study. 
(2) ELEMENTS.—The study under paragraph 
(1) shall include the following: 
(A) The amount of money that the Federal 
Government has spent, by fiscal year, on settle-
ments (including confidential settlements) with 
whistleblowers of the Department. 
(B) The number of hours that employees 
of the Federal Government have spent to de-
fend the Department in administrative or judi-
cial proceedings with respect to employees of 
the Department accused of manipulating health 
care data, providing negligent management, or 
retaliating against whistleblowers. 
(C) Obstacles preventing the Secretary 
from demoting, removing, or terminating an 
employee of the Department based on perform-
ance or misconduct. 
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(3) SUBMISSION.—Not later than one year after 
the date of the enactment of this Act, the Secretary 
shall submit to the Committees on Veterans’ Affairs 
of the House of Representatives and the Senate a 
report containing the study under paragraph (1). 
SEC. 5. PUBLICATION OF WAIT TIMES. 
(a) PUBLICATION OF WAIT TIMES.—The Secretary 
of Veterans Affairs shall make publically available on the 
Internet website of the Department of Veterans Affairs 
the current wait times for a veteran enrolled in the health 
care system established under section 1705(a) of title 38, 
United States Code, to receive an appointment for health 
care at a medical facility of the Department of Veterans 
Affairs. Such wait time shall be categorized by primary 
care, specialty care, and mental health services and in-
clude an explanation on the metrics used to determine 
such wait times. 
(b) TRANSPARENCY.—The Secretary of Veterans Af-
fairs shall seek to enter into an agreement with the Comp-
troller General of the United States or an independent en-
tity to conduct an assessment of the accuracy of the wait 
times published under subsection (a). The Secretary shall 
publish information regarding such assessment on the 
Internet website described in subsection (a). 
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(c) WAIT TIME DEFINED.—In this section, the term 
‘‘wait time’’ means, with respect to a veteran receiving an 
appointment at a medical facility of the Department of 
Veterans Affairs, the period beginning on the date on 
which the veteran first requests such appointment and 
ending on the date on which such appointment occurs. 
SEC. 6. TRANSFER AUTHORITY. 
(a) IN GENERAL.—Chapter 1 of title 38, United 
States Code, is amended by inserting after section 117 the 
following new section: 
‘‘§ 117A. Transfer authority 
‘‘(a) IN GENERAL.—In addition to any other provi-
sion of law authorizing the transfer of amounts by the Sec-
retary of Veterans Affairs, in any fiscal year in which 
there is a shortfall, the Secretary may transfer covered 
amounts to accounts of the Department for purposes of 
mitigating or removing such shortfall. 
‘‘(b) NOTIFICATION.—In any fiscal year in which 
there is a shortfall and the Secretary does not make a 
transfer under subsection (a), the Secretary shall submit 
to the Committees on Veterans’ Affairs of the House of 
Representatives and the Senate justifications for not mak-
ing such transfer. 
‘‘(c) DEFINITIONS.—In this section: 
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‘‘(1) The term ‘covered amounts’ means 
amounts made available to the Secretary for awards 
or bonuses under chapter 45 or 53 of title 5, United 
States Code, or any other awards or bonuses author-
ized under such title or this title. 
‘‘(2) The term ‘shortfall’ means the event, as 
determined by the Secretary, that the funds made 
available to the Secretary for a fiscal year are not 
sufficient to provide the benefits under the laws ad-
ministered by the Secretary or otherwise carry out 
the responsibilities of the Department during any 
period of such fiscal year.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 117 the following new 
item: 
‘‘117A. Transfer authority.’’. 
Æ 
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