114TH CONGRESS 
2D SESSION 
H. R. 5620 
AN ACT 
To amend title 38, United States Code, to provide for the 
removal or demotion of employees of the Department 
of Veterans Affairs based on performance or misconduct, 
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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘VA Accountability First and Appeals Modernization Act 
of 2016’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References to title 38, United States Code. 
Sec. 3. Removal or demotion of employees based on performance or misconduct. 
Sec. 4. Reduction of benefits for members of the Senior Executive Service with-
in the Department of Veterans Affairs convicted of certain 
crimes. 
Sec. 5. Authority to recoup bonuses or awards paid to employees of Department 
of Veterans Affairs. 
Sec. 6. Authority to recoup relocation expenses paid to or on behalf of employ-
ees of Department of Veterans Affairs. 
Sec. 7. Senior executives: personnel actions based on performance or mis-
conduct. 
Sec. 8. Office of Accountability and Whistleblower Protection. 
Sec. 9. Treatment of whistleblower complaints in Department of Veterans Af-
fairs. 
Sec. 10. Appeals reform. 
Sec. 11. Limitation on awards and bonuses paid to senior executive employees 
of Department of Veterans Affairs. 
Sec. 12. Clarification of emergency hospital care furnished by the Secretary of 
Veterans Affairs to certain veterans. 
Sec. 13. Sense of Congress regarding American veterans disabled for life. 
Sec. 14. Establishment of positions of Directors of Veterans Integrated Service 
Networks in Office of Under Secretary for Health of Depart-
ment of Veterans Affairs and modification of qualifications for 
Medical Directors. 
Sec. 15. Continuing education requirement for employees of Department of 
Veterans Affairs authorized to prescribe medication. 
Sec. 16. Review of whistleblower complaints. 
Sec. 17. Identification of matters relating to part-time employment of members 
of the Armed Forces who are physicians. 
Sec. 18. Recruitment of physicians in Department of Veterans Affairs. 
Sec. 19. Authority to disclose certain medical records of veterans who receive 
non-Department of Veterans Affairs health care. 
Sec. 20. Survey of veteran experiences with Department of Veterans Affairs 
medical care. 
Sec. 21. Annual report on performance of regional offices of the Department 
of Veterans Affairs. 
Sec. 22. Extension of authority of the Secretary of Veterans Affairs to provide 
for the conduct of medical disability examinations by contract 
physicians. 
Sec. 23. Provision of status under law by honoring certain members of the re-
serve components as veterans.
Sec. 24. Provision of rehabilitative equipment and human-powered vehicles to 
certain disabled veterans. 
Sec. 25. Appointment of licensed hearing aid specialists in Veterans Health Ad-
ministration. 
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of title 38, United States Code. 
SEC. 3. REMOVAL OR DEMOTION OF EMPLOYEES BASED ON 
PERFORMANCE OR MISCONDUCT. 
(a) IN GENERAL.—Chapter 7 is amended by adding 
at the end the following new section: 
‘‘§ 715. Employees: removal or demotion based on 
performance or misconduct 
‘‘(a) IN GENERAL.—The Secretary may remove or 
demote an individual who is an employee of the Depart-
ment if the Secretary determines the performance or mis-
conduct of the individual warrants such removal or demo-
tion. If the Secretary so removes or demotes such an indi-
vidual, the Secretary may— 
‘‘(1) remove the individual from the civil service 
(as defined in section 2101 of title 5); or 
‘‘(2) demote the individual by means of—
‘‘(A) a reduction in grade for which the in-
dividual is qualified and that the Secretary de-
termines is appropriate; or 
‘‘(B) a reduction in annual rate of pay 
that the Secretary determines is appropriate. 
‘‘(b) PAY OF CERTAIN DEMOTED INDIVIDUALS.—(1) 
Notwithstanding any other provision of law, any individual 
subject to a demotion under subsection (a)(2)(A) shall, be-
ginning on the date of such demotion, receive the annual 
rate of pay applicable to such grade. 
‘‘(2) An individual so demoted may not be placed on 
administrative leave or any other category of paid leave 
during the period during which an appeal (if any) under 
this section is ongoing, and may only receive pay if the 
individual reports for duty. If an individual so demoted 
does not report for duty, such individual shall not receive 
pay or other benefits pursuant to subsection (e)(5). 
‘‘(c) NOTICE TO CONGRESS.—Not later than 30 days 
after removing or demoting an individual under subsection 
(a), the Secretary shall submit to the Committees on Vet-
erans’ Affairs of the Senate and House of Representatives 
and to each Member of Congress representing a district 
in the State or territory where the facility where the indi-
vidual was employed immediately before being removed or
demoted is located notice in writing of such removal or 
demotion and the reason for such removal or demotion. 
‘‘(d) PROCEDURE.—(1) Subsection (b) of section 
7513 of title 5 shall apply with respect to a removal or 
a demotion under this section, except that the period for 
notice and response, which includes the advance notice pe-
riod required by paragraph (1) of such subsection and the 
response period required by paragraph (2) of such sub-
section, shall not exceed a total of 10 calendar days. 
‘‘(2) The procedures under chapter 43 of title 5 shall 
not apply to a removal or demotion under this section. 
‘‘(3)(A) Subject to subparagraph (B) and subsection 
(e), any removal or demotion under subsection (a) may 
be appealed to the Merit Systems Protection Board. 
‘‘(B) An appeal under subparagraph (A) of a removal 
or demotion may only be made if such appeal is made not 
later than 7 days after the date of such removal or demo-
tion. 
‘‘(e) EXPEDITED REVIEW BY MSPB.—(1) Upon re-
ceipt of an appeal under subsection (d)(3)(A), the Merit 
Systems Protection Board shall expedite any such appeal 
under such section and, in any such case, shall issue a 
decision not later than 60 days after the date of the ap-
peal.
‘‘(2) Notwithstanding section 7701(c)(1)(B) of title 
5, the Merit Systems Protection Board shall uphold the 
decision of the Secretary to remove or demote an employee 
under subsection (a) if the decision is supported by sub-
stantial evidence. 
‘‘(3) The decision of the Merit Systems Protection 
Board under paragraph (1), and any final removal or de-
motion described in paragraph (4), may be appealed to 
the United States Court of Appeals for the Federal Circuit 
pursuant to section 7703 of title 5. Any decision by such 
Court shall be in compliance with section 7462(f)(2) of 
this title. 
‘‘(4) In any case in which the Merit Systems Protec-
tion Board cannot issue a decision in accordance with the 
60-day requirement under paragraph (1), the removal or 
demotion is final. In such a case, the Merit Systems Pro-
tection Board shall, within 14 days after the date that 
such removal or demotion is final, submit to Congress and 
the Committees on Veterans’ Affairs of the Senate and 
House of Representatives and to each Member of Congress 
representing a district in the State or territory where the 
facility where the individual was employed immediately be-
fore being removed or demoted is located a report that 
explains the reasons why a decision was not issued in ac-
cordance with such requirement.
‘‘(5) The Merit Systems Protection Board may not 
stay any removal or demotion under this section. 
‘‘(6) During the period beginning on the date on 
which an individual appeals a removal from the civil serv-
ice under subsection (d) and ending on the date that the 
Merit Systems Protection Board issues a final decision on 
such appeal, such individual may not receive any pay, 
awards, bonuses, incentives, allowances, differentials, stu-
dent loan repayments, special payments, or benefits. 
‘‘(7) To the maximum extent practicable, the Sec-
retary shall provide to the Merit Systems Protection 
Board such information and assistance as may be nec-
essary to ensure an appeal under this subsection is expe-
dited. 
‘‘(f) WHISTLEBLOWER PROTECTION.—(1) In the 
case of an individual seeking corrective action (or on be-
half of whom corrective action is sought) from the Office 
of Special Counsel based on an alleged prohibited per-
sonnel practice described in section 2302(b) of title 5, the 
Secretary may not remove or demote such individual 
under subsection (a) without the approval of the Special 
Counsel under section 1214(f) of title 5. 
‘‘(2) In the case of an individual who has filed a whis-
tleblower complaint, as such term is defined in section 741 
of this title, the Secretary may not remove or demote such
individual under subsection (a) until a final decision with 
respect to the whistleblower complaint has been made. 
‘‘(g) TERMINATION OF INVESTIGATIONS BY OFFICE 
OF SPECIAL COUNSEL.—Notwithstanding any other provi-
sion of law, the Special Counsel (established by section 
1211 of title 5) may terminate an investigation of a pro-
hibited personnel practice alleged by an employee or 
former employee of the Department after the Special 
Counsel provides to the employee or former employee a 
written statement of the reasons for the termination of 
the investigation. Such statement may not be admissible 
as evidence in any judicial or administrative proceeding 
without the consent of such employee or former employee. 
‘‘(h) RELATION TO OTHER AUTHORITIES.—The au-
thority provided by this section is in addition to the au-
thority provided by subchapter V of chapter 74 of this 
title, subchapter II of chapter 75 of title 5, chapter 43 
of such title, and any other authority with respect to dis-
ciplining an individual. 
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) The term ‘individual’ means an individual 
occupying a position at the Department but does not 
include— 
‘‘(A) an individual, as that term is defined 
in section 713(g)(1); or
‘‘(B) a political appointee. 
‘‘(2) The term ‘grade’ has the meaning given 
such term in section 7511(a) of title 5. 
‘‘(3) The term ‘misconduct’ includes neglect of 
duty, malfeasance, or failure to accept a directed re-
assignment or to accompany a position in a transfer 
of function. 
‘‘(4) The term ‘political appointee’ means an in-
dividual who is— 
‘‘(A) employed in a position described 
under sections 5312 through 5316 of title 5 
(relating to the Executive Schedule); 
‘‘(B) a limited term appointee, limited 
emergency appointee, or noncareer appointee in 
the Senior Executive Service, as defined under 
paragraphs (5), (6), and (7), respectively, of 
section 3132(a) of title 5; or 
‘‘(C) employed in a position of a confiden-
tial or policy-determining character under 
schedule C of subpart C of part 213 of title 5 
of the Code of Federal Regulations.’’. 
(b) CLERICAL AND CONFORMING AMENDMENTS.— 
(1) CLERICAL.—The table of sections at the be-
ginning of chapter 7 is amended by inserting after
the item relating to section 713 the following new 
item: 
‘‘715. Employees: removal or demotion based on performance or misconduct.’’. 
(2) CONFORMING.—Section 4303(f) of title 5, 
United States Code, is amended— 
(A) by striking ‘‘or’’ at the end of para-
graph (2); 
(B) by striking the period at the end of 
paragraph (3) and inserting ‘‘, or’’; and 
(C) by adding at the end the following: 
‘‘(4) any removal or demotion under section 
715 of title 38.’’. 
SEC. 4. REDUCTION OF BENEFITS FOR MEMBERS OF THE 
SENIOR EXECUTIVE SERVICE WITHIN THE 
DEPARTMENT OF VETERANS AFFAIRS CON-
VICTED OF CERTAIN CRIMES. 
(a) REDUCTION OF BENEFITS.— 
(1) IN GENERAL.—Chapter 7 is further amend-
ed by inserting after section 715, as added by sec-
tion 3, the following new section: 
‘‘§ 717. Senior executives: reduction of benefits of in-
dividuals convicted of certain crimes 
‘‘(a) REDUCTION OF ANNUITY FOR REMOVED EM-
PLOYEE.—(1) The Secretary shall order that the covered 
service of an individual removed from a senior executive 
position for performance or misconduct under section 713
of this title, chapter 43 or subchapter V of chapter 75 
of title 5, or any other provision of law shall not be taken 
into account for purposes of calculating an annuity with 
respect to such individual under chapter 83 or chapter 84 
of title 5, if— 
‘‘(A) the individual is convicted of a felony that 
influenced the individual’s performance while em-
ployed in the senior executive position; and 
‘‘(B) before such order is made, the individual 
is afforded— 
‘‘(i) notice of the order and an opportunity 
to respond to the order; and 
‘‘(ii) consistent with paragraph (2), an op-
portunity to appeal the order to another depart-
ment or agency of the Federal Government. 
‘‘(2) If a final decision on an appeal made under 
paragraph (1)(B)(ii) is not made by the applicable depart-
ment or agency of the Federal Government within 30 days 
after receiving such appeal, the order of the Secretary 
under paragraph (1) shall be final and not subject to fur-
ther appeal. 
‘‘(b) REDUCTION OF ANNUITY FOR RETIRED EM-
PLOYEE.—(1) The Secretary may order that the covered 
service of an individual who is subject to a removal or 
transfer action for performance or misconduct under sec-
tion 713 of this title, chapter 43 or subchapter V of chap-
ter 75 of title 5, or any other provision of law but who 
leaves employment at the Department prior to the 
issuance of a final decision with respect to such action 
shall not be taken into account for purposes of calculating 
an annuity with respect to such individual under chapter 
83 or chapter 84 of title 5, if— 
‘‘(A) the individual is convicted of a felony that 
influenced the individual’s performance while em-
ployed in the senior executive position; and 
‘‘(B) before such order is made, the individual 
is afforded— 
‘‘(i) notice of the order and an opportunity 
to respond to the order; and 
‘‘(ii) an opportunity to appeal the order to 
another department or agency of the Federal 
Government. 
‘‘(2) The Secretary shall make such an order not 
later than 7 days after the date of the conclusion of a 
hearing referred to in paragraph (1)(B) that determines 
that such order is lawful. 
‘‘(c) ADMINISTRATIVE
REQUIREMENTS.—(1) Not 
later than 30 days after the Secretary issues an order 
under subsection (a) or (b), the Director of the Office of
Personnel Management shall recalculate the annuity of the 
individual. 
‘‘(2) A decision regarding whether the covered service 
of an individual shall be taken into account for purposes 
of calculating an annuity under subsection (a) or (b) is 
final and may not be reviewed by any department or agen-
cy or any court. 
‘‘(d) LUMP-SUM ANNUITY CREDIT.—Any individual 
with respect to whom an annuity is reduced under sub-
section (a) or (b) shall be entitled to be paid so much of 
such individual’s lump-sum credit as is attributable to the 
period of covered service. 
‘‘(e) SPOUSE OR CHILDREN EXCEPTION.—The Sec-
retary, in consultation with the Office of Personnel Man-
agement, shall prescribe regulations that may provide for 
the payment to the spouse or children of any individual 
referred to in subsection (a) or (b) of any amounts which 
(but for this subsection) would otherwise have been non-
payable by reason of such subsections. Any such regula-
tions shall be consistent with the requirements of section 
8332(o)(5) and 8411(l)(5) of title 5, as the case may be. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered service’ means, with re-
spect to an individual subject to a removal or trans-
fer for performance or misconduct under section 713
of this title, chapter 43 or subchapter V of chapter 
75 of title 5, or any other provision of law, the pe-
riod of service beginning on the date that the Sec-
retary determines under such applicable provision 
that the individual engaged in activity that gave rise 
to such action and ending on the date that the indi-
vidual is removed or transferred from the senior ex-
ecutive position or leaves employment at the Depart-
ment prior to the issuance of a final decision with 
respect to such action, as the case may be. 
‘‘(2) The term ‘lump-sum credit’ has the mean-
ing given such term in section 8331(8) or section 
8401(19) of title 5, as the case may be. 
‘‘(3) The term ‘senior executive position’ has 
the meaning given such term in section 713(g)(3) of 
this title. 
‘‘(4) The term ‘service’ has the meaning given 
such term in section 8331(12) or section 8401(26) 
of title 5, as the case may be.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 7 of such title is 
amended by inserting after the item relating to sec-
tion 715, as added by section 3, the following new 
item: 
‘‘717. Senior executives: reduction of benefits of individuals convicted of certain 
crimes.’’.
(b) APPLICATION.—Section 717 of title 38, United 
States Code, as added by subsection (a)(1), shall apply 
to any action of removal or transfer under section 713 
of title 38, United States Code, commencing on or after 
the date of the enactment of this Act. 
SEC. 5. AUTHORITY TO RECOUP BONUSES OR AWARDS 
PAID TO EMPLOYEES OF DEPARTMENT OF 
VETERANS AFFAIRS. 
(a) IN GENERAL.—Chapter 7 is further amended by 
inserting after section 717, as added by section 4, the fol-
lowing new section: 
‘‘§ 719. Recoupment of bonuses or awards paid to em-
ployees of Department 
‘‘(a) RECOUPMENT.—Notwithstanding any other pro-
vision of law, the Secretary may issue an order directing 
an employee of the Department to repay the amount, or 
a portion of the amount, of any award or bonus paid to 
the employee under title 5, including under chapters 45 
or 53 of such title, or this title if— 
‘‘(1) the Secretary determines such repayment 
appropriate pursuant to regulations prescribed under 
subsection (c); and 
‘‘(2) before such repayment, the employee is af-
forded—
‘‘(A) notice of the order and an oppor-
tunity to respond to the order; and 
‘‘(B) an opportunity to appeal the order to 
another department or agency of the Federal 
Government. 
‘‘(b) REVIEW.—(1) Upon the issuance of an order by 
the Secretary under subsection (a), the employee shall be 
afforded— 
‘‘(A) notice of the order and an opportunity to 
respond to the order; and 
‘‘(B) consistent with paragraph (2), an oppor-
tunity to appeal the order to another department or 
agency of the Federal Government. 
‘‘(2) If a final decision on an appeal made under 
paragraph (1)(B) is not made by the applicable depart-
ment or agency of the Federal Government within 30 days 
after receiving such appeal, the order of the Secretary 
under subsection (a) shall be final and not subject to fur-
ther appeal. 
‘‘(c) REGULATIONS.—The Secretary shall prescribe 
regulations to carry out this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter, as amended by section 
4, is amended by inserting after the item relating to sec-
tion 717 the following new item: 
‘‘719. Recoupment of bonuses or awards paid to employees of Department.’’.
(c) EFFECTIVE DATE.—Section 719 of title 38, 
United States Code, as added by subsection (a), shall 
apply with respect to an award or bonus paid by the Sec-
retary of Veterans Affairs to an employee of the Depart-
ment of Veterans Affairs on or after the date of the enact-
ment of this Act. 
(d) CONSTRUCTION.—Nothing in this Act or the 
amendments made by this Act may be construed to modify 
the certification issued by the Office of Personnel Manage-
ment and the Office of Management and Budget regarding 
the performance appraisal system of the Senior Executive 
Service of the Department of Veterans Affairs. 
SEC. 6. AUTHORITY TO RECOUP RELOCATION EXPENSES 
PAID TO OR ON BEHALF OF EMPLOYEES OF 
DEPARTMENT OF VETERANS AFFAIRS. 
(a) IN GENERAL.—Chapter 7 is further amended by 
adding at the end the following new section: 
‘‘§ 721. Recoupment of relocation expenses paid on 
behalf of employees of Department 
‘‘(a) RECOUPMENT.—(1) Notwithstanding any other 
provision of law, the Secretary may direct an employee of 
the Department to repay the amount, or a portion of the 
amount, paid to or on behalf of the employee under title 
5 for relocation expenses, including any expenses under 
section 5724 or 5724a of such title, or this title if—
‘‘(A) the Secretary determines that— 
‘‘(i) the employee has committed an act of 
fraud, waste, or malfeasance; and 
‘‘(ii) such repayment is appropriate pursu-
ant to regulations prescribed under subsection 
(c); and 
‘‘(B) before such repayment is ordered, the in-
dividual is afforded— 
‘‘(i) notice of the determination of the Sec-
retary and an opportunity to respond to the de-
termination; and 
‘‘(ii) consistent with paragraph (2), an op-
portunity to appeal the determination to an-
other department or agency of the Federal Gov-
ernment. 
‘‘(2) If a final decision on an appeal made under 
paragraph (1)(B)(ii) is not made by the applicable depart-
ment or agency of the Federal Government within 30 days 
after receiving such appeal, the order of the Secretary 
under paragraph (1) shall be final and not subject to fur-
ther appeal. 
‘‘(b) REVIEW.—A decision regarding a repayment by 
an employee pursuant to subsection (a)(1)(B)(ii) is final 
and may not be reviewed by any department, agency, or 
court.
‘‘(c) REGULATIONS.—The Secretary shall prescribe 
regulations to carry out this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is further amended by 
adding at the end the following new item: 
‘‘721. Recoupment of relocation expenses paid to or on behalf of employees of 
Department.’’. 
(c) EFFECTIVE DATE.—Section 721 of title 38, 
United States Code, as added by subsection (a), shall 
apply with respect to an amount paid by the Secretary 
of Veterans Affairs to or on behalf of an employee of the 
Department of Veterans Affairs for relocation expenses on 
or after the date of the enactment of this Act. 
(d) CONSTRUCTION.—Nothing in this section or the 
amendments made by this section may be construed to 
modify the certification issued by the Office of Personnel 
Management and the Office of Management and Budget 
regarding the performance appraisal system of the Senior 
Executive Service of the Department of Veterans Affairs. 
SEC. 7. SENIOR EXECUTIVES: PERSONNEL ACTIONS BASED 
ON PERFORMANCE OR MISCONDUCT. 
(a) EXPANSION
OF
COVERED
PERSONNEL
AC-
TIONS.—Section 713 is amended in subsection (a)(1) by 
inserting after ‘‘such removal.’’ the following: ‘‘If the Sec-
retary determines that the performance or misconduct of 
such an individual does not merit removal from the senior
executive service position, the Secretary may suspend, rep-
rimand, or admonish the individual.’’. 
(b) REMOVAL OF APPEAL TO MERIT SYSTEMS PRO-
TECTION BOARD.—Section 713 is further amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘so re-
moves’’ and inserting ‘‘removes’’; and 
(B) by adding at the end the following: 
‘‘(3) On the date that is 5 days before taking any 
personnel action against a senior executive under para-
graph (1), the Secretary shall provide the individual 
with— 
‘‘(A) notice in writing of the proposed personnel 
action, including the reasons for such action; and 
‘‘(B) an opportunity to respond to the proposed 
personnel action within the 5-day period.’’; 
(2) in subsection (b)(2)— 
(A) by striking ‘‘under this section’’ and 
inserting ‘‘under section 723’’; and 
(B) by striking the second sentence; 
(3) in subsection (c)— 
(A) by striking ‘‘30’’ and inserting ‘‘5’’; 
and 
(B) by striking ‘‘and the reason for such 
removal or transfer’’ and inserting ‘‘, the rea-
son for such removal or transfer, the name and 
position of the employee, and all charging docu-
ments and evidence pertaining to such removal 
or transfer’’; 
(4) by striking subsections (d) and (e) and in-
serting the following: 
‘‘(d) PROCEDURE.—(1) The procedures under title 5 
shall not apply to any personnel action under this section. 
‘‘(2) A personnel action under this section— 
‘‘(A) consistent with paragraph (3), may be ap-
pealed to the Senior Executive Disciplinary Appeals 
Board under section 723; and 
‘‘(B) may not be appealed to the Merit Systems 
Protection Board under section 7701 of title 5. 
‘‘(3) An appeal of a personnel action pursuant to 
paragraph (2)(A) must be filed with the Senior Executive 
Disciplinary Appeals Board not later than the date that 
is 7 days after the date of such action. If such appeal 
is not made within the 7-day period, the personnel action 
shall be final and not subject to further appeal.’’; 
(5) by redesignating subsections (f) and (g) as 
subsections (e) and (f), respectively; and 
(6) in subsection (f), as redesignated by para-
graph (5), by adding at the end the following:
‘‘(4) The term ‘suspend’ means the placing of 
an individual in a temporary status without duties 
and pay for a period greater than 14 days.’’. 
(c) REMOVAL OF EXPEDITED PROCEDURES.—Sec-
tion 707 of the Veterans Access, Choice, and Account-
ability Act of 2014 (38 U.S.C. 713 note) is amended by— 
(1) striking subsection (b); and 
(2) redesignating subsections (c) and (d) as 
subsections (b) and (c), respectively. 
(d) SENIOR EXECUTIVE DISCIPLINARY APPEALS 
BOARD.—Chapter 7 is further amended by inserting after 
section 721, as added by section 6, the following new sec-
tion: 
‘‘§ 723. Senior Executive Disciplinary Appeals Board 
‘‘(a) The Secretary shall from time to time appoint 
a board to hear appeals of any personnel action taken 
under section 713. Such board shall be known as the Sen-
ior Executive Disciplinary Appeals Board (hereinafter re-
ferred to as the ‘Board’). Each Board shall consist of 
three employees of the Department. The Board shall have 
exclusive jurisdiction to review any personnel action under 
section 713. 
‘‘(b) Upon an appeal of such a personnel action, the 
Senior Executive Disciplinary Appeals Board shall—
‘‘(1) review all evidence provided by the Sec-
retary and the appellant; and 
‘‘(2) issue a decision not later than 21 days 
after the date of the appeal. 
‘‘(c) The Board shall afford an employee appealing 
a personnel action an opportunity for an oral hearing. If 
such a hearing is held, the appellant may be represented 
by counsel. 
‘‘(d) The Board shall uphold the decision of the Sec-
retary if— 
‘‘(1) there is substantial evidence supporting 
the decision; and 
‘‘(2) the applicable personnel action is within 
the tolerable bounds of reasonableness. 
‘‘(e) If the Board issues a decision under this section 
that reverses or otherwise mitigates the applicable per-
sonnel action, the Secretary may reverse the decision of 
the Board. Consistent with the requirements of subsection 
(g), the decision of the Secretary under this subsection 
shall be final. 
‘‘(f) In any case in which the Board cannot issue a 
decision in accordance with the 21-day requirement under 
subsection (b)(2), the personnel action is final. 
‘‘(g) A petition to review a final order or final deci-
sion of the Secretary or the Board under this section shall
be filed in the United States Court of Appeals for the Fed-
eral Circuit. Any decision by such Court shall be in compli-
ance with section 7462(f)(2) of this title. 
‘‘(h) During the period beginning on the date on 
which an individual appeals a removal from the civil serv-
ice under section 713(d) and ending on the date that the 
Board or Secretary issues a final decision on such appeal, 
such individual may not receive any pay, awards, bonuses, 
incentives, allowances, differentials, student loan repay-
ments, special payments, or benefits.’’. 
(e) TECHNICAL AND CLERICAL AMENDMENTS.— 
(1) TECHNICAL
AMENDMENT.—The section 
heading of section 713 is amended to read as fol-
lows: Senior executives: personnel actions 
based on performance or misconduct. 
(2) CLERICAL
AMENDMENTS.—The table of 
contents for such chapter is further amended— 
(A) by striking the item relating to section 
713 and inserting the following: 
‘‘713. Senior executives: personnel actions based on performance or mis-
conduct.’’; 
and 
(B) by adding at the end the following: 
‘‘723. Senior Executive Disciplinary Appeals Board.’’. 
(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion or section 731 of title 38, United States Code, (as
added by subsection (c)) shall be construed to apply to 
an appeal of a removal, transfer, or other personnel action 
that was pending before the date of the enactment of this 
Act. 
SEC. 8. OFFICE OF ACCOUNTABILITY AND WHISTLE-
BLOWER PROTECTION. 
(a) IN GENERAL.—Chapter 3 of title 38, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 323. Office of Accountability and Whistleblower 
Protection 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department an office to be known as the Office of Ac-
countability and Whistleblower Protection (in this section 
referred to as the ‘Office’). 
‘‘(b) HEAD OF OFFICE.—(1) The head of the Office 
shall be responsible for the functions of the Office and 
shall be appointed by the President pursuant to section 
308(a) of this title. 
‘‘(2) The head of the Office shall be known as the 
‘Assistant Secretary for Accountability and Whistleblower 
Protection’. 
‘‘(3) The Assistant Secretary shall report directly to 
the Secretary on all matters relating to the Office.
‘‘(4) Notwithstanding section 308(b) of this title, the 
Secretary may only assign to the Assistant Secretary re-
sponsibilities relating to the functions of the Office set 
forth in subsection (c). 
‘‘(c) FUNCTIONS.—(1) The functions of the Office 
are as follows: 
‘‘(A) Advising the Secretary on all matters of 
the Department relating to accountability, including 
accountability of employees of the Department, re-
taliation against whistleblowers, and such matters as 
the Secretary considers similar and affect public 
trust in the Department. 
‘‘(B) 
Issuing 
reports 
and 
providing 
rec-
ommendations related to the duties described in sub-
paragraph (A). 
‘‘(C) Receiving whistleblower complaints. 
‘‘(D) Referring whistleblower complaints re-
ceived under subparagraph (C) for investigation to 
the Office of the Medical Inspector, the Office of In-
spector General, or other investigative entity, as ap-
propriate, if the Assistant Secretary has reason to 
believe the whistleblower complaint is evidence of a 
violation of a provision of law, mismanagement, 
gross waste of funds, abuse of authority, or a sub-
stantial and specific danger to public health and 
safety. 
‘‘(E) Receiving and referring complaints from 
the Special Counsel for investigation to the Medical 
Inspector of the Department, the Inspector General 
of the Department, or such other person with inves-
tigatory authority, as the Assistant Secretary con-
siders appropriate. 
‘‘(F) Recording, tracking, reviewing, and con-
firming implementation of recommendations from 
audits and investigations carried out by the Inspec-
tor General of the Department, the Medical Inspec-
tor of the Department, the Special Counsel, and the 
Comptroller General of the United States, including 
the imposition of disciplinary actions and other cor-
rective actions contained in such recommendations. 
‘‘(G) Analyzing data from the Office and the 
Office of Inspector General telephone hotlines, other 
whistleblower complaints, disaggregated by facility 
and area of health care if appropriate, and relevant 
audits and investigations to identify trends and issue 
reports to the Secretary based on analysis conducted 
under this subparagraph.
‘‘(H) Receiving, reviewing, and investigating al-
legations of misconduct, retaliation, or poor perform-
ance involving— 
‘‘(i) an individual in a senior executive po-
sition (as defined in section 713(d) of this title) 
in the Department; 
‘‘(ii) an individual employed in a confiden-
tial, policy-making, policy-determining, or pol-
icy-advocating position in the Department; or 
‘‘(iii) a supervisory employee. 
‘‘(I) Making such recommendations to the Sec-
retary for disciplinary action as the Assistant Sec-
retary considers appropriate after substantiating any 
allegation of misconduct or poor performance pursu-
ant to an investigation carried out as described in 
subparagraph (F) or (H). 
‘‘(2) In carrying out the functions of the Office, the 
Assistant Secretary shall ensure that the Office maintains 
a toll-free telephone number and Internet website to re-
ceive anonymous whistleblower complaints. 
‘‘(3) In any case in which the Assistant Secretary re-
ceives a whistleblower complaint from an employee of the 
Department under paragraph (1)(C), the Assistant Sec-
retary may not disclose the identity of the employee with-
out the consent of the employee, except in accordance with
‘‘(iii) Identification of such concerns as the As-
sistant Secretary may have regarding the size, staff-
ing, and resources of the Office and such rec-
ommendations as the Assistant Secretary may have 
for legislative or administrative action to address 
such concerns. 
‘‘(iv) Such recommendations as the Assistant 
Secretary may have for legislative or administrative 
action to improve— 
‘‘(I) the process by which concerns are re-
ported to the Office; and 
‘‘(II) the protection of whistleblowers with-
in the Department. 
‘‘(v) Such other matters as the Assistant Sec-
retary considers appropriate regarding the functions 
of the Office or other matters relating to the Office. 
‘‘(2) If the Secretary receives a recommendation for 
disciplinary action under subsection (c)(1)(I) and does not 
take or initiate the recommended disciplinary action before 
the date that is 60 days after the date on which the Sec-
retary received the recommendation, the Secretary shall 
submit to the Committee on Veterans’ Affairs of the Sen-
ate and the Committee on Veterans’ Affairs of the House 
of Representatives a detailed justification for not taking 
or initiating such disciplinary action.
SEC. 9. TREATMENT OF WHISTLEBLOWER COMPLAINTS IN 
DEPARTMENT OF VETERANS AFFAIRS. 
(a) IN GENERAL.—Chapter 7 is further amended by 
adding at the end the following new subchapter: 
‘‘SUBCHAPTER II—WHISTLEBLOWER 
COMPLAINTS 
‘‘§ 741. Whistleblower complaint defined 
‘‘In this subchapter, the term ‘whistleblower com-
plaint’ means a complaint by an employee of the Depart-
ment disclosing, or assisting another employee to disclose, 
a potential violation of any law, rule, or regulation, or 
gross mismanagement, gross waste of funds, abuse of au-
thority, or substantial and specific danger to public health 
and safety. 
‘‘§ 742. Treatment of whistleblower complaints 
‘‘(a) FILING.—(1) In addition to any other method 
established by law in which an employee may file a whistle-
blower complaint, an employee of the Department may file 
a whistleblower complaint in accordance with subsection 
(g) with a supervisor of the employee. 
‘‘(2) Except as provided by subsection (d)(1), in mak-
ing a whistleblower complaint under paragraph (1), an 
employee shall file the initial complaint with the imme-
diate supervisor of the employee. 
‘‘(b) NOTIFICATION.—(1) Not later than 4 business 
days after the date on which a supervisor receives a whis-
tleblower complaint by an employee under this section, the 
supervisor shall notify, in writing, the employee of whether 
the supervisor determines that there is a reasonable likeli-
hood that the complaint discloses a violation of any law, 
rule, or regulation, or gross mismanagement, gross waste 
of funds, abuse of authority, or substantial and specific 
danger to public health and safety. The supervisor shall 
retain written documentation regarding the whistleblower 
complaint and shall submit to the next-level supervisor a 
written report on the complaint. 
‘‘(2) On a monthly basis, the supervisor shall submit 
to the appropriate director or other official who is superior 
to the supervisor a written report that includes the num-
ber of whistleblower complaints received by the supervisor 
under this section during the month covered by the report, 
the disposition of such complaints, and any actions taken 
because of such complaints pursuant to subsection (c). In 
the case in which such a director or official carries out 
this paragraph, the director or official shall submit such 
monthly report to— 
‘‘(A) the supervisor of the director or official; 
‘‘(B) the Committees on Veterans’ Affairs of 
the Senate and House or Representatives; and
‘‘(C) each Member of Congress representing a 
district in the State or territory where the facility 
where the supervisor is employed is located. 
‘‘(c) POSITIVE DETERMINATION.—If a supervisor 
makes a positive determination under subsection (b)(1) re-
garding a whistleblower complaint of an employee, the su-
pervisor shall include in the notification to the employee 
under such subsection the specific actions that the super-
visor will take to address the complaint. 
‘‘(d) FILING COMPLAINT WITH NEXT-LEVEL SUPER-
VISORS.—(1) If any circumstance described in paragraph 
(3) is met, an employee may file a whistleblower complaint 
in accordance with subsection (g) with the next-level su-
pervisor who shall treat such complaint in accordance with 
this section. 
‘‘(2) An employee may file a whistleblower complaint 
with the Secretary if the employee has filed the whistle-
blower complaint to each level of supervisors between the 
employee and the Secretary in accordance with paragraph 
(1). 
‘‘(3) A circumstance described in this paragraph are 
any of the following circumstances: 
‘‘(A) A supervisor does not make a timely de-
termination under subsection (b)(1) regarding a 
whistleblower complaint.
‘‘(B) The employee who made a whistleblower 
complaint determines that the supervisor did not 
adequately address the complaint pursuant to sub-
section (c). 
‘‘(C) The immediate supervisor of the employee 
is the basis of the whistleblower complaint. 
‘‘(e) TRANSFER OF EMPLOYEE WHO FILES WHIS-
TLEBLOWER COMPLAINT.—If a supervisor makes a posi-
tive determination under subsection (b)(1) regarding a 
whistleblower complaint filed by an employee, the Sec-
retary shall— 
‘‘(1) inform the employee of the ability to vol-
unteer for a transfer in accordance with section 
3352 of title 5; and 
‘‘(2) give preference to the employee for such a 
transfer in accordance with such section. 
‘‘(f) PROHIBITION ON EXEMPTION.—The Secretary 
may not exempt any employee of the Department from 
being covered by this section. 
‘‘(g) WHISTLEBLOWER COMPLAINT FORM.—(1) A 
whistleblower complaint filed by an employee under sub-
section (a) or (d) shall consist of the form described in 
paragraph (2) and any supporting materials or docu-
mentation the employee determines necessary.
‘‘(2) The form described in this paragraph is a form 
developed by the Secretary, in consultation with the Spe-
cial Counsel, that includes the following: 
‘‘(A) An explanation of the purpose of the whis-
tleblower complaint form. 
‘‘(B) Instructions for filing a whistleblower 
complaint as described in this section. 
‘‘(C) An explanation that filing a whistleblower 
complaint under this section does not preclude the 
employee from any other method established by law 
in which an employee may file a whistleblower com-
plaint. 
‘‘(D) A statement directing the employee to in-
formation accessible on the Internet website of the 
Department as described in section 745(c). 
‘‘(E) Fields for the employee to provide— 
‘‘(i) the date that the form is submitted; 
‘‘(ii) the name of the employee; 
‘‘(iii) the contact information of the em-
ployee; 
‘‘(iv) a summary of the whistleblower com-
plaint (including the option to append sup-
porting documents pursuant to paragraph (1)); 
and 
‘‘(v) proposed solutions to complaint.
‘‘(F) Any other information or fields that the 
Secretary determines appropriate. 
‘‘(3) The Secretary, in consultation with the Special 
Counsel, shall develop the form described in paragraph (2) 
by not later than 60 days after the date of the enactment 
of this section. 
‘‘§ 743. Adverse actions against supervisory employ-
ees who commit prohibited personnel ac-
tions 
relating 
to 
whistleblower 
com-
plaints 
‘‘(a) IN GENERAL.—(1) In accordance with para-
graph (2), the Secretary shall carry out the following ad-
verse actions against supervisory employees whom the Sec-
retary, an administrative judge, the Merit Systems Protec-
tion Board, the Office of Special Counsel, an adjudicating 
body provided under a union contract, a Federal judge, 
or the Inspector General of the Department determines 
committed a prohibited personnel action described in sub-
section (c): 
‘‘(A) With respect to the first offense, an ad-
verse action that is not less than a 14-day suspen-
sion and not more than removal. 
‘‘(B) With respect to the second offense, re-
moval.
‘‘(2)(A) Except as provided by subparagraph (B), 
with respect to a supervisory employee subject to an ad-
verse action under this section who is— 
‘‘(i) an individual as that term is defined in sec-
tion 715(i)(1) of this title, the procedures under sub-
sections (d) and (e) of section 715 of this title shall 
apply; and 
‘‘(ii) an individual as that term is defined in 
section 713(g)(1) of this title, the procedures under 
section 713(d) of this title shall apply. 
‘‘(B) An employee who is notified of being the subject 
of a proposed adverse action under paragraph (1) may not 
be given more than 10 days following such notification to 
provide evidence to dispute such proposed adverse action. 
If the employee does not provide any such evidence, or 
if the Secretary determines that such evidence is not suffi-
cient to reverse the determination to propose the adverse 
action, the Secretary shall carry out the adverse action 
following such 10-day period. 
‘‘(b) LIMITATION ON OTHER ADVERSE ACTIONS.— 
With respect to a prohibited personnel action described in 
subsection (c), if the Secretary carries out an adverse ac-
tion against a supervisory employee, the Secretary may 
carry out an additional adverse action under this section 
based on the same prohibited personnel action if the total
severity of the adverse actions do not exceed the level spec-
ified in subsection (a). 
‘‘(c) 
PROHIBITED
PERSONNEL
ACTION
DE-
SCRIBED.—A prohibited personnel action described in this 
subsection is any of the following actions: 
‘‘(1) Taking or failing to take a personnel ac-
tion in violation of section 2302 of title 5 against an 
employee relating to the employee— 
‘‘(A) filing a whistleblower complaint in ac-
cordance with section 742 of this title; 
‘‘(B) filing a whistleblower complaint with 
the Inspector General of the Department, the 
Special Counsel, or Congress; 
‘‘(C) providing information or participating 
as a witness in an investigation of a whistle-
blower complaint in accordance with section 
742 or with the Inspector General of the De-
partment, the Special Counsel, or Congress; 
‘‘(D) participating in an audit or investiga-
tion by the Comptroller General of the United 
States; 
‘‘(E) refusing to perform an action that is 
unlawful or prohibited by the Department; or
‘‘(F) engaging in communications that are 
related to the duties of the position or are oth-
erwise protected. 
‘‘(2) Preventing or restricting an employee from 
making an action described in any of subparagraphs 
(A) through (F) of paragraph (1). 
‘‘(3) Conducting a peer review or opening a re-
taliatory investigation relating to an activity of an 
employee that is protected by section 2302 of title 
5. 
‘‘(4) Requesting a contractor to carry out an 
action that is prohibited by section 4705(b) or sec-
tion 4712(a)(1) of title 41, as the case may be. 
‘‘§ 744. Evaluation criteria of supervisors and treat-
ment of bonuses 
‘‘(a) EVALUATION CRITERIA.—(1) In evaluating the 
performance of supervisors of the Department, the Sec-
retary shall include the criteria described in paragraph 
(2). 
‘‘(2) The criteria described in this subsection are the 
following: 
‘‘(A) Whether the supervisor treats whistle-
blower complaints in accordance with section 742. 
‘‘(B) Whether the appropriate deciding official, 
performance review board, or performance review
committee determines that the supervisor was found 
to have committed a prohibited personnel action de-
scribed in section 743(b) by an administrative judge, 
the Merit Systems Protection Board, the Office of 
Special Counsel, an adjudicating body provided 
under a union contract, a Federal judge, or, in the 
case of a settlement of a whistleblower complaint 
(regardless of whether any fault was assigned under 
such settlement), the Secretary. 
‘‘(b) BONUSES.—(1) The Secretary may not pay to 
a supervisor described in subsection (a)(2)(B) an award 
or bonus under this title or title 5, including under chapter 
45 or 53 of such title, during the 1-year period beginning 
on the date on which the determination was made under 
such subsection. 
‘‘(2) Notwithstanding any other provision of law, the 
Secretary shall issue an order directing a supervisor de-
scribed in subsection (a)(2)(B) to repay the amount of any 
award or bonus paid under this title or title 5, including 
under chapter 45 or 53 of such title, if— 
‘‘(A) such award or bonus was paid for per-
formance during a period in which the supervisor 
committed a prohibited personnel action as deter-
mined pursuant to such subsection (a)(2)(B);
‘‘(B) the Secretary determines such repayment 
appropriate pursuant to regulations prescribed by 
the Secretary to carry out this section; and 
‘‘(C) before such order is made, the supervisor 
is afforded— 
‘‘(i) notice of the order and an opportunity 
to respond to the order; and 
‘‘(ii) an opportunity to appeal the order to 
another department or agency of the Federal 
Government, except that— 
‘‘(I) any such department or agency 
shall issue a final decision with respect to 
such appeal not later than the date that is 
30 days after the date the department or 
agency received such appeal; and 
‘‘(II) if such a final decision is not 
made by the applicable department or 
agency within 30 days after receiving such 
appeal, the order of the Secretary shall be 
final and not subject to further appeal. 
‘‘§ 745. Training regarding whistleblower complaints 
‘‘(a) TRAINING.—The Secretary, in coordination with 
the Whistleblower Protection Ombudsman designated 
under section 3(d)(1)(C) of the Inspector General Act of 
1978 (5 U.S.C. App.), shall annually provide to each em-
ployee of the Department training regarding whistleblower 
complaints, including— 
‘‘(1) an explanation of each method established 
by law in which an employee may file a whistle-
blower complaint; 
‘‘(2) an explanation of prohibited personnel ac-
tions described by section 743(c) of this title; 
‘‘(3) with respect to supervisors, how to treat 
whistleblower complaints in accordance with section 
742 of this title; 
‘‘(4) the right of the employee to petition Con-
gress regarding a whistleblower complaint in accord-
ance with section 7211 of title 5; 
‘‘(5) an explanation that the employee may not 
be prosecuted or reprised against for disclosing in-
formation to Congress in instances where such dis-
closure is permitted by law, including under sections 
5701, 5705, and 7332 of this title, under section 
552a of title 5 (commonly referred to as the Privacy 
Act), under chapter 93 of title 18, and pursuant to 
regulations promulgated under section 264(c) of the 
Health Insurance Portability and Accountability Act 
of 1996 (Public Law 104–191); 
‘‘(6) an explanation of the language that is re-
quired to be included in all nondisclosure policies,
forms, 
and 
agreements 
pursuant 
to 
section 
115(a)(1) of the Whistleblower Protection Enhance-
ment Act of 2012 (5 U.S.C. 2302 note); and 
‘‘(7) the right of contractors to be protected 
from reprisal for the disclosure of certain informa-
tion under section 4705 or 4712 of title 41. 
‘‘(b) CERTIFICATION.—The Secretary shall annually 
provide training on merit system protection in a manner 
that the Special Counsel certifies as being satisfactory. 
‘‘(c) PUBLICATION.—(1) The Secretary shall publish 
on the Internet website of the Department, and display 
prominently at each facility of the Department, the rights 
of an employee to file a whistleblower complaint, including 
the information described in paragraphs (1) through (7) 
of subsection (a). 
‘‘(2) The Secretary shall publish on the Internet 
website of the Department, the whistleblower complaint 
form described in section 742(g)(2). 
‘‘§ 746. Notice to Congress 
‘‘Not later than 30 days after the date on which the 
Secretary receives from the Special Counsel information 
relating to a whistleblower complaint pursuant to section 
1213 of title 5, the Secretary shall notify the Committees 
on Veterans’ Affairs of the House of Representatives and 
the Senate, the Committee on Oversight and Government
Reform of the House of Representatives, and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate and each Member of Congress representing 
a district in the State or territory where a facility relevant 
to the whistleblower complaint is located of such informa-
tion, including the determination made by the Special 
Counsel.’’. 
(b) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) CONFORMING AMENDMENT.—Such chapter 
is further amended by inserting before section 701 
the following: 
‘‘SUBCHAPTER I—GENERAL EMPLOYEE 
MATTERS’’. 
(2) CLERICAL AMENDMENTS.—The table of sec-
tions at the beginning of such chapter is amended— 
(A) by inserting before the item relating to 
section 701 the following new item: 
‘‘SUBCHAPTER I—GENERAL EMPLOYEE MATTERS’’; 
and 
(B) by adding at the end the following new 
items: 
‘‘SUBCHAPTER II—WHISTLEBLOWER COMPLAINTS 
‘‘741. Whistleblower complaint defined. 
‘‘742. Treatment of whistleblower complaints. 
‘‘743. Adverse actions against supervisory employees who commit prohibited 
personnel actions relating to whistleblower complaints. 
‘‘744. Evaluation criteria of supervisors and treatment of bonuses. 
‘‘745. Training regarding whistleblower complaints. 
‘‘746. Notice to Congress.’’.
SEC. 10. APPEALS REFORM. 
(a) DEFINITIONS.—Section 101 of title 38, United 
States Code, is amended by adding at the end the fol-
lowing new paragraphs: 
‘‘(34) The term ‘Agency of Original Jurisdic-
tion’ means the activity which entered the original 
determination with regard to a claim for benefits 
under this title. 
‘‘(35) The term ‘relevant evidence’ means evi-
dence that tends to prove or disprove a matter in 
issue.’’. 
(b) NOTICE TO CLAIMANTS OF REQUIRED INFORMA-
TION AND EVIDENCE.—Section 5103 of title 38, United 
States Code, is amended— 
(1) in subsection (a)(2)(B)(i) by striking ‘‘, a 
claim for reopening a prior decision on a claim, or 
a claim for an increase in benefits;’’ and inserting 
‘‘or a supplemental claim;’’; and 
(2) in subsection (b) by adding at the end the 
following new paragraph: 
‘‘(6) Nothing in this section shall require notice 
to be sent for a supplemental claim that is filed 
within the timeframe set forth in subsections 
(a)(2)(B) and (a)(2)(D) of section 5110 of this 
title.’’.
(c) 
RULE
WITH
RESPECT
TO
DISALLOWED 
CLAIMS.—Section 5103A(f) of title 38, United States 
Code, is amended to read as follows: 
‘‘(f) RULE
WITH
RESPECT
TO
DISALLOWED 
CLAIMS.—Nothing in this section shall be construed to re-
quire the Secretary to readjudicate a claim that has been 
disallowed except when new and relevant evidence is pre-
sented or secured, as described in section 5108 of this 
title.’’. 
(d) OTHER MATTERS.—Chapter 51 of title 38, 
United States Code, is amended by inserting after section 
5103A the following new sections: 
‘‘§ 5103B. Applicability of duty to assist 
‘‘(a) TIME FRAME.—The Secretary’s duty to assist 
under section 5103A of this title shall apply only to a 
claim, or supplemental claim, for a benefit under a law 
administered by the Secretary until the time that a claim-
ant is provided notice of the decision of the agency of 
original jurisdiction decision with respect to such claim, 
or supplemental claim, under section 5104 of this title. 
‘‘(b) NON-APPLICABILITY TO CERTAIN REVIEWS AND 
APPEALS.—The Secretary’s duty to assist under section 
5103A of this title shall not apply to higher-level review 
by the agency of original jurisdiction, pursuant to section
5104B of this title, or to review on appeal by the Board 
of Veterans’ Appeals. 
‘‘(c) CORRECTION OF DUTY TO ASSIST ERRORS.— 
(1) If, during review of the decision of the agency of origi-
nal jurisdiction under section 5104B of this title, the high-
er-level reviewer identifies an error on the part of the 
agency of original jurisdiction to satisfy its duties under 
section 5103A of this title, and that error occurred prior 
to the decision of the agency of original jurisdiction being 
reviewed, the higher-level reviewer shall return the claim 
for correction of such error and readjudication unless the 
claim can be granted in full. 
‘‘(2) If the Board, during review on appeal of a deci-
sion of the agency of original jurisdiction decision, identi-
fies an error on the part of the agency of original jurisdic-
tion to satisfy its duties under section 5103A of this title, 
and that error occurred prior to the decision of the agency 
of original jurisdiction on appeal, the Board shall remand 
the claim to the agency of original jurisdiction for correc-
tion of such error and readjudication unless the claim can 
be granted in full. Remand for correction of such error 
may include directing the agency of original jurisdiction 
to obtain an advisory medical opinion under section 5109 
of this title.
‘‘§ 5104A. Binding nature of favorable findings 
‘‘Any finding favorable to the claimant as described 
in section 5104(b)(4) of this title shall be binding on all 
subsequent adjudicators within the department, unless 
clear and convincing evidence is shown to the contrary to 
rebut such favorable finding. 
‘‘§ 5104B. Higher-level review by the agency of origi-
nal jurisdiction 
‘‘(a) IN GENERAL.—The claimant may request a re-
view of the decision of the agency of original jurisdiction 
by a higher-level adjudicator within the jurisdiction of the 
agency of original jurisdiction. 
‘‘(b) TIME AND MANNER OF REQUEST.—A request 
for higher-level review by the agency of original jurisdic-
tion must be in writing in the form prescribed by the Sec-
retary and made within 1 year of the notice of the decision 
of the agency of original jurisdiction. Such request may 
specifically indicate whether such review is requested by 
a higher-level adjudicator at the same office within the 
agency of original jurisdiction or by an adjudicator at a 
different office of the agency of original jurisdiction. 
‘‘(c) DECISION.—Notice of a higher-level review deci-
sion under this section shall be provided in writing. 
‘‘(d) EVIDENTIARY RECORD FOR REVIEW.—The evi-
dentiary record before the higher-level reviewer shall be
limited to the evidence of record in the decision of the 
agency of original jurisdiction being reviewed. 
‘‘(e) DE NOVO REVIEW.—Higher-level review under 
this section shall be de novo.’’. 
(e) NOTICE OF DECISIONS.—Section 5104(b) of title 
38, United States Code, is amended to read as follows: 
‘‘(b) In any case where the Secretary denies a benefit 
sought, the notice required by subsection (a) shall also in-
clude— 
‘‘(1) identification of the issues adjudicated; 
‘‘(2) a summary of the evidence considered by 
the Secretary; 
‘‘(3) a summary of the applicable laws and reg-
ulations; 
‘‘(4) identification of findings favorable to the 
claimant; 
‘‘(5) identification of elements not satisfied 
leading to the denial; 
‘‘(6) an explanation of how to obtain or access 
evidence used in making the decision; and 
‘‘(7) if applicable, identification of the criteria 
that must be satisfied to grant service connection or 
the next higher level of compensation.’’. 
(f) SUPPLEMENTAL CLAIMS.—Section 5108 of title 
38, United States Code, is amended to read as follows:
‘‘§ 5108. Supplemental claims 
‘‘If new and relevant evidence is presented or secured 
with respect to a supplemental claim, the Secretary shall 
readjudicate the claim taking into consideration any evi-
dence added to the record prior to the former disposition 
of the claim.’’. 
(g) REMANDS
FOR MEDICAL OPINIONS.—Section 
5109 of title 38, United States Code, is amended by add-
ing at the end the following new subsection: 
‘‘(d) The Board of Veterans’ Appeals may remand 
a claim to direct the agency of original jurisdiction to ob-
tain an advisory medical opinion under this section to cor-
rect an error on the part of the agency of original jurisdic-
tion to satisfy its duties under section 5103A of this title 
when such error occurred prior to the decision of the agen-
cy of original jurisdiction on appeal. The Board’s remand 
instructions shall include the questions to be posed to the 
independent medical expert providing the advisory medical 
opinion.’’. 
(h) EFFECTIVE DATES OF AWARDS.—Section 5110 
of title 38, United States Code, is amended— 
(1) by striking subsection (a) and inserting the 
following new subsection (a): 
‘‘(a)(1) Unless specifically provided otherwise in this 
chapter, the effective date of an award based on an initial 
claim, or a supplemental claim, of compensation, depend-
ency and indemnity compensation, or pension, shall be 
fixed in accordance with the facts found, but shall not be 
earlier than the date of receipt of application therefor. 
‘‘(2) For purposes of applying the effective date rules 
in this section, the date of application shall be considered 
the date of the filing of the initial application for a benefit 
provided that the claim is continuously pursued by filing 
any of the following either alone or in succession: 
‘‘(A) A request for higher-level review under 
section 5104B of this title within 1 year of an agen-
cy of original jurisdiction decision. 
‘‘(B) A supplemental claim under section 5108 
of this title within 1 year of an agency of original 
jurisdiction decision. 
‘‘(C) A notice of disagreement within 1 year of 
an agency of original jurisdiction decision. 
‘‘(D) A supplemental claim under section 5108 
of this title within 1 year of a decision of the Board 
of Veterans’ Appeals. 
‘‘(3) Except as otherwise provided in this section, for 
supplemental claims received more than 1 year after an 
agency of original jurisdiction decision or a decision by 
the Board of Veterans’ Appeals, the effective date shall 
be fixed in accordance with the facts found, but shall not
be earlier than the date of receipt of the supplemental 
claim.’’; and 
(2) in subsection (i) by— 
(A) striking ‘‘reopened’’ and inserting ‘‘re-
adjudicated’’; 
(B) striking ‘‘material’’ and inserting ‘‘rel-
evant’’; and 
(C) striking ‘‘reopening’’ and inserting ‘‘re-
adjudication’’. 
(i) DEFINITION
OF AWARD
OR INCREASED RE-
WARD.—Section 5111(d)(1) of title 38, United States 
Code, is amended by striking ‘‘or reopened award;’’ and 
inserting ‘‘award or award based on a supplemental 
claim;’’. 
(j) RECOGNITION OF AGENTS AND ATTORNEYS GEN-
ERALLY.—Section 5904 of title 38, United States Code, 
is amended— 
(1) in subsection (c)(1) by striking ‘‘notice of 
disagreement is filed’’ and inserting ‘‘claimant is 
provided notice of the initial decision of the agency 
of original jurisdiction under section 5104 of this 
title’’; and 
(2) in subsection (c)(2) by striking ‘‘notice of 
disagreement is filed’’ and inserting ‘‘claimant is 
provided notice of the initial decision of the agency
of original jurisdiction under section 5104 of this 
title’’. 
(k) CORRECTION
OF OBVIOUS ERRORS.—Section 
7103 of title 38, United States Code, is amended— 
(1) in subsection (b)(1)(A) by striking ‘‘heard’’ 
and inserting ‘‘decided’’; and 
(2) in subsection (b)(1)(B) by striking ‘‘heard’’ 
and inserting ‘‘decided’’. 
(l) JURISDICTION OF BOARD.—Section 7104(b) of 
title 38, United States Code, is amended by striking ‘‘re-
opened’’ and inserting ‘‘readjudicated’’. 
(m) FILING OF APPEAL.—Section 7105 of title 38, 
United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking the first sentence and in-
serting ‘‘Appellate review will be initiated by 
the filing of a notice of disagreement in the 
form prescribed by the Secretary.’’; and 
(B) by striking ‘‘hearing and’’; 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b)(1) Except in the case of simultaneously con-
tested claims, notice of disagreement shall be filed within 
1 year from the date of the mailing of notice of the deci-
sion of the agency of original jurisdiction under section
5104, 5104B, or 5108 of this title. A notice of disagree-
ment postmarked before the expiration of the 1-year pe-
riod will be accepted as timely filed. A question as to time-
liness or adequacy of the notice of disagreement shall be 
decided by the Board. 
‘‘(2) Notices of disagreement must be in writing, 
must set out specific allegations of error of fact or law, 
and may be filed by the claimant, the claimant’s legal 
guardian, or such accredited representative, attorney, or 
authorized agent as may be selected by the claimant or 
legal guardian. Not more than one recognized organiza-
tion, attorney, or agent will be recognized at any one time 
in the prosecution of a claim. Notices of disagreement 
must be filed with the Board. 
‘‘(3) The notice of disagreement shall indicate wheth-
er the claimant requests a hearing before the Board, re-
quests an opportunity to submit additional evidence with-
out a Board hearing, or requests review by the Board 
without a hearing or submission of additional evidence. If 
the claimant does not expressly request a Board hearing 
in the notice of disagreement, no Board hearing will be 
held.’’; 
(3) by amending subsection (c) to read as fol-
lows:
‘‘(c) If no notice of disagreement is filed in accord-
ance with this chapter within the prescribed period, the 
action or decision of the agency of original jurisdiction 
shall become final and the claim will not thereafter be re-
adjudicated or allowed, except as may otherwise be pro-
vided by section 5104B or 5108 of this title or regulations 
not inconsistent with this title.’’; 
(4) by striking subsections (d)(1) through 
(d)(5); 
(5) by adding a new subsection (d) to read as 
follows: 
‘‘(d) The Board of Veterans’ Appeals may dismiss 
any appeal which fails to allege specific error of fact or 
law in the decision being appealed.’’; and 
(6) by striking subsection (e). 
(n) SIMULTANEOUSLY CONTESTED CLAIMS.—Sub-
section (b) of section 7105A of title 38, United States 
Code, is amended to read as follows: 
‘‘(b) The substance of the notice of disagreement 
shall be communicated to the other party or parties in in-
terest and a period of 30 days shall be allowed for filing 
a brief or argument in response thereto. Such notice shall 
be forwarded to the last known address of record of the 
parties concerned, and such action shall constitute suffi-
cient evidence of notice.’’.
(o) ADMINISTRATIVE APPEALS.—Strike section 7106 
of title 38, United States Code. 
(p) DOCKETS AND HEARINGS.—Section 7107 of title 
38, United States Code, is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) The Board shall maintain two separate dockets. 
A non-hearing option docket shall be maintained for cases 
in which no Board hearing is requested and no additional 
evidence will be submitted. A separate and distinct hearing 
option docket shall be maintained for cases in which a 
Board hearing is requested in the notice of disagreement 
or in which no Board hearing is requested, but the appel-
lant requests, in the notice of disagreement, an oppor-
tunity to submit additional evidence. Except as provided 
in subsection (b), each case before the Board will be de-
cided in regular order according to its respective place on 
the Board’s non-hearing option docket or the hearing op-
tion docket.’’; 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) A case on either the Board’s non-hearing option 
docket or hearing option docket, may, for cause shown, 
be advanced on motion for earlier consideration and deter-
mination. Any such motion shall set forth succinctly the
grounds upon which the motion is based. Such a motion 
may be granted only— 
‘‘(1) if the case involves interpretation of law of 
general application affecting other claims; 
‘‘(2) if the appellant is seriously ill or is under 
severe financial hardship; or 
‘‘(3) for other sufficient cause shown.’’; 
(3) by amending subsection (c) to read as fol-
lows: 
‘‘(c)(1) For cases on the Board hearing option docket 
in which a hearing is requested in the notice of disagree-
ment, the Board shall notify the appellant whether a 
Board hearing will be held— 
‘‘(A) at its principal location, or 
‘‘(B) by picture and voice transmission at a fa-
cility of the Department where the Secretary has 
provided suitable facilities and equipment to conduct 
such hearings. 
‘‘(2)(A) Upon notification of a Board hearing at the 
Board’s principal location as described in subsection 
(c)(1)(A) of this section, the appellant may alternatively 
request a hearing as described in subsection (c)(1)(B) of 
this section. If so requested, the Board shall grant such 
request.
‘‘(B) Upon notification of a Board hearing by picture 
and voice transmission as described in subsection 
(c)(1)(B) of this section, the appellant may alternatively 
request a hearing as described in subsection (c)(1)(A) of 
this section. If so requested, the Board shall grant such 
request.’’; and 
(4) by striking subsections (d) and (e) and re-
designating subsection (f) as subsection (d). 
(q) INDEPENDENT MEDICAL OPINIONS.—Strike sec-
tion 7109 of title 38, United States Code. 
(r) REVISION OF DECISIONS ON GROUNDS OF CLEAR 
AND UNMISTAKABLE ERROR.—Section 7111(e) of title 
38, United States Code, is amended by striking ‘‘merits, 
without referral to any adjudicative or hearing official act-
ing on behalf of the Secretary.’’ and inserting ‘‘merits.’’. 
(s) EVIDENTIARY RECORD.—Chapter 71 of title 38, 
United States Code, is amended by adding the following 
new section: 
‘‘§ 7113. Evidentiary record before the board 
‘‘(a) NON-HEARING OPTION DOCKET.—For cases in 
which a Board hearing is not requested in the notice of 
disagreement, the evidentiary record before the Board 
shall be limited to the evidence of record at the time of 
the agency of original jurisdiction decision on appeal.
‘‘(b) HEARING OPTION DOCKET.—(1) Except as pro-
vided in paragraph (2), for cases on the hearing option 
docket in which a hearing is requested in the notice of 
disagreement, the evidentiary record before the Board 
shall be limited to the evidence of record at the time of 
the agency of original jurisdiction decision on appeal. 
‘‘(2) The evidentiary record before the Board for 
cases on the hearing option docket in which a hearing is 
requested, shall include each of the following, which the 
Board shall consider in the first instance— 
‘‘(A) evidence submitted by the appellant and 
his or her representative, if any, at the Board hear-
ing; and 
‘‘(B) evidence submitted by the appellant and 
his or her representative, if any, within 90 days fol-
lowing the Board hearing. 
‘‘(3)(A) Except as provided in subparagraph (B) of 
this paragraph, for cases on the hearing option docket in 
which a hearing is not requested in the notice of disagree-
ment, the evidentiary record before the Board shall be lim-
ited to the evidence considered by the agency of original 
jurisdiction in the decision on appeal. 
‘‘(B) The evidentiary record before the Board for 
cases on the hearing option docket in which a hearing is
not requested, shall include each of the following, which 
the Board shall consider in the first instance— 
‘‘(i) evidence submitted by the appellant and his 
or her representative, if any, with the notice of dis-
agreement; and 
‘‘(ii) evidence submitted by the appellant and 
his or her representative, if any, within 90 days fol-
lowing receipt of the notice of disagreement.’’. 
(t) CONFORMING AMENDMENT.—The heading of sec-
tion 7105 is amended by striking ‘‘notice of disagreement 
and’’. 
(u) CLERICAL AMENDMENTS.— 
(1) CHAPTER 51.—The table of sections at the 
beginning of chapter 51 of title 38, United States 
Code, is amended— 
(A) by inserting after the item relating to 
section 5103A the following new item: 
‘‘5103B. Applicability of duty to assist.’’; 
(B) by inserting after the item relating to 
section 5104 the following new items: 
‘‘5104A. Binding nature of favorable findings. 
‘‘5104B. Higher-level review by the agency of original jurisdiction.’’; 
and 
(C) by striking the item relating to section 
5108 and inserting the following new item: 
‘‘5108. Supplemental claims.’’.
(2) CHAPTER 71.—The table of sections at the 
beginning of chapter 71 of title 38, United States 
Code, is amended— 
(A) by striking the item relating to section 
7105 and inserting the following new item: 
‘‘7105. Filing of appeal.’’; 
(B) by striking the item relating to section 
7106; 
(C) by striking the item relating to section 
7109; and 
(D) by adding at the end the following new 
item: 
‘‘7113. Evidentiary record before the Board.’’. 
SEC. 11. LIMITATION ON AWARDS AND BONUSES PAID TO 
SENIOR EXECUTIVE EMPLOYEES OF DEPART-
MENT OF VETERANS AFFAIRS. 
Section 705 of the Veterans Access, Choice, and Ac-
countability Act of 2014 (Public Law 113–146; 38 U.S.C. 
703 note) is amended by striking the period at the end 
and inserting the following: ‘‘, except that during each of 
fiscal years 2017 through 2021, no award or bonus may 
be paid to any employee of the Department of Veterans 
Affairs who is a member of the Senior Executive Service.’’.
SEC. 12. CLARIFICATION OF EMERGENCY HOSPITAL CARE 
FURNISHED BY THE SECRETARY OF VET-
ERANS AFFAIRS TO CERTAIN VETERANS. 
(a) IN GENERAL.—Chapter 17 of title 38, United 
States Code, is amended by inserting after section 1730A 
the following new section: 
‘‘§ 1730B. Examination and treatment for emergency 
medical conditions and women in labor 
‘‘(a) MEDICAL SCREENING EXAMINATIONS.—In car-
rying out this chapter, if any enrolled veteran requests, 
or a request is made on behalf of the veteran, for examina-
tion or treatment for a medical condition, regardless of 
whether such condition is service-connected, at a hospital 
emergency department of a medical facility of the Depart-
ment, the Secretary shall ensure that the veteran is pro-
vided an appropriate medical screening examination within 
the capability of the emergency department, including an-
cillary services routinely available to the emergency de-
partment, to determine whether an emergency medical 
condition exists. 
‘‘(b) NECESSARY
STABILIZING
TREATMENT
FOR 
EMERGENCY MEDICAL CONDITIONS AND LABOR.—(1) If 
an enrolled veteran comes to a medical facility of the De-
partment and the Secretary determines that the veteran 
has an emergency medical condition, the Secretary shall 
provide either—
‘‘(A) such further medical examination and 
such treatment as may be required to stabilize the 
medical condition; or 
‘‘(B) for the transfer of the veteran to another 
medical facility of the Department or a non-Depart-
ment facility in accordance with subsection (c). 
‘‘(2) The Secretary is deemed to meet the require-
ment of paragraph (1)(A) with respect to an enrolled vet-
eran if the Secretary offers the veteran the further medical 
examination and treatment described in such paragraph 
and informs the veteran (or an individual acting on behalf 
of the veteran) of the risks and benefits to the veteran 
of such examination and treatment, but the veteran (or 
individual) refuses to consent to the examination and 
treatment. The Secretary shall take all reasonable steps 
to secure the written informed consent of such veteran (or 
individual) to refuse such examination and treatment. 
‘‘(3) The Secretary is deemed to meet the require-
ment of paragraph (1) with respect to an enrolled veteran 
if the Secretary offers to transfer the individual to another 
medical facility in accordance with subsection (c) of this 
section and informs the veteran (or an individual acting 
on behalf of the veteran) of the risks and benefits to the 
veteran of such transfer, but the veteran (or individual) 
refuses to consent to the transfer. The hospital shall take
all reasonable steps to secure the written informed consent 
of such veteran (or individual) to refuse such transfer. 
‘‘(c) RESTRICTION OF TRANSFERS UNTIL VETERAN 
STABILIZED.—(1) If an enrolled veteran at a medical fa-
cility of the Department has an emergency medical condi-
tion that has not been stabilized, the Secretary may not 
transfer the veteran to another medical facility of the De-
partment or a non-Department facility unless— 
‘‘(A)(i) the veteran (or a legally responsible in-
dividual acting on behalf of the veteran), after being 
informed of the obligation of the Secretary under 
this section and of the risk of transfer, requests in 
writing a transfer to another medical facility; 
‘‘(ii) a physician has signed a certification (in-
cluding a summary of the risks and benefits) that, 
based upon the information available at the time of 
transfer, the medical benefits reasonably expected 
from the provision of appropriate medical treatment 
at another medical facility outweigh the increased 
risks to the veteran and, in the case of labor, to the 
unborn child from effecting the transfer; or 
‘‘(iii) if a physician is not physically present in 
the emergency department at the time a veteran is 
transferred, a qualified medical person (as defined 
by the Secretary in regulations) has signed a certifi-
cation described in clause (ii) after a physician, in 
consultation with the person, has made the deter-
mination described in such clause, and subsequently 
countersigns the certification; and 
‘‘(B) the transfer is an appropriate transfer as 
described in paragraph (2). 
‘‘(2) An appropriate transfer to a medical facility is 
a transfer— 
‘‘(A) in which the transferring medical facility 
provides the medical treatment within the capacity 
of the facility that minimizes the risks to the health 
of the enrolled veteran and, in the case of a woman 
in labor, the health of the unborn child; 
‘‘(B) in which the receiving facility— 
‘‘(i) has available space and qualified per-
sonnel for the treatment of the veteran; and 
‘‘(ii) has agreed to accept transfer of the 
veteran and to provide appropriate medical 
treatment; 
‘‘(C) in which the transferring facility sends to 
the receiving facility all medical records (or copies 
thereof), related to the emergency condition for 
which the veteran has presented, available at the 
time of the transfer, including records related to the 
emergency medical condition of the veteran, observa-
tions of signs or symptoms, preliminary diagnosis, 
treatment provided, results of any tests and the in-
formed written consent or certification (or copy 
thereof) provided under paragraph (1)(A), and the 
name and address of any on-call physician (de-
scribed in subsection (d)(1)(C) of this section) who 
has refused or failed to appear within a reasonable 
time to provide necessary stabilizing treatment; 
‘‘(D) in which the transfer is effected through 
qualified personnel and transportation equipment, as 
required including the use of necessary and medi-
cally appropriate life support measures during the 
transfer; and 
‘‘(E) that meets such other requirements as the 
Secretary may find necessary in the interest of the 
health and safety of veterans transferred. 
‘‘(d) CHARGES.—(1) Nothing in this section may be 
construed to affect any charges that the Secretary may 
collect from a veteran or third party. 
‘‘(2) The Secretary shall treat any care provided by 
a non-Department facility pursuant to this section as care 
otherwise provided by a non-Department facility pursuant 
to this chapter for purposes of paying such non-Depart-
ment facility for such care.
‘‘(e) NONDISCRIMINATION.—A medical facility of the 
Department or a non-Department facility, as the case may 
be, that has specialized capabilities or facilities (such as 
burn units, shock-trauma units, neonatal intensive care 
units, or (with respect to rural areas) regional referral 
centers as identified by the Secretary in regulation) shall 
not refuse to accept an appropriate transfer of an enrolled 
veteran who requires such specialized capabilities or facili-
ties if the facility has the capacity to treat the veteran. 
‘‘(f) NO DELAY IN EXAMINATION OR TREATMENT.— 
A medical facility of the Department or a non-Department 
facility, as the case may be, may not delay provision of 
an appropriate medical screening examination required 
under subsection (a) or further medical examination and 
treatment required under subsection (b) of this section in 
order to inquire about the method of payment or insurance 
status of an enrolled veteran. 
‘‘(g) WHISTLEBLOWER
PROTECTIONS.—The Sec-
retary may not take adverse action against an employee 
of the Department because the employee refuses to au-
thorize the transfer of an enrolled veteran with an emer-
gency medical condition that has not been stabilized or 
because the employee reports a violation of a requirement 
of this section. 
‘‘(h) DEFINITIONS.—In this section:
‘‘(1) The term ‘emergency medical condition’ 
means— 
‘‘(A) a medical condition manifesting itself 
by acute symptoms of sufficient severity (in-
cluding severe pain) such that the absence of 
immediate medical attention could reasonably 
be expected to result in— 
‘‘(i) placing the health of the enrolled 
veteran (or, with respect to an enrolled vet-
eran who is a pregnant woman, the health 
of the woman or her unborn child) in seri-
ous jeopardy; 
‘‘(ii) serious impairment to bodily 
functions; or 
‘‘(iii) serious dysfunction of any bodily 
organ or part; or 
‘‘(B) with respect to an enrolled veteran 
who is a pregnant woman having contractions— 
‘‘(i) that there is inadequate time to 
effect a safe transfer to another hospital 
before delivery; or 
‘‘(ii) that transfer may pose a threat 
to the health or safety of the woman or the 
unborn child.
‘‘(2) The term ‘enrolled veteran’ means a vet-
eran who is enrolled in the health care system estab-
lished under section 1705(a) of this title. 
‘‘(3) The term ‘to stabilize’ means, with respect 
to an emergency medical condition described in 
paragraph (1)(A), to provide such medical treatment 
of the condition as may be necessary to assure, with-
in reasonable medical probability, that no material 
deterioration of the condition is likely to result from 
or occur during the transfer of the enrolled veteran 
from a facility, or, with respect to an emergency 
medical condition described in paragraph (1)(B), to 
deliver (including the placenta). 
‘‘(4) The term ‘stabilized’ means, with respect 
to an emergency medical condition described in 
paragraph (1)(A), that no material deterioration of 
the condition is likely, within reasonable medical 
probability, to result from or occur during the trans-
fer of the individual from a facility, or, with respect 
to an emergency medical condition described in 
paragraph (1)(B), that the woman has delivered (in-
cluding the placenta). 
‘‘(5) The term ‘transfer’ means the movement 
(including the discharge) of an enrolled veteran out-
side the facilities of a medical facility of the Depart-
ment at the direction of any individual employed by 
(or affiliated or associated, directly or indirectly, 
with) the Department, but does not include such a 
movement of an individual who— 
‘‘(A) has been declared dead; or 
‘‘(B) leaves the facility without the permis-
sion of any such person.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
of such chapter is amended by inserting after the item 
relating to section 1730A the following new item: 
‘‘1730B. Examination and treatment for emergency medical conditions and 
women in labor.’’. 
SEC. 13. SENSE OF CONGRESS REGARDING AMERICAN VET-
ERANS DISABLED FOR LIFE. 
(a) FINDINGS.—Congress finds the following: 
(1) There are at least 3.6 million veterans cur-
rently living with service-connected disabilities. 
(2) As a result of their service, many veterans 
are permanently disabled throughout their lives and 
in many cases must rely on the support of their fam-
ilies and friends when these visible and invisible bur-
dens become too much to bear alone. 
(3) October 5, which is the anniversary of the 
dedication of the American Veterans Disabled for 
Life Memorial, has been recognized as an appro-
priate day on which to honor American veterans dis-
abled for life each year. 
(b) SENSE OF CONGRESS.—Congress— 
(1) expresses its appreciation to the men and 
women left permanently wounded, ill, or injured as 
a result of their service in the Armed Forces; 
(2) supports the annual recognition of Amer-
ican veterans disabled for life; and 
(3) encourages the American people to honor 
American veterans disabled for life each year with 
appropriate programs and activities. 
SEC. 14. ESTABLISHMENT OF POSITIONS OF DIRECTORS OF 
VETERANS INTEGRATED SERVICE NETWORKS 
IN 
OFFICE 
OF 
UNDER 
SECRETARY 
FOR 
HEALTH OF DEPARTMENT OF VETERANS AF-
FAIRS AND MODIFICATION OF QUALIFICA-
TIONS FOR MEDICAL DIRECTORS. 
Section 7306(a)(4) of title 38, United States Code, 
is amended— 
(1) by inserting ‘‘and Directors of Veterans In-
tegrated Service Networks’’ after ‘‘Such Medical Di-
rectors’’; and 
(2) by striking ‘‘, who shall be either a qualified 
doctor of medicine or a qualified doctor of dental 
surgery or dental medicine’’.
SEC. 15. CONTINUING EDUCATION REQUIREMENT FOR EM-
PLOYEES OF DEPARTMENT OF VETERANS AF-
FAIRS AUTHORIZED TO PRESCRIBE MEDICA-
TION. 
(a) IN GENERAL.—Subchapter I of chapter 74 of title 
38, United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 7413. Continuing education requirement for em-
ployees authorized to prescribe medica-
tion 
‘‘(a) REQUIREMENT.—(1) Except as provided in 
paragraph (2), the Secretary shall require each covered 
employee of the Department to complete not less than one 
accredited course of continuing education on pain manage-
ment once every 2 years. Such course shall include infor-
mation on safe prescribing practices and disposal of con-
trolled substances, principles of pain management, identi-
fication of potential substance use disorders and addiction 
treatment. 
‘‘(2) Paragraph (1) shall not apply to a covered em-
ployee if the covered employee is licensed or certified by 
a State licensure or specialty board that requires the com-
pletion of continuing education relative to pain manage-
ment or substance use disorder management. 
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) The term ‘covered employee’ means any 
employee of the Department authorized to prescribe 
any controlled substance, including an employee 
hired under section 7405 of this title. 
‘‘(2) The term ‘controlled substance’ has the 
meaning given such term in section 102 of the Con-
trolled Substances Act (21 U.S.C. 802). 
‘‘(c) APPLICABILITY.—The requirement under sub-
section (a) shall apply with respect to a covered employee 
for any 24-month period during which the covered em-
ployee is employed by the Department for at least 180 
days.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end of the items relating to subchapter I of such 
chapter the following new item: 
‘‘7413. Continuing education requirement for employees authorized to prescribe 
medication.’’. 
(c) APPLICABILITY.—Section 7413 of title 38, United 
States Code, as added by subsection (a) shall apply with 
respect to a 12-month period that begins on or after the 
date of the enactment of this Act. 
SEC. 16. REVIEW OF WHISTLEBLOWER COMPLAINTS. 
(a) IN GENERAL.—Chapter 7 of title 38, United 
States Code, is amended by inserting after section 711 the 
following new section:
‘‘§ 712. Review of whistleblower complaints 
‘‘(a) IN GENERAL.—During each calendar quarter, 
the Secretary shall review each covered whistleblower com-
plaint that is filed during the previous calendar quarter. 
‘‘(b) DELEGATION.—The Secretary may only dele-
gate the authority of the Secretary under subsection (a) 
to review a covered whistleblower complaint, without fur-
ther delegation, to— 
‘‘(1) the Deputy Secretary of Veterans Affairs; 
‘‘(2) the Under Secretary for Health; 
‘‘(3) the Under Secretary for Benefits; 
‘‘(4) the Under Secretary for Memorial Affairs; 
‘‘(5) an Assistant Secretary of Veterans Affairs; 
‘‘(6) a Deputy Assistant Secretary of Veterans 
Affairs; or 
‘‘(7) a director of the Veterans Integrated Serv-
ice Network. 
‘‘(c) COVERED WHISTLEBLOWER COMPLAINT DE-
FINED.—In this section, the term ‘covered whistleblower 
complaint’ means any complaint filed with the Office of 
the Special Counsel under subchapter II of chapter 12 of 
title 5 with respect to a prohibited personnel practice com-
mitted by an officer or employee of the Department of 
Veterans Affairs and described in section 2302(b)(8) or 
2302(b)(9)(A)(i), (B), (C), or (D) of such title.’’.
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 711 the following new 
item: 
‘‘712. Review of whistleblower complaints.’’. 
SEC. 17. IDENTIFICATION OF MATTERS RELATING TO PART- 
TIME EMPLOYMENT OF MEMBERS OF THE 
ARMED FORCES WHO ARE PHYSICIANS. 
The Secretary of Veterans Affairs shall identify— 
(1) the number of members of the Armed 
Forces serving on active duty who are physicians 
employed at a Department of Veterans Affairs med-
ical facility on a part-time basis; 
(2) the process by which the Department hires 
such physicians on a part-time basis; 
(3) the process by which the Department hires 
civilian physicians on a part-time basis; and 
(4) the steps the Department is taking to re-
cruit members of the Armed Forces serving on ac-
tive duty who are physicians for employment at De-
partment medical facilities on a part-time basis. 
SEC. 18. RECRUITMENT OF PHYSICIANS IN DEPARTMENT 
OF VETERANS AFFAIRS. 
(a) IN GENERAL.—Section 7402(b)(1) of title 38, 
United States Code, is amended—
(1) by inserting ‘‘or to be offered a contingent 
appointment to such position,’’ after ‘‘position,’’; and 
(2) by striking subparagraph (B) and inserting 
the following new subparagraph (B): 
‘‘(B)(i) have completed a residency program 
satisfactory to the Secretary; or 
‘‘(ii) with respect to an offer for a contingent 
appointment upon the completion of a post-graduate 
training program, complete such a residency pro-
gram by not later than 2 years after the date of 
such offer; and’’. 
(b) OVERSIGHT OF GRADUATE MEDICAL EDUCATION 
PROGRAMS.—The Secretary shall— 
(1) ensure that a recruiter or other similar offi-
cial of each Veterans Integrated Service Network 
visits, not less than annually, each allopathic and os-
teopathic teaching institution with a graduate med-
ical education program within the Network to re-
cruit individuals to be appointed to positions in the 
Veterans Health Administration; and 
(2) submit to Congress an annual report on the 
implementation of paragraph (1), including the suc-
cess of such recruiting efforts.
SEC. 19. AUTHORITY TO DISCLOSE CERTAIN MEDICAL 
RECORDS OF VETERANS WHO RECEIVE NON- 
DEPARTMENT 
OF 
VETERANS 
AFFAIRS 
HEALTH CARE. 
Section 7332(b)(2) of title 38, United States Code, 
is amended by adding at the end the following new sub-
paragraph: 
‘‘(H) To a non-Department entity (including 
private entities and other departments or agencies of 
the Federal Government) that provides hospital care 
or medical treatment to veterans.’’. 
SEC. 20. SURVEY OF VETERAN EXPERIENCES WITH DE-
PARTMENT OF VETERANS AFFAIRS MEDICAL 
CARE. 
(a) IN GENERAL.—The Secretary of Veterans Affairs 
shall seek to enter into a contract with a non-government 
entity with significant experience conducting scientifically 
verifiable surveys and research to conduct an annual sur-
vey of a statistically significant sample of veterans who 
reside in the geographic area served by each of the medical 
facilities of the Department of Veterans Affairs to deter-
mine the nature of the experiences of such veterans in ob-
taining hospital care and medical services furnished by the 
Secretary at each such medical facility. Each such survey 
shall be conducted using scientific and verifiable methods. 
Such contract shall provide that the non-government enti-
ty shall conduct such annual surveys during the 5-year 
period beginning on the date on which the Secretary en-
ters into the contract with the non-government entity. 
(b) CONTENTS.—The contract entered into under 
subsection (a) shall provide that each survey conducted 
pursuant to the contract shall be specific to a medical fa-
cility of the Department and shall include questions relat-
ing to the experiences of veterans in requesting and receiv-
ing appointments for hospital care and medical services 
furnished by the Secretary at that medical facility, includ-
ing questions relating to each of the following: 
(1) The veteran’s ability to obtain hospital care 
and medical services at the facility in a timely man-
ner. 
(2) The period of time between the date on 
which the veteran requests an appointment at the 
facility and the date on which the appointment is 
scheduled. 
(3) The frequency with which scheduled ap-
pointments are cancelled by the facility. 
(4) The quality of hospital care or medical serv-
ices the veteran has received at the facility. 
(c) CONSULTATION.—The contract entered into 
under subsection (a) shall provide that in designing and 
conducting the surveys for each medical facility of the De-
partment pursuant to such contract, the non-government 
entity shall consult with veterans service organizations. 
(d) CERTIFICATION.—The contract entered into 
under subsection (a) shall provide that— 
(1) before conducting a survey pursuant to the 
contract, the non-government entity shall submit the 
proposed survey to the Comptroller General who 
shall assess whether the survey is scientifically valid 
and whether the proposed sample size of veterans to 
be surveyed is statistically significant; and 
(2) the non-government entity may not conduct 
such a survey until the Comptroller General provides 
such a certification for the survey. 
(e) SUBMITTAL OF RESULTS AND PUBLIC AVAIL-
ABILITY OF INFORMATION.—Not later than 30 days after 
the completion of the surveys conducted pursuant to a 
contract entered into under subsection (a) for a year, the 
Secretary shall make the results of the surveys publicly 
available on the Internet website of the Department. 
(f) PAPERWORK REDUCTION.—Subchapter I of chap-
ter 35 of title 44, United States Code shall not apply to 
this section. 
(g) DEADLINE
FOR IMPLEMENTATION.—The Sec-
retary shall enter into a contract under subsection (a) for
each medical facility of the Department by not later than 
180 days after the date of the enactment of this Act. 
SEC. 21. ANNUAL REPORT ON PERFORMANCE OF RE-
GIONAL OFFICES OF THE DEPARTMENT OF 
VETERANS AFFAIRS. 
Section 7734 of title 38, United States Code, is 
amended— 
(1) in the first sentence, by inserting before the 
period the following: ‘‘and on the performance of 
any regional office that fails to meet its administra-
tive goals’’; 
(2) in paragraph (2), by striking ‘‘and’’; 
(3) by redesignating paragraph (3) as para-
graph (4); and 
(4) by inserting after paragraph (2) the fol-
lowing new paragraph (3): 
‘‘(3) in the case of any regional office that, for 
the year covered by the report, did not meet the ad-
ministrative goal of no claim pending for more than 
125 days and an accuracy rating of 98 percent— 
‘‘(A) a signed statement prepared by the 
individual serving as director of the regional of-
fice as of the date of the submittal of the report 
containing—
‘‘(i) an explanation for why the re-
gional office did not meet the goal; 
‘‘(ii) a description of the additional re-
sources needed to enable the regional office 
to reach the goal; and 
‘‘(iii) a description of any additional 
actions planned for the subsequent year 
that are proposed to enable the regional of-
fice to meet the goal; and 
‘‘(B) a statement prepared by the Under 
Secretary for Benefits explaining how the fail-
ure of the regional office to meet the goal af-
fected the performance evaluation of the direc-
tor of the regional office; and’’. 
SEC. 22. EXTENSION OF AUTHORITY OF THE SECRETARY 
OF VETERANS AFFAIRS TO PROVIDE FOR THE 
CONDUCT OF MEDICAL DISABILITY EXAMINA-
TIONS BY CONTRACT PHYSICIANS. 
Section 704(c) of the Veterans Benefits Act of 2003 
(Public Law 108–183; 38 U.S.C. 5101 note) is amended 
by striking ‘‘December 31, 2016’’ and inserting ‘‘Decem-
ber 31, 2017’’.
SEC. 23. PROVISION OF STATUS UNDER LAW BY HONORING 
CERTAIN MEMBERS OF THE RESERVE COM-
PONENTS AS VETERANS. 
(a) VETERAN STATUS.— 
(1) IN GENERAL.—Chapter 1 of title 38, United 
States Code, is amended by inserting after section 
107 the following new section: 
‘‘§ 107A. Honoring as veterans certain persons who 
performed service in the reserve compo-
nents 
‘‘Any person who is entitled under chapter 1223 of 
title 10 to retired pay for nonregular service or, but for 
age, would be entitled under such chapter to retired pay 
for nonregular service shall be honored as a veteran but 
shall not be entitled to any benefit by reason of this sec-
tion.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 107 
the following new item: 
‘‘107A. Honoring as veterans certain persons who performed service in the re-
serve components.’’. 
(b) CLARIFICATION
REGARDING
BENEFITS.—No 
person may receive any benefit under the laws adminis-
tered by the Secretary of Veterans Affairs solely by reason
of section 107A of title 38, United States Code, as added 
by subsection (a). 
SEC. 24. PROVISION OF REHABILITATIVE EQUIPMENT AND 
HUMAN-POWERED VEHICLES TO CERTAIN 
DISABLED VETERANS. 
(a) IN GENERAL.—Section 1714(a) of title 38, 
United States Code, is amended— 
(1) by striking ‘‘Any veteran’’ and inserting 
‘‘(1) Any veteran’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2)(A) The Secretary may furnish rehabilitative 
equipment to any veteran who is entitled to a prosthetic 
appliance. 
‘‘(B) In carrying out subparagraph (A), the Secretary 
may modify non-rehabilitative equipment owned by a vet-
eran only if the veteran elects for such modification. 
‘‘(C) The Secretary shall annually submit to the 
Committees on Veterans’ Affairs of the House of Rep-
resentatives and the Senate a report on rehabilitative 
equipment furnished to veterans under subparagraph (A). 
Each such report shall include, with respect to the year 
covered by the report— 
‘‘(i) the number of veterans eligible to receive 
such rehabilitative equipment;
‘‘(ii) the number of veterans who received such 
rehabilitative equipment; 
‘‘(iii) the number of veterans who elected to re-
ceive modified equipment pursuant to subparagraph 
(B); and 
‘‘(iv) any recommendations of the Secretary to 
improve furnishing veterans with rehabilitative 
equipment. 
‘‘(D) In this paragraph, the term ‘rehabilitative 
equipment’ means— 
‘‘(i) rehabilitative equipment, including rec-
reational sports equipment that provide an adaption 
or accommodation for the veteran, regardless of 
whether such equipment is intentionally designed to 
be adaptive equipment; and 
‘‘(ii) includes hand cycles, recumbent bicycles, 
medically adapted upright bicycles, and upright bicy-
cles.’’. 
(b) NO ADDITIONAL FUNDS.—No additional funds 
are authorized to be appropriated to carry out the require-
ments of this section and the amendments made by this 
section. Such requirements shall be carried out using 
amounts otherwise authorized.
SEC. 25. APPOINTMENT OF LICENSED HEARING AID SPE-
CIALISTS IN VETERANS HEALTH ADMINIS-
TRATION. 
(a) LICENSED HEARING AID SPECIALISTS.— 
(1) APPOINTMENT.—Section 7401(3) of title 
38, United States Code, is amended by inserting ‘‘li-
censed hearing aid specialists,’’ after ‘‘Audiol-
ogists,’’. 
(2) QUALIFICATIONS.—Section 7402(b)(14) of 
such title is amended by inserting ‘‘, hearing aid 
specialist’’ after ‘‘dental technologist’’. 
(b) REQUIREMENTS.—With respect to appointing 
hearing aid specialists under sections 7401 and 7402 of 
title 38, United States Code, as amended by subsection 
(a), and providing services furnished by such specialists, 
the Secretary shall ensure that— 
(1) a hearing aid specialist may only perform 
hearing services consistent with the hearing aid spe-
cialist’s State license related to the practice of fit-
ting and dispensing hearing aids without excluding 
other qualified professionals, including audiologists, 
from rendering services in overlapping practice 
areas; 
(2) services provided to veterans by hearing aid 
specialists shall be provided as part of the non-med-
ical treatment plan developed by an audiologist; and
(3) the medical facilities of the Department of 
Veterans Affairs provide to veterans access to the 
full range of professional services provided by an au-
diologist. 
(c) CONSULTATION.—In determining the qualifica-
tions required for hearing aid specialists and in carrying 
out subsection (b), the Secretary shall consult with vet-
erans 
service 
organizations, 
audiologists, 
otolaryngologists, hearing aid specialists, and other stake-
holder and industry groups as the Secretary determines 
appropriate. 
(d) ANNUAL REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, and annually 
thereafter during the 5-year period beginning on the 
date of the enactment of this Act, the Secretary of 
Veterans Affairs shall submit to Congress a report 
on the following: 
(A) Timely access of veterans to hearing 
health services through the Department of Vet-
erans Affairs. 
(B) Contracting policies of the Department 
with respect to providing hearing health serv-
ices to veterans in facilities that are not facili-
ties of the Department.
(2) TIMELY ACCESS TO SERVICES.—Each re-
port shall, with respect to the matter specified in 
paragraph (1)(A) for the 1-year period preceding the 
submittal of such report, include the following: 
(A) The staffing levels of audiologists, 
hearing aid specialists, and health technicians 
in audiology in the Veterans Health Adminis-
tration. 
(B) A description of the metrics used by 
the Secretary in measuring performance with 
respect to appointments and care relating to 
hearing health. 
(C) The average time that a veteran waits 
to receive an appointment, beginning on the 
date on which the veteran makes the request, 
for the following: 
(i) A disability rating evaluation for a 
hearing-related disability. 
(ii) A hearing aid evaluation. 
(iii) Dispensing of hearing aids. 
(iv) Any follow-up hearing health ap-
pointment. 
(D) The percentage of veterans whose total 
wait time for appointments described in sub-
paragraph (C), including an initial and follow-
up appointment, if applicable, is more than 30 
days. 
(3) 
CONTRACTING
POLICIES.—Each 
report 
shall, with respect to the matter specified in para-
graph (1)(B) for the 1-year period preceding the 
submittal of such report, include the following: 
(A) The number of veterans that the Sec-
retary refers to non-Department audiologists 
for hearing health care appointments. 
(B) The number of veterans that the Sec-
retary refers to non-Department hearing aid 
specialists for follow-up appointments for a 
hearing aid evaluation, the dispensing of hear-
ing aids, or any other purpose relating to hear-
ing health. 
Passed the House of Representatives September 14, 
2016. 
Attest: 
Clerk.