Title: VA GORDIAN KNOT Act
Policy area: Armed Forces and National Security

Summary:
VA Guidance for Organizational Reform and Data Integrity for Accountability Needs Key for Necessary and Optimal Transformation Act or the VA GORDIAN KNOT Act
This bill directs the Department of Veterans Affairs (VA) to enter into an agreement for an independent assessment of its organization, which shall evaluate: (1) whether the VA's current organization is conducive to meeting its performance goals, and (2) the cost of providing hospital care and medical services to veterans at VA medical facilities compared to the cost of paying for such care and services furnished by a non-VA provider pursuant to the Veterans Choice Program.
The VA shall ensure that: (1) each VA medical facility has a hiring plan, and (2) each VA employee who voluntarily separates is afforded the opportunity to complete an exit interview.
The VA shall: (1) develop standard definitions for the actions that constitute the manipulation of data regarding scheduling health care appointments and the ways in which Veterans Health Administration employees are held accountable for such manipulation; (2) ensure that a single position in each VA medical facility and office is designated as being responsible for verifying the accuracy of reported health care data; (3) enter into an agreement for an independent assessment of whether such requirements improve the accuracy of VA data; and (4) study and report on VA health care data integrity and on costs relating to VA employees manipulating health care data, providing negligent management, and retaliating against whistleblowers.
The VA shall: (1) make publicly available on its website the current wait times for a veteran enrolled in the VA health care system to receive an appointment at a VA facility, (2) enter into an agreement for an assessment of the accuracy of such wait times, and (3) publish information regarding such assessment.
The VA may transfer specified amounts among its accounts to mitigate or remove any shortfall or justify not making such transfer.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1771 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 1771

 To improve the organization of the Department of Veterans Affairs, to 
ensure the accuracy of health care data used by the Department, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2017

   Mr. Bilirakis (for himself, Mrs. McMorris Rodgers, Mr. Jones, Mr. 
  Duncan of Tennessee, and Mr. Gaetz) introduced the following bill; 
   which was referred to the Committee on Veterans' Affairs, and in 
    addition to the Committee on Appropriations, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To improve the organization of the Department of Veterans Affairs, to 
ensure the accuracy of health care data used by the Department, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``VA Guidance for Organizational 
Reform and Data Integrity for Accountability Needs Key for Necessary 
and Optimal Transformation Act'' or the ``VA GORDIAN KNOT Act''.

SEC. 2. ORGANIZATION OF DEPARTMENT OF VETERANS AFFAIRS.

    (a) Independent Assessment.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        seek to enter into an agreement with an independent entity to 
        conduct an assessment of the organization of the Department of 
        Veterans Affairs.
            (2) Elements.--The assessment under paragraph (1) shall 
        include the following:
                    (A) Whether the current organization of the 
                Department is conducive to meeting the performance 
                goals of the Department.
                    (B) An identification of the mission statement and 
                function of each element of the Department, including 
                whether any such elements have duplicative functions.
                    (C) Identification of the strengths and weaknesses 
                of the current organization.
                    (D) How many full-time equivalent positions, 
                including with respect to senior executives, are in 
                each of the Veterans Benefits Administration, the 
                National Cemetery Administration, and the Central 
                Office.
                    (E) A description of the hierarchy in each element 
                of the Department.
                    (F) An evaluation of the cost to the Department of 
                providing hospital care and medical services to 
                veterans at medical facilities of the Department as 
                compared to the cost of paying for such care and 
                services furnished by a non-Department provider 
                pursuant to the Veterans Choice Program established by 
                section 101 of the Veterans Access, Choice, and 
                Accountability Act of 2014 (38 U.S.C. 1701 note) or 
                other provision of law authorizing non-Department 
                hospital care or medical services.
                    (G) To assist in developing a long-term sustainable 
                capital asset planning process, identification of 
                underused facilities of the Department that, if closed 
                or disposed of, would not negatively affect the health 
                care or benefits provided to veterans.
                    (H) With respect to the facilities described in 
                subparagraph (E), a plan to engage veteran populations, 
                veteran service organizations, and other organizations 
                and stakeholders that work with veterans to identify 
                such facilities and determine whether veterans have the 
                ability to seek services by non-Department providers 
                under the laws administered by the Secretary.
            (3) Submission.--Not later than one year after the date of 
        the enactment of this Act, the Secretary shall submit to the 
        Committees on Veterans' Affairs of the House of Representatives 
        and the Senate the assessment under paragraph (1).
    (b) Status of Organization.--Not later than October 1 of 2020, and 
annually thereafter, the Secretary shall--
            (1) either--
                    (A) update the organizational structure of the 
                Office of the Secretary, the Veterans Health 
                Administration, the Veterans Benefits Administration, 
                and the National Cemetery Administration to ensure that 
                such structure is best able to provide benefits to 
                veterans; or
                    (B) certify to the Committees on Veterans' Affairs 
                of the House of Representatives and the Senate that 
                such structure does not require such updates; and
            (2) make publically available such update or certification, 
        as the case may be, including clear organizational charts of 
        the Office of the Secretary, the Veterans Health 
        Administration, the Veterans Benefits Administration, and the 
        National Cemetery Administration.

SEC. 3. IMPROVEMENTS TO HIRING AND RETAINING EMPLOYEES.

    (a) Improvements to Hiring.--
            (1) Hiring plan.--The Secretary of Veterans Affairs shall 
        ensure that each medical facility of the Department of Veterans 
        Affairs, including community based outpatient clinics, has a 
        hiring plan to address the health care needs of the facility.
            (2) Sharing of information.--The Secretary shall establish 
        a system that lists each vacant position in a medical facility 
        of the Department that is covered under the hiring plan under 
        paragraph (1). If the Secretary determines that an applicant 
        for such a vacant position is qualified for the position but is 
        not selected for the position, the Secretary may consider the 
        applicant for other similar positions listed in the system.
            (3) Data.--The Secretary shall keep records on--
                    (A) the amount of time a vacant position described 
                in paragraph (2) remains unfilled;
                    (B) positions that have been vacant for a prolonged 
                period and such vacancy--
                            (i) is related to a whistleblower case; and
                            (ii) has affected the ability of the 
                        Department to provide quality and timely health 
                        care of veterans; and
                    (C) whether an employee of the Department who 
                transfers from one medical facility of the Department 
                to another such facility was reprimanded, placed on 
                administrative leave, or appealed an allegation at the 
                previous position of the employee within the 
                Department.
            (4) Submission.--Upon the request of either the Committee 
        on Veterans' Affairs of the House of Representatives or the 
        Committee on Veterans' Affairs of the Senate, the Secretary 
        shall submit to the committee the records specified in 
        paragraph (3).
    (b) Exit Interviews.--The Secretary shall ensure that each employee 
of the Department who voluntarily separates from the Department is 
afforded the opportunity to complete an interview in order for the 
Secretary to ascertain--
            (1) the reason the employee is separating;
            (2) the opinion of the employee with respect to being 
        employed at the Department; and
            (3) ways in which the Secretary can better improve the 
        retention of employees of the Department.

SEC. 4. INTEGRITY OF HEALTH CARE DATA.

    (a) Certain Definitions.--Section 7311 of title 38, United States 
Code, is amended by inserting at the end the following new subsection:
    ``(f) For purposes of determining the validity of health care data 
collected pursuant to this section or any other provision of law 
regarding the employees of the Veterans Health Administration, the 
Secretary shall develop standard definitions for--
            ``(1) the actions that constitute the manipulation of data 
        regarding scheduling appointments for health care; and
            ``(2) the ways in which such employees are held accountable 
        for such manipulation.''.
    (b) Verification of Data.--
            (1) Designation.--The Secretary of Veterans Affairs shall 
        ensure that a single position in each office described in 
        paragraph (2) is designated as being responsible for verifying 
        the accuracy of the data reported from such office to a 
        superior office.
            (2) Office described.--An office described in this 
        paragraph is each of the following:
                    (A) A medical facility of the Department of 
                Veterans Affairs.
                    (B) A Veterans Integrated Service Network.
                    (C) A regional office of the Veterans Benefits 
                Administration.
                    (D) The central office of the Veterans Benefits 
                Administration.
    (c) Assessment.--
            (1) In general.--The Secretary shall seek to enter into an 
        agreement with an independent, non-governmental entity to 
        assess whether this section, and the amendment made by this 
        section, improves the accuracy of data of the Department of 
        Veterans Affairs.
            (2) Submission.--Not later than one year after the date of 
        the enactment of this Act, the Secretary shall submit to the 
        Committees on Veterans' Affairs of the House of Representatives 
        and the Senate the assessment conducted under paragraph (1).
    (d) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to the Committees on 
Veterans' Affairs of the House of Representatives and the Senate a 
report containing--
            (1) a study on--
                    (A) the data collected or used by the Veterans 
                Health Administration and the Veterans Benefits 
                Administration, including data that the Secretary, as 
                of the date of the study, allows to be self-reported by 
                the appropriate office; and
                    (B) what metrics the Secretary should be using to 
                track such data;
            (2) an implementation plan to correct any vulnerabilities 
        regarding the accuracy of such data;
            (3) a description of the Department-wide minimal standards 
        and guidelines to reprimand employees of the Department who 
        knowingly provide false information to Federal investigators or 
        who knowingly provide inaccurate information when testifying 
        before a committee of Congress; and
            (4) an identification of the recommendations regarding data 
        integrity, information technology, organizational reforms, 
        management improvements, or hiring and retaining employees 
        reported by or made by the independent assessment under section 
        201 of the Veterans Access, Choice, and Accountability Act of 
        2014 (Public Law 113-146; 128 Stat. 1769), the Commission on 
        Care, the Comptroller General of the United States, and the 
        Inspector General of the Department of Veterans Affairs that, 
        as of the date of the report, have not been implemented, and a 
        plan to implement such recommendations and track the progress 
        of such implementation.
    (e) Study of Costs.--
            (1) In general.--The Secretary shall conduct a study to 
        determine the costs to the United States relating to officials 
        and employees of the Department of Veterans Affairs 
        manipulating health care data, providing negligent management, 
        and retaliating against whistleblowers, during the five-year 
        period preceding such study.
            (2) Elements.--The study under paragraph (1) shall include 
        the following:
                    (A) The amount of money that the Federal Government 
                has spent, by fiscal year, on settlements (including 
                confidential settlements) with whistleblowers of the 
                Department.
                    (B) The number of hours that employees of the 
                Federal Government have spent to defend the Department 
                in administrative or judicial proceedings with respect 
                to employees of the Department accused of manipulating 
                health care data, providing negligent management, or 
                retaliating against whistleblowers.
                    (C) Obstacles preventing the Secretary from 
                demoting, removing, or terminating an employee of the 
                Department based on performance or misconduct.
            (3) Submission.--Not later than one year after the date of 
        the enactment of this Act, the Secretary shall submit to the 
        Committees on Veterans' Affairs of the House of Representatives 
        and the Senate a report containing the study under paragraph 
        (1).

SEC. 5. PUBLICATION OF WAIT TIMES.

    (a) Publication of Wait Times.--The Secretary of Veterans Affairs 
shall make publically available on the Internet website of the 
Department of Veterans Affairs the current wait times for a veteran 
enrolled in the health care system established under section 1705(a) of 
title 38, United States Code, to receive an appointment for health care 
at a medical facility of the Department of Veterans Affairs. Such wait 
time shall be categorized by primary care, specialty care, and mental 
health services and include an explanation on the metrics used to 
determine such wait times.
    (b) Transparency.--The Secretary of Veterans Affairs shall seek to 
enter into an agreement with the Comptroller General of the United 
States or an independent entity to conduct an assessment of the 
accuracy of the wait times published under subsection (a). The 
Secretary shall publish information regarding such assessment on the 
Internet website described in subsection (a).
    (c) Wait Time Defined.--In this section, the term ``wait time'' 
means, with respect to a veteran receiving an appointment at a medical 
facility of the Department of Veterans Affairs, the period beginning on 
the date on which the veteran first requests such appointment and 
ending on the date on which such appointment occurs.

SEC. 6. TRANSFER AUTHORITY.

    (a) In General.--Chapter 1 of title 38, United States Code, is 
amended by inserting after section 117 the following new section:
``Sec. 117A. Transfer authority
    ``(a) In General.--In addition to any other provision of law 
authorizing the transfer of amounts by the Secretary of Veterans 
Affairs, in any fiscal year in which there is a shortfall, the 
Secretary may transfer covered amounts to accounts of the Department 
for purposes of mitigating or removing such shortfall.
    ``(b) Notification.--In any fiscal year in which there is a 
shortfall and the Secretary does not make a transfer under subsection 
(a), the Secretary shall submit to the Committees on Veterans' Affairs 
of the House of Representatives and the Senate justifications for not 
making such transfer.
    ``(c) Definitions.--In this section:
            ``(1) The term `covered amounts' means amounts made 
        available to the Secretary for awards or bonuses under chapter 
        45 or 53 of title 5, United States Code, or any other awards or 
        bonuses authorized under such title or this title.
            ``(2) The term `shortfall' means the event, as determined 
        by the Secretary, that the funds made available to the 
        Secretary for a fiscal year are not sufficient to provide the 
        benefits under the laws administered by the Secretary or 
        otherwise carry out the responsibilities of the Department 
        during any period of such fiscal year.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
117 the following new item:

``117A. Transfer authority.''.
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