II 115th CONGRESS 1st Session S. 1477 IN THE SENATE OF THE UNITED STATES June 29, 2017 Mr. Flake introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To prohibit the use of official time for labor organizing activities by employees of the Department of Veterans Affairs unless all veterans seeking hospital care or medical services from the Department are able to schedule their appointments within the wait-time goals of the Veterans Health Administration, and for other purposes.

1. Short title This Act may be cited as the Serve Veterans First Act of 2017 . 2. Temporary prohibition on use of official time by employees of Department of Veterans Affairs for labor organizing activities (a) Temporary prohibition Notwithstanding section 7131 of title 5, United States Code, no employee of the Department of Veterans Affairs may use official time for any purpose relating to a labor organization— (1) before any determination has been made under subsection (b); or (2) if the most recent determination made under subsection (b) was that a veteran attempted to schedule an appointment for the receipt of hospital care or a medical service under chapter 17 of title 38, United States Code, but was unable to schedule the appointment within the wait-time goals of the Veterans Health Administration for the furnishing of such care or service. (b) Determinations (1) Annual determinations At the end of each calendar year, the Inspector General of the Department shall determine whether any veteran attempted, during such year, to schedule an appointment for the receipt of hospital care or a medical service under chapter 17 of title 38, United States Code, but was unable to schedule the appointment within the wait-time goals of the Veterans Health Administration for the furnishing of such care or service. (2) Investigations and subsequent determinations The Inspector General of the Department— (A) shall investigate each report the Inspector General receives of the case of an attempt by a veteran to schedule an appointment for the receipt of hospital care or a medical service under chapter 17 of title 38, United States Code, in which the veteran was unable to schedule the appointment within the wait-time goals of the Veterans Health Administration for the furnishing of such care or service; and (B) may, pursuant to an investigation carried out under subparagraph (A), determine that a veteran attempted to schedule an appointment for the receipt of hospital care or a medical service under chapter 17 of title 38, United States Code, but was unable to schedule the appointment within the wait-time goals of the Veterans Health Administration for the furnishing of such care or service. (c) Definitions In this section: (1) Official time The term official time means any period of time— (A) which may be granted to an employee under chapter 71 of title 5, United States Code, including a collective bargaining agreement entered into under such chapter, or chapter 74 of title 38, United States Code, to perform representational or consultative functions; and (B) during which the employee would otherwise be in a duty status. (2) Wait-time goals of the Veterans Health Administration The term wait-time goals of the Veterans Health Administration means not more than 30 days from the date on which a veteran requests an appointment for hospital care or medical services from the Department of Veterans Affairs.