[Congressional Record Volume 162, Number 81 (Monday, May 23, 2016)] [House] [Pages H2918-H2920] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] VA HEALTH CENTER MANAGEMENT STABILITY AND IMPROVEMENT ACT Mr. MILLER of Florida. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3956) to direct the Secretary of Veterans Affairs to develop and implement a plan to hire directors of the medical centers of the Department of Veterans Affairs, as amended. The Clerk read the title of the bill. The text of the bill is as follows: H.R. 3956 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 Health Center Management Stability and Improvement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to data from the Department of Veterans Affairs, several medical centers of the Department are managed by acting or temporary directors. (2) Some of these medical centers have not been managed by a permanent director for a long period. (3) Pursuant to section 317.903 of title 5, Code of Federal Regulations, a member of the senior executive service who is detailed to a temporary position in a department or agency of the Federal Government may not serve in that position for periods longer than 120-day increments, and no member of the senior executive service may be detailed to an unclassified position for a period longer than 240 days. (4) The inability of the Department of Veterans Affairs to recruit qualified, permanent candidates as directors of medical centers, combined with the policies described in paragraph (3), leads to frequent turnover of directors at the medical centers which impedes the ability of system management to engage in long-term planning and other functions necessary to improve service delivery to veterans. (5) The Secretary of Veterans Affairs should develop a comprehensive plan to recruit permanent directors at each medical center that lacks a permanent director. SEC. 3. PLAN TO HIRE DIRECTORS OF MEDICAL CENTERS OF DEPARTMENT OF VETERANS AFFAIRS. (a) Plan.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop and implement a plan to hire highly qualified directors for each medical center of the Department of Veterans Affairs that lacks a permanent director as of the date of the plan. The Secretary shall prioritize the hiring of such directors for the medical centers that have not had a permanent director for the longest periods. (b) Matters Included.--The plan developed under subsection (a) shall include the following: (1) A deadline to hire the directors of the medical centers of the Department as described in such subsection. (2) Identification of the possible impediments to such hiring. (3) Identification of opportunities to promote and train candidates from within the Department to senior executive positions in the Department, including as directors of medical centers. (c) Submission.--Not later than 120 days 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 plan developed under subsection (a). (d) Semiannual Reports.--Not later than 180 days after the date of the enactment of this Act, and each 180-day period thereafter until January 1, 2018, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a list of each medical center of the Department that lacks a permanent director as of the date of the report. SEC. 4. COMPLIANCE WITH SCHEDULING REQUIREMENTS. (a) Annual Certification.-- (1) In general.--The Secretary of Veterans Affairs shall ensure that the director of each medical facility of the Department of Veterans Affairs annually certifies to the Secretary that the medical facility is in full compliance with all provisions of law and regulations relating to scheduling appointments for veterans to receive hospital care and medical services, including pursuant to Veterans Health Administration Directive 2010-027, or any successor directive. (2) Prohibition on waiver.--The Secretary may not waive any provision of the laws or regulations described in paragraph (1) for a medical facility of the Department if such provision otherwise applies to the medical facility. (b) Explanation of Noncompliance.--If a director of a medical facility of the Department does not make a certification under subsection (a)(1) for any year, the director shall submit to the Secretary a report containing-- (1) an explanation of why the director is unable to make such certification; and (2) a description of the actions the director is taking to ensure full compliance with the laws and regulations described in such subsection. (c) Prohibition on Bonuses Based on Noncompliance.-- (1) In general.--If a director of a medical facility of the Department does not make a [[Page H2919]] certification under subsection (a)(1) for any year, each covered official described in paragraph (2) may not receive an award or bonus under chapter 45 or 53 of title 5, United States Code, or any other award or bonus authorized under such title or title 38, United States Code, during the year following the year in which the certification was not made. (2) Covered official.--A covered official described in this paragraph is each official who serves in the following positions at a medical facility of the Department during a year, or portion thereof, for which the director does not make a certification under subsection (a)(1): (A) The director. (B) The chief of staff. (C) The associate director. (D) The associate director for patient care. (E) The deputy chief of staff. (d) Annual Report.--The Secretary shall annually submit to the Committees on Veterans' Affairs of the House of Representative and the Senate a report containing, with respect to the year covered by the report-- (1) a list of each medical facility of the Department for which a certification was made under subsection (a)(1); and (2) a list of each medical facility of the Department for which such a certification was not made, including a copy of each report submitted to the Secretary under subsection (b). SEC. 5. UNIFORM APPLICATION OF DIRECTIVES AND POLICIES OF DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--The Secretary of Veterans Affairs shall ensure that the directives and policies of the Department of Veterans Affairs apply to each office or facility of the Department in a uniform manner. (b) Notification.--If the Secretary does not uniformly apply the directives and policies of the Department pursuant to subsection (a), including by waiving such a directive or policy with respect to an office, facility, or element of the Department, the Secretary shall notify the Committees on Veterans' Affairs of the House of Representative and the Senate of such nonuniform application, including an explanation for the nonuniform application. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Florida (Mr. Miller) and the gentlewoman from Florida (Ms. Brown) each will control 20 minutes. The Chair recognizes the gentleman from Florida. General Leave Mr. MILLER of Florida. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Florida? There was no objection. Mr. MILLER of Florida. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 3956, as amended, the VA Health Center Management Stability and Improvement Act. H.R. 3956, as amended, is sponsored by my good friend, colleague, and fellow committee member, Congressman Bost of Illinois. H.R. 3956, as amended, also contains provisions from H.R. 4977, the VA Scheduling Accountability Act, which is sponsored by Congresswoman Jackie Walorski from Indiana, who is also an active Veterans' Affairs Committee member. There has been a tremendous amount of turnover among the Department of Veterans Affairs medical center leaders in the last few years. According to the Deputy Secretary of VA Sloan Gibson, over half of Veterans Health Administration senior leader positions turned over from October 2013 to October 2015. Without consistent, high-quality leadership in VA medical centers, our veterans aren't being served as well as they could be or they should be. H.R. 3956, as amended, would direct VA to develop and implement a plan to hire a director for each VA medical center without a permanent director and prioritize hiring at VA medical centers that have not had a permanent director for the longest periods of time. Once stable leadership is in place, we need to ensure that they are held accountable. One of the contributing factors behind the access to care crisis that plagued the VA healthcare system in 2014 was the failure of VA medical centers to comply with VA scheduling policies. To avoid that in the future, H.R. 3956, as amended, would require VA to ensure that directives and policies apply uniformly across the entire department and require VA medical center directors to annually certify compliance with the scheduling directive or any successor directive that replaces it. If a facility fails to comply, leaders at that facility would be prohibited from receiving a bonus. I am grateful to both Congressman Bost and Congresswoman Walorski for their efforts on this legislation on behalf of our Nation's veterans. Mr. Speaker, I urge my colleagues to support the passage of H.R. 3956, as amended. I reserve the balance of my time. Ms. BROWN of Florida. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today in support of H.R. 3956, as amended. This bill finds that multiple VA centers are managed by acting or temporary directors--some of these centers have lacked a permanent director for a long time; there are time limits as to how long a Senior Executive Service employee can be placed in a temporary position--that there is frequent turnover of medical center directors, impeding the medical center's ability to engage in long-term planning and other necessary functions; and that the VA should develop a comprehensive plan to recruit permanent directors at each medical center that lacks a permanent director. This bill requires the VA to come up with a plan to fill all of the positions that are not currently held by a permanent director. They then will report back to Congress on their progress. Mr. Speaker, I reserve the balance of my time. Mr. MILLER of Florida. Mr. Speaker, I yield 3 minutes to the gentleman from the 12th District of Illinois (Mr. Bost), the sponsor of this legislation. Mr. BOST. Mr. Speaker, as a marine and the father of a marine, I understand it takes leadership to win a battle. However, at VA medical centers across this country, we have seen a revolving door of temporary directors that has made it difficult to implement the long-term reforms our heroes deserve. This first came to my attention in my own backyard. Many southern Illinois veterans receive treatment at the VA Medical Center in St. Louis. This facility has struggled to find a permanent director since July 14, 2013. That is 34 months ago. It is a similar story at roughly three dozen other VA hospitals nationwide. Part of the problem is rooted in the fact that the Office of Personnel Management only allows temporary directors to serve a term of 120 to 240 days. How are we ever going to clean up the VA if no one is around long enough to do it? That is why I introduced H.R. 3956, the VA Health Center Management Stability and Improvement Act. My bipartisan legislation, introduced with Congressman Costa, will help close the revolving door at the VA clinics. It requires the VA to report to Congress on any unfilled vacancies and identify roadblocks that may have led to the problem to begin with. It requires the VA to develop a plan of action for hiring highly qualified and permanent directors for each and every opening. It tells the VA to access opportunities for promoting and training high- performing candidates from within the organization. The status quo is unacceptable, as it determines the quality, consistency, and speed of care that our veterans receive. Mr. Speaker, I urge my colleagues to join The American Legion, AMVETS, Disabled Veterans of America, and other service organizations by supporting this legislation. Ms. BROWN of Florida. Mr. Speaker, I urge passage of H.R. 3956, as amended. I yield back the balance of my time. Mr. MILLER of Florida. Mr. Speaker, I yield 3 minutes to the gentlewoman from the Second District of Indiana (Mrs. Walorski) Mrs. WALORSKI. I thank the chairman for all his hard work on many VA issues in reference to veterans. Mr. Speaker, I rise today in support of H.R. 3956, the VA Health Center Management Stability and Improvement Act. This legislation includes my bill, the VA Scheduling Accountability Act, which locks in a crucial measure of oversight over VA scheduling practices. Hearings held by the Veterans' Affairs Committee and investigations by the VA inspector general and the GAO have, unfortunately, substantiated many of the allegations of manipulated schedules and falsified wait time data at VA facilities across the country. [[Page H2920]] VA Directive 2010-027 contains the VA's policy for appointment scheduling processes and procedures. It contains a checklist with 19 different items, such as ensuring that a patient's desired appointment date is not altered and that the staff have appropriate training. Importantly, the directive requires each facility to annually certify its full compliance with all 19 items. However, an August 2014 VA Office of Inspector General report uncovered that in May of 2013, a senior VA official waived the certification requirement for FY 2013. This essentially put facilities on the honor system by allowing them to only self-certify. Without this crucial accountability mechanism, bad actors were given free rein to manipulate the wait time data and allow compliance with scheduling practices to deteriorate. Meanwhile, veterans died waiting for appointments while others faced delays in getting the critical care they needed. I am glad that the VA has reinstated the certification requirement, but I am concerned there is nothing stopping them from waiving it again. H.R. 3956, the VA Scheduling Accountability Act, requires each facility director to annually certify compliance with the scheduling directive, or any successive directive that replaces it, and, most importantly, prohibits any future waivers. In addition, it prohibits the VA from giving bonuses to directors if their facility fails to certify compliance, and it requires the VA to report to Congress a list of facilities not in compliance. This will provide more oversight of the VA, ensure Congress is aware on noncompliant facilities, and end the reckless practice of self-certification. Mr. Speaker, I urge my colleagues to support this commonsense bill and the underlying legislation. Mr. MILLER of Florida. Mr. Speaker, I ask my colleagues to support this important piece of legislation. Mr. Speaker, yield back the balance of my time. The SPEAKER pro tempore. The question is on the motion offered by the gentleman from Florida (Mr. Miller) that the House suspend the rules and pass the bill, H.R. 3956, as amended. The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill, as amended, was passed. The title of the bill was amended so as to read: ``A bill to direct the Secretary of Veterans Affairs to develop and implement a plan to hire directors of the medical centers of the Department of Veterans Affairs, and for other purposes.''. A motion to reconsider was laid on the table. ____________________