[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3956 Engrossed in House (EH)]
<DOC>
114th CONGRESS
2d Session
H. R. 3956
_______________________________________________________________________
AN ACT
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.
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 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.
Passed the House of Representatives May 23, 2016.
Attest:
Clerk.
114th CONGRESS
2d Session
H. R. 3956
_______________________________________________________________________
AN ACT
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.