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Title IV — Health Care Administrative Matters

H.R. 4841 · 113th Congress · Jun 11, 2014 · Lineage

IV Health Care Administrative Matters

Sec. 401 Improvement of access of veterans to mobile vet centers of the Department of Veterans Affairs

(a)
Improvement of access—
(1)
In general— The Secretary of Veterans Affairs shall improve the access of veterans to telemedicine and other health care through the use of mobile vet centers of the Department of Veterans Affairs by providing standardized requirements for the operation of such centers.
(2)
Requirements— The standardized requirements required by paragraph (1) shall include the following:
(A)
The number of days each mobile vet center of the Department is expected to travel per year.
(B)
The number of locations each center is expected to visit per year.
(C)
The number of appointments each center is expected to conduct per year.
(D)
The method and timing of notifications given by each center to individuals in the area to which such center is traveling, including notifications informing veterans of the availability to schedule appointments at the center.
(3)
Use of telemedicine— The Secretary shall ensure that each mobile vet center of the Department has the capability to provide telemedicine services.
(b)
Reports— Not later than one year after the date of the enactment of this Act, and not later than September 30 each year thereafter, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the following:
(1)
The use of mobile vet centers to provide telemedicine services to veterans during the year preceding the submittal of the report, including the following:
(A)
The number of days each mobile vet center was open to provide such services.
(B)
The number of days each mobile vet center traveled to a location other than the headquarters of the mobile vet center to provide such services.
(C)
The number of appointments each center conducted to provide such services on average per month and in total during such year.
(2)
An analysis of the effectiveness of using mobile vet centers to provide health care services to veterans through the use of telemedicine.
(3)
Any recommendations for an increase in the number of mobile vet centers of the Department.
(4)
Any recommendations for an increase in the telemedicine capabilities of each mobile vet center.
(5)
The feasibility and advisability of using temporary health care providers, including locum tenens, to provide direct health care services to veterans at mobile vet centers.
(6)
Such other recommendations on improvement of the use of mobile vet centers by the Department as the Secretary considers appropriate.

Sec. 402 Commission on construction projects of the Department of Veterans Affairs

(a)
Establishment of commission—
(1)
Establishment— There is established an Independent Commission on Department of Veterans Affairs Construction Projects (in this section referred to as the “Commission”).
(2)
Membership—
(A)
Voting members— The Commission shall be composed of 10 voting members as follows:
(i)
Three members to be appointed by the President from among members of the National Academy of Engineering who are nominated under subparagraph (B).
(ii)
Three members to be appointed by the President from among members of the National Institute of Building Sciences who are nominated under subparagraph (B).
(iii)
Four members to be appointed by the President from among veterans enrolled in the patient enrollment system of the Department of Veterans Affairs under section 1705 of title 38, United States Code, who are nominated under subparagraph (B).
(B)
Nomination of voting members— The majority leader of the Senate, the minority leader of the Senate, the speaker of the House of Representatives, and the minority leader of the House of Representatives shall jointly nominate not less than 24 individuals to be considered by the President for appointment under subparagraph (A).
(C)
Nonvoting members— The Commission shall be composed of the following nonvoting members:
(i)
The Comptroller General of the United States, or designee.
(ii)
The Secretary of Veterans Affairs, or designee.
(iii)
The Inspector General of the Department of Veterans Affairs, or designee.
(D)
Date of appointment of members— The appointments of the members of the Commission under subparagraph (A) shall be made not later than 14 days after the date of the enactment of this Act.
(3)
Period of appointment; vacancies— Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.
(4)
Initial meeting— Not later than five days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting.
(5)
Meetings— The Commission shall meet at the call of the Chairperson.
(6)
Quorum— A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.
(7)
Chairperson and vice chairperson— The Commission shall select a Chairperson and Vice Chairperson from among its members.
(b)
Duties of commission—
(1)
Review— The Commission shall review current construction and maintenance projects and the medical facility leasing program of the Department of Veterans Affairs to identify any problems experienced by the Department in carrying out such projects and program.
(2)
Reports—
(A)
Commission report— Not later than 120 days after the date of the enactment of this Act, the Commission shall submit to the Secretary of Veterans Affairs, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives a report setting forth recommendations, if any, for improving the manner in which the Secretary carries out the projects and program specified in paragraph (1).
(B)
Department report— Not later than 60 days after the submittal of the report under subparagraph (A), the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the feasibility and advisability of implementing the recommendations of the Commission, if any, included in the report submitted under such subparagraph, including a timeline for the implementation of such recommendations.
(c)
Powers of commission—
(1)
Hearings— The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section.
(2)
Information from Federal agencies— The Commission may secure directly from any Federal agency such information as the Commission considers necessary to carry out this section. Upon request of the Chairperson of the Commission, the head of such agency shall furnish such information to the Commission.
(d)
Commission personnel matters—
(1)
Compensation of members— Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.
(2)
Travel expenses— The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.
(3)
Staff—
(A)
In general— The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission.
(B)
Compensation— The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.
(4)
Detail of government employees— Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
(5)
Procurement of temporary and intermittent services— The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.
(e)
Termination of commission— The Commission shall terminate 30 days after the date on which the Commission submits its report under subsection (b)(2)(A).

Sec. 403 Commission on Access to Care

(a)
Establishment of commission—
(1)
In general— There is established the Commission on Access to Care (in this section referred to as the “Commission”) to examine the access of veterans to health care from the Department of Veterans Affairs and strategically examine how best to organize the Veterans Health Administration, locate health care resources, and deliver health care to veterans during the 10- to 20-year period beginning on the date of the enactment of this Act.
(2)
Membership—
(A)
Voting members— The Commission shall be composed of 10 voting members who are appointed by the President as follows:
(i)
At least two members who represent an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code.
(ii)
At least one member from among persons who have experience as senior management for a private integrated health care system with an annual gross revenue of more than $50,000,000.
(iii)
At least one member from among persons who are familiar with government health care systems, including those systems of the Department of Defense, the Indian Health Service, and Federally-qualified health centers (as defined in section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B))).
(iv)
At least two members from among persons who are familiar with the Veterans Health Administration but are not current employees of the Veterans Health Administration.
(v)
At least two members from among persons who are veterans or eligible for hospital care, medical services, or other health care under the laws administered by the Secretary of Veterans Affairs.
(B)
Nonvoting members—
(i)
In general— In addition to members appointed under subparagraph (A), the Commission shall be composed of 10 nonvoting members who are appointed by the President as follows:
(I)
At least two members who represent an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code.
(II)
At least one member from among persons who have experience as senior management for a private integrated health care system with an annual gross revenue of more than $50,000,000.
(III)
At least one member from among persons who are familiar with government health care systems, including those systems of the Department of Defense, the Indian Health Service, and Federally-qualified health centers (as defined in section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B))).
(IV)
At least two members from among persons who are familiar with the Veterans Health Administration but are not current employees of the Veterans Health Administration.
(V)
At least two members from among persons who are veterans or eligible for hospital care, medical services, or other health care under the laws administered by the Secretary of Veterans Affairs.
(ii)
Additional nonvoting members— In addition to members appointed under subparagraph (A) and clause (i), the Commission shall be composed of the following nonvoting members:
(I)
The Comptroller General of the United States, or designee.
(II)
The Inspector General of the Department of Veterans Affairs, or designee.
(C)
Date— The appointments of members of the Commission shall be made not later than 60 days after the date of the enactment of this Act.
(3)
Period of appointment; vacancies— Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.
(4)
Initial meeting— Not later than 15 days after the date on which seven voting members of the Commission have been appointed, the Commission shall hold its first meeting.
(5)
Meetings— The Commission shall meet at the call of the Chairperson.
(6)
Quorum— A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.
(7)
Chairperson and Vice Chairperson— The Commission shall select a Chairperson and Vice Chairperson from among its members.
(b)
Duties of commission—
(1)
Evaluation and assessment— The Commission shall undertake a comprehensive evaluation and assessment of access to health care at the Department of Veterans Affairs.
(2)
Matters evaluated and assessed— The matters evaluated and assessed by the Commission shall include the following:
(A)
The appropriateness of current standards of the Department of Veterans Affairs concerning access to health care.
(B)
The measurement of such standards.
(C)
The appropriateness of performance standards and incentives in relation to standards described in subparagraph (A).
(D)
Staffing levels throughout the Veterans Health Administration and whether they are sufficient to meet current demand for health care from the Administration.
(E)
The results of the assessment conducted by an independent third party under section 101(a), including any data or recommendations included in such assessment.
(3)
Reports— The Commission shall submit to the President, through the Secretary of Veterans Affairs, reports as follows:
(A)
Not later than 90 days after the date of the initial meeting of the Commission, an interim report on—
(i)
the findings of the Commission with respect to the evaluation and assessment required by this subsection; and
(ii)
such recommendations as the Commission may have for legislative or administrative action to improve access to health care through the Veterans Health Administration.
(B)
Not later than 180 days after the date of the initial meeting of the Commission, a final report on—
(i)
the findings of the Commission with respect to the evaluation and assessment required by this subsection; and
(ii)
such recommendations as the Commission may have for legislative or administrative action to improve access to health care through the Veterans Health Administration.
(c)
Powers of the commission—
(1)
Hearings— The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section.
(2)
Information from Federal agencies— The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this section. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission.
(d)
Commission personnel matters—
(1)
Compensation of members— Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.
(2)
Travel expenses— The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.
(3)
Staff—
(A)
In general— The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission.
(B)
Compensation— The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.
(4)
Detail of government employees— Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
(5)
Procurement of temporary and intermittent services— The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.
(e)
Termination of the commission— The Commission shall terminate 30 days after the date on which the Commission submits its report under subsection (b)(3)(B).
(f)
Funding— The Secretary of Veterans Affairs shall make available to the Commission from amounts appropriated or otherwise made available to the Secretary such amounts as the Secretary and the Chairperson of the Commission jointly consider appropriate for the Commission to perform its duties under this section.
(g)
Executive action—
(1)
Action on recommendations— The President shall require the Secretary of Veterans Affairs and such other heads of relevant Federal departments and agencies to implement each recommendation set forth in a report submitted under subsection (b)(3) that the President—
(A)
considers feasible and advisable; and
(B)
determines can be implemented without further legislative action.
(2)
Reports— Not later than 60 days after the date on which the President receives a report under subsection (b)(3), the President shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives and such other committees of Congress as the President considers appropriate a report setting forth the following:
(A)
An assessment of the feasibility and advisability of each recommendation contained in the report received by the President.
(B)
For each recommendation assessed as feasible and advisable under subparagraph (A) the following:
(i)
Whether such recommendation requires legislative action.
(ii)
If such recommendation requires legislative action, a recommendation concerning such legislative action.
(iii)
A description of any administrative action already taken to carry out such recommendation.
(iv)
A description of any administrative action the President intends to be taken to carry out such recommendation and by whom.

Sec. 404 Improved performance metrics for health care provided by Department of Veterans Affairs

(a)
Prohibition on use of scheduling and wait-Time metrics in determination of performance awards— The Secretary of Veterans Affairs shall ensure that scheduling and wait-time metrics or goals are not used as factors in determining the performance of the following employees for purposes of determining whether to pay performance awards to such employees:
(1)
Directors, associate directors, assistant directors, deputy directors, chiefs of staff, and clinical leads of medical centers of the Department of Veterans Affairs.
(2)
Directors, assistant directors, and quality management officers of Veterans Integrated Service Networks of the Department of Veterans Affairs.
(b)
Modification of performance plans—
(1)
In general— Not later than 30 days after the date of the enactment of this Act, the Secretary shall modify the performance plans of the directors of the medical centers of the Department and the directors of the Veterans Integrated Service Networks to ensure that such plans are based on the quality of care received by veterans at the health care facilities under the jurisdictions of such directors.
(2)
Factors— In modifying performance plans under paragraph (1), the Secretary shall ensure that assessment of the quality of care provided at health care facilities under the jurisdiction of a director described in paragraph (1) includes consideration of the following:
(A)
Recent reviews by the Joint Commission (formerly known as the “Joint Commission on Accreditation of Healthcare Organizations”) of such facilities.
(B)
The number and nature of recommendations concerning such facilities by the Inspector General of the Department in reviews conducted through the Combined Assessment Program (CAP), in the reviews by the Inspector General of community based outpatient clinics and primary care clinics, and in reviews conducted through the Office of Healthcare Inspections during the two most recently completed fiscal years.
(C)
The number of recommendations described in subparagraph (B) that the Inspector General of the Department determines have not been carried out satisfactorily with respect to such facilities.
(D)
Reviews of such facilities by the Commission on Accreditation of Rehabilitation Facilities.
(E)
The number and outcomes of administrative investigation boards, root cause analysis, and peer reviews conducted at such facilities during the fiscal year for which the assessment is being conducted.
(F)
The effectiveness of any remedial actions or plans resulting from any Inspector General recommendations in the reviews and analyses described in subparagraphs (A) through (E).
(3)
Additional leadership positions— To the degree practicable, the Secretary shall assess the performance of other employees of the Department in leadership positions at Department medical centers, including associate directors, assistant directors, deputy directors, chiefs of staff, and clinical leads, and in Veterans Integrated Service Networks, including assistant directors and quality management officers, using factors and criteria similar to those used in the performance plans modified under paragraph (1).
(c)
Removal of certain performance goals— For each fiscal year that begins after the date of the enactment of this Act, the Secretary shall not include in the performance goals of any employee of a Veterans Integrated Service Network or medical center of the Department any performance goal that might disincentivize the payment of Department amounts to provide hospital care, medical services, or other health care through a non-Department provider.

Sec. 405 Improved transparency concerning health care provided by Department of Veterans Affairs

(a)
Publication of wait times—
(1)
Goals—
(A)
Initial— Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall publish in the Federal Register, and on an Internet website accessible to the public of each medical center of the Department of Veterans Affairs, the wait-time goals of the Department for the scheduling of an appointment by a veteran for the receipt of health care from the Department.
(B)
Subsequent changes—
(i)
In general— If the Secretary modifies the wait-time goals described in subparagraph (A), the Secretary shall publish the new wait-times goals—
(I)
on an Internet website accessible to the public of each medical center of the Department not later than 30 days after such modification; and
(II)
in the Federal Register not later than 90 days after such modification.
(ii)
Effective date— Any modification under clause (i) shall take effect on the date of publication in the Federal Register.
(C)
Goals described— Wait-time goals published under this paragraph shall include goals for primary care appointments, specialty care appointments, and appointments based on the general severity of the condition of the veteran.
(2)
Wait times at medical centers of the Department— Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall publish on an Internet website accessible to the public of each medical center of the Department the current wait time for an appointment for primary care and specialty care at the medical center.
(b)
Publicly available database of patient safety, quality of care, and outcome measures—
(1)
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary shall develop and make available to the public a comprehensive database containing all applicable patient safety, quality of care, and outcome measures for health care provided by the Department that are tracked by the Secretary.
(2)
Update frequency— The Secretary shall update the database required by paragraph (1) not less frequently than once each year.
(3)
Unavailable measures— For all measures that the Secretary would otherwise publish in the database required by paragraph (1) but has not done so because such measures are not available, the Secretary shall publish notice in the database of the reason for such unavailability and a timeline for making such measures available in the database.
(4)
Accessibility— The Secretary shall ensure that the database required by paragraph (1) is accessible to the public through the primary Internet website of the Department and through each primary Internet website of a Department medical center.
(c)
Hospital Compare website of Department of Health and Human Services—
(1)
Agreement required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into an agreement with the Secretary of Health and Human Services for the provision by the Secretary of Veterans Affairs of such information as the Secretary of Health and Human Services may require to report and make publicly available patient quality and outcome information concerning Department of Veterans Affairs medical centers through the Hospital Compare Internet website of the Department of Health and Human Services or any successor Internet website.
(2)
Information provided— The information provided by the Secretary of Veterans Affairs to the Secretary of Health and Human Services under paragraph (1) shall include the following:
(A)
Measures of timely and effective health care.
(B)
Measures of readmissions, complications of death, including with respect to 30-day mortality rates and 30-day readmission rates, surgical complication measures, and health care related infection measures.
(C)
Survey data of patient experiences, including the Hospital Consumer Assessment of Healthcare Providers and Systems or any similar successor survey developed by the Department of Health and Human Services.
(D)
Any other measures required of or reported with respect to hospitals participating in the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).
(3)
Unavailable information— For any applicable metric collected by the Department of Veterans Affairs or required to be provided under paragraph (2) and withheld from or unavailable in the Hospital Compare Internet website, the Secretary of Veterans Affairs shall publish a notice in the Federal Register stating the reason why such metric was withheld from public disclosure and a timeline for making such metric available, if applicable.
(d)
Comptroller General review of publicly available safety and quality metrics— Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the safety and quality metrics made publicly available by the Secretary of Veterans Affairs under this section to assess the degree to which the Secretary is complying with the provisions of this section.

Sec. 406 Information for veterans on the credentials of Department of Veterans Affairs physicians

(a)
Improvement of “Our Providers” Internet website links—
(1)
Availability through Department of Veterans Affairs homepage— A link to the “Our Providers” health care providers database of the Department of Veterans Affairs, or any successor database, shall be available on and through the homepage of the Internet website of the Department that is accessible to the public.
(2)
Information on location of residency training— The Internet website of the Department that is accessible to the public shall include under the link to the “Our Providers” health care providers database of the Department, or any successor database, the location of residency training of each licensed physician of the Department.
(3)
Information on physicians at particular facilities— The “Our Providers” health care providers database of the Department, or any successor database, shall identify whether each licensed physician of the Department is a physician in residency.
(b)
Information on credentials of physicians for veterans undergoing surgical procedures—
(1)
In general— Each veteran who is undergoing a surgical procedure by or through the Department shall be provided information on the credentials of the surgeon to be performing such procedure at such time in advance of the procedure as is appropriate to permit such veteran to evaluate such information.
(2)
Other individuals— If a veteran is unable to evaluate the information provided under paragraph (1) due to the health or mental competence of the veteran, such information shall be provided to an individual acting on behalf of the veteran.
(c)
Comptroller General report and plan—
(1)
Report— Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report setting forth an assessment by the Comptroller General of the following:
(A)
The manner in which contractors under the Patient-Centered Community Care initiative of the Department perform oversight of the credentials of physicians within the networks of such contractors under the initiative.
(B)
The oversight by the Department of the contracts under the Patient-Centered Community Care initiative.
(C)
The verification by the Department of the credentials and licenses of health care providers furnishing hospital care and medical services under section 301.
(2)
Plan—
(A)
In general— Not later than 30 days after the submittal of the report under paragraph (1), the Secretary shall—
(i)
submit to the Comptroller General, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives a plan to address any findings and recommendations of the Comptroller General included in such report; and
(ii)
submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a request for additional amounts, if any, that may be necessary to carry out such plan.
(B)
Implementation— Not later than 90 days after the submittal of the report under paragraph (1), the Secretary shall carry out such plan.

Sec. 407 Information in annual budget of the President on hospital care and medical services furnished through expanded use of contracts for such care

The materials on the Department of Veterans Affairs in the budget of the President for a fiscal year, as submitted to Congress pursuant to section 1105(a) of title 31, United States Code, shall set forth the following:
(1)
The number of veterans who received hospital care and medical services under section 301 during the fiscal year preceding the fiscal year in which such budget is submitted.
(2)
The amount expended by the Department on furnishing care and services under such section during the fiscal year preceding the fiscal year in which such budget is submitted.
(3)
The amount requested in such budget for the costs of furnishing care and services under such section during the fiscal year covered by such budget, set forth in aggregate and by amounts for each account for which amounts are so requested.
(4)
The number of veterans that the Department estimates will receive hospital care and medical services under such section during the fiscal years covered by the budget submission.
(5)
The number of employees of the Department on paid administrative leave at any point during the fiscal year preceding the fiscal year in which such budget is submitted.

Sec. 408 Prohibition on falsification of data concerning wait times and quality measures at Department of Veterans Affairs

Not later than 60 days after the date of the enactment of this Act, and in accordance with title 5, United States Code, the Secretary of Veterans Affairs shall establish policies whereby any employee of the Department of Veterans Affairs who knowingly submits false data concerning wait times for health care or quality measures with respect to health care to another employee of the Department or knowingly requires another employee of the Department to submit false data concerning such wait times or quality measures to another employee of the Department is subject to a penalty the Secretary considers appropriate after notice and an opportunity for a hearing, including civil penalties, unpaid suspensions, or termination.

Sec. 409 Removal of Senior Executive Service employees of the Department of Veterans Affairs for performance

(a)
Removal or transfer—
(1)
In general— Chapter 7 of title 38, United States Code, is amended by adding at the end the following new section:

“713. Senior Executive Service: removal based on performance

“(a) In general—The Secretary may remove any individual from the Senior Executive Service if the Secretary determines the performance of the individual warrants such removal. If the Secretary so removes such an individual, the Secretary may—

“(1) remove the individual from the civil service (as defined in section 2101 of title 5); or

“(2) transfer the individual to a General Schedule position at any grade of the General Schedule for which the individual is qualified and that the Secretary determines is appropriate.

“(b) Notice to Congress—Not later than 30 days after removing or transferring an individual from the Senior Executive Service under subsection (a), the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives notice in writing of such removal or transfer and the reason for such removal or transfer.

“(c) Procedure

“(1) The procedures under section 7543 of title 5 shall not apply to a removal or transfer under this section.

“(2)

“(A) Subject to subparagraph (B), any removal or transfer under subsection (a) may be appealed to the Merit Systems Protection Board under section 7701 of title 5.

“(B) An appeal under subparagraph (A) of a removal or transfer may only be made if such appeal is made not later than 7 days after the date of such removal or transfer.

“(d) Expedited review by Merit Systems Protection Board

“(1) The Merit Systems Protection Board shall expedite any appeal under section 7701 of title 5 of a removal or transfer under subsection (a) and, in any such case, shall issue a decision not later than 21 days after the date of the appeal.

“(2) In any case in which the Merit Systems Protection Board determines that it cannot issue a decision in accordance with the 21-day requirement under paragraph (1), the Merit Systems Protection Board shall submit to Congress a report that explains the reason why the Merit Systems Protection Board is unable to issue a decision in accordance with such requirement in such case.

“(3) There is authorized to be appropriated such sums as may be necessary for the Merit Systems Protection Board to expedite appeals under paragraph (1).

“(4) The Merit Systems Protection Board may not stay any personnel action taken under this section.

“(5) A person who appeals under section 7701 of title 5 a removal under subsection (a)(1) may not receive any pay, awards, bonuses, incentives, allowances, differentials, student loan repayments, special payments, or benefits from the Secretary until the Merit Systems Protection Board has made a final decision on such appeal.

“(6) A decision made by the Merit Systems Protection Board with respect to a removal or transfer under subsection (a) shall not be subject to any further appeal.”

(2)
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
(b)
Establishment of expedited review process—
(1)
In general— Not later than 30 days after the date of the enactment of this Act, the Merit Systems Protection Board shall establish and put into effect a process to conduct expedited reviews in accordance with section 713(d) of title 38, United States Code.
(2)
Inapplicability of certain regulations— Section 1201.22 of title 5, Code of Federal Regulations, as in effect on the day before the date of the enactment of this Act, shall not apply to expedited reviews carried out under section 713(d) of title 38, United States Code.
(3)
Report by Merit Systems Protection Board— Not later than 30 days after the date of the enactment of this Act, the Merit Systems Protection Board shall submit to Congress a report on the actions the Board plans to take to conduct expedited reviews under section 713(d) of title 38, United States Code, as added by subsection (a). Such report shall include a description of the resources the Board determines will be necessary to conduct such reviews and a description of whether any resources will be necessary to conduct such reviews that were not available to the Board on the day before the date of the enactment of this Act.
(c)
Temporary exemption from certain limitation on initiation of removal from Senior Executive Service— During the 120-day period beginning on the date of the enactment of this Act, an action to remove an individual from the Senior Executive Service at the Department of Veterans Affairs pursuant to section 713 of title 38, United States Code, as added by subsection (a), or section 7543 of title 5, United States Code, may be initiated, notwithstanding section 3592(b) of title 5, United States Code, or any other provision of law.
(d)
Construction— Nothing in this section or section 713 of title 38, United States Code, as added by subsection (a), 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.