,,ii  #aacth ,,congress  #b;d ,session  
,s4 #bdai  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #c1 #bjad
 ,mr4 ,toomey introduced the following  
bill2 which was read twice and referred 
to the ,committee on ,veterans' ,affairs
  ,a ,,bill  ,to protect ,america's     
veterans from dishonesty and malfeasance
 in the delivery of medical services and
 to hold the ,department of ,veterans   
,affairs accountable to those they      
serve4  #a4 ,short title  ,this ,act may
 be cited as the ,,va ,accountability   
,act of #bjad4  #b4 ,definitions ,in    
this ,act3  7#a7 ,health information    
,the term health information means any  
information1 whether oral or recorded in
 any form or medium1 that relates to--  
7,a7 the past1 present1 or future       
physical or mental health or condition  
of an individual2  7,b7 the provision of
 health care to an individual2 or  7,c7 
the past1 present1 or future payment for
 the provision of health care to an     
individual4  7#b7 ,,va health record    

,the term ,,va health record means any  
item1 collection1 or grouping of        
information about an individual that is 
maintained by the ,department of        
,veterans ,affairs and that contains or 
relates to the health information of the
 individual4  #c4 ,prohibited ,acts ,it 
shall be a violation of this ,act for   
any officer1 employee1 or agent of the  
,department of ,veterans ,affairs to--  
7#a7 knowingly falsify any health       
information in the ,,va health record of
 an individual2  7#b7 knowingly destroy 
any health information or exclude any   
health information from the ,,va health 
record of an individual with the intent 
to defraud--  7,a7 the individual2  7,b7
 an employee or officer of the ,united  
,states ,government2 or  7,c7 a ,member 
of ,congress2  7#c7 direct another      
individual to commit conduct described  
in paragraph 7#a7 or 7#b72 or  7#d7 know
 of the commission of conduct described 
in paragraph 7#a71 7#b71 or 7#c7 by an  
individual under his or her supervision1

 and fail to stop1 if possible1 or      
report to a superior the commission of  
that conduct4  #d4 ,cause of ,action and
 ,remedies  7a7 ,cause of ,action  7#a7 
,in general  ,an individual aggrieved by
 a violation of this ,act by an officer1
 employee1 or agent of the ,department  
of ,veterans ,affairs may bring a civil 
action against the officer1 employee1 or
 agent in an appropriate district court 
of the ,united ,states for damages or   
other legal or equitable relief4  7#b7  
,considerations ,in determining whether 
to award compensatory damages or        
restitution in a civil action brought   
under this section and in calculating   
the amount of any such damages1 the     
court--  7,a7 shall consider the amount 
of benefits the officer1 employee1 or   
agent is entitled to collect from the   
,department of ,veterans ,affairs       
relating to service for the ,department1
 including retirement benefits2 and     
7,b7 may include the amount of those    
benefits1 or a percentage of the amount 

of those benefits1 in calculating the   
amount of any damages awarded4  7b7     
,attorneys' ,fees and ,expert ,fees     
7#a7 ,attorneys' fees ,in a civil action
 brought under this section1 the court1 
in its discretion1 may award to the     
prevailing party1 other than the ,united
 ,states1 reasonable attorneys' fees4   
7#b7 ,expert fees ,in awarding          
attorneys' fees under this subsection1  
the court1 in its discretion1 may       
include fees related to the hiring of   
experts as part of the attorneys' fees  
awarded4  7c7 ,no preemption ,the rights
 and remedies created by this section   
shall be in addition to1 and do not     
preempt1 any other rights and remedies  
available under ,federal or ,state law4 
#e4 ,effects on ,employment and         
,benefits ,notwithstanding any other    
provision of law1 including title #e1   
,united ,states ,code1 or any contract1 
on and at any time after the date on    
which a court enters final judgment in  
an action brought under section #d in   

which the court determines that the     
officer1 employee1 or agent violated    
this ,act1 the ,secretary of ,veterans  
,affairs may1 without prior notice--    
7#a7 terminate the officer1 employee1 or
 agent without cause2 and  7#b7 may     
terminate any or all of the benefits of 
the officer1 employee1 or agent relating
 to service as an officer1 employee1 or 
agent1 including retirement benefits1   
without cause4  #f4 ,retroactive ,effect
 ,this ,act shall apply to conduct      
committed before1 on1 or after the date 
of the enactment of this ,act4