,,ii  #aaeth ,,congress  #ast ,session  
,s4 #ajih  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #aa1 #bjag
 ,mr4 ,flake introduced the following   
bill2 which was read twice and referred 
to the ,committee on ,veterans' ,affairs
  ,a ,,bill  ,to amend title #ch1       
,united ,states ,code1 to prohibit the  
,secretary of ,veterans ,affairs from   
employing individuals who has been      
convicted of a felony and medical       
personnel who have had their medical    
licenses or credentials revoked or      
suspended1 and for other purposes4  #a4 
,short title ,this ,act may be cited as 
the ,clean ,up the ,department of       
,veterans ,affairs ,act of #bjag4  #b4  
,prohibition on employment by ,secretary
 of ,veterans ,affairs of individuals   
convicted of certain felonies and       
medical personnel who have had their    
medical licenses or credentials revoked 
or suspended  7a7 ,individuals convicted
 of felonies ,section #gji of title #ch1
 ,united ,states ,code1 is amended by   

adding at the end the following new     
subsections3  7d7 7#a7 ,except as       
provided in paragraph 7#b71 the         
,secretary may not-- 7,a7 hire in or    
transfer to any position at the         
,department any person who has been     
convicted of a ,state or ,federal       
criminal offense--  7i7 for which the   
minimum term of imprisonment is more    
than one year2 and  7ii7 that           
substantially relates to the position2  
or  7,b7 employ in any position at the  
,department any person who1 after the   
date of the enactment of the ,clean ,up 
the ,department of ,veterans ,affairs   
,act of #bjag1 is convicted of a        
criminal offense described in           
subparagraph 7,a74  7#b7 7,a7 ,paragraph
 7#a7 shall not apply with respect to a 
conviction of a ,state or ,federal      
criminal offense if--  7i7 the records  
of such conviction have been expunged   
pursuant to an order by a court of      
competent jurisdiction2 or  7ii7 during 
the #aj-year period beginning on the    

date of such conviction1 the person who 
was convicted of such criminal offense  
has not been convicted of any other     
,state or ,federal criminal offense for 
which the minimum term of imprisonment  
is more than one year4  7,b7 ,paragraph 
7#a7 shall not apply in a case in which 
the person being hired or transferred is
 being hired or transferred as part of a
 program intended specifically to help  
veterans who have been convicted of a   
,state or ,federal criminal offense for 
which the minimum term of imprisonment  
is more than one year4  7#c7 ,the       
,director of the ,office of ,personnel  
,management shall1 for purposes of      
paragraph 7#a71 issue guidance on which 
criminal offenses substantially relate  
to which positions at the ,department4  
7#d7 ,before hiring any individual for a
 position at the ,department1 the       
,secretary shall conduct a background   
check to determine whether the          
individual has been convicted of any    
offenses described in paragraph 7#a74  4

  7b7 ,prohibition on employment of     
individuals who have had medical        
licenses or credentials revoked or      
suspended  7#a7 ,in general ,section    
#gdjb of such title is amended by adding
 at the end the following new           
subsection3  7h7 7#a7 ,the ,secretary   
may not employ1 transfer1 or hire any   
individual in a position listed in      
section #gdja7a7 of this title who has  
had a license or credential relating to 
such position revoked or suspended by a 
lawful licensing authority pursuant to a
 finding by the lawful licensing        
authority that the individual is        
dyscompetent1 the individual is         
incompetent1 or the services provided by
 the individual do not meet the         
standards prescribed by the lawful      
licensing authority for such services4  
7#b7 ,before transferring or hiring any 
individual in a position listed in      
section #gdja7a7 of this title1 the     
,secretary shall conduct a background   
check1 including by searching the ,state

 medical licensing board of each ,state 
in which the employee is licensed or    
practices and the ,national             
,practitioner ,databank or any successor
 databank1 to determine whether the     
individual has had a license or         
credential relating to such position    
revoked or suspended in any ,state4  4  
7#b7 ,termination of current employees  
,as soon as practicable after the date  
of the enactment of this ,act1 the      
,secretary of ,veterans ,affairs shall  
begin the process of terminating the    
employment of each individual employed  
by the ,secretary in violation of       
section #gdjb7;h7 of title #ch1 ,united 
,states ,code1 as added by paragraph    
7#a74  7c7 ,relation to other provisions
 of law  7#a7 ,in general ,any provision
 of title #e1 ,united ,states ,code1 or 
subchapter ,v of chapter #gd of title   
#ch1 ,united ,states ,code1 otherwise   
applicable to the termination of an     
employee under subsection 7b77#b7 of    
this section1 section #gji7;d7 of title 

#ch1 ,united ,states ,code1 as added by 
subsection 7a71 or section #gdjb7;h7 of 
such title1 as added by subsection      
7b77#a71 shall apply to the termination1
 except to the extent such provision of 
title #e1 ,united ,states ,code1 or     
subchapter ,v of chapter #gd of title   
#ch1 ,united ,states ,code1 conflicts   
with1 and is superseded by1 subsection  
7b77#b7 of this section1 section        
#gji7;d7 of such title1 or section      
#gdjb7;h7 of such title4  7#b7 ,merit   
system principles ,the ,secretary shall 
carry out any termination described in  
paragraph 7#a7 in a manner consistent   
with the merit system principles set    
forth in section #bcja7;b7 of title #e1 
,united ,states ,code4  7#c7 ,limitation
 on period of review of appeals ,in any 
case in which an appeal of a termination
 described in paragraph 7#a7 of an      
employee is submitted to the ,merit     
,systems ,protection ,board for review1 
the ,merit ,systems ,protection ,board  
shall take such actions as may be       

necessary to ensure that1               
notwithstanding any other provision of  
law1 the ,board issues a decision on    
such appeal not later than #cj days     
after the date on which the employee    
receives notification from the          
,secretary of such termination4  7#d7   
,rule of construction ,subsection       
7b77#b71 section #gji7;d7 of title #ch1 
,united ,states ,code1 as added by      
subsection 7a71 and section #gdjb7;h7 of
 such title1 as added by subsection     
7b77#a71 shall not be construed to      
deprive or waive for any individual any 
employment protection or due process    
requirement in effect on the day before 
the date of the enactment of this ,act1 
except as provided in paragraph 7#a7 of 
this subsection4  #c4 ,disclosure of    
disciplinary action with respect to     
health care providers under the laws    
administered by the ,secretary of       
,veterans ,affairs  7a7 ,disclosure of  
disciplinary action with respect to     
health care employees ,notwithstanding  

section #eeb;a of title #e1 ,united     
,states ,code1 the ,secretary of        
,veterans ,affairs shall1 with respect  
to each individual appointed under      
section #gdja of title #ch1 ,united     
,states ,code1 for which disciplinary   
action has been taken by the ,secretary1
 provide to the ,state medical licensing
 board of each ,state in which the      
individual is licensed or practices1 and
 to the ,national ,practitioner         
,databank or any successor databank1    
information regarding such disciplinary 
action4  7b7 ,disclosure of disciplinary
 action with respect to non-,department 
providers  7#a7 ,in general             
,notwithstanding section #eeb;a of title
 #e1 ,united ,states ,code1 the         
,secretary of ,veterans ,affairs shall1 
with respect to each non-,department    
health care provider for which          
disciplinary action has been taken by   
the ,secretary1 provide to the ,state   
medical licensing board of each ,state  
in which the provider is licensed or    

practices1 and to the ,national         
,practitioner ,databank or any successor
 databank1 information regarding such   
disciplinary action4  7#b7 ,report to   
,congress ,not later than one year after
 the date of the enactment of this ,act1
 and not less frequently than annually  
thereafter1 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 all        
non-,department health care providers   
with respect to which disciplinary      
action was taken by the ,secretary      
during the year preceding the submittal 
of the report4  7#c7 ,non-,department   
health care provider defined ,in this   
subsection1 the term non-,department    
health care provider means a health care
 provider that is not a health care     
provider of the ,department of ,veterans
 ,affairs4