,,ii  #aafth ,,congress  #ast ,session  
,s4 #aed  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,january #af1 #bjai 
,mr4 ,tester 7for himself1 ,mr4         
,blumenthal1 ,ms4 ,baldwin1 ,mrs4       
,murray1 ,mr4 ,kaine1 ,mr4 ,bennet1 and 
,ms4 ,sinema7 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 improve       
oversight of contracts for services and 
financial processes of the ,department  
of ,veterans ,affairs1 and for other    
purposes4  #a4 ,short title  ,this ,act 
may be cited as the ,department of      
,veterans ,affairs ,contract1           
,leadership1 and ,ensuring              
,accountability and ,reform ,act of     
#bjai or the ,,va ,,clear ,act of #bjai4
  #b4 ,improving oversight of contracts 
for services of the ,department of      
,veterans ,affairs  7a7 ,in general     
,section #eac of title #ch1 ,united     
,states ,code1 is amended-- 7#a7 in the 

first sentence1 by striking ,the        
,secretary may1 for and inserting the   
following3  7a7 ,in general ,the        
,secretary may1 for  2 and  7#b7 by     
adding at the end the following new     
subsection3  7b7 ,contract requirements 
,the ,secretary shall ensure that each  
contract for a service into which the   
,secretary enters under subsection 7a7  
includes the following3  7#a7           
,measurable metrics to ascertain the    
performance of the provider of the      
service1 relating to cost1 schedule1 and
 fulfillment of contract requirements4  
7#b7 ,a plan of action and milestones   
for the provision of the service1 with  
estimates of the dates on which         
significant portions of the contract    
will be completed and a description of  
the resources the service provider will 
assign to provide the service4  7#c7    
,safeguards to ensure that the service  
provided meets a minimum threshold of   
quality determined by the ,secretary1   
including authority for the ,secretary  

to levy a financial penalty upon the    
service provider if the service provided
 fails to meet such threshold4  7#d7    
,measurable metrics relating to the use 
of award or incentive fees4  7#e7 ,a    
requirement that the service provider   
documents through information technology
 systems of the ,department the work of 
the service provider so that the        
,secretary can review and validate the  
quality of the service provided using   
the metrics set forth in the contract   
under paragraph 7#a74  7c7 ,reporting   
requirements  7#a7 ,for each contract   
for a service into which the ,secretary 
enters under subsection 7a7-- 7,a7 not  
later than #de days after the last day  
of each quarter for the duration of the 
contract1 the ,secretary shall submit to
 the ,committee on ,veterans' ,affairs  
of the ,senate and the ,committee on    
,veterans' ,affairs of the ,house of    
,representatives--  7i7 a report on the 
service provided under the contract and 
an assessment as to how such service    

compares with respect to the metrics set
 forth in the contract under subsection 
7b77#a72 and  7ii7 a report that details
 the significant modifications made to  
the contract1 if any1 and a             
justification for such modifications2   
and  7,b7 publish on the internet       
website of the ,department information  
about the contract and the significant  
modifications made to the contract1 if  
any4  7#b7 ,whenever the ,secretary     
provides notice to a service provider   
that the service provider is failing to 
meet obligations pursuant to a contract 
entered under subsection 7a71 the       
,secretary 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 such       
failure that includes the following3    
7,a7 ,an explanation of the reasons for 
providing such notice4  7,b7 ,a         
description of the effect of such       
failure1 including with respect to cost1

 schedule1 and requirements4  7,c7 ,a   
description of the actions taken by the 
,secretary to mitigate such failure4    
7,d7 ,a description of the actions taken
 by the contractor to address such      
failure4  4  7b7 ,effective date        
,subsections 7b7 and 7c7 of section #eac
 of such title1 as added by subsection  
7a71 shall take effect on the date of   
the enactment of this ,act4  7c7        
,applicability  7#a7 ,in general        
,subsections 7b7 and 7c7 of such        
section1 as so added1 shall apply with  
respect to contracts entered into by the
 ,secretary of ,veterans ,affairs on or 
after the date that is one year before  
the date of the enactment of this ,act4 
7#b7 ,certain reporting requirements    
,subsection 7c77#a77;,a7 of such        
section1 as so added1 shall apply with  
respect to quarters that begin after the
 date of the enactment of this ,act4    
#c4 ,heightened oversight for contracts 
for services of the ,department of      
,veterans ,affairs of more than         

#b1jjj1jjj1jjj  7a7 ,in general ,section
 #eac of title #ch1 ,united ,states     
,code1 as amended by section #b1 is     
further amended by adding at the end the
 following new subsections3  7d7        
,justification and plan for certain     
contracts ,in each case of a contract   
for a service into which the ,secretary 
enters under subsection 7a7 that would  
result in the ,department incurring an  
obligation of more than #b1jjj1jjj1jjj1 
not later than #bj days after the date  
of the contract award1 the ,secretary   
shall submit to the ,committee on       
,veterans' ,affairs of the ,senate and  
the ,committee on ,veterans' ,affairs of
 the ,house of ,representatives--  7#a7 
a justification of the need for the     
contract1 including an explanation of   
why the ,department is unable to perform
 the service2 and  7#b7 a plan for how  
the ,department will fund the contract  
in future years4  7e7 ,review of certain
 contracts ,in each case of a contract  
for a service into which the ,secretary 

enters under subsection 7a7 that would  
result in the ,department incurring an  
obligation of more than #b1jjj1jjj1jjj1 
after the first year of service of such 
contract1 the ,inspector ,general of the
 ,department and the ,comptroller       
,general of the ,united ,states shall   
each complete a review of the contract--
  7#a7 to determine whether the metrics 
included in the contract were met2 and  
7#b7 to review the appropriateness of   
funds expended for the contract4  4  7b7
 ,effective date ,subsections 7d7 and   
7e7 of section #eac of such title1 as   
added by subsection 7a71 shall take     
effect on the date of the enactment of  
this ,act4  7c7 ,applicability  7#a7 ,in
 general ,subsections 7d7 and 7e7 of    
such section1 as so added1 shall apply  
with respect to contracts entered into  
by the ,secretary of ,veterans ,affairs 
on or after the date that is one year   
before the date of the enactment of this
 ,act4  7#b7 ,justification and plan for
 certain contracts ,with respect to     

contracts described in subsection 7d7 of
 such section1 as so added1 that were   
entered into by the ,secretary on or    
before the date of the enactment of this
 ,act1 the ,secretary shall submit the  
justification and plan required by such 
subsection not later than #bj days after
 the date of the enactment of this ,act 
in lieu of #bj days after the date of   
the contract award as otherwise required
 by such subsection4  #d4 ,oversight and
 accountability of financial processes  
of the ,department of ,veterans ,affairs
  7a7 ,independent review of financial  
processes  7#a7 ,in general ,not later  
than #ij days after the date of the     
enactment of this ,act1 the ,secretary  
of ,veterans ,affairs shall enter into a
 contract with an independent third     
party--  7,a7 to review and audit the   
financial processes1 including reporting
 structures1 and actuarial and          
estimation models of the ,department of 
,veterans ,affairs2  7,b7 to develop    
recommendations for improving such      

structures2 and  7,c7 to complete such  
review and development not later than   
#ahj days after the date on which the   
,secretary and the independent third    
party enter into the contract4  7#b7    
,implementation plan ,not later than #fj
 days after the completion of the review
 and development required by paragraph  
7#a71 the ,secretary shall submit to the
 ,committee on ,veterans' ,affairs of   
the ,senate and the ,committee on       
,veterans' ,affairs of the ,house of    
,representatives a plan to implement the
 recommendations developed under        
subparagraph 7,b7 of such paragraph4    
7b7 ,plans for use of supplemental      
appropriations required ,whenever the   
,secretary submits to ,congress1 to     
address a budgetary issue affecting the 
,department of ,veterans ,affairs1 a    
request for supplemental appropriations 
or any other appropriation when the     
request is submitted outside the        
standard budget process1 the ,secretary 
shall1 not later than #de days before   

the date on which such budgetary issue  
would start affecting a program or      
service1 submit to ,congress a          
justification for the request1          
including--  7#a7 a plan that details   
how the ,secretary intends to use the   
requested appropriation and how long the
 requested appropriation is expected to 
meet the needs of the ,department2 and  
7#b7 a certification as to whether the  
request was made using an updated and   
sound actuarial analysis4  #e4          
,testimonial subpoena authority of the  
,inspector ,general of the ,department  
of ,veterans ,affairs ,section #cab of  
title #ch1 ,united ,states ,code1 is    
amended by adding at the end the        
following new subsection3  7c7 7#a7 7,a7
 ,in addition to the authority otherwise
 provided by the ,inspector ,general    
,act of #aigh 7#e ,u4,s4,c4 ,app47 and  
in accordance with the requirements of  
this subsection1 the ,inspector         
,general1 in carrying out the provisions
 of this section1 may require by        

subpoena the attendance and testimony of
 witnesses as necessary in the          
performance of the functions assigned to
 the ,inspector ,general by the         
,inspector ,general ,act of #aigh 7#e   
,u4,s4,c4 ,app47 and this section1 which
 in the case of contumacy or refusal to 
obey1 such subpoena shall be enforceable
 by order of any appropriate district   
court of the ,united ,states4  7,b7 ,an 
,inspector ,general may not require by  
subpoena the attendance and testimony of
 any current ,federal employees1 but may
 use other authorized procedures4  7#b7 
,the authority to issue a subpoena under
 paragraph 7#a7 may not be delegated4   
7#c7 7,a7 ,if the ,inspector ,general   
intends to issue a subpoena1 the        
,inspector ,general shall notify the    
,attorney ,general of such intent4  7,b7
 ,not later than #aj days after the date
 on which the ,attorney ,general is     
notified pursuant to paragraph 7#a71 the
 ,attorney ,general may object to the   
issuance of the subpoena if the subpoena

 will interfere with an ongoing         
investigation and1 if the ,attorney     
,general makes such an objection1 the   
,inspector ,general may not issue the   
subpoena4  7,c7 ,if the ,attorney       
,general does not object to the issuance
 of the subpoena during the #aj-;day    
period described in subparagraph 7,b71  
the ,inspector ,general may issue the   
subpoena4  4  #f4 ,centralized systems  
for certain records of the ,department  
of ,veterans ,affairs  7a7              
,administrative investigation boards    
,the ,secretary of ,veterans ,affairs   
shall implement a centralized system in 
which completed reviews of              
administrative investigation boards are 
recorded and maintained4  7b7 ,referrals
 of clinicians to licensing boards ,the 
,under ,secretary for ,health of the    
,department of ,veterans ,affairs shall 
implement a centralized system for      
tracking instances in which the         
,department has referred a clinician to 
the licensing board of a ,state because 

of the behavior of the clinician or     
clinical outcomes4