To amend title 38, United States Code, to provide for the removal or demotion of employees of the Department of Veterans Affairs based on performance or misconduct, and for other purposes.
VA Accountability First Act of 2017
(Sec. 3) This bill revises the authority of the Department of Veterans Affairs (VA) to remove, demote by a reduction in grade and pay, or suspend a VA employee, including a member in a senior executive position, for reasons of performance or misconduct.
A demoted individual shall not be placed on administrative leave during the appeals period and may receive pay only if he or she reports for duty or is approved to use certain accrued unused leave.
An expedited appeals process is established for such VA decisions, including the right to appeal to the Merit Systems Protection Board.
The VA may not remove, demote, or suspend an employee: (1) without the approval of the Special Counsel if the individual seeks corrective action from the Office of Special Counsel based on an alleged prohibited personnel practice, and (2) until a final decision in the case of a whistle-blower complaint.
Whistle-blower protections are revised, including to prohibit the VA from taking any such action against a person who has a pending whistle-blower complaint.
(Sec. 4) The VA shall reduce the federal annuity of an individual removed from the VA Senior Executive Service (SES) who is convicted of a felony that influenced his or her performance while employed in such position.
The VA may: (1) reduce the federal annuity of an individual who was convicted of such a felony and was subject to removal or transfer from the SES but who left the VA before final action was taken; and (2) recoup an award, a bonus, or relocation expenses paid to a VA employee under specified circumstances.
(Sec. 8) The VA may directly appoint qualifying individuals to the positions of Medical Center Director and Director of Veterans Integrated Service Network.
(Sec. 9) The bill revises time periods for adverse action reviews with respect to physicians, dentists, podiatrists, chiropractors, optometrists, registered nurses, physician assistants, and expanded-function dental auxiliaries.
(Sec. 10) The VA shall report to Congress annually on performance awards and bonuses awarded to certain high-level employees.
(Sec. 11) The VA shall: (1) ensure that supervisors are evaluated on actions taken to improve employee performance, and (2) provide supervisors with training on whistle-blower protections.
Read twice and referred to the Committee on Veterans' Affairs.
Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.
DEBATE - Pursuant to the provisions of H.Res. 198, the Committee of the Whole proceeded with 10 minutes of debate on the Walz Part A amendment No. 2.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Walz Part A amendment No. 2, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Walz demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
DEBATE - Pursuant to the provisions of H. Res. 198, the Committee of the Whole proceeded with 10 minutes of debate on the Kuster(NH) Part A amendment No. 4.
DEBATE - Pursuant to the provisions of H. Res. 198, the Committee of the Whole proceeded with 10 minutes of debate on the Taylor Part A amendment No. 6.
DEBATE - Pursuant to the provisions of H. Res. 198, the Committee of the Whole proceeded with 10 minutes of debate on the Tenney Part A amendment No. 7.
DEBATE - Pursuant to the provisions of H. Res. 198, the Committee of the Whole proceeded with 10 minutes of debate on the Kuster(NH) Part A amendment No. 8.
DEBATE - Pursuant to the provisions of H. Res. 198, the Committee of the Whole proceeded with 10 minutes of debate on the Takano Part A amendment No. 9.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Takano Part A amendment No. 9, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Takano demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
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Read twice and referred to the Committee on Veterans' Affairs.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was on adoption of amendments, which had been debated earlier and on which further proceedings had been postponed.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1259.
The previous question was ordered pursuant to the rule.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H2122-2125)
Mr. Kihuen moved to recommit with instructions to the Committee on Veterans' Affairs. (text: CR H2133)
DEBATE - The House proceeded with 10 minutes of debate on the motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add language to the bill further defining protections to whistleblowers who file complaints.
The previous question on the motion to recommit with instructions was ordered without objection.
On motion to recommit with instructions Failed by recorded vote: 189 - 229 (Roll no. 167).
Roll Call #167 (House)Passed/agreed to in House: On passage Passed by recorded vote: 237 - 178 (Roll no. 168).
Roll Call #168 (House)On passage Passed by recorded vote: 237 - 178 (Roll no. 168).
Roll Call #168 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.