69–008 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–39 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1259) 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; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1367) TO 

IMPROVE THE AUTHORITY OF THE SECRETARY OF VETERANS AFFAIRS 

TO HIRE AND RETAIN PHYSICIANS AND OTHER EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS, AND FOR OTHER PURPOSES; AND 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1181) TO AMEND 

TITLE 38, UNITED STATES CODE, TO CLARIFY THE CONDITIONS UNDER 

WHICH CERTAIN PERSONS MAY BE TREATED AS ADJUDICATED MENTALLY INCOMPETENT FOR CERTAIN PURPOSES 

MARCH 15, 2017.—Referred to the House Calendar and ordered to be printed 

Mr. BUCK, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 198] 

The Committee on Rules, having had under consideration House 

Resolution 198, by a record vote of 8 to 3, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 1259, the VA 

Accountability First Act of 2017, under a structured rule. The resolution provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Veterans’ Affairs. The resolution waives all points of 

order against consideration of the bill. The resolution makes in 

order as original text for the purpose of amendment an amendment 

in the nature of a substitute consisting of the text of Rules Committee Print 115–7 and provides that it shall be considered as read. 

The resolution waives all points of order against that amendment 

in the nature of a substitute. The resolution makes in order only 

those further amendments printed in part A of this report. Each 

such amendment may be offered only in the order printed in this 

report, may be offered only by a Member designated in this report, 

shall be considered as read, shall be debatable for the time specified in this report equally divided and controlled by the proponent 

and an opponent, shall not be subject to amendment, and shall not 


lotter on DSK5VPTVN1PROD with HEARING
2 

be subject to a demand for division of the question in the House 

or in the Committee of the Whole. The resolution waives all points 

of order against the amendments printed in part A of this report. 

The rule provides one motion to recommit with or without instructions. 

Section 2 of the resolution provides for consideration of H.R. 

1367, to improve the authority of the Secretary of Veterans Affairs 

to hire and retain physicians and other employees of the Department of Veterans Affairs, and for other purposes, under a structured rule. The resolution provides one hour of general debate 

equally divided and controlled by the chair and ranking minority 

member of the Committee on Veterans’ Affairs. The resolution 

waives all points of order against consideration of the bill. The resolution makes in order as original text for the purpose of amendment an amendment in the nature of a substitute consisting of the 

text of Rules Committee Print 115–6 and provides that it shall be 

considered as read. The resolution waives all points of order 

against that amendment in the nature of a substitute. The resolution makes in order only those amendments printed in part B of 

this report. Each such amendment may be offered only in the order 

printed in this report, may be offered only by a Member designated 

in this report, shall be considered as read, shall be debatable for 

the time specified in this report equally divided and controlled by 

the proponent and an opponent, shall not be subject to amendment, 

and shall not be subject to a demand for division of the question 

in the House or in the Committee of the Whole. The resolution 

waives all points of order against the amendments printed in part 

B of this report. The resolution provides one motion to recommit 

with or without instructions. 

Section 3 of the resolution provides for consideration of H.R. 

1181, the Veterans 2nd Amendment Protection Act, under a closed 

rule. The resolution provides one hour of debate equally divided 

and controlled by the chair and ranking minority member of the 

Committee on Veterans’ Affairs. The resolution waives all points of 

order against consideration of the bill. The resolution provides that 

the bill shall be considered as read. The resolution waives all 

points of order against provisions in the bill. The resolution provides for one motion to recommit. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of H.R. 

1259, includes a waiver of clause 3(d)(1) of rule XIII, which requires the inclusion of a committee cost estimate. It is important 

to note that while a Congressional Budget Office (CBO) cost estimate on H.R. 1259 was not available at the time the Committee 

on the Veterans’ Affairs filed its report, a CBO cost estimate has 

since been made publicly available. 

Although the resolution waives all points of order against the 

amendment in the nature of a substitute to H.R. 1259 made in 

order as original text, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against the 

amendments to H.R. 1259 in part A of this report, the Committee 

is not aware of any points of order. The waiver is prophylactic in 

nature. 


lotter on DSK5VPTVN1PROD with HEARING
3 

The waiver of all points of order against consideration of H.R. 

1367, includes a waiver of clause 3(d)(1) of rule XIII, which requires the inclusion of a committee cost estimate. It is important 

to note that while a Congressional Budget Office (CBO) cost estimate on H.R. 1367 was not available at the time the Committee 

on the Veterans’ Affairs filed its report, a CBO cost estimate has 

since been made publicly available. 

Although the resolution waives all points of order against the 

amendment in the nature of a substitute to H.R. 1367 made in 

order as original text, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against the 

amendments to H.R. 1367 in part B of this report, the Committee 

is not aware of any points of order. The waiver is prophylactic in 

nature. 

Although the resolution waives all points of order against consideration of H.R. 1181, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against provisions in H.R. 1181, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 34 

Motion by Mr. Cole to report the rule. Adopted: 8–3 

Majority Members Vote Minority Members Vote 

Mr. Cole ............................................................ Yea Ms. Slaughter .................................................. ...................

Mr. Woodall ...................................................... Yea Mr. McGovern ................................................... Nay 

Mr. Burgess ...................................................... Yea Mr. Hastings of Florida ................................... Nay 

Mr. Collins ........................................................ Yea Mr. Polis ........................................................... Nay 

Mr. Byrne .......................................................... Yea 

Mr. Newhouse ................................................... ...................

Mr. Buck ........................................................... Yea 

Ms. Cheney ....................................................... Yea 

Mr. Sessions, Chairman ................................... Yea 

SUMMARY OF THE AMENDMENTS TO H.R. 1259 IN PART A MADE IN

ORDER

1. Roe (TN): MANAGER’S Inserts ‘‘to or’’ after the word ‘‘paid’’ 

on page 20, line 15. (10 minutes) 

2. Walz (MN): Grants the VA Secretary improved authorities to 

hold VA senior executives and employees accountable, protects employees’ constitutionally guaranteed due process rights, and protects employees’ collective bargaining rights under federal law. (10 

minutes) 

3. Hanabusa, Colleen (HI): Allows the Secretary to reduce a demoted individual’s pay grade by a minimum of a step, depending 

on the severity of the misconduct. (10 minutes) 

4. Kuster, Ann (NH): Includes as prohibited personnel practices 

as described in the whistleblower protection subsection of section 

3 with those defined in 38 USC 733(c). (10 minutes) 


lotter on DSK5VPTVN1PROD with HEARING
4 

5. Duffy (WI): Directs the Secretary of Veteran Affairs to, at a 

minimum, suspend an individual who has been charged with the 

sexual assault of a patient at a Department of Veteran Affairs 

medical facility. (10 minutes) 

6. Taylor (VA): Requires the Veterans Administration to provide 

a semi-annual report to the House and Senate Committees on Veterans Affairs outlining all instances of Senior Executives who are 

detailed to a new position within the agency. The report will contain details on the purpose of the reassignment as well as the costs 

associated with the reassignment. (10 minutes) 

7. Tenney (NY): Requires that bonuses awarded to senior-level 

executives within the Department of Veterans Affairs be reported 

to Congress on an annual basis. (10 minutes) 

8. Kuster, Ann (NH): Requires VA supervisors to develop performance plans for employees, to include steps taken to address 

poor performance. It would also improve training for supervisors. 

(10 minutes) 

9. Takano (CA): SUBSTITUTE Provides for the suspension and 

removal of VA employees for performance or misconduct that is a 

threat to public health and safety in place of the proposed removal 

process. (10 minutes) 

SUMMARY OF THE AMENDMENTS TO H.R. 1367 IN PART B MADE IN

ORDER

1. Wenstrup (OH): MANAGER’S Extends the timeline to implement the fellowship program from 90 days to one year and extends 

the GAO reporting deadline from one to two years. Additionally, it 

removes the requirement to track a number of hiring effectiveness 

metrics, changes the establishment of a recruiting database from a 

‘‘shall’’ to ‘‘may’’ authority, and stipulates that HR training be accomplished virtually. (10 minutes) 

2. Meng (NY): Makes clear that the Inspector General of the VA 

must report, pursuant to 38 U.S.C. 7412, on at minimum five clinical and five nonclinical VA occupations that have the largest staffing shortages, which then triggers special hiring authorities for the 

Secretary to address such shortages. (10 minutes) 

3. Sewell (AL): Allows the Secretary to select eligible employees 

for the Executive Management Fellowship Program who represent 

or service rural areas, to whatever extent practicable. (10 minutes) 

4. Hanabusa, Colleen (HI): Strikes section 6, ‘‘Reemployment of 

Former Employees,’’ which would allow for the Secretary to appoint 

former employees at one grade higher than when they last separated, without having to go through the usual competitive application process. (10 minutes) 

5. Buck (CO): Prevents former political appointees at the VA 

from receiving non-political, competitively selected positions at the 

VA without having to go through the proper selection process. (10 

minutes) 

6. Shea-Porter (NH): Requires the Secretary of the Department 

of Veterans Affairs to list open mental health positions in the database established under the bill. (10 minutes) 

7. Brownley (CA): Clarifies that ‘‘medical facility’’ referenced in 

Sec. 10 includes each medical center, domiciliary facility, outpatient clinic, community-based outpatient clinic, and vet center. 

(10 minutes) 


lotter on DSK5VPTVN1PROD with HEARING
5 

8. Welch (VT): Adds an analysis of succession planning and hiring in rural areas, and requires a study on the ability to hire and 

recruit veterans in rural areas. (10 minutes) 

9. Gottheimer (NJ): Adds veterans who are recent graduates and/ 

or recipients of Post-9/11 GI Bill Educational Assistance as a distinct category of individuals who are allowed for excepted service 

appointments. (10 minutes) 

10. Herrera Beutler (WA): Strengthens anonymity protections for 

employees filling out exit surveys, and requires exit survey data to 

be compiled at the VISN level to identify and acknowledge regional 

differences. (10 minutes) 

11. Hanabusa, Colleen (HI): Requires the total number of employees that voluntarily separated and the percentage of those employees that took the voluntary exit survey. (10 minutes) 

12. Meng (NY): Encourages the transition of military medical 

professionals into employment with the Veterans Health Administration upon discharge or separation from the Armed Forces. (10 

minutes) 

13. Bost (IL): Directs the Department of Veterans Affairs to develop and implement a plan to hire a director for each VA medical 

center without a permanent director. (10 minutes) 

14. O’Rourke (TX): Allows the VA to offer physicians conditional 

job offers two years prior to the completion of their residency program. Requires VA recruiters or similar official to visit each teaching institution with a residency program at least once annually. (10 

minutes) 

PART A—TEXT OF AMENDMENTS TO H.R. 1259 MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ROE OF

TENNESSEE OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 20, line 15, insert ‘‘to or’’ after ‘‘paid’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WALZ OF

MINNESOTA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike section 3 and insert the following new section 3: 

SEC. 3. IMPROVED AUTHORITIES OF SECRETARY OF VETERANS AFFAIRS TO IMPROVE ACCOUNTABILITY OF SENIOR EXECUTIVES. 

(a) ACCOUNTABILITY OF SENIOR EXECUTIVES.— (1) IN GENERAL.—Section 713 of title 38, United States Code, 

is amended to read as follows: 

‘‘§ 713. Accountability of senior executives 

‘‘(a) AUTHORITY.—(1) The Secretary may, as provided in this section, reprimand or suspend, involuntarily reassign, demote, or remove a covered individual from a senior executive position at the 

Department if the Secretary determines that the misconduct or 

performance of the covered individual warrants such action. 

‘‘(2) If the Secretary so removes such an individual, the Secretary 

may remove the individual from the civil service (as defined in section 2101 of title 5). 

‘‘(b) RIGHTS AND PROCEDURES.—(1) A covered individual who is 

the subject of an action under subsection (a) is entitled to— 


lotter on DSK5VPTVN1PROD with HEARING
6 

‘‘(A) be represented by an attorney or other representative of 

the covered individual’s choice; 

‘‘(B) not fewer than 10 business days advance written notice 

of the charges and evidence supporting the action and an opportunity to respond, in a manner prescribed by the Secretary, 

before a decision is made regarding the action; and 

‘‘(C) grieve the action in accordance with an internal grievance process that the Secretary, in consultation with the Assistant Secretary for Accountability and Whistleblower Protection, shall establish for purposes of this subsection. 

‘‘(2)(A) The Secretary shall ensure that the grievance process established under paragraph (1)(C) takes fewer than 21 days. 

‘‘(B) The Secretary shall ensure that, under the process established pursuant to paragraph (1)(C), grievances are reviewed only 

by employees of the Department. 

‘‘(3) A decision or grievance decision under paragraph (1)(C) shall 

be final and conclusive. 

‘‘(4) A covered individual adversely affected by a final decision 

under paragraph (1)(C) may obtain judicial review of the decision. 

‘‘(5) In any case in which judicial review is sought under paragraph (4), the court shall review the record and may set aside any 

Department action found to be— 

‘‘(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with a provision of law; 

‘‘(B) obtained without procedures required by a provision of 

law having been followed; or 

‘‘(C) unsupported by substantial evidence. 

‘‘(c) RELATION TO OTHER PROVISIONS OF LAW.—(1) The authority 

provided by subsection (a) is in addition to the authority provided 

by section 3592 or subchapter V of chapter 75 of title 5. 

‘‘(2) Section 3592(b)(1) of title 5 and the procedures under section 

7543(b) of such title do not apply to an action under subsection (a). 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) The term ‘covered individual’ means— 

‘‘(A) a career appointee (as that term is defined in section 3132(a)(4) of title 5); or 

‘‘(B) any individual who occupies an administrative or 

executive position and who was appointed under section 

7306(a) or section 7401(1) of this title. 

‘‘(2) The term ‘misconduct’ includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function. 

‘‘(3) The term ‘senior executive position’ means— 

‘‘(A) with respect to a career appointee (as that term is 

defined in section 3132(a) of title 5), a Senior Executive 

Service position (as such term is defined in such section); 

and 

‘‘(B) with respect to a covered individual appointed 

under section 7306(a) or section 7401(1) of this title, an administrative or executive position.’’. 

(2) CONFORMING AMENDMENT.—Section 7461(c)(1) of such 

title is amended by inserting ‘‘employees in senior executive 

positions (as defined in section 713(d) of this title) and’’ before 

‘‘interns’’. 

(b) PERFORMANCE MANAGEMENT.— 


lotter on DSK5VPTVN1PROD with HEARING
7 

(1) IN GENERAL.—The Secretary of Veterans Affairs shall establish a performance management system for employees in 

senior executive positions, as defined in section 713(d) of title 

38, United States Code, as amended by subsection (a), that ensures performance ratings and awards given to such employees— 

(A) meaningfully differentiate extraordinary from satisfactory contributions; and 

(B) substantively reflect organizational achievements 

over which the employee has responsibility and control. 

(2) REGULATIONS.—The Secretary shall prescribe regulations 

to carry out paragraph (1). 

Strike section 9 and insert the following new section 9: 

SEC. 9. REMOVAL OF EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS BASED ON PERFORMANCE OR MISCONDUCT. 

(a) IN GENERAL.—Subchapter I of chapter 7 of title 38, United 

States Code, is further amended by inserting after section 713 the 

following new section: 

‘‘§ 714. Employees: removal based on performance or misconduct 

‘‘(a) IN GENERAL.—(1) The Secretary may remove a covered individual who is an employee of the Department if the Secretary determines that— 

‘‘(A) the performance or misconduct of the covered individual 

warrants such removal; and 

‘‘(B) in the case of removal for performance, a portion of such 

performance occurred during the two-year period ending on the 

date of the determination. 

‘‘(2) If the Secretary removes a covered individual under paragraph (1), the Secretary may remove the covered individual from 

the civil service (as defined in section 2101 of title 5). 

‘‘(3) Nothing in this section may be construed to authorize a finalized performance appraisal of an employee to be retroactively 

amended. 

‘‘(b) NOTICE TO CONGRESS.—Not later than 30 days after removing a covered individual under subsection (a), the Secretary shall 

submit to the Committees on Veterans’ Affairs of the Senate and 

House of Representatives notice in writing of such removal and the 

reason for such removal. 

‘‘(c) PROCEDURE.—(1) An employee removed under subsection (a) 

is entitled, before removal, to— 

‘‘(A) at least 10 business days written notice (which, in the 

case of removal for performance, shall identify specific instances as described in clause (i) of section 4303(b)(1)(A) of title 

5 and critical elements as described in clause (ii) of such section), unless there is reasonable cause to believe that the employee committed a crime for which a sentence of imprisonment can be imposed— 

‘‘(i) stating the specific reasons for the proposed action; 

and 

‘‘(ii) including a file containing all evidence in support of 

the proposed action; 


lotter on DSK5VPTVN1PROD with HEARING
8 

‘‘(B) 10 business days to answer the charges orally and in 

writing and to furnish affidavits and other documentary evidence in support of the answer; 

‘‘(C) be represented by an attorney or other representative; 

‘‘(D) a review of the case by the Secretary before a decision 

adverse to the employee is made final; 

‘‘(E) as soon as practicable, a decision of the Secretary with 

respect to the charges of the employee; and 

‘‘(F) a written statement of the decision of the Secretary 

that— 

‘‘(i) includes the specific reasons of the decision; and 

‘‘(ii) in the case of a removal based on performance, complies with section 4303(b)(1)(D) of title 5. 

‘‘(2)(A) Subject to subparagraph (B) and subsection (e), any final 

decision of the Secretary regarding removal under subsection (a) 

may be appealed to the Merit Systems Protection Board. 

‘‘(B) An appeal under subparagraph (A) of a removal may only 

be made if such appeal is made not later than 10 business days 

after the date of such removal. 

‘‘(C)(i) Subject to clause (ii), the decision of the Secretary shall be 

sustained under subparagraph (A) only if the Secretary’s decision— 

‘‘(I) in the case of an action based on performance, is supported by substantial evidence; or 

‘‘(II) in any other case, is supported by a preponderance of 

the evidence. 

‘‘(ii) Notwithstanding clause (i), the Secretary’s decision may not 

be sustained under subparagraph (A) if the covered individual— 

‘‘(I) shows harmful error in the application of the Secretary’s 

procedures in arriving at such decision; 

‘‘(II) shows that the decision was based on any prohibited 

personnel practice described in section 2302(b) of title 5; or 

‘‘(III) shows that the decision was not in accordance with 

law. 

‘‘(3) The procedures under section 7513(b) of title 5 and chapter 

43 of such title shall not apply to a removal under this section. 

‘‘(d) EXPEDITED REVIEW.—(1) The Merit Systems Protection 

Board shall promulgate such rules as the Board considers appropriate to expedite appeals under subsection (c)(2). 

‘‘(2) The Board shall ensure that a final decision on an appeal described in paragraph (1) is issued not later than 90 days after the 

appeal is made. 

‘‘(3) During the period beginning on the date on which a covered 

individual appeals a removal from the civil service under subsection (c)(2) and ending on the date that the Board issues a final 

decision on such appeal, such covered individual may not receive 

any pay, awards, bonuses, incentives, allowances, differentials, student loan repayments, special payments, or benefits. 

‘‘(4) To the maximum extent practicable, the Secretary shall provide to the Merit Systems Protection Board such information and 

assistance as may be necessary to ensure an appeal under subsection (c)(2) is expedited. 

‘‘(e) RELATION TO TITLE 5.—The authority provided by this section is in addition to the authority provided by subchapter V of 

chapter 75 of title 5 and chapter 43 of such title. 

‘‘(f) DEFINITIONS.—In this section: 


lotter on DSK5VPTVN1PROD with HEARING
9 

‘‘(1) The term ‘covered individual’ means an individual occupying a position at the Department but does not include— 

‘‘(A) an individual, as that term is defined in section 

713(d); or 

‘‘(B) a political appointee. 

‘‘(2) The term ‘misconduct’ includes a violation of paragraph 

(8) or (9) of section 2302(b) of title 5, neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function. 

‘‘(3) The term ‘political appointee’ means an individual who 

is— 

‘‘(A) employed in a position described under sections 

5312 through 5316 of title 5 (relating to the Executive 

Schedule); 

‘‘(B) a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive 

Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5; or 

‘‘(C) employed in a position of a confidential or policy-determining character under schedule C of subpart C of part 

213 of title 5 of the Code of Federal Regulations.’’. 

(b) CLERICAL AND CONFORMING AMENDMENTS.— (1) CLERICAL.—The table of sections at the beginning of such 

chapter is amended by inserting after the item relating to section 713 the following new item: 

‘‘714. Employees: removal based on performance or misconduct.’’. 

(2) CONFORMING.— 

(A) TITLE 5.—Section 4303(f) of title 5, United States 

Code, is amended— 

(i) in paragraph (2), by striking ‘‘or’’ at the end; 

(ii) in paragraph (3), by striking the period at the 

end and inserting ‘‘, or’’; and 

(iii) by adding at the end the following: 

‘‘(4) any removal under section 714 of title 38.’’. 

(B) TITLE 38.—Subchapter V of chapter 74 of title 38, 

United States Code, is amended— 

(i) in section 7461(b)(1), by striking ‘‘If the’’ and inserting ‘‘Except as provided in section 714 of this title, 

if the’’; and 

(ii) in section 7462— 

(I) in subsection (a)(1), by striking ‘‘Disciplinary’’ 

and inserting ‘‘Except as provided in section 714 

of this title, the Disciplinary’’; and 

(II) in subsection (b)(1), by striking ‘‘In any 

case’’ and inserting ‘‘Except as provided in section 

714 of this title, in any case’’. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HANABUSA

OF HAWAII OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 2, line 18, insert ‘‘of at least one step or the equivalent (as 

determined by the Secretary, taking into consideration the severity 

of the misconduct)’’ after ‘‘grade’’. 


lotter on DSK5VPTVN1PROD with HEARING
10 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KUSTER OF

NEW HAMPSHIRE OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 8, line 20, insert ‘‘or section 733(c) of this title’’ after ‘‘title 

5’’. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DUFFY OF

WISCONSIN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 9, after line 19, insert the following new subsection: 

‘‘(i) SUSPENSION DURING IMPOSITION OF CERTAIN CHARGES.—(1) 

In carrying out subsection (a), the Secretary shall, at a minimum, 

suspend an individual whom the Secretary determines has been 

charged, or is the subject of a civil protective order, for an offense 

described in paragraph (2) against a patient at a medical facility 

of the Department. Such suspension shall be in effect during the 

period in which the charge is pending or the protective order is in 

effect, as the case may be. 

‘‘(2) An offense described in this paragraph is— 

‘‘(A) an offense under chapter 109A of title 18, United States 

Code; or 

‘‘(B) an offense under the laws of the State in which the offense is committed that would be, if subject to Federal jurisdiction, an offense under such chapter 109A.’’. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TAYLOR OF

VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 9, after line 19, insert the following: 

‘‘(i) SEMI-ANNUAL REPORT ON TRANSFERRED EMPLOYEES.—The 

Secretary shall submit to the Committees on Veterans’ Affairs of 

the Senate and House of Representatives semi-annual reports on 

senior executive employees who are transferred within the Department. Each such report shall include, for each such senior executive employee transferred during the period covered by the report, 

the reason for the transfer and any costs associated with the transfer.’’. 

Page 9, line 20, strike ‘‘(i)’’ and insert ‘‘(j)’’. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TENNEY OF

NEW YORK OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following new section: 

SEC. 10. ANNUAL REPORT ON PERFORMANCE AWARDS AND BONUSES 

AWARDED TO CERTAIN HIGH-LEVEL EMPLOYEES OF THE 

DEPARTMENT OF VETERANS AFFAIRS. 

(a) IN GENERAL.—Chapter 7 of title 38, United States Code, is 

further amended by inserting after section 723, as added by section 

5, the following new section: 

‘‘§ 724. Annual report on performance awards and bonuses 

awarded to certain high-level employees 

‘‘(a) IN GENERAL.—Not later than 30 days after the end of each 

fiscal year, the Secretary shall submit to the appropriate committees of Congress a report that contains, for the most recent fiscal 


lotter on DSK5VPTVN1PROD with HEARING
11 

year ending before the submittal of the report, a description of the 

performance awards and bonuses awarded to Regional Office Directors of the Department, Directors of Medical Centers of the Department, Directors of Veterans Integrated Service Networks, and any 

other individual employed in a senior executive position. 

‘‘(b) ELEMENTS.—Each report submitted under subsection (a) 

shall include the following with respect to each performance award 

or bonus awarded to an individual described in such subsection: 

‘‘(1) The amount of each award or bonus. 

‘‘(2) The job title of the individual awarded the award or 

bonus. 

‘‘(3) The location where the individual awarded the award or 

bonus works. 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) The term ‘appropriate committees of Congress’ means— 

‘‘(A) the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and 

‘‘(B) the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives. 

‘‘(2) The term ‘individual’ means— 

‘‘(A) a career appointee (as that term is defined in section 3132(a)(4) of title 5); or 

‘‘(B) any individual who occupies an administrative or 

executive position and who was appointed under section 

7306(a) or section 7401(1) of this title. 

‘‘(3) The term ‘senior executive position’ means— 

‘‘(A) with respect to a career appointee (as that term is 

defined in section 3132(a)(4) of title 5), a Senior Executive 

Service position (as such term is defined in section 

3132(a)(2) of title 5); and 

‘‘(B) with respect to an individual appointed under section 7306(a) or section 7401(1) of this title, an administrative or executive position.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 7 of such title is amended by inserting after the 

item relating to section 723, as added by section 5, the following 

new item: 

‘‘724. Annual report on performance awards and bonuses awarded to certain highlevel employees.’’. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KUSTER OF

NEW HAMPSHIRE OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 

SEC. 10. ACCOUNTABILITY OF SUPERVISORS AT DEPARTMENT OF 

VETERANS AFFAIRS FOR ADDRESSING PERFORMANCE OF 

EMPLOYEES. 

(a) IN GENERAL.—The Secretary of Veterans Affairs shall ensure 

that, as a part of the annual performance plan of a supervisor in 

the Department, the supervisor is evaluated on the following: 

(1) Taking action to address poor performance and misconduct among the employees that report to the supervisor. 

(2) Taking steps to improve or sustain high levels of employee engagement. 

(3) Promoting a positive culture of service that— 


lotter on DSK5VPTVN1PROD with HEARING
12 

(A) reflects the mission of the Department and the values of integrity, commitment, advocacy, respect, and excellence; and 

(B) emphasizes the greatest degree of performance and 

conduct. 

(b) SUPERVISOR DEFINED.—In this section, the term ‘‘supervisor’’ 

has the meaning given such term in section 7103(a) of title 5, 

United States Code. 

SEC. 11. IMPROVEMENT OF TRAINING FOR SUPERVISORS. 

(a) IN GENERAL.—The Secretary of Veterans Affairs shall provide 

to each employee of the Department of Veterans Affairs who is employed as a supervisor periodic training on the following: 

(1) The rights of whistleblowers and how to address a report 

by an employee of a hostile work environment, reprisal, or harassment. 

(2) How to effectively motivate, manage, and reward the employees who report to the supervisor. 

(3) How to effectively manage employees who are performing 

at an unacceptable level and access assistance from the human 

resources office of the Department and the Office of the General Counsel of the Department with respect to those employees. 

(b) DEFINITIONS.—In this section: 

(1) SUPERVISOR.—The term ‘‘supervisor’’ has the meaning 

given such term in section 7103(a) of title 5, United States 

Code. 

(2) WHISTLEBLOWER.—The term ‘‘whistleblower’’ has the 

meaning given such term in section 323(g) of title 38, United 

States Code, as added by section 101. 

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TAKANO OF

CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike sections 1 through 9 and insert the following: 

SECTION 1. SUSPENSION AND REMOVAL OF DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES FOR PERFORMANCE OR MISCONDUCT THAT IS A THREAT TO PUBLIC HEALTH OR 

SAFETY. 

(a) IN GENERAL.—Chapter 7 of title 38, United States Code, is 

amended by adding after section 713 the following new section: 

‘‘§ 715. Employees: suspension and removal for performance 

or misconduct that is a threat to public health or 

safety 

‘‘(a) SUSPENSION AND REMOVAL.—Subject to subsections (b) and 

(c), the Secretary may— 

‘‘(1) suspend without pay an employee of the Department of 

Veterans Affairs if the Secretary determines the performance 

or misconduct of the employee is a threat to public health or 

safety, including the health and safety of veterans; and 

‘‘(2) remove an employee suspended under paragraph (1) 

when, after such investigation and review as the Secretary considers necessary, the Secretary determines that removal is necessary in the interests of public health or safety. 


lotter on DSK5VPTVN1PROD with HEARING
13 

‘‘(b) PROCEDURE.—An employee suspended under subsection 

(a)(1) is entitled, after suspension and before removal, to— 

‘‘(1) within 30 days after suspension, a written statement of 

the specific charges against the employee, which may be 

amended within 30 days thereafter; 

‘‘(2) an opportunity within 30 days thereafter, plus an additional 30 days if the charges are amended, to answer the 

charges and submit affidavits; 

‘‘(3) a hearing, at the request of the employee, by a Department authority duly constituted for this purpose; 

‘‘(4) a review of the case by the Secretary, before a decision 

adverse to the employee is made final; and 

‘‘(5) written statement of the decision of the Secretary. 

‘‘(c) RELATION TO OTHER DISCIPLINARY RULES.—The authority 

provided under this section shall be in addition to the authority 

provided under section 713 and title 5 with respect to disciplinary 

actions for performance or misconduct. 

‘‘(d) BACK PAY FOR WHISTLEBLOWERS.—If any employee of the 

Department of Veterans Affairs is subject to a suspension or removal under this section and such suspension or removal is determined by an appropriate authority under applicable law, rule, regulation, or collective bargaining agreement to be a prohibited personnel practice described under section 2302(b)(8) or (9) of title 5, 

such employee shall receive back pay equal to the total amount of 

basic pay that such employee would have received during the period that the suspension and removal (as the case may be) was in 

effect, less any amounts earned by the employee through other employment during that period. 

‘‘(e) DEFINITIONS.—In this section, the term ‘employee’ means any 

individual occupying a position within the Department of Veterans 

Affairs under a permanent or indefinite appointment and who is 

not serving a probationary or trial period.’’. 

(b) CLERICAL AND CONFORMING AMENDMENTS.— 

(1) CLERICAL.—The table of sections at the beginning of such 

chapter is amended by adding after the item relating to section 

713 the following new item: 

‘‘715. Employees: suspension and removal for performance or misconduct that is a 

threat to public health or safety.’’. 

(2) CONFORMING.—Section 4303(f) of title 5, United States 

Code, is amended— 

(A) by striking ‘‘or’’ at the end of paragraph (2); 

(B) by striking the period at the end of paragraph (3) 

and inserting ‘‘, or’’; and 

(C) by adding at the end the following: 

‘‘(4) any suspension or removal under section 715 of title 

38.’’. 

(c) REPORT ON SUSPENSIONS AND REMOVALS.—Not later than one 

year after the date of the enactment of this Act, the Inspector General of the Department of Veterans Affairs shall submit to the 

Committees on Veterans’ Affairs of the House of Representatives 

and the Senate a report on suspensions and removals of employees 

of the Department made under section 715 of title 38, United 

States Code, as added by subsection (a). Such report shall include, 

with respect to the period covered by the report, the following: 


lotter on DSK5VPTVN1PROD with HEARING
14 

(1) The number of employees who were suspended under 

such section. 

(2) The number of employees who were removed under such 

section. 

(3) A description of the threats to public health or safety that 

caused such suspensions and removals. 

(4) The number of such suspensions or removals, or proposed 

suspensions or removals, that were of employees who filed a 

complaint regarding— 

(A) an alleged prohibited personnel practice committed 

by an officer or employee of the Department and described 

in section 2302(b)(8) or 2302(b)(9)(A)(i), (B), (C), or (D) of 

title 5, United States Code; or 

(B) the safety of a patient at a medical facility of the Department. 

(5) Of the number of suspensions and removals listed under 

paragraph (4), the number that the Inspector General considers to be retaliation for whistleblowing. 

(6) The number of such suspensions or removals that were 

of an employee who was the subject of a complaint made to the 

Department regarding the health or safety of a patient at a 

medical facility of the Department. 

(7) Any recommendations by the Inspector General, based on 

the information described in paragraphs (1) through (6), to improve the authority to make such suspensions and removals. 

PART B—TEXT OF AMENDMENTS TO H.R. 1367 MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WENSTRUP

OF OHIO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 8, line 8, strike ‘‘90 days’’ and insert ‘‘one year’’. 

Page 12, line 12, strike ‘‘shall’’ and insert ‘‘may’’. 

Page 12, line 19, strike ‘‘shall’’ and insert ‘‘may’’. 

Page 12, line 21, strike ‘‘shall’’ and insert ‘‘may’’. 

Page 13, strike lines 11 through 13 and insert ‘‘such training virtually.’’. 

Page 16, line 9, strike ‘‘one year’’ and insert ‘‘two years’’. 

Page 16, beginning line 14, strike section 11. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MENG OF

NEW YORK OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 2, line 2, strike ‘‘the five clinical’’ and insert ‘‘at a minimum, the five clinical’’. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SEWELL OF

ALABAMA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 4, line 2, before the period insert the following: ‘‘and that 

whenever practicable provides a preference to such employees who 

represent or service rural areas’’. 


lotter on DSK5VPTVN1PROD with HEARING
15 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HANABUSA

OF HAWAII OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike section 6. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BUCK OF

COLORADO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 11, line 2, strike ‘‘The Secretary’’ and insert ‘‘Notwithstanding sections 3309 through 3318 of title 5, United States Code, 

the Secretary’’. 

Page 11, line 3, insert ‘‘career or career conditional’’ after 

‘‘former’’. 

Page 11, beginning on line 4, strike ‘‘or any excepted service position under chapter 74 of title 38, United States Code,’’. 

Page 11, line 7, insert ‘‘or equivalent’’ after ‘‘grade’’ both places 

it appears. 

Page 11, line 16, insert ‘‘career or career conditional’’ before ‘‘position’’. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SHEA-PORTER OF NEW HAMPSHIRE OR HER DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 12, strike lines 2 through 6 and insert the following: 

(a) ESTABLISHMENT.—The Secretary of Veterans Affairs shall establish a single database that lists— 

(1) each vacant position in the Department of Veterans Affairs that the Secretary determines is critical to the mission of 

the Department, difficult to fill, or both; and 

(2) each vacant position in the Department of Veterans Affairs for a mental health professional. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BROWNLEY

OF CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 15, line 9, insert ‘‘, including each medical center, domiciliary facility, outpatient clinic, community-based outpatient clinic, 

and vet center’’ after ‘‘Affairs’’. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WELCH OF

VERMONT OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 16, after line 6, insert the following: 

(6) An analysis of succession planning and hiring as it relates to rural areas. 

Page 16, line 7, strike ‘‘(6)’’ and insert ‘‘(7)’’. 

Page 17, line 21, strike ‘‘and’’. 

Page 17, line 24, strike the period and insert ‘‘; and’’. 

Page 17, after line 24, insert the following: 

(J) the ability to recruit and hire in rural areas. 


lotter on DSK5VPTVN1PROD with HEARING
16 

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

GOTTHEIMER OF NEW JERSEY OR HIS DESIGNEE, DEBATABLE FOR

10 MINUTES

Page 21, line 10, strike ‘‘or’’. 

Page 21, line 15, strike the period and insert a semicolon. 

Page 21, insert after line 15 the following: 

(4) have received educational assistance under chapter 33 of 

title 38, United States Code; or 

(5) graduated from a qualifying educational institution, as 

defined by the Department, and have not reached 30 years of 

age. 

10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HERRERA

BEUTLER OF WASHINGTON OR HER DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 22, line 18, strike ‘‘, to the extent possible,’’. 

Page 22, beginning on line 19, strike ‘‘and personally identifiable 

information is removed’’ and insert ‘‘, including through the use of 

a location that allows for privacy, is not directly visible by another 

employee, and does not require the departing employee to input 

any personally identifiable data’’. 

Page 22, line 23, insert ‘‘are aggregated at the Veterans Integrated Service Network level and’’ after ‘‘subsection (a)’’. 

11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

HANABUSA OF HAWAII OR HER DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 23, line 16, strike ‘‘the number of employees who’’ and insert the following: ‘‘the total number of employees who voluntarily 

separated from the Department and the number and percentage of 

whom’’. 

12. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MENG OF

NEW YORK OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill insert the following: 

SEC. 14. ENCOURAGING TRANSITION OF MILITARY MEDICAL PROFESSIONALS INTO EMPLOYMENT WITH VETERANS HEALTH 

ADMINISTRATION. 

The Secretary of Veterans Affairs shall establish a program to 

encourage an individual who serves in the Armed Forces with a 

military occupational specialty relating to the provision of health 

care to seek employment with the Veterans Health Administration 

when the individual has been discharged or released from service 

in the Armed Forces or is contemplating separating from such service. 

13. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BOST OF

ILLINOIS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following new section: 


lotter on DSK5VPTVN1PROD with HEARING
17 

SEC. 14. PLAN TO HIRE DIRECTORS OF MEDICAL CENTERS OF DEPARTMENT OF VETERANS AFFAIRS. 

(a) PLAN.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop 

and implement a plan to hire highly qualified directors for each 

medical center of the Department of Veterans Affairs that lacks a 

permanent director as of the date of the plan. The Secretary shall 

prioritize the hiring of such directors for the medical centers that 

have not had a permanent director for the longest periods. 

(b) MATTERS INCLUDED.—The plan developed under subsection 

(a) shall include the following: 

(1) A deadline to hire the directors of the medical centers of 

the Department as described in such subsection. 

(2) Identification of the possible impediments to such hiring. 

(3) Identification of opportunities to promote and train candidates from within the Department to senior executive positions in the Department, including as directors of medical centers. 

(c) SUBMISSION.—Not later than 120 days after the date of the 

enactment of this Act, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the 

Senate the plan developed under subsection (a). 

(d) SEMIANNUAL REPORTS.—Not later than 180 days after the 

date of the enactment of this Act, and each 180-day period thereafter until January 1, 2018, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and 

the Senate a list of each medical center of the Department that 

lacks a permanent director as of the date of the report. 

14. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE O’ROURKE

OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following new section: 

SEC. 14. RECRUITMENT OF PHYSICIANS IN DEPARTMENT OF VETERANS AFFAIRS. 

(a) IN GENERAL.—Section 7402(b)(1) of title 38, United States 

Code, is amended— 

(1) by inserting ‘‘or to be offered a contingent appointment to 

such position,’’ after ‘‘position,’’; and 

(2) by striking subparagraph (B) and inserting the following 

new subparagraph (B): 

‘‘(B)(i) have completed a residency program satisfactory to 

the Secretary; or 

‘‘(ii) with respect to an offer for a contingent appointment 

upon the completion of a post-graduate training program, complete such a residency program by not later than two years 

after the date of such offer; and’’. 

(b) OVERSIGHT OF GRADUATE MEDICAL EDUCATION PROGRAMS.— 

The Secretary shall— 

(1) ensure that a recruiter or other similar official of each 

Veterans Integrated Service Network visits, not less than annually, each allopathic and osteopathic teaching institution 

with a graduate medical education program within the Network to recruit individuals to be appointed to positions in the 

Veterans Health Administration; and 


lotter on DSK5VPTVN1PROD with HEARING
18 

(2) submit to Congress an annual report on the implementation of paragraph (1), including the success of such recruiting 

efforts. 

Æ 


lotter on DSK5VPTVN1PROD with HEARING