I 
115TH CONGRESS 
1ST SESSION 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 perform-
ance or misconduct, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 28, 2017 
Mr. ROE of Tennessee (for himself, Mr. BILIRAKIS, Mr. ARRINGTON, Mr. 
COFFMAN, Mr. WENSTRUP, Mrs. RADEWAGEN, Mr. BOST, Mr. BERGMAN, 
Mr. POLIQUIN, Mr. BANKS of Indiana, and Miss GONZA´LEZ-COLO´N of 
Puerto Rico) introduced the following bill; which was referred to the 
Committee on Veterans’ Affairs, and in addition to the Committee on 
Oversight and Government Reform, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘VA Accountability First Act of 2017’’. 
VerDate Sep 11 2014 
03:28 Mar 03, 2017
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1259.IH
H1259
rfrederick on DSKBCBPHB2PROD with BILLS
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References to title 38, United States Code. 
Sec. 3. Removal, demotion, and suspension of employees based on performance 
or misconduct. 
Sec. 4. Reduction of benefits for Department of Veterans Affairs employees 
convicted of certain crimes. 
Sec. 5. Authority to recoup bonuses or awards paid to employees of Department 
of Veterans Affairs. 
Sec. 6. Authority to recoup relocation expenses paid to or on behalf of employ-
ees of Department of Veterans Affairs. 
Sec. 7. Time period for response to notice of adverse actions against super-
visory employees who commit prohibited personnel actions. 
Sec. 8. Direct hiring authority for medical center directors and VISN directors. 
Sec. 9. Time periods for review of adverse actions with respect to certain em-
ployees. 
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of title 38, United States Code. 
SEC. 3. REMOVAL, DEMOTION, AND SUSPENSION OF EM-
PLOYEES BASED ON PERFORMANCE OR MIS-
CONDUCT. 
(a) IN GENERAL.—Subchapter I of chapter 7 is 
amended by adding at the end the following new section: 
‘‘§ 719. Employees: removal, demotion, or suspension 
based on performance or misconduct 
‘‘(a) IN GENERAL.—The Secretary may remove, de-
mote, or suspend an individual who is an employee of the 
Department if the Secretary determines the performance 
VerDate Sep 11 2014 
03:28 Mar 03, 2017
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1259.IH
H1259
rfrederick on DSKBCBPHB2PROD with BILLS
or misconduct of the individual warrants such removal, de-
motion, or suspension. If the Secretary so removes, de-
motes, or suspends such an individual, the Secretary 
may— 
‘‘(1) remove the individual from the civil service 
(as defined in section 2101 of title 5); 
‘‘(2) demote the individual by means of a reduc-
tion in grade for which the individual is qualified, 
that the Secretary determines is appropriate, and 
that reduces the annual rate of pay of the individual; 
or 
‘‘(3) suspend the individual. 
‘‘(b) PAY OF CERTAIN DEMOTED INDIVIDUALS.—(1) 
Notwithstanding any other provision of law, any individual 
subject to a demotion under subsection (a)(2) shall, begin-
ning on the date of such demotion, receive the annual rate 
of pay applicable to such grade. 
‘‘(2) An individual so demoted may not be placed on 
administrative leave during the period during which an ap-
peal (if any) under this section is ongoing, and may only 
receive pay if the individual reports for duty or is approved 
to use accrued unused annual, sick, family medical, mili-
tary, or court leave. If an individual so demoted does not 
report for duty or receive approval to use accrued unused 
VerDate Sep 11 2014 
03:28 Mar 03, 2017
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1259.IH
H1259
rfrederick on DSKBCBPHB2PROD with BILLS
leave, such individual shall not receive pay or other bene-
fits pursuant to subsection (e)(5). 
‘‘(c) NOTICE TO CONGRESS.—(1) Not later than 30 
days after removing, demoting, or suspending an indi-
vidual employed in a senior executive position under sub-
section (a) or after removing, demoting, or suspending an 
individual under chapter 74 of this title, the Secretary 
shall submit to the Committees on Veterans’ Affairs of 
the Senate and House of Representatives and to each 
Member of Congress representing a district in the State 
or territory where the facility where the individual was em-
ployed immediately before being removed, demoted, or sus-
pended is located notice in writing of such removal, demo-
tion, or suspension. Such notice shall include the job title 
of the individual, the location where the individual was em-
ployed immediately before being removed, demoted, or sus-
pended, the proposed action, and the reason for such re-
moval, demotion, or suspension. 
‘‘(2) Not later than 30 days after the last day of a 
fiscal year, the Secretary shall submit to the Committees 
on Veterans’ Affairs of the Senate and House of Rep-
resentatives a report listing all removals, demotions, and 
suspensions under this section or under chapter 74 of this 
title during such fiscal year. Each such report shall in-
clude the job title of each individual removed, demoted, 
VerDate Sep 11 2014 
03:28 Mar 03, 2017
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1259.IH
H1259
rfrederick on DSKBCBPHB2PROD with BILLS