Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017

Bill: 115-s-1094
Sponsor: Sen. Rubio, Marco [R-FL]
Introduced: 2017-05-11 in the Senate
Policy area: Armed Forces and National Security
Subjects: Administrative remedies
Congressional oversight
Department of Veterans Affairs
Employee hiring
Employee performance
Employment discrimination and employee rights
Executive agency funding and structure
Federal officials
Government employee pay, benefits, personnel management
Government ethics and transparency, public corruption
Government studies and investigations
Health facilities and institutions
Health personnel
Transportation costs
Veterans' medical care

Summary:
action_date: 2017-05-11
text: 

Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017

 
This bill establishes in the Department of Veterans Affairs (VA) the Office of Accountability and Whistleblower Protection, to be headed by the Assistant Secretary for Accountability and Whistleblower Protection.
 
The VA shall develop criteria to promote supervisory protection of whistle-blowers and provide supervisors with related training.
 
The bill revises VA authority to remove certain employees or senior executives for reasons of misconduct or performance, including by permitting such individuals to be demoted or suspended.
 
The VA: (1) shall reduce the federal annuity of a removed individual who is convicted of a felony that influenced his or her performance while employed in such position, and (2) may reduce the federal annuity of a retired individual who was convicted of such a felony but who left the VA before final action was taken. 
 
The VA may recoup an award, a bonus, or relocation expenses paid to an employee under specified circumstances. 
 
The VA may directly appoint medical center directors and Veterans Integrated Service Network directors. 
 
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.
 
The VA shall: (1) assess the effect of the enactment of this bill on the hiring, promotion, retention, and productivity of individuals in senior executive positions; and (2) collect information on the outcomes and effectiveness of disciplinary actions carried out during the three-year period ending on the date of enactment of this bill.

action_date: 2017-06-23
text: 

Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017

 
 TITLE I--OFFICE OF ACCOUNTABILITY AND WHISTLEBLOWER PROTECTION 
 
(Sec. 101) This bill establishes in the Department of Veterans Affairs (VA) the Office of Accountability and Whistleblower Protection which shall advise the VA on all matters relating to accountability, including VA employee accountability, whistle-blower disclosures and related retaliation, and senior executive service (SES) and supervisory misconduct.
 
The office shall be headed by an Assistant Secretary for Accountability and Whistleblower Protection. 
 
(Sec. 102) The bill revises whistle-blower protections. 
 
The VA shall develop supervisory performance criteria that include whistle-blower protection and provide employees with whistle-blower disclosure and merit system protection training. 
 
TITLE II--ACCOUNTABILITY OF SENIOR EXECUTIVES, SUPERVISORS, AND OTHER EMPLOYEES
 
(Sec. 201) The bill revises VA authority to remove certain employees or senior executives for reasons of misconduct or performance, including to permit such individuals to be reprimanded or suspended.
 
(Sec. 202) The VA may remove, demote, or suspend other VA employees based on performance or misconduct. The VA may also remove or suspend such employee from the civil service or demote the employee through a reduction in grade and salary. 
 
A demoted individual may not be placed on administrative leave during an appeal period, and may receive pay only if he or she reports for duty or is approved to use certain leave. A demoted individual who does not report for duty or receive leave approval shall not receive pay or other benefits.
 
The VA shall issue a final written decision with respect to a removal, demotion, or suspension within 15 business days after the individual has been provided with notice and an evidentiary file. 
 
The bill establishes an expedited appeals process, including the right to appeal to the Merit Systems Protection Board and the right to appeal a board decision to a U.S. Court of Appeals or to any court of appeals of competent jurisdiction.
 
 The VA may not remove, demote, or suspend an employee who: (1) is seeking corrective action from the Office of Special Counsel based on discrimination without the office's approval, and (2) has made a whistle-blower disclosure to the Office of Accountability and Whistleblower Protection until a final determination of the case has been made.
 
(Sec. 203) The VA shall reduce the federal annuity of an individual removed from the SES who is convicted of a felony that influenced his or her performance while employed in such position. The VA may 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. The bill provides for appeals to the Office of Personnel Management. 
 
(Sec. 204) The VA may recoup an award, a bonus, or relocation expenses paid to a VA employee under specified circumstances. 
 
(Sec. 206) The bill shortens a supervisor's time to respond to a notice of an adverse action from 14 days to 10 days. 
 
(Sec. 207) The VA may directly appoint qualifying individuals to the positions of Medical Center Director and Director of Veterans Integrated Service Network. 
 
(Sec. 208) The bill revises time periods for adverse action reviews for physicians, dentists, podiatrists, chiropractors, optometrists, registered nurses, physician assistants, and expanded-function dental auxiliaries. 
 
(Sec. 209) The VA shall provide supervisors with periodic training regarding whistle-blower rights, hostile work environments, and managing underperforming employees.
 
 


Legislative actions:
action_date: 2017-06-23
text: Signed by President.
action_date: 2017-06-23
text: Signed by President.
action_date: 2017-06-22
text: Presented to President.
action_date: 2017-06-22
text: Presented to President.
action_date: 2017-06-13
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2017-06-13
text: On passage Passed by the Yeas and Nays: 368 - 55 (Roll no. 307). (text: CR H4884-4889)
action_date: 2017-06-13
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 368 - 55 (Roll no. 307).(text: CR H4884-4889)
action_date: 2017-06-13
text: Considered as unfinished business. (consideration: CR H4899)
action_date: 2017-06-13
text: POSTPONED PROCEEDINGS - At the conclusion of debate on S. 1094, the Chair put the question on passage and by voice vote announced that the ayes had prevailed. Mr. Roe (TN) demanded the yeas and nays, and the Chair postponed further proceedings on passage of S. 1094 until later in the legislative day.
action_date: 2017-06-13
text: The previous question was ordered pursuant to the rule. (consideration: CR H4896)
action_date: 2017-06-13
text: DEBATE - The House proceeded with one hour of debate on S. 1094.
action_date: 2017-06-13
text: Rule provides for consideration of H.R. 2581 and S. 1094, with 1 hour of general debate for each bill. Previous question shall be considered as ordered without intervening motions except a motion to recommit with or without instructions on H.R. 2581, and a motion to commit on S. 1094. Both measures will be considered read and are closed to amendments.
action_date: 2017-06-13
text: Considered under the provisions of rule H. Res. 378. (consideration: CR H4884-4896)
action_date: 2017-06-13
text: Rule H. Res. 378 passed House.
action_date: 2017-06-12
text: Rules Committee Resolution H. Res. 378 Reported to House. Rule provides for consideration of H.R. 2581 and S. 1094. Rule provides for consideration of H.R. 2581 and S. 1094, with 1 hour of general debate for each bill. Previous question shall be considered as ordered without intervening motions except a motion to recommit with or without instructions on H.R. 2581, and a motion to commit on S. 1094. Both measures will be considered read and are closed to amendments.
action_date: 2017-06-07
text: Held at the desk.
action_date: 2017-06-07
text: Received in the House.
action_date: 2017-06-07
text: Message on Senate action sent to the House.
action_date: 2017-06-06
text: Passed Senate with an amendment by Voice Vote.
action_date: 2017-06-06
text: Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.
action_date: 2017-06-06
text: The committee substitute agreed to by Unanimous Consent. (text: CR S3261-3266)
action_date: 2017-06-06
text: Measure laid before Senate by unanimous consent.
action_date: 2017-05-24
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 103.
action_date: 2017-05-24
text: Committee on Veterans' Affairs. Reported by Senator Isakson with an amendment in the nature of a substitute. Without written report.
action_date: 2017-05-24
text: Committee on Veterans' Affairs. Reported by Senator Isakson with an amendment in the nature of a substitute. Without written report.
action_date: 2017-05-24
text: Committee on Veterans' Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2017-05-17
text: Committee on Veterans' Affairs. Hearings held. Hearings printed: S.Hrg. 115-299.
action_date: 2017-05-11
text: Read twice and referred to the Committee on Veterans' Affairs.
action_date: 2017-05-11
text: Introduced in Senate

Enacted as: number: 115-41