3.0.0 3170 2023-01-11T13:33:15Z 2023-01-11T13:33:15Z Senate S 2016-07-12 114 ssva00 Veterans' Affairs Committee Senate Standing Referred to 2016-07-12T21:20:05Z VA Accountability First and Appeals Modernization Act of 2016 114 5620 HR 2016-09-15 Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs. Related bill CRS To authorize the Secretary of Veterans Affairs to recoup bonuses and awards paid to employees of the Department of Veterans Affairs. 114 280 HR 2015-03-03 Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs. Related bill CRS To authorize the Secretary of Veterans Affairs to recoup relocation expenses paid to or on behalf of employees of the Department of Veterans Affairs. 114 4138 HR 2016-05-18 Ordered to be Reported by the Yeas and Nays: 18 - 4. Related bill CRS VA Appeals Modernization Act of 2016 114 5083 HR 2016-05-13 Referred to the Subcommittee on Disability Assistance and Memorial Affairs. Related bill CRS 2016-07-12 ssva00 Veterans' Affairs Committee Senate Read twice and referred to the Committee on Veterans' Affairs. IntroReferral 2016-07-12 Introduced in Senate IntroReferral 10000 9 Library of Congress R000595 Sen. Rubio, Marco [R-FL] Marco Rubio R FL N M000303 Sen. McCain, John [R-AZ] JOHN MCCAIN R AZ SIDNEY 2016-09-14 False Armed Forces and National Security Administrative remedies Congressional oversight Department of Veterans Affairs Disability and paralysis Employee performance Employment discrimination and employee rights Evidence and witnesses Federal officials Government employee pay, benefits, personnel management Government ethics and transparency, public corruption Government studies and investigations Merit Systems Protection Board Office of Special Counsel Transportation costs Veterans' pensions and compensation Armed Forces and National Security 00 2016-07-12 Introduced in Senate 2016-12-22T19:19:36Z VA Accountability First and Appeals Modernization Act of 2016

This bill authorizes the Department of Veterans Affairs (VA) to remove or demote a VA employee based on performance or misconduct and provides that specified federal employee performance appraisal provisions shall not apply to such removals or demotions. The VA may remove such individual from the civil service or demote the individual through a reduction in grade or annual pay rate.

A demoted individual shall not be placed on administrative leave or any other category of paid leave during the appeals period and can receive pay only if he or she reports for duty.

An expedited appeals process is established under which: (1) an employee shall have the right to an appeal before the Merit Systems Protection Board (MSPB) within seven days of removal or demotion, (2) the MSPB shall issue a decision within 60 days of the appeal or the removal or demotion becomes final, (3) an MSPB decision and any final removal or demotion may be appealed to the U.S. Court of Appeals, and (4) the MSPB may not stay any removal or demotion.

The VA may not remove or demote 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.

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 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 VA may recoup an award, a bonus, or relocation expenses paid to a VA employee under specified circumstances.

The VA may suspend, reprimand or admonish an SES employee for misconduct or performance that does not merit removal. The VA must notify an individual five days before taking such proposed action. Appeals may be made to the Senior Executive Disciplinary Appeals Board (as provided for by this bill) and may not be appealed to the MSPB.

The bill establishes an additional whistle blower complaint process, which shall include suspension and removal actions against supervisory employees who commit prohibited personnel actions against a whistle blower.

The bill amends the disability benefits appeals process.

The bill amends the Veterans Access, Choice, and Accountability Act of 2014 to prohibit payment of an award or bonus to any VA SES employee during each of FY2017-FY2021.

]]> VA Accountability First and Appeals Modernization Act of 2016 Display Title VA Accountability First and Appeals Modernization Act of 2016 Short Titles as Introduced VA Accountability First and Appeals Modernization Act of 2016 Official Title as Introduced 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. Introduced in Senate 2016-07-12T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-114s3170is/xml/BILLS-114s3170is.xml 2016-07-12 Read twice and referred to the Committee on Veterans' Affairs. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.