[Congressional Record Volume 163, Number 100 (Tuesday, June 13, 2017)]
[House]
[Pages H4884-H4896]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF VETERANS AFFAIRS ACCOUNTABILITY AND WHISTLEBLOWER
PROTECTION ACT OF 2017
General Leave
Mr. ROE of Tennessee. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days to revise and extend their remarks and
include extraneous material on S. 1094.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Tennessee?
There was no objection.
Mr. ROE of Tennessee. Mr. Speaker, pursuant to House Resolution 378,
I call up the bill (S. 1094) to amend title 38, United States Code, to
improve the accountability of employees of the Department of Veterans
Affairs, and for other purposes, and ask for its immediate
consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 378, the bill
is considered read.
The text of the bill is as follows:
S. 1094
Be it enacted by the Senate and House of Representatives 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 ``Department
of Veterans Affairs Accountability and Whistleblower
Protection Act of 2017''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--OFFICE OF ACCOUNTABILITY AND WHISTLEBLOWER PROTECTION
Sec. 101. Establishment of Office of Accountability and Whistleblower
Protection.
Sec. 102. Protection of whistleblowers in Department of Veterans
Affairs.
Sec. 103. Report on methods used to investigate employees of Department
of Veterans Affairs.
TITLE II--ACCOUNTABILITY OF SENIOR EXECUTIVES, SUPERVISORS, AND OTHER
EMPLOYEES
Sec. 201. Improved authorities of Secretary of Veterans Affairs to
improve accountability of senior executives.
Sec. 202. Improved authorities of Secretary of Veterans Affairs to
improve accountability of employees.
Sec. 203. Reduction of benefits for Department of Veterans Affairs
employees convicted of certain crimes.
Sec. 204. Authority to recoup bonuses or awards paid to employees of
Department of Veterans Affairs.
Sec. 205. Authority to recoup relocation expenses paid to or on behalf
of employees of Department of Veterans Affairs.
Sec. 206. Time period for response to notice of adverse actions against
supervisory employees who commit prohibited personnel
actions.
Sec. 207. Direct hiring authority for medical center directors and VISN
directors.
Sec. 208. Time periods for review of adverse actions with respect to
certain employees.
Sec. 209. Improvement of training for supervisors.
Sec. 210. Assessment and report on effect on senior executives at
Department of Veterans Affairs.
Sec. 211. Measurement of Department of Veterans Affairs disciplinary
process outcomes and effectiveness.
TITLE I--OFFICE OF ACCOUNTABILITY AND WHISTLEBLOWER PROTECTION
SEC. 101. ESTABLISHMENT OF OFFICE OF ACCOUNTABILITY AND
WHISTLEBLOWER PROTECTION.
(a) In General.--Chapter 3 of title 38, United States Code,
is amended by adding at the end the following new section:
``Sec. 323. Office of Accountability and Whistleblower
Protection
``(a) Establishment.--There is established in the
Department an office to be known as the `Office of
Accountability and Whistleblower Protection' (in this section
referred to as the `Office').
``(b) Head of Office.--(1) The head of the Office shall be
responsible for the functions of the Office and shall be
appointed by the President pursuant to section 308(a) of this
title.
``(2) The head of the Office shall be known as the
`Assistant Secretary for Accountability and Whistleblower
Protection'.
``(3) The Assistant Secretary shall report directly to the
Secretary on all matters relating to the Office.
``(4) Notwithstanding section 308(b) of this title, the
Secretary may only assign to the Assistant Secretary
responsibilities relating to the functions of the Office set
forth in subsection (c).
``(c) Functions.--(1) The functions of the Office are as
follows:
``(A) Advising the Secretary on all matters of the
Department relating to accountability, including
accountability of employees of the Department, retaliation
against whistleblowers, and such matters as the Secretary
considers similar and affect public trust in the Department.
``(B) Issuing reports and providing recommendations related
to the duties described in subparagraph (A).
``(C) Receiving whistleblower disclosures.
``(D) Referring whistleblower disclosures received under
subparagraph (C) for investigation to the Office of the
Medical Inspector, the Office of Inspector General, or other
investigative entity, as appropriate, if the Assistant
Secretary has reason to believe the whistleblower disclosure
is evidence of a violation of a provision of law,
mismanagement, gross waste of funds, abuse of authority, or a
substantial and specific danger to public health or safety.
``(E) Receiving and referring disclosures from the Special
Counsel for investigation to the Medical Inspector of the
Department, the Inspector General of the Department, or such
other person with investigatory authority, as the Assistant
Secretary considers appropriate.
``(F) Recording, tracking, reviewing, and confirming
implementation of recommendations from audits and
investigations carried out by the Inspector General of the
Department, the Medical Inspector of the Department, the
Special Counsel, and the Comptroller General of the United
States, including the imposition of disciplinary actions and
other corrective actions contained in such recommendations.
``(G) Analyzing data from the Office and the Office of
Inspector General telephone hotlines, other whistleblower
disclosures, disaggregated by facility and area of health
care if appropriate, and relevant audits and investigations
to identify trends and issue reports to the Secretary based
on analysis conducted under this subparagraph.
``(H) Receiving, reviewing, and investigating allegations
of misconduct, retaliation, or poor performance involving--
``(i) an individual in a senior executive position (as
defined in section 713(d) of this title) in the Department;
``(ii) an individual employed in a confidential, policy-
making, policy-determining, or policy-advocating position in
the Department; or
``(iii) a supervisory employee, if the allegation involves
retaliation against an employee for making a whistleblower
disclosure.
``(I) Making such recommendations to the Secretary for
disciplinary action as the Assistant Secretary considers
appropriate after substantiating any allegation of misconduct
or poor performance pursuant to an investigation carried out
as described in subparagraph (F) or (H).
``(2) In carrying out the functions of the Office, the
Assistant Secretary shall ensure that the Office maintains a
toll-free telephone number and Internet website to receive
anonymous whistleblower disclosures.
``(3) In any case in which the Assistant Secretary receives
a whistleblower disclosure from an employee of the Department
under paragraph (1)(C), the Assistant Secretary may not
disclose the identity of the employee without the consent of
the employee, except in accordance with the provisions of
section 552a of title 5, or as required by any other
applicable provision of Federal law.
``(d) Staff and Resources.--The Secretary shall ensure that
the Assistant Secretary has such staff, resources, and access
to information as may be necessary to carry out the functions
of the Office.
``(e) Relation to Office of General Counsel.--The Office
shall not be established as an element of the Office of the
General Counsel and the Assistant Secretary may not report to
the General Counsel.
``(f) Reports.--(1)(A) Not later than June 30 of each
calendar year, beginning with June 30, 2017, the Assistant
Secretary shall submit to the Committee on Veterans' Affairs
of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report on the activities of the
Office during the calendar year in which the report is
submitted.
``(B) Each report submitted under subparagraph (A) shall
include, for the period covered by the report, the following:
``(i) A full and substantive analysis of the activities of
the Office, including such statistical information as the
Assistant Secretary considers appropriate.
``(ii) Identification of any issues reported to the
Secretary under subsection (c)(1)(G), including such data as
the Assistant Secretary considers relevant to such issues and
any trends the Assistant Secretary may have identified with
respect to such issues.
``(iii) Identification of such concerns as the Assistant
Secretary may have regarding the size, staffing, and
resources of the Office and such recommendations as the
Assistant Secretary may have for legislative or
administrative action to address such concerns.
``(iv) Such recommendations as the Assistant Secretary may
have for legislative or administrative action to improve--
``(I) the process by which concerns are reported to the
Office; and
``(II) the protection of whistleblowers within the
Department.
``(v) Such other matters as the Assistant Secretary
considers appropriate regarding the functions of the Office
or other matters relating to the Office.
``(2) If the Secretary receives a recommendation for
disciplinary action under subsection (c)(1)(I) and does not
take or initiate the recommended disciplinary action
[[Page H4885]]
before the date that is 60 days after the date on which the
Secretary received the recommendation, the Secretary shall
submit to the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of
Representatives a detailed justification for not taking or
initiating such disciplinary action.
``(g) Definitions.--In this section:
``(1) The term `supervisory employee' means an employee of
the Department who is a supervisor as defined in section
7103(a) of title 5.
``(2) The term `whistleblower' means one who makes a
whistleblower disclosure.
``(3) The term `whistleblower disclosure' means any
disclosure of information by an employee of the Department or
individual applying to become an employee of the Department
which the employee or individual reasonably believes
evidences--
``(A) a violation of a law, rule, or regulation; or
``(B) gross mismanagement, a gross waste of funds, an abuse
of authority, or a substantial and specific danger to public
health or safety.''.
(b) Conforming Amendment.--Section 308(b) of such title is
amended by adding at the end the following new paragraph:
``(12) The functions set forth in section 323(c) of this
title.''.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 3 of such title is amended by adding at
the end the following new item:
``323. Office of Accountability and Whistleblower Protection.''.
SEC. 102. PROTECTION OF WHISTLEBLOWERS IN DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Subchapter II of chapter 7 of title 38,
United States Code, is amended by--
(1) striking sections 731, 732, 734, 735, and 736;
(2) by redesignating section 733 as section 731; and
(3) by adding at the end the following new sections:
``Sec. 732. Protection of whistleblowers as criteria in
evaluation of supervisors
``(a) Development and Use of Criteria Required.--The
Secretary, in consultation with the Assistant Secretary of
Accountability and Whistleblower Protection, shall develop
criteria that--
``(1) the Secretary shall use as a critical element in any
evaluation of the performance of a supervisory employee; and
``(2) promotes the protection of whistleblowers.
``(b) Principles for Protection of Whistleblowers.--The
criteria required by subsection (a) shall include principles
for the protection of whistleblowers, such as the degree to
which supervisory employees respond constructively when
employees of the Department report concerns, take responsible
action to resolve such concerns, and foster an environment in
which employees of the Department feel comfortable reporting
concerns to supervisory employees or to the appropriate
authorities.
``(c) Supervisory Employee and Whistleblower Defined.--In
this section, the terms `supervisory employee' and
`whistleblower' have the meanings given such terms in section
323 of this title.
``Sec. 733. Training regarding whistleblower disclosures
``(a) Training.--Not less frequently than once every two
years, the Secretary, in coordination with the Whistleblower
Protection Ombudsman designated under section 3(d)(1)(C) of
the Inspector General Act of 1978 (5 U.S.C. App.), shall
provide to each employee of the Department training regarding
whistleblower disclosures, including--
``(1) an explanation of each method established by law in
which an employee may file a whistleblower disclosure;
``(2) the right of the employee to petition Congress
regarding a whistleblower disclosure in accordance with
section 7211 of title 5;
``(3) an explanation that the employee may not be
prosecuted or reprised against for disclosing information to
Congress, the Inspector General, or another investigatory
agency in instances where such disclosure is permitted by
law, including under sections 5701, 5705, and 7732 of this
title, under section 552a of title 5 (commonly referred to as
the Privacy Act), under chapter 93 of title 18, and pursuant
to regulations promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (Public
Law 104-191);
``(4) an explanation of the language that is required to be
included in all nondisclosure policies, forms, and agreements
pursuant to section 115(a)(1) of the Whistleblower Protection
Enhancement Act of 2012 (5 U.S.C. 2302 note); and
``(5) the right of contractors to be protected from
reprisal for the disclosure of certain information under
section 4705 or 4712 of title 41.
``(b) Manner Training Is Provided.--The Secretary shall
ensure, to the maximum extent practicable, that training
provided under subsection (a) is provided in person.
``(c) Certification.--Not less frequently than once every
two years, the Secretary shall provide training on merit
system protection in a manner that the Special Counsel
certifies as being satisfactory.
``(d) Publication.--The Secretary shall publish on the
Internet website of the Department, and display prominently
at each facility of the Department, the rights of an employee
to make a whistleblower disclosure, including the information
described in paragraphs (1) through (5) of subsection (a).
``(e) Whistleblower Disclosure Defined.--In this section,
the term `whistleblower disclosure' has the meaning given
such term in section 323 of this title.''.
(b) Clerical Amendments.--The table of sections at the
beginning of such chapter is amended--
(1) by striking the items relating to sections 731 through
736; and
(2) by adding at the end the following new items:
``731. Adverse actions against supervisory employees who commit
prohibited personnel actions relating to whistleblower
complaints.
``732. Protection of whistleblowers as criteria in evaluation of
supervisors.
``733. Training regarding whistleblower disclosures.''.
(c) Conforming Amendments.--Section 731 of such title, as
redesignated by subsection (a)(2), is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) making a whistleblower disclosure to the Assistant
Secretary for Accountability and Whistleblower Protection,
the Inspector General of the Department, the Special Counsel,
or Congress;''; and
(ii) by redesignating subparagraphs (C) through (F) as
subparagraphs (B) through (E), respectively; and
(iii) in subparagraph (B), as redesignated by clause (ii),
by striking ``complaint in accordance with section 732 or
with'' and inserting ``disclosure made to the Assistant
Secretary for Accountability and Whistleblower Protection,'';
and
(B) in paragraph (2), by striking ``through (F)'' and
inserting ``through (E)''; and
(2) by adding at the end the following new subsection:
``(d) Whistleblower Disclosure Defined.--In this section,
the term `whistleblower disclosure' has the meaning given
such term in section 323(g) of this title.''.
SEC. 103. REPORT ON METHODS USED TO INVESTIGATE EMPLOYEES OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Report Required.--Not later than 540 days after the
date of the enactment of this Act, the Assistant Secretary
for Accountability and Whistleblower Protection shall submit
to the Secretary of Veterans Affairs, the Committee on
Veterans' Affairs of the Senate, and the Committee on
Veterans' Affairs of the House of Representatives a report on
methods used to investigate employees of the Department of
Veterans Affairs and whether such methods are used to
retaliate against whistleblowers.
(b) Contents.--The report required by subsection (a) shall
include the following:
(1) An assessment of the use of administrative
investigation boards, peer review, searches of medical
records, and other methods for investigating employees of the
Department.
(2) A determination of whether and to what degree the
methods described in paragraph (1) are being used to
retaliate against whistleblowers.
(3) Recommendations for legislative or administrative
action to implement safeguards to prevent the retaliation
described in paragraph (2).
(c) Whistleblower Defined.--In this section, the term
``whistleblower'' has the meaning given such term in section
323 of title 38, United States Code, as added by section 101.
TITLE II--ACCOUNTABILITY OF SENIOR EXECUTIVES, SUPERVISORS, AND OTHER
EMPLOYEES
SEC. 201. IMPROVED AUTHORITIES OF SECRETARY OF VETERANS
AFFAIRS TO IMPROVE ACCOUNTABILITY OF SENIOR
EXECUTIVES.
(a) In General.--Section 713 of title 38, United States
Code, is amended to read as follows:
``Sec. 713. Senior executives: removal, demotion, or
suspension based on performance or misconduct
``(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--
``(A) advance notice of the action and a file containing
all evidence in support of the proposed action;
``(B) be represented by an attorney or other representative
of the covered individual's choice; 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 aggregate period for notice, response, and
decision on an action under subsection (a) may not exceed 15
business days.
[[Page H4886]]
``(B) The period for the response of a covered individual
to a notice under paragraph (1)(A) of an action under
subsection (a) shall be 7 business days.
``(C) A decision under this paragraph on an action under
subsection (a) shall be issued not later than 15 business
days after notice of the action is provided to the covered
individual under paragraph (1)(A). The decision shall be in
writing, and shall include the specific reasons therefor.
``(3) The Secretary shall ensure that the grievance process
established under paragraph (1)(C) takes fewer than 21 days.
``(4) A decision under paragraph (2) that is not grieved,
and a grievance decision under paragraph (3), shall be final
and conclusive.
``(5) A covered individual adversely affected by a decision
under paragraph (2) that is not grieved, or by a grievance
decision under paragraph (3), may obtain judicial review of
such decision.
``(6) In any case in which judicial review is sought under
paragraph (5), 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.--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), section 7401(1), or section 7401(4) 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.''.
(b) 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''.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 7 of such title is amended by striking
the item relating to section 713 and inserting the following
new item:
``713. Senior executives: removal, demotion, or suspension based on
performance or misconduct.''.
SEC. 202. IMPROVED AUTHORITIES OF SECRETARY OF VETERANS
AFFAIRS TO IMPROVE ACCOUNTABILITY OF EMPLOYEES.
(a) In General.--Subchapter I of chapter 7 of title 38,
United States Code, is amended by inserting after section 713
the following new section:
``Sec. 714. Employees: removal, demotion, or suspension based
on performance or misconduct
``(a) In General.--(1) The Secretary may remove, demote, or
suspend a covered individual who is an employee of the
Department if the Secretary determines the performance or
misconduct of the covered individual warrants such removal,
demotion, or suspension.
``(2) If the Secretary so removes, demotes, or suspends
such a covered individual, the Secretary may--
``(A) remove the covered individual from the civil service
(as defined in section 2101 of title 5);
``(B) demote the covered individual by means of a reduction
in grade for which the covered individual is qualified, that
the Secretary determines is appropriate, and that reduces the
annual rate of pay of the covered individual; or
``(C) suspend the covered individual.
``(b) Pay of Certain Demoted Individuals.--(1)
Notwithstanding any other provision of law, any covered
individual subject to a demotion under subsection (a)(2)
shall, beginning on the date of such demotion, receive the
annual rate of pay applicable to such grade.
``(2)(A) A covered individual so demoted may not be placed
on administrative leave during the period during which an
appeal (if any) under this section is ongoing, and may only
receive pay if the covered individual reports for duty or is
approved to use accrued unused annual, sick, family medical,
military, or court leave.
``(B) If a covered individual so demoted does not report
for duty or receive approval to use accrued unused leave,
such covered individual shall not receive pay or other
benefits pursuant to subsection (d)(5).
``(c) Procedure.--(1)(A) The aggregate period for notice,
response, and final decision in a removal, demotion, or
suspension under this section may not exceed 15 business
days.
``(B) The period for the response of a covered individual
to a notice of a proposed removal, demotion, or suspension
under this section shall be 7 business days.
``(C) Paragraph (3) of subsection (b) of section 7513 of
title 5 shall apply with respect to a removal, demotion, or
suspension under this section.
``(D) The procedures in this subsection shall supersede any
collective bargaining agreement to the extent that such
agreement is inconsistent with such procedures.
``(2) The Secretary shall issue a final decision with
respect to a removal, demotion, or suspension under this
section not later than 15 business days after the Secretary
provides notice, including a file containing all the evidence
in support of the proposed action, to the covered individual
of the removal, demotion, or suspension. The decision shall
be in writing and shall include the specific reasons
therefor.
``(3) The procedures under chapter 43 of title 5 shall not
apply to a removal, demotion, or suspension under this
section.
``(4)(A) Subject to subparagraph (B) and subsection (d),
any removal or demotion under this section, and any
suspension of more than 14 days under this section, may be
appealed to the Merit Systems Protection Board, which shall
refer such appeal to an administrative judge pursuant to
section 7701(b)(1) of title 5.
``(B) An appeal under subparagraph (A) of a removal,
demotion, or suspension may only be made if such appeal is
made not later than 10 business days after the date of such
removal, demotion, or suspension.
``(d) Expedited Review.--(1) Upon receipt of an appeal
under subsection (c)(4)(A), the administrative judge shall
expedite any such appeal under section 7701(b)(1) of title 5
and, in any such case, shall issue a final and complete
decision not later than 180 days after the date of the
appeal.
``(2)(A) Notwithstanding section 7701(c)(1)(B) of title 5,
the administrative judge shall uphold the decision of the
Secretary to remove, demote, or suspend an employee under
subsection (a) if the decision is supported by substantial
evidence.
``(B) Notwithstanding title 5 or any other provision of
law, if the decision of the Secretary is supported by
substantial evidence, the administrative judge shall not
mitigate the penalty prescribed by the Secretary.
``(3)(A) The decision of the administrative judge under
paragraph (1) may be appealed to the Merit Systems Protection
Board.
``(B) Notwithstanding section 7701(c)(1)(B) of title 5, the
Merit Systems Protection Board shall uphold the decision of
the Secretary to remove, demote, or suspend an employee under
subsection (a) if the decision is supported by substantial
evidence.
``(C) Notwithstanding title 5 or any other provision of
law, if the decision of the Secretary is supported by
substantial evidence, the Merit Systems Protection Board
shall not mitigate the penalty prescribed by the Secretary.
``(4) In any case in which the administrative judge cannot
issue a decision in accordance with the 180-day requirement
under paragraph (1), the Merit Systems Protection Board
shall, not later than 14 business days after the expiration
of the 180-day period, submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report that explains the
reasons why a decision was not issued in accordance with such
requirement.
``(5)(A) A decision of the Merit Systems Protection Board
under paragraph (3) may be appealed to the United States
Court of Appeals for the Federal Circuit pursuant to section
7703 of title 5 or to any court of appeals of competent
jurisdiction pursuant to subsection (b)(1)(B) of such
section.
``(B) Any decision by such Court shall be in compliance
with section 7462(f)(2) of this title.
``(6) The Merit Systems Protection Board may not stay any
removal or demotion under this section, except as provided in
section 1214(b) of title 5.
``(7) During the period beginning on the date on which a
covered individual appeals a removal from the civil service
under subsection (c) and ending on the date that the United
States Court of Appeals for the Federal Circuit 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 related to the employment of the individual by the
Department.
``(8) 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 this subsection is expedited.
``(9) If an employee prevails on appeal under this section,
the employee shall be entitled to backpay (as provided in
section 5596 of title 5).
``(10) If an employee who is subject to a collective
bargaining agreement chooses to grieve an action taken under
this section through a grievance procedure provided under the
collective bargaining agreement, the timelines and procedures
set forth in subsection (c) and this subsection shall apply.
``(e) Whistleblower Protection.--(1) In the case of a
covered individual seeking corrective action (or on behalf of
whom corrective action is sought) from the Office of Special
Counsel based on an alleged prohibited personnel practice
described in section 2302(b) of title 5, the Secretary may
not remove, demote, or suspend such covered individual under
subsection (a) without the approval of the Special Counsel
under section 1214(f) of title 5.
[[Page H4887]]
``(2) In the case of a covered individual who has made a
whistleblower disclosure to the Assistant Secretary for
Accountability and Whistleblower Protection, the Secretary
may not remove, demote, or suspend such covered individual
under subsection (a) until--
``(A) in the case in which the Assistant Secretary
determines to refer the whistleblower disclosure under
section 323(c)(1)(D) of this title to an office or other
investigative entity, a final decision with respect to the
whistleblower disclosure has been made by such office or
other investigative entity; or
``(B) in the case in which the Assistant Secretary
determines not to the refer the whistleblower disclosure
under such section, the Assistant Secretary makes such
determination.
``(f) Termination of Investigations by Office of Special
Counsel.--(1) Notwithstanding any other provision of law, the
Special Counsel (established by section 1211 of title 5) may
terminate an investigation of a prohibited personnel practice
alleged by an employee or former employee of the Department
after the Special Counsel provides to the employee or former
employee a written statement of the reasons for the
termination of the investigation.
``(2) Such statement may not be admissible as evidence in
any judicial or administrative proceeding without the consent
of such employee or former employee.
``(g) Vacancies.--In the case of a covered individual who
is removed or demoted under subsection (a), to the maximum
extent feasible, the Secretary shall fill the vacancy arising
as a result of such removal or demotion.
``(h) Definitions.--In this section:
``(1) The term `covered individual' means an individual
occupying a position at the Department, but does not
include--
``(A) an individual occupying a senior executive position
(as defined in section 713(d) of this title);
``(B) an individual appointed pursuant to sections 7306,
7401(1), 7401(4), or 7405 of this title;
``(C) an individual who has not completed a probationary or
trial period; or
``(D) a political appointee.
``(2) The term `suspend' means the placing of an employee,
for disciplinary reasons, in a temporary status without
duties and pay for a period in excess of 14 days.
``(3) The term `grade' has the meaning given such term in
section 7511(a) of title 5.
``(4) 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.
``(5) 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, Code of Federal Regulations, or successor
regulation.
``(6) The term `whistleblower disclosure' has the meaning
given such term in section 323(g) of this title.''.
(b) Clerical and Conforming Amendments.--
(1) Clerical.--The table of sections at the beginning of
chapter 7 of such title is amended by inserting after the
item relating to section 713 the following new item:
``714. Employees: removal, demotion, or suspension based on performance
or misconduct.''.
(2) Conforming.--Section 4303(f) of title 5, United States
Code, is amended--
(A) in paragraph (2), by striking ``or'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting ``, or''; and
(C) by adding at the end the following:
``(4) any removal or demotion under section 714 of title
38.''.
SEC. 203. REDUCTION OF BENEFITS FOR DEPARTMENT OF VETERANS
AFFAIRS EMPLOYEES CONVICTED OF CERTAIN CRIMES.
(a) Reduction of Benefits.--
(1) In general.--Subchapter I of chapter 7 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 719. Reduction of benefits of employees convicted of
certain crimes
``(a) Reduction of Annuity for Removed Employee.--(1) The
Secretary shall order that the covered service of an employee
of the Department removed from a position for performance or
misconduct under section 713, 714, or 7461 of this title or
any other provision of law shall not be taken into account
for purposes of calculating an annuity with respect to such
individual under chapter 83 or chapter 84 of title 5, if--
``(A) the Secretary determines that the individual is
convicted of a felony (and the conviction is final) that
influenced the individual's performance while employed in the
position; and
``(B) before such order is made, the individual is
afforded--
``(i) notice of the proposed order; and
``(ii) an opportunity to respond to the proposed order by
not later than ten business days following receipt of such
notice; and
``(C) the Secretary issues the order--
``(i) in the case of a proposed order to which an
individual responds under subparagraph (B)(ii), not later
than five business days after receiving the response of the
individual; or
``(ii) in the case of a proposed order to which an
individual does not respond, not later than 15 business days
after the Secretary provides notice to the individual under
subparagraph (B)(i).
``(2) Any individual with respect to whom an annuity is
reduced under this subsection may appeal the reduction to the
Director of the Office of Personnel Management pursuant to
such regulations as the Director may prescribe for purposes
of this subsection.
``(b) Reduction of Annuity for Retired Employee.--(1) The
Secretary may order that the covered service of an individual
who the Secretary proposes to remove for performance or
misconduct under section 713, 714, or 7461 of this title or
any other provision of law but who leaves employment at the
Department prior to the issuance of a final decision with
respect to such action shall not be taken into account for
purposes of calculating an annuity with respect to such
individual under chapter 83 or chapter 84 of title 5, if--
``(A) the Secretary determines that individual is convicted
of a felony (and the conviction is final) that influenced the
individual's performance while employed in the position; and
``(B) before such order is made, the individual is
afforded--
``(i) notice of the proposed order;
``(ii) opportunity to respond to the proposed order by not
later than ten business days following receipt of such
notice; and
``(C) the Secretary issues the order--
``(i) in the case of a proposed order to which an
individual responds under subparagraph (B)(ii), not later
than five business days after receiving the response of the
individual; or
``(ii) in the case of a proposed order to which an
individual does not respond, not later than 15 business days
after the Secretary provides notice to the individual under
subparagraph (B)(i).
``(2) Upon the issuance of an order by the Secretary under
paragraph (1), the individual shall have an opportunity to
appeal the order to the Director of the Office of Personnel
Management before the date that is seven business days after
the date of such issuance.
``(3) The Director of the Office of Personnel Management
shall make a final decision with respect to an appeal under
paragraph (2) within 30 business days of receiving the
appeal.
``(c) Administrative Requirements.--Not later than 37
business days after the Secretary issues a final order under
subsection (a) or (b) with respect to an individual, the
Director of the Office of Personnel Management shall
recalculate the annuity of the individual.
``(d) Lump-Sum Annuity Credit.--Any individual with respect
to whom an annuity is reduced under subsection (a) or (b)
shall be entitled to be paid so much of such individual's
lump-sum credit as is attributable to the period of covered
service.
``(e) Spouse or Children Exception.--(1) The Secretary, in
consultation with the Director of the Office of Personnel
Management, shall prescribe regulations that may provide for
the payment to the spouse or children of any individual
referred to in subsection (a) or (b) of any amounts which
(but for this subsection) would otherwise have been
nonpayable by reason of such subsections.
``(2) Regulations prescribed under paragraph (1) shall be
consistent with the requirements of section 8332(o)(5) and
8411(l)(5) of title 5, as the case may be.
``(f) Definitions.--In this section:
``(1) The term `covered service' means, with respect to an
individual subject to a removal for performance or misconduct
under section 719 or 7461 of this title or any other
provision of law, the period of service beginning on the date
that the Secretary determines under such applicable provision
that the individual engaged in activity that gave rise to
such action and ending on the date that the individual is
removed from or leaves a position of employment at the
Department prior to the issuance of a final decision with
respect to such action.
``(2) The term `lump-sum credit' has the meaning given such
term in section 8331(8) or section 8401(19) of title 5, as
the case may be.
``(3) The term `service' has the meaning given such term in
section 8331(12) or section 8401(26) of title 5, as the case
may be.''.
(2) 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 717 the following new
item:
``719. Reduction of benefits of employees convicted of certain
crimes.''.
(b) Application.--Section 719 of title 38, United States
Code, as added by subsection (a)(1), shall apply to any
action of removal of an employee of the Department of
Veterans Affairs under section 719 or 7461 of such title or
any other provision of law, commencing on or after the date
of the enactment of this Act.
SEC. 204. AUTHORITY TO RECOUP BONUSES OR AWARDS PAID TO
EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Subchapter I of chapter 7 of title 38,
United States Code, as amended
[[Page H4888]]
by section 203, is further amended by adding at the end the
following new section:
``Sec. 721. Recoupment of bonuses or awards paid to employees
of Department
``(a) In General.--Notwithstanding any other provision of
law, the Secretary may issue an order directing an employee
of the Department to repay the amount, or a portion of the
amount, of any award or bonus paid to the employee under
title 5, including under chapters 45 or 53 of such title, or
this title if--
``(1) the Secretary determines that the individual engaged
in misconduct or poor performance prior to payment of the
award or bonus, and that such award or bonus would not have
been paid, in whole or in part, had the misconduct or poor
performance been known prior to payment; and
``(2) before such repayment, the employee is afforded--
``(A) notice of the proposed order; and
``(B) an opportunity to respond to the proposed order by
not later than 10 business days after the receipt of such
notice; and
``(3) the Secretary issues the order--
``(A) in the case of a proposed order to which an
individual responds under paragraph (2)(B), not later than
five business days after receiving the response of the
individual; or
``(B) in the case of a proposed order to which an
individual does not respond, not later than 15 business days
after the Secretary provides notice to the individual under
paragraph (2)(A).
``(b) Appeal of Order of Secretary.--(1) Upon the issuance
of an order by the Secretary under subsection (a) with
respect to an individual, the individual shall have an
opportunity to appeal the order to the Director of the Office
of Personnel Management before the date that is seven
business days after the date of such issuance.
``(2) The Director shall make a final decision with respect
to an appeal under paragraph (1) within 30 business days
after receiving such appeal.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter, as amended by section 203(a)(2),
is further amended by inserting after the item relating to
section 719 the following new item:
``721. Recoupment of bonuses or awards paid to employees of
Department.''.
(c) Effective Date.--Section 721 of title 38, United States
Code, as added by subsection (a), shall apply with respect to
an award or bonus paid by the Secretary of Veterans Affairs
to an employee of the Department of Veterans Affairs on or
after the date of the enactment of this Act.
(d) Construction.--Nothing in this Act or the amendments
made by this Act may be construed to modify the certification
issued by the Office of Personnel Management and the Office
of Management and Budget regarding the performance appraisal
system of the Senior Executive Service of the Department of
Veterans Affairs.
SEC. 205. AUTHORITY TO RECOUP RELOCATION EXPENSES PAID TO OR
ON BEHALF OF EMPLOYEES OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Subchapter I of chapter 7 of title 38,
United States Code, as amended by section 204, is further
amended by adding at the end the following new section:
``Sec. 723. Recoupment of relocation expenses paid on behalf
of employees of Department
``(a) In General.--Notwithstanding any other provision of
law, the Secretary may issue an order directing an employee
of the Department to repay the amount, or a portion of the
amount, paid to or on behalf of the employee under title 5
for relocation expenses, including any expenses under section
5724 or 5724a of such title, or this title if--
``(1) the Secretary determines that relocation expenses
were paid following an act of fraud or malfeasance that
influenced the authorization of the relocation expenses;
``(2) before such repayment, the employee is afforded--
``(A) notice of the proposed order; and
``(B) an opportunity to respond to the proposed order not
later than ten business days following the receipt of such
notice; and
``(3) the Secretary issues the order--
``(A) in the case of a proposed order to which an
individual responds under paragraph (2)(B), not later than
five business days after receiving the response of the
individual; or
``(B) in the case of a proposed order to which an
individual does not respond, not later than 15 business days
after the Secretary provides notice to the individual under
paragraph (2)(A).
``(b) Appeal of Order of Secretary.--(1) Upon the issuance
of an order by the Secretary under subsection (a) with
respect to an individual, the individual shall have an
opportunity to appeal the order to the Director of the Office
of Personnel Management before the date that is seven
business days after the date of such issuance.
``(2) The Director shall make a final decision with respect
to an appeal under paragraph (1) within 30 days after
receiving such appeal.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is further amended by inserting
after the item relating to section 721, as added by section
204(b), the following new item:
``723. Recoupment of relocation expenses paid on behalf of employees of
Department.''.
(c) Effective Date.--Section 723 of title 38, United States
Code, as added by subsection (a), shall apply with respect to
an amount paid by the Secretary of Veterans Affairs to or on
behalf of an employee of the Department of Veterans Affairs
for relocation expenses on or after the date of the enactment
of this Act.
SEC. 206. TIME PERIOD FOR RESPONSE TO NOTICE OF ADVERSE
ACTIONS AGAINST SUPERVISORY EMPLOYEES WHO
COMMIT PROHIBITED PERSONNEL ACTIONS.
Section 731(a)(2)(B) of title 38, United States Code, as
redesignated by section 102(a)(2), is amended--
(1) in clause (i), by striking ``14 days'' and inserting
``10 days''; and
(2) in clause (ii), by striking ``14-day period'' and
inserting ``10-day period''.
SEC. 207. DIRECT HIRING AUTHORITY FOR MEDICAL CENTER
DIRECTORS AND VISN DIRECTORS.
(a) In General.--Section 7401 of title 38, United States
Code, is amended by adding at the end the following new
paragraph:
``(4) Directors of medical centers and directors of
Veterans Integrated Service Networks with demonstrated
ability in the medical profession, in health care
administration, or in health care fiscal management.''.
(b) Conforming Amendments.--Section 7404(a)(1) of such
title is amended--
(1) by inserting ``(A)'' before ``The annual''; and
(2) in subparagraph (A), as designated by paragraph (1)--
(A) by inserting ``and 7401(4)'' after ``7306''; and
(B) by adding at the end the following new subparagraph:
``(B) Section 5377 of title 5 shall apply to a position
under section 7401(4) of this title as if such position were
included in the definition of `position' in section 5377(a)
of title 5.''.
SEC. 208. TIME PERIODS FOR REVIEW OF ADVERSE ACTIONS WITH
RESPECT TO CERTAIN EMPLOYEES.
(a) Physicians, Dentists, Podiatrists, Chiropractors,
Optometrists, Registered Nurses, Physician Assistants, and
Expanded-function Dental Auxiliaries.--Paragraph (2) of
section 7461(b) of title 38, United States Code, is amended
to read as follows:
``(2) In any case other than a case described in paragraph
(1) that involves or includes a question of professional
conduct or competence in which a major adverse action was not
taken, such an appeal shall be made through Department
grievance procedures under section 7463 of this title.''.
(b) Major Adverse Actions Involving Professional Conduct or
Competence.--Section 7462(b) of such title is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by inserting
``, within the aggregate time period specified in paragraph
(5)(A),'' after ``is entitled'';
(B) in subparagraph (A)--
(i) by striking ``At least 30 days advance written notice''
and inserting ``Advance written notice'';
(ii) by striking ``and a statement'' and inserting ``a
statement''; and
(iii) by inserting ``and a file containing all the evidence
in support of each charge,'' after ``with respect to each
charge,''; and
(C) in subparagraph (B), by striking ``A reasonable time,
but not less than seven days'' and inserting ``The
opportunity, within the time period provided for in paragraph
(4)(A)'';
(2) by striking paragraph (3) and inserting the following
new paragraph (3):
``(3) After considering the employee's answer, if any, and
within the time period provided for in paragraph (5)(B), the
deciding official shall render a decision on the charges. The
decision shall be in writing and shall include the specific
reasons therefor.'';
(3) in paragraph (4)--
(A) by striking subparagraph (A) and inserting the
following new subparagraph (A):
``(A) The period for the response of an employee under
paragraph (1)(B) to advance written under paragraph (1)(A)
shall be seven business days.''; and
(B) in subparagraph (B), by striking ``30 days'' and
inserting ``seven business days''; and
(4) by adding at the end the following new paragraphs:
``(5)(A) The aggregate period for the resolution of charges
against an employee under this subsection may not exceed 15
business days.
``(B) The deciding official shall render a decision under
paragraph (3) on charges under this subsection not later than
15 business days after the Under Secretary provides notice on
the charges for purposes of paragraph (1)(A).
``(6) The procedures in this subsection shall supersede any
collective bargaining agreement to the extent that such
agreement is inconsistent with such procedures.''.
(c) Other Adverse Actions.--Section 7463(c) of such title
is amended--
(1) in paragraph (1), by striking ``the same notice and
opportunity to answer with respect to those charges as
provided in subparagraphs (A) and (B) of section 7462(b)(1)
of this title'' and inserting ``notice and an opportunity to
answer with respect to those charges in accordance with
subparagraphs (A) and (B) of section 7462(b)(1) of this
title, but within the time periods specified in paragraph
(3)'';
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by inserting
``, within the aggregate
[[Page H4889]]
time period specified in paragraph (3)(A),'' after ``is
entitled'';
(B) in subparagraph (A), by striking ``an advance written
notice'' and inserting ``written notice''; and
(C) in subparagraph (B), by striking ``a reasonable time''
and inserting ``time to answer''; and
(3) by adding at the end the following new paragraph (3):
``(3)(A) The aggregate period for the resolution of charges
against an employee under paragraph (1) or (2) may not exceed
15 business days.
``(B) The period for the response of an employee under
paragraph (1) or (2)(B) to written notice of charges under
paragraph (1) or (2)(A), as applicable, shall be seven
business days.
``(C) The deciding official shall render a decision on
charges under paragraph (1) or (2) not later than 15 business
days after notice is provided on the charges for purposes of
paragraph (1) or (2)(A), as applicable.''.
SEC. 209. 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.
SEC. 210. ASSESSMENT AND REPORT ON EFFECT ON SENIOR
EXECUTIVES AT DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than two years after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall--
(1) measure and assess the effect of the enactment of this
title on the morale, engagement, hiring, promotion,
retention, discipline, and productivity of individuals in
senior executive positions at the Department of Veterans
Affairs; and
(2) submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the findings of the Secretary
with respect to the measurement and assessment carried out
under paragraph (1).
(b) Elements.--The assessment required by subsection (a)(1)
shall include the following:
(1) With respect to engagement, trends in morale of
individuals in senior executive positions and individuals
aspiring to senior executive positions.
(2) With respect to promotions--
(A) whether the Department is experiencing an increase or
decrease in the number of employees participating in
leadership development and candidate development programs
with the intention of becoming candidates for senior
executive positions; and
(B) trends in applications to senior executive positions
within the Department.
(3) With respect to retention--
(A) trends in retirement rates of individuals in senior
executive positions at the Department;
(B) trends in quit rates of individuals in senior executive
positions at the Department;
(C) rates of transfer of--
(i) individuals from other Federal agencies into senior
executive positions at the Department; and
(ii) individuals from senior executive positions at the
Department to other Federal agencies; and
(D) trends in total loss rates by job function.
(4) With respect to disciplinary processes--
(A) regarding individuals in senior executive positions at
the Department who are the subject of disciplinary action--
(i) the length of the disciplinary process in days for such
individuals both before the date of the enactment of this Act
and under the provisions of this Act described in subsection
(a)(1); and
(ii) the extent to which appeals by such individuals are
upheld under such provisions as compared to before the date
of the enactment of this Act;
(B) the components or offices of the Department which
experience the greatest number of proposed adverse actions
against individuals in senior executive positions and
components and offices which experience the least relative to
the size of the components or offices' total number of senior
executive positions;
(C) the tenure of individuals in senior executive positions
who are the subject of disciplinary action;
(D) whether the individuals in senior executive positions
who are the subject of disciplinary action have previously
been disciplined; and
(E) the number of instances of disciplinary action taken by
the Secretary against individuals in senior executive
positions at the Department as compared to governmentwide
discipline against individuals in Senior Executive Service
positions (as defined in section 3132(a) of title 5, United
States Code) as a percentage of the total number of
individuals in senior executive positions at the Department
and Senior Executive Service positions (as so defined).
(5) With respect to hiring--
(A) the degree to which the skills of newly hired
individuals in senior executive positions at the Department
are appropriate with respect to the needs of the Department;
(B) the types of senior executive positions at the
Department most commonly filled under the authorities in the
provisions described in subsection (a)(1);
(C) the number of senior executive positions at the
Department filled by hires outside of the Department compared
to hires from within the Department;
(D) the length of time to fill a senior executive position
at the Department and for a new hire to begin working in a
new senior executive position;
(E) the mission-critical deficiencies filled by newly hired
individuals in senior executive positions and the connection
between mission-critical deficiencies filled under the
provisions described in subsection (a) and annual performance
of the Department;
(F) the satisfaction of applicants for senior executive
positions at the Department with the hiring process,
including the clarity of job announcements, reasons for
withdrawal of applications, communication regarding status of
applications, and timeliness of hiring decision; and
(G) the satisfaction of newly hired individuals in senior
executive positions at the Department with the hiring process
and the process of joining and becoming oriented with the
Department.
(c) Senior Executive Position Defined.--In this section,
the term ``senior executive position'' has the meaning given
such term in section 713 of title 38, United States Code.
SEC. 211. MEASUREMENT OF DEPARTMENT OF VETERANS AFFAIRS
DISCIPLINARY PROCESS OUTCOMES AND
EFFECTIVENESS.
(a) Measuring and Collecting.--
(1) In general.--The Secretary of Veterans Affairs shall
measure and collect information on the outcomes of
disciplinary actions carried out by the Department of
Veterans Affairs during the three-year period ending on the
date of the enactment of this Act and the effectiveness of
such actions.
(2) Elements.--In measuring and collecting pursuant to
paragraph (1), the Secretary shall measure and collect
information regarding the following:
(A) The average time from the initiation of an adverse
action against an employee at the Department to the final
resolution of that action.
(B) The number of distinct steps and levels of review
within the Department involved in the disciplinary process
and the average length of time required to complete these
steps.
(C) The rate of use of alternate disciplinary procedures
compared to traditional disciplinary procedures and the
frequency with which employees who are subject to alternative
disciplinary procedures commit additional offenses.
(D) The number of appeals from adverse actions filed
against employees of the Department, the number of appeals
upheld, and the reasons for which the appeals were upheld.
(E) The use of paid administrative leave during the
disciplinary process and the length of such leave.
(b) Report.--
(1) In general.--Not later than December 31, 2017, the
Secretary shall submit to the appropriate committees of
Congress a report on the disciplinary procedures and actions
of the Department.
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) The information collected under subsection (a).
(B) The findings of the Secretary with respect to the
measurement and collection carried out under subsection (a).
(C) An analysis of the disciplinary procedures and actions
of the Department.
(D) Suggestions for improving the disciplinary procedures
and actions of the Department.
(E) Such other matters as the Secretary considers
appropriate.
(3) Appropriate committees of congress.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Appropriations and the Committee on
Veterans' Affairs of the Senate; and
(B) the Committee on Appropriations and the Committee on
Veterans' Affairs of the House of Representatives.
The SPEAKER pro tempore. The bill shall be debatable for 1 hour,
equally divided and controlled by the chair and ranking minority member
of the Committee on Veterans' Affairs.
The gentleman from Tennessee (Mr. Roe) and the gentleman from
Minnesota (Mr. Walz) each will control 30 minutes.
The Chair recognizes the gentleman from Tennessee.
Mr. ROE of Tennessee. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, this is a historic day. You and many Members of this
body
[[Page H4890]]
are well aware that bringing real accountability to the Department of
Veterans Affairs has been a goal of mine and many of my colleagues for
many years. That is why I am proud to rise today to support S. 1094,
which passed the United States Senate last week via voice vote.
This bill is heavily modeled off of my bill, H.R. 1259, which passed
out of the House with bipartisan support earlier this Congress, and I
am proud to have worked with Senators Isakson, Tester, and Rubio to
craft this vital piece of legislation.
The Department of Veterans Affairs Accountability and Whistleblower
Protection Act of 2017 would provide the Secretary of the Department of
Veterans Affairs with yet another tool to instill accountability at VA
by giving him the authority to expeditiously remove, demote, or suspend
any VA employee for poor performance or misconduct while still
preserving an employee's rights to due process.
This bill would create an expedited procedure for all VA employees to
respond and appeal to proposed removals, demotions, and suspensions for
performance or misconduct, or in the case of title 38 employees, which
are our healthcare providers, for a question involving direct patient
care or clinical competence.
The prenotification and response process would have to be completed
within 15 business days, and the employee would be entitled to an
expedited appeal to the Merit Systems Protection Board where the first
step at the administrative judge level would be limited to 180 days.
Additionally, either party would be able to appeal the administrative
judge's decision to the full MSPB and would be provided the opportunity
for limited judicial review.
This bill would also provide improved protections for whistleblowers
by creating a new office and an Assistant Secretary position
specifically for accountability and whistleblowers. It would allow the
Secretary to reduce an employee's Federal pension if they are convicted
of a felony that influenced their job at VA. It would provide the
Secretary with the authority to recoup a bonus provided to an employee
who engaged in misconduct or malfeasance prior to receiving the bonus,
and would allow the Secretary to recoup any relocation expenses that
were authorized for a VA employee only through the employee's ill-
gotten means, such as fraud, waste, or malfeasance.
Lastly, it would also provide the Secretary with the direct hiring
authority he has been asking for so that he can hire medical center
directors and VISN directors in a more expedited manner and fill the
leadership vacancies across VA.
Mr. Speaker, as I have always said, I agree with all of my colleagues
that the vast majority of VA employees--many of whom I know personally
and call friends--are hardworking public servants who are dedicated to
providing quality healthcare and benefits for veterans.
But for far too long, the failures of bad actors have tarnished the
good name of all VA employees. Unfortunately, despite the tireless
efforts of our courageous whistleblowers, the extensive reporting on a
lack of accountability by the media and the outrage of the American
public, we still see far too many instances of VA employees not living
up to the standards America expects. Most importantly, they are not
living up to the standards that the men and women who have served this
great Nation deserve.
This isn't a political issue. This is a veterans' issue. I can't
imagine how any Member of this body can defend not standing for
veterans to vote for this bipartisan legislation. The lack of
accountability isn't specific to any one area of the Department. It is
systemic. In the last few years, the committee discovered an instance
of a VA nurse scrubbing in drunk for a veteran's surgery--I found that
unbelievable--and a care support specialist in the agency's drug and
addiction program taking a recovering addict to a crack house to buy
him drugs and a prostitute, a VA medical center clerk participating in
an armed robbery, and a practitioner watching pornography at work while
they were supposedly treating a patient.
What is more, it has been proven that some senior managers have
retaliated against whistleblowers, costing VA and, in turn, taxpayers
hundreds of thousands of dollars in restitution.
All of these acts in and of themselves are egregious, but they are
just the tip of the iceberg. They have one thing in common: none of
these employees were held accountable in a reasonable timeframe, if at
all.
There are many factors that contribute to this failure, but an
antiquated civil service system and a complicated grievance process
have left VA unwilling--and sometimes just unable--to jump through the
many hoops to do what is right. This is not an issue unique to VA. Too
often it is nearly impossible to remove a poorly performing government
employee.
Officials on both sides of the aisle have expressed their concern
about the current process to remove or discipline subpar employees.
Just last year, Mr. Speaker, VA's then-Deputy Secretary Sloan Gibson
sat before our committee and admitted that it was too difficult to fire
a substandard VA employee.
Further, the Government Accountability Office studied the
government's ability to hold low-performing employees accountable and
found that it took 6 months to a year on average, and sometimes
significantly longer, to fire a poorly performing government employee--
6 months to a year.
I have heard concerns that the bill will hurt the Department's
ability to recruit and retain good employees. I don't buy this argument
as every employee I speak to tells me the exact opposite.
Good employees want to work in an environment where they know
everyone can be held accountable for their actions. I believe the
current status quo hurts the morale of the employees who are doing the
right thing each and every day.
This is the same for employees of the Department who are veterans. I
know that some have said that this would hurt veterans who are employed
at the VA since they make up a large percentage of our VA employees.
But as a veteran myself and as my fellow veterans here today would
agree, we don't serve, whether in uniform or civilian clothes, because
we prioritize our individual protection. The mission always comes
first, and at VA, the mission is our veterans.
{time} 1445
Veterans want to work alongside colleagues they know are working hard
for the men and women who they served alongside.
Mr. Speaker, before I close, I want to acknowledge some individuals
who have made this bill become a reality.
First and foremost, I want to thank the 18 veterans groups
representing millions of veterans and their families who are supporting
this bill and real accountability at the VA. Many of them are in the
gallery today, and I can't thank them enough for all they have done and
all they continue to do for our Nation's heroes.
Many of these groups took a courageous stand in support of VA
accountability, even when it wasn't a politically popular idea. And I
especially want to thank Concerned Veterans for America, The American
Legion, and Paralyzed Veterans of America for being some of our
earliest and staunchest supporters.
I also want to thank someone who, this Congress, has been with us
from day one, and that is the Secretary of the Department of Veterans
Affairs, Dr. David Shulkin. We have worked with Secretary Shulkin and
his team to draft the bill that is before us today, and I am thankful
for his and President Trump's support.
President Trump and Secretary Shulkin have endorsed this legislation,
not because they want to punish or make it harder to recruit employees,
but because they see this change is needed if the Secretary is going to
meet the President's goal of truly reforming the VA.
I also want to thank the bipartisan group of Senators who we worked
with in crafting this bill, including Senator Isakson; Senator Tester;
and the primary sponsor, Senator Rubio. Senator Rubio and his staff
have been with me every step of the way, and I am thankful for his and
his staff's efforts over the years.
I also want to thank a good friend of mine, Ranking Member Walz, and
his staff for their support and leadership.
[[Page H4891]]
They have been fantastic. I also want to thank Speaker Ryan and
Majority Leader McCarthy and their staffs for helping us bring this
bill to the floor.
Lastly, I would like to single out former Veterans' Affairs Committee
Chairman Jeff Miller, a good friend, great leader of this committee,
and my chairman for 6 years. His leadership got the ball rolling on
this issue, which led to House-passed legislation twice last Congress
and kept the spotlight on accountability issues at VA through his
dogged oversight.
Finally, I would like to thank my staff, and especially the
professional and communications staff of the House Committee on
Veterans' Affairs, for their years of hard work on this issue.
Mr. Speaker, today, we have a bipartisan, bicameral bill that makes
meaningful change to VA's civil service system, while maintaining due
process rights.
Today, we have the opportunity to make real and lasting changes to a
broken system.
Today, we can stand together with veterans against the status quo
that has failed them for far too long. They deserve better.
I hope all of you will join me, and the 18 veterans organizations
that support this legislation, to do what is right and send this bill
to the President's desk.
Mr. Speaker, I reserve the balance of my time.
Mr. WALZ. Mr. Speaker, I yield myself such time as I may consume.
I would like to associate myself with the chairman's remarks,
especially the thanks of all the people involved in this. I think, Mr.
Speaker, this is the third time we have come to this body this
Congress, as the chairman and the ranking member of the VA Committee,
as fellow veterans, as friends and American citizens, on issues of
utmost importance to our veterans. We do have a constituency. We do
have a special interest group that we look out for: America's veterans.
Those 18 groups, plus millions of Americans across this country,
their collective voices through their organizations, through the
Disabled American Veterans, through The American Legion, articulate
every Congress in front of us what their top priorities are. This year,
they came in front of us and said the three things that Congress needs
to get done, needs to get right, and needs to get moving as soon as
possible in this 2-year period that we have is: appeals reform, choice
extension of care in the community, and an accountability bill.
Well, I am proud to say this is the third of those three. The other
two have moved here in a bipartisan manner.
In the climate that we are in, and the uncertainty that the American
public is feeling--quite honestly, probably the frustration they feel
with this body--I think it is important to note that none of those
things were easy lifts, none of them were locked in, and many of them
contained things that were pretty ideologically polarizing.
Chairman Roe, through his leadership and with the professional staff,
was able to navigate to get to that point that the top priority and
focus was care for veterans--making sure that care is delivered in a
timely manner; making sure those delivering the care are the best
possible; and, as the chairman said, if they are doing their job, they
are afforded their constitutional rights and appeals. If they are not,
I agree with the chairman, they should be removed as quickly as
possible. They should certainly not be rewarded for that. That
strengthens the VA. That strengthens those good employees.
Again, keep this in mind: This is the second largest agency in the
Federal Government. It has a $190 billion budget. It has 350,000-plus
employees. It is an issue that unites us and that Americans are
passionate about.
So we stand before you today with an issue that is unified, as
Americans, as accountability. Certainly, the examples that Chairman Roe
mentioned, no one is going to defend those. I am pleased because I
think the chairman clearly understands that every time one of those
issues goes unaddressed in a timely manner, it hurts the morale of the
entire agency and erodes trust in the system by Americans.
Those veterans who use the VA system know they are getting quality
care. On any given day, tens of thousands of appointments and
procedures are being carried out in the most professional manner. All
of that is undermined if a bad employee is allowed to not live up to
those standards.
So I am pleased to say that I am in full support of this piece of
legislation. The way this was done is the way we are taught in school
how it is supposed to work. We debate, we send something there, we
don't agree, then we let the Senate do that. We all work together to
get something. We bring back that little, I am just a bill sitting on
Capitol Hill. Now it is back over here. It is not perfect in everyone's
mind, but it is certainly perfect in terms of how legislation is done
and reaching those goals. Everyone compromised.
I think the chairman needs to be singled out on this. I thank him for
commenting about Chairman Miller. We had Mike Michaud on our side work
on that, too. Others have been here and done it, but we needed someone
to get it over the line.
The three pieces I mentioned--appeals, choice, and accountability--
are certainly things that were on everybody's mind. All three are going
to pass through this House.
Just a couple of notes on this. This does maintain due process
protections for employees, and I support that. I hope we can come
together and pass the compromise piece.
The bill promotes accountability by giving the VA the tools it needs
to hold bad employees accountable, while maintaining those
constitutional-mandated workplace rights.
At this point, I would say that Secretary Shulkin has earned the
trust of, certainly, this committee, certainly of the veterans service
organizations, and I would say, if you don't know, the American people.
He has asked for some of these things. I take that very seriously. If
he says this will add to accountability, if he says this will make his
job better in delivering care for veterans, that weighs heavily.
He asked us for these things. He asked and was part of making that.
We should be grateful that he is willing to work with Congress.
It also requires VA to evaluate supervisors based on their protection
of whistleblowers. This commonsense provision aligns the incentives for
supervisors to protect whistleblowers when they shed light on dangerous
situations and problematic employees at the agency.
I want to be clear: we don't support collective bargaining rights
just because it is a union issue that we think should be there, those
of us who ideologically believe workplace protections allow for a
larger voice and protect good employees who are pointing out bad
behavior from being arbitrarily fired without a collective will to
fight back.
One person in a manager's office with no support or no legal right is
a very dangerous situation. One employee being backed by workplace
guarantees and their union collectively bargained rights helps make us
stronger.
The bill requires the VA to improve its training regarding
whistleblower disclosures. This is a really key piece. We want to
ensure there are no excuses for employees at the VA to not know how to
handle protected disclosures. Proper training will be a key to ensure
all employees and not just supervisors understand the importance.
No matter what this bill does, it would be hard to support if it
didn't do the things the chairman said. It does protect those
constitutional rights. It maintains all existing due process
protections in current law by ensuring there is notice and an
opportunity to respond before an employee is fired.
The bill even improves the appeals process by requiring the VA to
provide an employee with the complete evidence file when they are
fired, thereby empowering them to appeal sooner. If someone is
wrongfully accused of wrongdoing, now they are going to see and have
the entire file. We are just asking that they do it sooner.
If someone commits one of the acts that the chairman talked about, it
is indefensible for it to take 6 months or a year to have it
adjudicated. We certainly want them to have a fair due process, but,
again, if we are waiting to get that done, that is holding a position
for someone else that could be serving veterans. It also keeps an
employee under the cloud of not getting it done and moving on. If they
are innocent, we want to move it on as quickly
[[Page H4892]]
as possible. We do not jeopardize or change any of their appeal process
to come back.
Now is the time to bring real, long-lasting constitutional
accountability measures to the Department of Veterans Affairs. I would
hope we could come together to pass this. Again, the entire goal of all
of the people involved with this was to improve the care for this
Nation's veterans, ensuring people's rights to be heard, and a fair due
process if they are accused of something, but with the intention that
if you are not serving our veterans in the manner that you should, then
there are other places you should work. This ensures that those tools
are there.
Mr. Speaker, I reserve the balance of my time.
Mr. ROE of Tennessee. Mr. Speaker, I yield 1 minute to the gentleman
from California (Mr. McCarthy), the majority leader.
Mr. McCARTHY. I thank the gentleman for yielding.
Mr. Speaker, first and foremost, I want to thank Chairman Roe and the
House Committee on Veterans' Affairs for their work on this legislation
and their focus on reforming the VA. I know they and the Secretary are
all committed to making sure our veterans get the best--and only the
best--no excuses.
The Department of Veterans Affairs has an honorable task to care for
and heal our veterans. We made a promise in this country that, if you
serve, your fellow citizens will take care of you. That is through the
employees of the VA that we as a nation fulfill the promise. It is for
this reason that we cannot accept the failures and backlogs in our
veterans' programs.
We all know that there are thousands of great employees at the VA who
consider their duty to care for the veterans as much bigger than just a
job. But the few bad apples are spoiling the whole barrel.
We know how this works. You can have an office or a team committed to
doing the best job possible. But when one isn't pulling their weight;
when somebody is breaking the rules and getting away with it; when bad
people get transferred or promoted, instead of fired; that totally
destroys the whole organization. It undermines morale, makes the team
ineffective, and allows for failures to continue or get worse. Failures
at the VA have life-or-death consequences.
This has happened for years--years, where a person who was jailed got
leave to serve time and then returned to the VA; years, where an
employee showed up drunk to work and participated in a surgery; years,
where a psychiatrist watched deeply inappropriate videos with a veteran
in the room; and after years of all this and none of them getting
fired, the good employees become dispirited, the culture of the VA will
decline, and too many of our veterans receive low-quality care, if they
can get care at all.
Mr. Speaker, the VA is steeped in a culture of ambivalence, coupled
with a lack of accountability, and our veterans suffer as a result.
Fixing the culture at the VA requires us to acknowledge the great work
of the many, without leaving them tainted with the incompetence and
scandal of the few. It requires removing the bad apples.
So I am glad that we are finally sending this bill to the President's
desk. The House passed a similar bill in 2015, but the Senate did not
act. We passed another in the new Congress earlier this year.
Now that our Senate counterparts have voted, we will take our final
step today to send this legislation to the President's desk. Once
President Trump signs this into law, I predict we will begin to see the
culture change at the VA and our veterans will get the care we promised
them and they deserve.
Mr. WALZ. Mr. Speaker, I yield 4 minutes to the gentleman from
California (Mr. Takano), my good friend and the vice ranking member of
the full Committee on Veterans' Affairs.
Mr. TAKANO. Mr. Speaker, I thank the ranking member for yielding
time. And I want to thank Ranking Member Walz and Chairman Roe for
their work on the issue of accountability and their tireless commitment
to our Nation's veterans.
Mr. Speaker, I rise today in support of the Department of Veterans
Affairs Accountability and Whistleblower Protection Act of 2017.
Throughout the debate over accountability at the Department of
Veterans Affairs, I have advocated for legislation that holds VA
employees accountable, without violating their constitutional right to
due process.
{time} 1500
This legislation strikes that balance far better than previous
accountability proposals. This compromise respects current grievance
procedures, maintains existing due process protections, and improves
the appeals process by requiring managers to present employees with all
of the evidence before they move on a disciplinary action.
Today we are voting to strengthen whistleblower protections. This
bill codifies the Office of Accountability and Whistleblower
Protection, and it mandates that its Director is a Senate-confirmed
position instead of a political appointee. It also offers training on
how to handle whistleblowers correctly, which will encourage employees
to come forward if they witness misconduct.
Do I have concerns about this bill? Absolutely, I do. This is not the
accountability legislation that I would have written. We must always
remember that a third of VA employees are veterans themselves, and they
deserve the workplace protections afforded to them in the Constitution
as well as the respect of this Congress. But my concerns pale in
comparison to the serious and numerous institutional issues raised by
accountability bills previously advanced in the House.
Passing this bill today will accomplish several important objectives:
We will fulfill the repeated requests from veteran service
organizations and the VA itself for a stronger accountability system.
We will support the VA's continuing effort to create a culture of
excellence.
We will provide veterans greater confidence that the VA is prepared
to meet their needs.
Finally, by passing this bill, we can shift our focus from who is
fired from the VA to who is hired at the VA.
As I stand here today, there are nearly 50,000 vacant jobs at the VA.
This is a significant and urgent challenge. Ultimately, the success of
the Department of Veterans Affairs will depend on recruiting, training,
and retaining the highest quality talent available.
I look forward to working with my colleagues on the Veterans' Affairs
Committee to streamlining the hiring process and ensuring that the VA
has the staff and expertise it needs to provide veterans the care and
support they have earned.
I applaud the Senate for forging this compromise, and I again want to
recognize Chairman Roe and Ranking Member Walz for their important
work.
Mr. Speaker, I encourage my colleagues to support this legislation.
Mr. ROE of Tennessee. Mr. Speaker, I thank my friend from California
(Mr. Takano) for his support.
I yield 2 minutes to the gentleman from Florida (Mr. Bilirakis), my
good friend and vice chair of the Veterans' Affairs Committee.
Mr. BILIRAKIS. Mr. Speaker, I rise today in support of the Department
of Veterans Affairs Accountability and Whistleblower Protection Act.
As a grateful nation, we must implement meaningful VA reform. Every
day veterans contact my office seeking assistance in dealing with the
agency. Like many of my colleagues here, I have full-time staff
specifically dedicated to helping veterans with VA casework. I hear
from veterans every day who are waiting for care, waiting for an
answer, or simply waiting to finally be heard and recognized.
These are true American heroes, Mr. Speaker. We must do all we can to
help them. The VA should be rolling out the red carpet for our veterans
and treating them like the heroes they are.
The VA Accountability and Whistleblower Protection Act is good,
commonsense legislation. If a VA employee is involved in misconduct,
they should be demoted, suspended, or fired--certainly not promoted or
given a bonus. If a VA employee sees misconduct and wants to report it,
they should not fear repercussions.
Of course, the vast majority of VA employees are hardworking and
dedicated professionals. At the end of the day, this bill is about
holding the bad actors accountable and protecting the
[[Page H4893]]
whistleblowers and refocusing the VA on its mission to serve our
Nation's heroes. With the passage of the VA Accountability and
Whistleblower Protection Act, we are turning the page to a fresh start
for the VA.
Mr. Speaker, I would like to thank Chairman Roe for doing such an
outstanding job and also the ranking member for working in a bipartisan
fashion. I appreciate it so very much. This is the way Congress should
operate.
God bless our veterans.
Mr. WALZ. Mr. Speaker, I yield 3 minutes to the gentlewoman from
California (Ms. Brownley), the ranking member of the Subcommittee on
Health.
Ms. BROWNLEY of California. Mr. Speaker, I rise in support of this
bill to hold bad actors accountable and make the VA a stronger system
for our Nation's veterans.
Since the unacceptable wait time scandal came to light in 2014, the
House Veterans' Affairs Committee has worked diligently to fix the
long-term problems at the VA and to ensure we are serving our veterans
as well as they have served us.
From top to bottom, the number one priority for almost every VA
employee is serving our veterans. But when an employee does not live up
to this mission, engages in misconduct, or puts veterans at risk, we
must ensure that the VA is able to hold them accountable.
It is critically important that we acknowledge that the vast majority
of the 350,000 VA employees, a third of whom are veterans themselves,
are hardworking individuals who have dedicated themselves to serving
our country and our Nation's veterans. By being able to hold
accountable the few bad actors in the VA, we not only serve our
veterans, but we make the job of the rest of the workforce easier to
perform.
Because we need a world-class, 21st century VA, this bill also
provides the Secretary with direct hiring authority for senior
management so that we can bring on the talent we need to properly serve
our veterans.
This is an important example of what we can get done when we work in
a bipartisan manner. I want to thank Chairman Roe and Ranking Member
Walz, both the chairman and ranking member of the Senate for working
with our VSOs and the VA to find a compromise on this issue.
Mr. Speaker, I support this compromise. I ask my colleagues to vote
``yes.'' This is a very good bill.
Mr. ROE of Tennessee. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from Colorado (Mr. Coffman), an Army and Marine veteran
deployed to Iraq.
Mr. COFFMAN. Mr. Speaker, my colleagues and I rise today in support
of the Department of Veterans Affairs and Whistleblower Protection Act,
which the House of Representatives will consider today.
Time and time again, I have called to reform the VA, an organization
that has been mired in a culture of corruption and bureaucratic
incompetence. The VA has consistently failed to meet our Nation's
obligations to veterans, the men and women who have sacrificed so much
in the protection of our freedoms.
This act also provides the necessary protections for those who do the
right thing and come forward to report wrongdoing. This legislation
makes it possible to fire the bad VA employees who have failed our
Nation's veterans.
Mr. Speaker, I thank my colleagues, along with those in the Senate,
for their hard work and support of this legislation. I look forward to
getting it to the President's desk for his signature and to finally
bringing accountability to the VA.
Mr. WALZ. Mr. Speaker, I yield 3 minutes to the gentleman from
California (Mr. Peters), a friend of all of our veterans and a member
of the Veterans' Affairs Committee.
Mr. PETERS. Mr. Speaker, for everything our veterans have given in
service to the country, they have earned their benefits and access to
timely, quality healthcare at the VA. That is the promise that was made
to them when they volunteered to serve. That is the promise that we in
Congress are obligated to keep.
Honoring this promise is not just a matter of resources; it also
depends on changing the actual culture at the VA. From the Secretary of
Veterans Affairs to the doctors and nurses, to the administrators who
deal with the flood of appointments that come in, it has to be about
serving the veteran, not about serving the bureaucracy.
For as long as I have been in Congress, improving VA accountability
has been a bipartisan goal. I am glad to see us working across the
aisle once again on this legislation that builds on the progress we
made in 2014.
This bill strengthens whistleblower protections, which encourages
employees to call out careless or criminal behavior that we have
unfortunately seen too often at VAs around the country. It gives the
Secretary greater authority to remove or discipline poorly performing
and negligent employees, and it provides a reasonable and efficient
appeals process for VA employees that is the subject of compromise.
The bill won't solve all the problems at the VA, but by holding bad
actors accountable and protecting the hardworking employees who care
for our veterans, this bipartisan legislation will improve on the
service that our veterans receive.
Mr. Speaker, I appreciate the work done by my colleagues on both
sides of the aisle, the administration, and the veterans service
organizations to craft this important piece of legislation, and I urge
my colleagues to vote ``yes.'' Let's send this bill to the President's
desk and help veterans in my district in San Diego and across the
country get the care that they have earned.
Mr. ROE of Tennessee. Mr. Speaker, I yield 2 minutes to the gentleman
from Maine (Mr. Poliquin), my good friend and a member of the Veterans'
Affairs Committee.
Mr. POLIQUIN. Mr. Speaker, I appreciate the opportunity to address
the Floor on this important issue.
Gentlemen, it was our first Commander in Chief, George Washington,
who said something to the effect that we can never expect our young men
and women to step forward and fight for our country unless those who
have already returned from the battlefield are taken care of.
This is a solemn oath that we all have to honor. It is critically
important. I will tell you, Mr. Speaker, in the State of Maine, we have
about 125,000 veterans, and we love our veterans. We understand what it
is like to fight for our freedom and to stand up for our way of life.
In the State of Maine, we have Togus Medical Center, which is the
first veterans hospital in the country, about 150 years old. We
understand this. They have great employees, and many of them are
veterans themselves.
However, a couple of years ago our country was shocked to learn that
there were and are some bad actors in this whole process. A few years
ago, we learned that some of the folks at the veterans facility in
Phoenix, Arizona, were cooking the scheduling books in order to get
paid more money through a bonus program when, in fact, they did not and
had not scheduled mental health appointments for some of our veterans
who were at risk, and, as a result, a number of those veterans died.
This is absolutely unacceptable.
There is nobody who has fought for this country on the front lines
who comes home, who needs help, that should be denied help; and it
certainty shouldn't be those who are supposed to take care of them who
are cooking the books for their own benefit.
Mr. Speaker, that is why I am asking every Republican and Democrat
here in this Chamber to support the Senate's bill, 1094. This is a good
bill that holds the VA employees accountable for improper behavior.
And, yes, sir, it does give, Mr. Speaker, management at the VA the
opportunity to replace, fire, or otherwise, those who are supposed to
care for our veterans who have chosen not to do so. Please support S.
1094
Mr. WALZ. Mr. Speaker, may I inquire how much time I have remaining.
The SPEAKER pro tempore (Mr. Rodney Davis of Illinois). The gentleman
from Minnesota has 15\1/2\ minutes remaining, and the gentleman from
Tennessee has 14 minutes remaining.
Mr. WALZ. Mr. Speaker, I have no further speakers, and I am certainly
willing to yield some of my time to the gentleman from Tennessee if
there are other speakers who would like to speak on this if the
gentleman's time runs short. If I could save myself 3 minutes for my
closing, I would certainly be
[[Page H4894]]
willing to do that. I am not certain what the parliamentary procedure
is to do so.
Mr. Speaker, I reserve the balance of my time.
{time} 1515
Mr. ROE of Tennessee. Mr. Speaker, I yield 1 minute to the gentleman
from Florida (Mr. Dunn), a veteran and a member of the committee, to
speak on this issue.
Mr. DUNN. Mr. Speaker, I rise today in support of the Department of
Veterans Affairs Accountability and Whistleblower Protection Act of
2017. This important legislation will streamline the arduous process to
remove, demote, or suspend any VA employee for poor performance,
negligence, or misconduct.
We all know the list of scandals: veterans dying on wait lists,
intoxicated surgical staff, armed robbery, grossly mismanaged
construction projects. Yet the civil service rules allow bad VA
employees to stay on the public payroll.
Our veterans deserve better.
Today we take a bold step toward reversing that failure. This
legislation will allow Secretary Shulkin to immediately remove bad
employees as he works to restructure and improve veterans' care. It
also ensures that whistleblowers are protected from retaliation. The
bottom line is that it implements real accountability at the VA,
accountability to the men and women who have bravely served this
country.
The Veterans Affairs Accountability Act is an important first step in
addressing poor performance and misconduct at the VA, and I urge all of
my colleagues to support this much-needed legislation.
I thank the chair and the ranking member very much for their work on
this.
Mr. WALZ. Mr. Speaker, I continue to reserve the balance of my time.
Mr. ROE of Tennessee. Mr. Speaker, I yield 2 minutes to the gentleman
from Texas (Mr. Arrington), chairman of the Economic Opportunity
Subcommittee.
Mr. ARRINGTON. Mr. Speaker, it is my highest privilege to serve with
Chairman Roe and Ranking Member Walz on the VA Committee, and I am
grateful for the honor to serve as chairman of the Subcommittee on
Economic Opportunity.
I want to thank Chairman Roe for his leadership on an issue that I
believe gets at the root cause of many of the problems, maybe most of
the problems that plague the Department of Veterans Affairs: the lack
of accountability. Where you don't have a culture of accountability in
an organization, you have mediocrity; and mediocrity and excellence in
service do not and cannot coexist.
We are talking about serving our veterans, the men and women who are
willing to sacrifice everything for our freedom and security. These
folks gave their best to our country, and they deserve the very best
from our country.
Having almost half a million delinquent disability claims is not our
very best; having veterans wait in line for months to see a physician,
not our best; having hundreds of billions of dollars in improper
payments is not our best; waiting 6 months to a year to terminate
somebody for misconduct and poor performance is definitely not our
best.
People all over this country, hardworking Americans, get up every
day; they work hard; they perform; they deliver results; and if they
don't, they lose their job. If they are small-business owners, they go
out of business. We ought to have no less expectation for our Federal
Government and its employees, especially those who serve our veterans.
The VA Accountability and Whistleblower Protection Act gives the
Secretary the tools he needs to hold his employees accountable for
serving our veterans and to change the culture from one that accepts
mediocrity to one that expects excellence.
I applaud Chairman Roe and Ranking Member Walz for helping our
country take a big step towards delivering on our promises to our
veterans.
Mr. WALZ. Mr. Speaker, I continue to reserve the balance of my time.
Mr. ROE of Tennessee. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from Florida (Mr. Rutherford), a member of our committee and,
for many years, who was in the process of protecting us in law
enforcement.
Mr. RUTHERFORD. Mr. Speaker, I rise today in strong support of S.
1094, the Department of Veterans Affairs Accountability and
Whistleblower Protection Act of 2017.
As we have all seen from various reports and news stories, increased
accountability at the VA is long, long overdue. For far too long, the
leadership in the Department of Veterans Affairs has been unable to
make firing decisions that would be common sense in any other setting.
The VA Accountability and Whistleblower Protection Act gives the
Secretary the authority to fire the bad actors and creates a removal
process that is more in line with the private sector. It also gives the
Secretary the ability to punish poor performers by recouping bonuses
and relocation expenses. We must ensure that employees who fail to do
their jobs are not rewarded but are, instead, held accountable.
Another part of this legislation is the enhanced protection for
whistleblowers. These are employees who are doing the right thing and
advocating for our veterans. They should not be faced with retribution
by their leadership.
One of the most important jobs of this Congress is working to improve
the lives of our Nation's veterans. When our fellow Americans bravely
put on the uniform and serve, we must ensure that that sacrifice does
not go unnoticed.
In my time serving on the Veterans' Affairs Committee, I have seen
how Congress and the leadership of the VA, in partnership with veterans
service organizations, are working to create the culture of service and
accountability that our veterans truly deserve.
As Secretary Shulkin has often said, the VA needs changing, and I
believe this bill is a huge step in that direction.
I would like to thank Chairman Roe for his leadership, and Senator
Rubio. This issue is crucial to the 150,000 veteran men and women of
northeast Florida, and I thank them for their leadership, and I urge my
colleagues to support the bill.
Mr. WALZ. Mr. Speaker, I continue to reserve the balance of my time.
Mr. ROE of Tennessee. Mr. Speaker, I yield 2 minutes to the gentleman
from Michigan (Mr. Bergman), the Oversight and Investigations
Subcommittee chair and a lieutenant general in the Marine Corps.
Mr. BERGMAN. Mr. Speaker, I rise today in support of S. 1094, the
Department of Veterans Affairs Accountability and Whistleblower
Protection Act.
Anyone who has been responsible for the success of a business or
organization knows that the most important part of the equation is the
people. It is no different with the Department of Veterans Affairs.
Our veterans have given their all, and they deserve our all; but,
unfortunately, vulnerabilities in the VA's administrative processes
have led to incompetence, neglect, and even unchecked illegal activity
on the part of a small number of VA employees.
Unfortunately, lack of oversight and accountability in the hiring and
retention process mean that the VA is still failing our veterans. Even
in the few instances where the VA has tried to discipline employees for
wrongdoing or neglect, it has been foiled by a complex and lengthy
administrative process that rarely yields results.
S. 1094 addresses the VA's administrative shortcomings by providing
the Secretary with the authority to remove, demote, or suspend any
employee for poor performance or misconduct while, at the same time,
enhancing protections for whistleblowers.
As a leader of marines and a Vietnam veteran, I know what our
servicemen and -women across generations and conflicts have sacrificed
for our freedoms and our country. They don't just deserve quality care;
they have earned it.
We made a commitment to defend our veterans just as they have
defended our way of life, and that starts with reforms that restore
efficiency and accountability at Veterans Affairs.
I would like to thank Chairman Roe and the committee for all their
hard work. I strongly urge my colleagues to support.
Mr. ROE of Tennessee. Mr. Speaker, I yield 1\1/2\ minutes to the
gentlewoman
[[Page H4895]]
from Puerto Rico (Miss Gonzalez-Colon), a new member of our committee,
who is doing a great job.
Miss GONZALEZ-COLON of Puerto Rico. Mr. Speaker, since the day I was
elected to Congress, I pledged to do everything in my power to help
veterans receive the care and attention they deserve. S. 1094 will
ensure that persons hired to care for the health and the well-being of
our veterans do so according to VA regulations, and those who fail in
their duties are held accountable. Moreover, this bill protects
whistleblowers from retaliation when they alarm us of VA misconduct.
Currently, Puerto Rico has one VA regional benefit office, one VA
hospital, and a few outpatient clinics. These facilities provide all
the VA services to the island's veterans. This bill will help ensure
places with limited VA facilities, like Puerto Rico, will be
efficiently administered and make certain that the VA's employees
adhere to the standards of excellence that our men and women in uniform
expect.
I thank Senator Rubio for sponsoring this bill, but I need to thank
Chairman Roe for guiding this important legislation on the House floor
the same way he did with H.R. 1529.
Mr. ROE of Tennessee. Mr. Speaker, how much time do I have remaining?
The SPEAKER pro tempore. The gentleman has 6\1/2\ minutes remaining.
Mr. ROE of Tennessee. Mr. Speaker, I yield 1 minute to the gentleman
from Indiana (Mr. Messer), my good friend who I have served with for 6
years on the Education and the Workforce Comittee.
Mr. MESSER. Mr. Speaker, I appreciate the gentleman's leadership on
this important issue.
Mr. Speaker, our veterans deserve high-quality healthcare. They have
earned it. That is why I rise today to urge support of S. 1094, the
Veterans Affairs Accountability and Whistleblower Protection Act. This
is landmark, bipartisan legislation to reform the VA and improve care
for our veterans after years of poor performance and scandal.
My grandfather is a World War II veteran who regularly attends the VA
in Indianapolis, so I know firsthand that the vast majority of
employees at the VA are honest and hardworking public servants. Lack of
accountability at the agency, though, has allowed a few bad actors to
damage the VA and harm our vets, from manipulating wait lists to
letting calls to the suicide hotline go unanswered, to theft and
wrongful prescribing of opioids.
Our veterans deserve better.
The Veterans Accountability Act will hold bureaucrats accountable for
wrongdoing, make it easier to dismiss bad employees, and strengthen
protections for whistleblowers. These are commonsense reforms and long
overdue.
Because our military men and women, our Hoosier heroes, fought to
protect us, the least we can do is fight for them and ensure that they
get high-quality care.
Mr. Speaker, I urge support of the bill.
Mr. ROE of Tennessee. Mr. Speaker, I yield 2 minutes to the gentleman
from Florida (Mr. Mast), a combat-wounded veteran, Bronze Star winner,
Purple Heart winner, Defense Meritorious Service and Army Commendation
Medal winner.
Mr. MAST. Mr. Speaker, I want to thank the chairman for yielding me
time, and the ranking member, both of the gentlemen, for their
leadership, and also our Senator from Florida, Senator Rubio, for his
leadership on this bill.
This is a great bill, and that is why I couldn't be more happy than
to rise and speak about this bill. For a long time, our veterans have
deserved better, and this bill is exactly that: It is better.
Veterans across the board--Army, Navy, Marines, Air Force, Coast
Guard--they have common experiences and common healthcare challenges as
a result of certainly combat, but also as a result of just simply the
austere life of being in the military. Whether it is a daily life of
jumping out of planes or roping out of helicopters or kicking in doors
or jumping off the back end of trucks, you live an austere life.
Oftentimes, I hear people say a year in the military can be like a
dog-year. It is tough on you, and that is why the VA is so critical. It
is so critical that the VA maintain an expertise in providing for our
unique healthcare needs.
I get my healthcare from the VA. I know many VA employees who are
hardworking and certainly unyielding in their dedication, but I have
also encountered many who are not, plain and simple, many who lack the
hunger or who lack the appropriate mentality or the decorum to care for
our men and women who are willing to give their last breath in defense
of our country. This is the reality.
Every single veteran needs to be treated like the most important
patient ever to be seen every single time they walk into the VA.
Anything less is a failure.
In the past several years, this bureaucracy of rules, it has
obstructed the VA's ability to go out there and fire employees who have
been charged with armed robbery, who have been accused of being drunk
while performing surgeries, and this simply cannot stand.
There should never be somebody allowed to service our veterans who
would receive a dishonorable discharge in the military for what their
actions are. They shouldn't be allowed the honor of serving people who
served this country in World War II or Korea or Vietnam or Panama,
Kosovo, Bosnia, Somalia, the Gulf war, Iraq, Afghanistan. Folks
shouldn't be given that honor lightly.
It is exactly why this bill, the Department of Veterans Affairs
Accountability and Whistleblower Protection Act is so important. The
bill establishes whistleblower protections so that we can ensure
veterans get the best possible care and make sure that no veteran is
ever dishonored twice by the same person.
I want to thank you again for yielding me time. I want to thank you
on behalf of every single veteran across this country for this great
bill.
Mr. WALZ. Mr. Speaker, I continue to reserve the balance of my time.
Mr. ROE of Tennessee. Mr. Speaker, I thank Congressman Mast for those
kind words and words spoken for every American veteran.
Mr. Speaker, I yield 1 minute to the gentleman from Pennsylvania (Mr.
Fitzpatrick).
{time} 1530
Mr. FITZPATRICK. Mr. Speaker, I thank the chairman, the ranking
member, and Senator Rubio for their leadership.
Mr. Speaker, scandal after scandal has caused heightened distrust
between veterans and the VA. For far too long, veterans nationwide have
been disrespected by those who are supposed to be advocates for them,
sometimes with deadly consequences.
Be it in regional offices--like the one in Philadelphia, which my
office has worked closely with--or medical centers, from Phoenix to
Florida, we have seen the devastating impact of the current culture of
mismanagement and distrust, and its impact on backlogged claims and
lack of care for those who devoted their lives to serve our country.
The legislation before the House today institutes the needed reforms
throughout the Department of Veterans Affairs by granting the
authority, and the expectation, that the Secretary remove, demote, or
suspend any VA employee for poor performance or misconduct.
Rebuilding this trust between Veterans Affairs and those who had
served us must be a priority. The Department of Veterans Affairs
Accountability and Whistleblower Protection Act is crucial to reforming
this trust, and I am proud to support it. I urge my colleagues on both
sides of the aisle to do the same. We must serve our veterans as well
as they have served us.
Mr. WALZ. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, you heard it from a wide range of folks here on the
floor. This is the way Congress is supposed to work and this is what is
expected of us. This is what my constituents in southern Minnesota
expect, and this is what the gentleman from Tennessee's or the
gentleman from Florida's constituents expect: look at a problem, assess
it, come up with some different solutions, and debate those out.
I want to be clear, as I said earlier, these are tough issues. There
was debate--heated debate. We may even have raised our voices a few
times doing
[[Page H4896]]
this, but that is the way the world's greatest democracy is supposed to
function.
Again, three of the most pressing issues, three of the top priorities
of this Nation's veterans, all addressed in the first 6 six months of
this Congress, all addressed to the satisfaction of a wide, bipartisan
VSO community that is grateful for it.
I think, in trying to find these challenges and understanding them,
people are trying to get at the heart of this. I do think there are
great frustrations, and I have said, totally indefensible of the
examples given.
But when we had this debate before, there were some examples of bad
managers inadvertently firing people who were pointing out things that
the manager was doing; and the due process considerations got that
person their job back, and we got rid of the manager.
I think that when we first started debating this, I made the case
that this could be a right-to-work bill in disguise. This bill is not
that. This bill, as the chairman said, was not the intention. The
intention was accountability. The intention of the bill was to
streamline the process while protecting those due process rights.
I am grateful that the chairman, as always, kept his word. He
followed through and he negotiated that.
The thing that I would say before closing here, Mr. Speaker, is that
I agree with the majority leader. I think the combination of many
things that we are doing possesses the potential to see real reforms
moving in the right direction. Something that I think hasn't been
mentioned here--that the Secretary did with consultation with the
chairman, myself, and others--was that he took the action of
streamlining the medical record procedure between the DOD, and the VA
added to that.
There is transformational, generational-type change happening at the
VA, but none of this will matter. And the majority leader said he
expects to see that. We must ensure that it happens. We must ensure the
accountability, we must monitor, we must ask that it is happening, and
we must come back at this again. If there is a glitch that was
unintended, let's come back at it again in this same manner of reaching
an outcome.
This is a positive day, Mr. Speaker. I would hope that those folks
paying attention to this and watching--certainly the veterans, but
everyone--know that Congress can work together; Congress can take on
pressing issues; Congress can come up with bipartisan solutions; and
Congress can agree that the thing that defines us most is not
Republican or Democrat--it is U.S. citizen, it is veteran, and it is
care for them.
Today I am proud to get this through here. Let's send it on to the
President, and let's all celebrate the Administration signing this into
law and moving forward.
Mr. Speaker, I yield back the balance of my time.
Mr. ROE of Tennessee. Mr. Speaker, I yield myself such time as I may
consume.
Today is a proud day, I think, for this Nation. The United States of
America does more for its veterans than all other nations in the world
combined; and I don't think that, on some days, that is even enough for
these heroes that have served us and many of whom have spoken this
afternoon.
I want to express my appreciation to the minority and the majority
staff, and to Sergeant Major Walz for walking hand in hand. As he said,
this was not an easy process. There were a lot of difficult issues that
we both dealt with.
I also want to thank our friends on the Senate side who also went
through the same process and brought a bill to the floor that we can
all, I think, enthusiastically support.
The Secretary said when he was first chosen--and I might add, 100-0,
Secretary Shulkin was a bipartisan agreement in the Senate. I think he
is a leader to transform the VA. He asked for accountability. He said:
I cannot do my job as Secretary if I don't have this piece of
legislation.
So he was very supportive, along with President Trump, so we gave him
that.
We also protected due process rights for the employees who work for
the VA--a very important issue.
Whistleblower protections. We could not do our job, Mr. Speaker, if
we did not have these whistleblowers. There are 350,000 employees, 154
medical centers, and over 800 outpatient clinics. There is no way that
we could monitor that without their help. So their protections are
there.
Mr. Speaker, I want to encourage both sides of the aisle to support
S. 1094, and I yield back the balance of my time.
Mr. CONNOLLY. Mr. Speaker, I strongly support increased
accountability and whistleblower protection at the Department of
Veterans Affairs. And I recognize that S. 1094 represents a compromise
approach that was crafted specifically to address severe, long-standing
problems at VA hospitals.
But a number of S. 1094's provisions concern me. As Vice Ranking
Member of the Committee on Oversight and Government Reform, these
concerns would be amplified if these provisions were applied to other
contexts or across the federal government in future legislation.
A partial list of problematic provisions includes:
The bill requires a lower standard of evidence that would allow
removal, demotion, and other disciplinary actions even if the majority
of evidence is exculpatory.
The bill supersedes existing collective bargaining agreements.
The bill provides for the clawback and forfeiture of bonuses and
pensions under a standard that is broad and susceptible to abuse.
The bill denies senior executives of the right to appeal to the Merit
Systems Protection Board, which they have under current law.
The bill imposes unreasonable timelines on the ability of employees
to respond to allegations that may lead to discipline and eliminates
the ability of the Merit System Protection Board to mitigate penalties
that may have been overly harsh and raise due process concerns.
The bill prohibits the use of administrative leave for employees
challenging demotions. This provision could also force employees to use
their accrued sick or annual leave while on appeal, which Courts have
considered a taking in violation of the Constitution.
While S. 1094 is a bipartisan compromise aimed at dealing with a
specific and troubled department, a number of its provisions are
problematic and would not serve as an example for future civil service-
related legislation.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 378, the previous question is ordered.
The question is on the third reading of the bill.
The bill was ordered to be read a third time, and was read the third
time.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. ROE of Tennessee. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
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