[Congressional Record (Bound Edition), Volume 163 (2017), Part 7]
[House]
[Pages 9186-9200]
[From the U.S. 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.

[[Page 9187]]

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 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

[[Page 9188]]

       ``(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.
       ``(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--

[[Page 9189]]

       ``(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.
       ``(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:

[[Page 9190]]

       ``(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 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

[[Page 9191]]

     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 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

[[Page 9192]]

     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 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

[[Page 9193]]

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. They have been fantastic. I 
also want

[[Page 9194]]

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

[[Page 9195]]

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 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

[[Page 9196]]

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 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

[[Page 9197]]

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 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.

[[Page 9198]]

  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 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 Committee.
  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

[[Page 9199]]

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 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.

[[Page 9200]]

  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.

                          ____________________