Legis Daily

Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017

USA115th CongressS-1094| Senate 
| Updated: 6/23/2017
Marco Rubio

Marco Rubio

Republican Senator

Florida

Cosponsors (39)
Joni Ernst (Republican)Dean Heller (Republican)Jeanne Shaheen (Democratic)Bill Cassidy (Republican)Tammy Duckworth (Democratic)Dan Sullivan (Republican)Thomas Tillis (Republican)David Perdue (Republican)Jerry Moran (Republican)Jeff Flake (Republican)Orrin G. Hatch (Republican)Joe Donnelly (Democratic)Angus S. King (Independent)Tom Cotton (Republican)James M. Inhofe (Republican)Michael B. Enzi (Republican)Roger F. Wicker (Republican)Rand Paul (Republican)John McCain (Republican)John Boozman (Republican)Roy Blunt (Republican)John Thune (Republican)Mike Rounds (Republican)Jon Tester (Democratic)John Kennedy (Republican)Bill Nelson (Democratic)Johnny Isakson (Republican)Pat Roberts (Republican)Thad Cochran (Republican)Tammy Baldwin (Democratic)John Cornyn (Republican)Susan M. Collins (Republican)Chuck Grassley (Republican)Patrick Toomey (Republican)Cory Gardner (Republican)Steve Daines (Republican)John Hoeven (Republican)Richard Blumenthal (Democratic)Shelley Moore Capito (Republican)

Veterans' Affairs Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017 TITLE I--OFFICE OF ACCOUNTABILITY AND WHISTLEBLOWER PROTECTION (Sec. 101) This bill establishes in the Department of Veterans Affairs (VA) the Office of Accountability and Whistleblower Protection which shall advise the VA on all matters relating to accountability, including VA employee accountability, whistle-blower disclosures and related retaliation, and senior executive service (SES) and supervisory misconduct. The office shall be headed by an Assistant Secretary for Accountability and Whistleblower Protection. (Sec. 102) The bill revises whistle-blower protections. The VA shall develop supervisory performance criteria that include whistle-blower protection and provide employees with whistle-blower disclosure and merit system protection training. TITLE II--ACCOUNTABILITY OF SENIOR EXECUTIVES, SUPERVISORS, AND OTHER EMPLOYEES (Sec. 201) The bill revises VA authority to remove certain employees or senior executives for reasons of misconduct or performance, including to permit such individuals to be reprimanded or suspended. (Sec. 202) The VA may remove, demote, or suspend other VA employees based on performance or misconduct. The VA may also remove or suspend such employee from the civil service or demote the employee through a reduction in grade and salary. A demoted individual may not be placed on administrative leave during an appeal period, and may receive pay only if he or she reports for duty or is approved to use certain leave. A demoted individual who does not report for duty or receive leave approval shall not receive pay or other benefits. The VA shall issue a final written decision with respect to a removal, demotion, or suspension within 15 business days after the individual has been provided with notice and an evidentiary file. The bill establishes an expedited appeals process, including the right to appeal to the Merit Systems Protection Board and the right to appeal a board decision to a U.S. Court of Appeals or to any court of appeals of competent jurisdiction. The VA may not remove, demote, or suspend an employee who: (1) is seeking corrective action from the Office of Special Counsel based on discrimination without the office's approval, and (2) has made a whistle-blower disclosure to the Office of Accountability and Whistleblower Protection until a final determination of the case has been made. (Sec. 203) The VA shall reduce the federal annuity of an individual removed from the SES who is convicted of a felony that influenced his or her performance while employed in such position. The VA may reduce the federal annuity of an individual who was convicted of such a felony and was subject to removal or transfer from the SES but who left the VA before final action was taken. The bill provides for appeals to the Office of Personnel Management. (Sec. 204) The VA may recoup an award, a bonus, or relocation expenses paid to a VA employee under specified circumstances. (Sec. 206) The bill shortens a supervisor's time to respond to a notice of an adverse action from 14 days to 10 days. (Sec. 207) The VA may directly appoint qualifying individuals to the positions of Medical Center Director and Director of Veterans Integrated Service Network. (Sec. 208) The bill revises time periods for adverse action reviews for physicians, dentists, podiatrists, chiropractors, optometrists, registered nurses, physician assistants, and expanded-function dental auxiliaries. (Sec. 209) The VA shall provide supervisors with periodic training regarding whistle-blower rights, hostile work environments, and managing underperforming employees.

Bill Text Versions

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Timeline
May 11, 2017
Introduced in Senate
May 11, 2017
Read twice and referred to the Committee on Veterans' Affairs.
May 17, 2017
Committee on Veterans' Affairs. Hearings held. Hearings printed: S.Hrg. 115-299.
May 24, 2017
Committee on Veterans' Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
May 24, 2017
Committee on Veterans' Affairs. Reported by Senator Isakson with an amendment in the nature of a substitute. Without written report.
May 24, 2017
Placed on Senate Legislative Calendar under General Orders. Calendar No. 103.
Jun 6, 2017
Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.
Jun 6, 2017
Passed Senate with an amendment by Voice Vote.
Jun 6, 2017
The committee substitute agreed to by Unanimous Consent. (text: CR S3261-3266)
Jun 6, 2017
Measure laid before Senate by unanimous consent.
Jun 7, 2017
Message on Senate action sent to the House.
Jun 7, 2017
Received in the House.
Jun 7, 2017
Held at the desk.
Jun 12, 2017
Rules Committee Resolution H. Res. 378 Reported to House. Rule provides for consideration of H.R. 2581 and S. 1094. Rule provides for consideration of H.R. 2581 and S. 1094, with 1 hour of general debate for each bill. Previous question shall be considered as ordered without intervening motions except a motion to recommit with or without instructions on H.R. 2581, and a motion to commit on S. 1094. Both measures will be considered read and are closed to amendments.
Jun 13, 2017
Rule H. Res. 378 passed House.
Jun 13, 2017
Considered under the provisions of rule H. Res. 378. (consideration: CR H4884-4896)
Jun 13, 2017
Rule provides for consideration of H.R. 2581 and S. 1094, with 1 hour of general debate for each bill. Previous question shall be considered as ordered without intervening motions except a motion to recommit with or without instructions on H.R. 2581, and a motion to commit on S. 1094. Both measures will be considered read and are closed to amendments.
Jun 13, 2017
DEBATE - The House proceeded with one hour of debate on S. 1094.
Jun 13, 2017
The previous question was ordered pursuant to the rule. (consideration: CR H4896)
Jun 13, 2017
POSTPONED PROCEEDINGS - At the conclusion of debate on S. 1094, the Chair put the question on passage and by voice vote announced that the ayes had prevailed. Mr. Roe (TN) demanded the yeas and nays, and the Chair postponed further proceedings on passage of S. 1094 until later in the legislative day.
Jun 13, 2017
Considered as unfinished business. (consideration: CR H4899)
Jun 13, 2017
On passage Passed by the Yeas and Nays: 368 - 55 (Roll no. 307). (text: CR H4884-4889)
View Vote
Jun 13, 2017
Motion to reconsider laid on the table Agreed to without objection.
Jun 22, 2017
Presented to President.
Jun 23, 2017
Signed by President.
Jun 23, 2017
Became Public Law No: 115-41.
  • May 11, 2017
    Introduced in Senate


  • May 11, 2017
    Read twice and referred to the Committee on Veterans' Affairs.


  • May 17, 2017
    Committee on Veterans' Affairs. Hearings held. Hearings printed: S.Hrg. 115-299.


  • May 24, 2017
    Committee on Veterans' Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.


  • May 24, 2017
    Committee on Veterans' Affairs. Reported by Senator Isakson with an amendment in the nature of a substitute. Without written report.


  • May 24, 2017
    Placed on Senate Legislative Calendar under General Orders. Calendar No. 103.


  • June 6, 2017
    Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.


  • June 6, 2017
    Passed Senate with an amendment by Voice Vote.


  • June 6, 2017
    The committee substitute agreed to by Unanimous Consent. (text: CR S3261-3266)


  • June 6, 2017
    Measure laid before Senate by unanimous consent.


  • June 7, 2017
    Message on Senate action sent to the House.


  • June 7, 2017
    Received in the House.


  • June 7, 2017
    Held at the desk.


  • June 12, 2017
    Rules Committee Resolution H. Res. 378 Reported to House. Rule provides for consideration of H.R. 2581 and S. 1094. Rule provides for consideration of H.R. 2581 and S. 1094, with 1 hour of general debate for each bill. Previous question shall be considered as ordered without intervening motions except a motion to recommit with or without instructions on H.R. 2581, and a motion to commit on S. 1094. Both measures will be considered read and are closed to amendments.


  • June 13, 2017
    Rule H. Res. 378 passed House.


  • June 13, 2017
    Considered under the provisions of rule H. Res. 378. (consideration: CR H4884-4896)


  • June 13, 2017
    Rule provides for consideration of H.R. 2581 and S. 1094, with 1 hour of general debate for each bill. Previous question shall be considered as ordered without intervening motions except a motion to recommit with or without instructions on H.R. 2581, and a motion to commit on S. 1094. Both measures will be considered read and are closed to amendments.


  • June 13, 2017
    DEBATE - The House proceeded with one hour of debate on S. 1094.


  • June 13, 2017
    The previous question was ordered pursuant to the rule. (consideration: CR H4896)


  • June 13, 2017
    POSTPONED PROCEEDINGS - At the conclusion of debate on S. 1094, the Chair put the question on passage and by voice vote announced that the ayes had prevailed. Mr. Roe (TN) demanded the yeas and nays, and the Chair postponed further proceedings on passage of S. 1094 until later in the legislative day.


  • June 13, 2017
    Considered as unfinished business. (consideration: CR H4899)


  • June 13, 2017
    On passage Passed by the Yeas and Nays: 368 - 55 (Roll no. 307). (text: CR H4884-4889)
    View Vote


  • June 13, 2017
    Motion to reconsider laid on the table Agreed to without objection.


  • June 22, 2017
    Presented to President.


  • June 23, 2017
    Signed by President.


  • June 23, 2017
    Became Public Law No: 115-41.

Armed Forces and National Security

Related Bills

  • S 115-493: A bill to amend title 38, United States Code, to provide for the removal or demotion of employees of the Department of Veterans Affairs based on performance or misconduct, and for other purposes.
  • HRES 115-378: Providing for consideration of the bill (H.R. 2581) to amend the Internal Revenue Code of 1986 to require the provision of social security numbers as a condition of receiving the health insurance premium tax credit, and providing for consideration of 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.
Administrative remediesCongressional oversightDepartment of Veterans AffairsEmployee hiringEmployee performanceEmployment discrimination and employee rightsExecutive agency funding and structureFederal officialsGovernment employee pay, benefits, personnel managementGovernment ethics and transparency, public corruptionGovernment studies and investigationsHealth facilities and institutionsHealth personnelTransportation costsVeterans' medical care

Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017

USA115th CongressS-1094| Senate 
| Updated: 6/23/2017
Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017 TITLE I--OFFICE OF ACCOUNTABILITY AND WHISTLEBLOWER PROTECTION (Sec. 101) This bill establishes in the Department of Veterans Affairs (VA) the Office of Accountability and Whistleblower Protection which shall advise the VA on all matters relating to accountability, including VA employee accountability, whistle-blower disclosures and related retaliation, and senior executive service (SES) and supervisory misconduct. The office shall be headed by an Assistant Secretary for Accountability and Whistleblower Protection. (Sec. 102) The bill revises whistle-blower protections. The VA shall develop supervisory performance criteria that include whistle-blower protection and provide employees with whistle-blower disclosure and merit system protection training. TITLE II--ACCOUNTABILITY OF SENIOR EXECUTIVES, SUPERVISORS, AND OTHER EMPLOYEES (Sec. 201) The bill revises VA authority to remove certain employees or senior executives for reasons of misconduct or performance, including to permit such individuals to be reprimanded or suspended. (Sec. 202) The VA may remove, demote, or suspend other VA employees based on performance or misconduct. The VA may also remove or suspend such employee from the civil service or demote the employee through a reduction in grade and salary. A demoted individual may not be placed on administrative leave during an appeal period, and may receive pay only if he or she reports for duty or is approved to use certain leave. A demoted individual who does not report for duty or receive leave approval shall not receive pay or other benefits. The VA shall issue a final written decision with respect to a removal, demotion, or suspension within 15 business days after the individual has been provided with notice and an evidentiary file. The bill establishes an expedited appeals process, including the right to appeal to the Merit Systems Protection Board and the right to appeal a board decision to a U.S. Court of Appeals or to any court of appeals of competent jurisdiction. The VA may not remove, demote, or suspend an employee who: (1) is seeking corrective action from the Office of Special Counsel based on discrimination without the office's approval, and (2) has made a whistle-blower disclosure to the Office of Accountability and Whistleblower Protection until a final determination of the case has been made. (Sec. 203) The VA shall reduce the federal annuity of an individual removed from the SES who is convicted of a felony that influenced his or her performance while employed in such position. The VA may reduce the federal annuity of an individual who was convicted of such a felony and was subject to removal or transfer from the SES but who left the VA before final action was taken. The bill provides for appeals to the Office of Personnel Management. (Sec. 204) The VA may recoup an award, a bonus, or relocation expenses paid to a VA employee under specified circumstances. (Sec. 206) The bill shortens a supervisor's time to respond to a notice of an adverse action from 14 days to 10 days. (Sec. 207) The VA may directly appoint qualifying individuals to the positions of Medical Center Director and Director of Veterans Integrated Service Network. (Sec. 208) The bill revises time periods for adverse action reviews for physicians, dentists, podiatrists, chiropractors, optometrists, registered nurses, physician assistants, and expanded-function dental auxiliaries. (Sec. 209) The VA shall provide supervisors with periodic training regarding whistle-blower rights, hostile work environments, and managing underperforming employees.

Bill Text Versions

View Text
5 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
May 11, 2017
Introduced in Senate
May 11, 2017
Read twice and referred to the Committee on Veterans' Affairs.
May 17, 2017
Committee on Veterans' Affairs. Hearings held. Hearings printed: S.Hrg. 115-299.
May 24, 2017
Committee on Veterans' Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
May 24, 2017
Committee on Veterans' Affairs. Reported by Senator Isakson with an amendment in the nature of a substitute. Without written report.
May 24, 2017
Placed on Senate Legislative Calendar under General Orders. Calendar No. 103.
Jun 6, 2017
Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.
Jun 6, 2017
Passed Senate with an amendment by Voice Vote.
Jun 6, 2017
The committee substitute agreed to by Unanimous Consent. (text: CR S3261-3266)
Jun 6, 2017
Measure laid before Senate by unanimous consent.
Jun 7, 2017
Message on Senate action sent to the House.
Jun 7, 2017
Received in the House.
Jun 7, 2017
Held at the desk.
Jun 12, 2017
Rules Committee Resolution H. Res. 378 Reported to House. Rule provides for consideration of H.R. 2581 and S. 1094. Rule provides for consideration of H.R. 2581 and S. 1094, with 1 hour of general debate for each bill. Previous question shall be considered as ordered without intervening motions except a motion to recommit with or without instructions on H.R. 2581, and a motion to commit on S. 1094. Both measures will be considered read and are closed to amendments.
Jun 13, 2017
Rule H. Res. 378 passed House.
Jun 13, 2017
Considered under the provisions of rule H. Res. 378. (consideration: CR H4884-4896)
Jun 13, 2017
Rule provides for consideration of H.R. 2581 and S. 1094, with 1 hour of general debate for each bill. Previous question shall be considered as ordered without intervening motions except a motion to recommit with or without instructions on H.R. 2581, and a motion to commit on S. 1094. Both measures will be considered read and are closed to amendments.
Jun 13, 2017
DEBATE - The House proceeded with one hour of debate on S. 1094.
Jun 13, 2017
The previous question was ordered pursuant to the rule. (consideration: CR H4896)
Jun 13, 2017
POSTPONED PROCEEDINGS - At the conclusion of debate on S. 1094, the Chair put the question on passage and by voice vote announced that the ayes had prevailed. Mr. Roe (TN) demanded the yeas and nays, and the Chair postponed further proceedings on passage of S. 1094 until later in the legislative day.
Jun 13, 2017
Considered as unfinished business. (consideration: CR H4899)
Jun 13, 2017
On passage Passed by the Yeas and Nays: 368 - 55 (Roll no. 307). (text: CR H4884-4889)
View Vote
Jun 13, 2017
Motion to reconsider laid on the table Agreed to without objection.
Jun 22, 2017
Presented to President.
Jun 23, 2017
Signed by President.
Jun 23, 2017
Became Public Law No: 115-41.
  • May 11, 2017
    Introduced in Senate


  • May 11, 2017
    Read twice and referred to the Committee on Veterans' Affairs.


  • May 17, 2017
    Committee on Veterans' Affairs. Hearings held. Hearings printed: S.Hrg. 115-299.


  • May 24, 2017
    Committee on Veterans' Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.


  • May 24, 2017
    Committee on Veterans' Affairs. Reported by Senator Isakson with an amendment in the nature of a substitute. Without written report.


  • May 24, 2017
    Placed on Senate Legislative Calendar under General Orders. Calendar No. 103.


  • June 6, 2017
    Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.


  • June 6, 2017
    Passed Senate with an amendment by Voice Vote.


  • June 6, 2017
    The committee substitute agreed to by Unanimous Consent. (text: CR S3261-3266)


  • June 6, 2017
    Measure laid before Senate by unanimous consent.


  • June 7, 2017
    Message on Senate action sent to the House.


  • June 7, 2017
    Received in the House.


  • June 7, 2017
    Held at the desk.


  • June 12, 2017
    Rules Committee Resolution H. Res. 378 Reported to House. Rule provides for consideration of H.R. 2581 and S. 1094. Rule provides for consideration of H.R. 2581 and S. 1094, with 1 hour of general debate for each bill. Previous question shall be considered as ordered without intervening motions except a motion to recommit with or without instructions on H.R. 2581, and a motion to commit on S. 1094. Both measures will be considered read and are closed to amendments.


  • June 13, 2017
    Rule H. Res. 378 passed House.


  • June 13, 2017
    Considered under the provisions of rule H. Res. 378. (consideration: CR H4884-4896)


  • June 13, 2017
    Rule provides for consideration of H.R. 2581 and S. 1094, with 1 hour of general debate for each bill. Previous question shall be considered as ordered without intervening motions except a motion to recommit with or without instructions on H.R. 2581, and a motion to commit on S. 1094. Both measures will be considered read and are closed to amendments.


  • June 13, 2017
    DEBATE - The House proceeded with one hour of debate on S. 1094.


  • June 13, 2017
    The previous question was ordered pursuant to the rule. (consideration: CR H4896)


  • June 13, 2017
    POSTPONED PROCEEDINGS - At the conclusion of debate on S. 1094, the Chair put the question on passage and by voice vote announced that the ayes had prevailed. Mr. Roe (TN) demanded the yeas and nays, and the Chair postponed further proceedings on passage of S. 1094 until later in the legislative day.


  • June 13, 2017
    Considered as unfinished business. (consideration: CR H4899)


  • June 13, 2017
    On passage Passed by the Yeas and Nays: 368 - 55 (Roll no. 307). (text: CR H4884-4889)
    View Vote


  • June 13, 2017
    Motion to reconsider laid on the table Agreed to without objection.


  • June 22, 2017
    Presented to President.


  • June 23, 2017
    Signed by President.


  • June 23, 2017
    Became Public Law No: 115-41.
Marco Rubio

Marco Rubio

Republican Senator

Florida

Cosponsors (39)
Joni Ernst (Republican)Dean Heller (Republican)Jeanne Shaheen (Democratic)Bill Cassidy (Republican)Tammy Duckworth (Democratic)Dan Sullivan (Republican)Thomas Tillis (Republican)David Perdue (Republican)Jerry Moran (Republican)Jeff Flake (Republican)Orrin G. Hatch (Republican)Joe Donnelly (Democratic)Angus S. King (Independent)Tom Cotton (Republican)James M. Inhofe (Republican)Michael B. Enzi (Republican)Roger F. Wicker (Republican)Rand Paul (Republican)John McCain (Republican)John Boozman (Republican)Roy Blunt (Republican)John Thune (Republican)Mike Rounds (Republican)Jon Tester (Democratic)John Kennedy (Republican)Bill Nelson (Democratic)Johnny Isakson (Republican)Pat Roberts (Republican)Thad Cochran (Republican)Tammy Baldwin (Democratic)John Cornyn (Republican)Susan M. Collins (Republican)Chuck Grassley (Republican)Patrick Toomey (Republican)Cory Gardner (Republican)Steve Daines (Republican)John Hoeven (Republican)Richard Blumenthal (Democratic)Shelley Moore Capito (Republican)

Veterans' Affairs Committee

Armed Forces and National Security

Related Bills

  • S 115-493: A bill to amend title 38, United States Code, to provide for the removal or demotion of employees of the Department of Veterans Affairs based on performance or misconduct, and for other purposes.
  • HRES 115-378: Providing for consideration of the bill (H.R. 2581) to amend the Internal Revenue Code of 1986 to require the provision of social security numbers as a condition of receiving the health insurance premium tax credit, and providing for consideration of 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.
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative remediesCongressional oversightDepartment of Veterans AffairsEmployee hiringEmployee performanceEmployment discrimination and employee rightsExecutive agency funding and structureFederal officialsGovernment employee pay, benefits, personnel managementGovernment ethics and transparency, public corruptionGovernment studies and investigationsHealth facilities and institutionsHealth personnelTransportation costsVeterans' medical care