VA Accountability First and Appeals Modernization Act of 2016
This bill authorizes the Department of Veterans Affairs (VA) to remove or demote a VA employee based on performance or misconduct and provides that specified federal employee performance appraisal provisions shall not apply to such removals or demotions. The VA may remove such individual from the civil service or demote the individual through a reduction in grade or annual pay rate.
A demoted individual shall not be placed on administrative leave or any other category of paid leave during the appeals period and can receive pay only if he or she reports for duty.
An expedited appeals process is established under which: (1) an employee shall have the right to an appeal before the Merit Systems Protection Board (MSPB) within seven days of removal or demotion, (2) the MSPB shall issue a decision within 60 days of the appeal or the removal or demotion becomes final, (3) an MSPB decision and any final removal or demotion may be appealed to the U.S. Court of Appeals, and (4) the MSPB may not stay any removal or demotion.
The VA may not remove or demote an employee: (1) without the approval of the Special Counsel if the individual seeks corrective action from the Office of Special Counsel based on an alleged prohibited personnel practice, and (2) until a final decision in the case of a whistle blower complaint.
The VA shall reduce the federal annuity of an individual removed from the VA Senior Executive Service (SES) who is convicted of a felony that influenced his or her performance while employed in such position.
The VA may reduce the federal annuity of an individual who was convicted of such a felony and was subject to removal or transfer from the SES but who left the VA before final action was taken.
The VA may recoup an award, a bonus, or relocation expenses paid to a VA employee under specified circumstances.
The VA may suspend, reprimand or admonish an SES employee for misconduct or performance that does not merit removal. The VA must notify an individual five days before taking such proposed action. Appeals may be made to the Senior Executive Disciplinary Appeals Board (as provided for by this bill) and may not be appealed to the MSPB.
The bill establishes an additional whistle blower complaint process, which shall include suspension and removal actions against supervisory employees who commit prohibited personnel actions against a whistle blower.
The bill amends the disability benefits appeals process.
The bill amends the Veterans Access, Choice, and Accountability Act of 2014 to prohibit payment of an award or bonus to any VA SES employee during each of FY2017-FY2021.
| Action Date | Type | Text | Source |
|---|---|---|---|
| 2016-09-15 | IntroReferral | Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs. | Senate |
| 2016-09-14 | Floor | Motion to reconsider laid on the table Agreed to without objection. | House floor actions |
| 2016-09-14 | Vote | On passage Passed by the Yeas and Nays: 310 - 116 (Roll no. 519). | House floor actions |
| 2016-09-14 | Vote | On motion to recommit with instructions Failed by recorded vote: 185 - 239 (Roll no. 518). | House floor actions |
| 2016-09-14 | Floor | The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H5485) | House floor actions |
| 2016-09-14 | Floor | DEBATE - The House proceeded with 10 minutes of debate on the Titus motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add a new section at the end of the bill pertaining to the Definiiton of Spouse for Purposes of Veteran Benefits to Reflect New State Definitions of Spouse pending a reservation of a point of order. Subsequently, the reservation was removed. | House floor actions |
| 2016-09-14 | Floor | Ms. Titus moved to recommit with instructions to the Committee on Veterans' Affairs. (consideration: CR H5484-5485; text: CR H5484) | House floor actions |
| 2016-09-14 | Floor | The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union. | House floor actions |
| 2016-09-14 | Floor | The previous question was ordered pursuant to the rule. (consideration: CR H5484, H5485) | House floor actions |
| 2016-09-14 | Floor | The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5620. | House floor actions |
| 2016-09-14 | Floor | The House resolved into Committee of the Whole House on the state of the Union for further consideration. | House floor actions |
| 2016-09-14 | Floor | Considered as unfinished business. (consideration: CR H5479-5486) | House floor actions |
| 2016-09-14 | Floor | Committee of the Whole House on the state of the Union rises leaving H.R. 5620 as unfinished business. | House floor actions |
| 2016-09-14 | Floor | On motion that the Committee now rise Agreed to by voice vote. | House floor actions |
| 2016-09-14 | Floor | Mr. Miller (FL) moved that the Committee now rise. | House floor actions |
| 2016-09-14 | Floor | DEBATE - Pursuant to the provisions of H. Res. 859, the Committee of the Whole proceeded with 10 minutes of debate on the Miller (FL) amendment No. 22. | House floor actions |
| 2016-09-14 | Floor | POSTPONED PROCEEDINGS - At the conclusion of debate on the Duffy amendment No. 21, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Takano demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced. | House floor actions |
| 2016-09-14 | Floor | DEBATE - Pursuant to the provisions of H. Res. 859, the Committee of the Whole proceeded with 10 minutes of debate on the Duffy amendment No. 21. | House floor actions |
| 2016-09-14 | Floor | POSTPONED PROCEEDINGS - At the conclusion of debate on the Takano amendment No. 20, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Takano demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced. | House floor actions |
| 2016-09-14 | Floor | Pursuant to the provisions of H. Res. 859, the Committee of the Whole proceeded with 10 minutes of debate on the Takano amendment No. 20. | House floor actions |
| 2016-09-14 | Floor | POSTPONED PROCEEDINGS - At the conclusion of debate on the Takano amendment No. 19, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Takano demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced. | House floor actions |
| 2016-09-14 | Floor | DEBATE - Pursuant to the provisions of H. Res. 859, the Committee of the Whole proceeded with 10 minutes of debate on the Takano amendment No. 19. | House floor actions |
| 2016-09-14 | Floor | DEBATE - Pursuant to the provisions of H. Res. 859, the Committee of the Whole proceeded with 10 minutes of debate on the O'Rourke amendment No. 18. | House floor actions |
| 2016-09-14 | Floor | DEBATE - Pursuant to the provisions of H. Res. 859, the Committee of the Whole proceeded with 10 minutes of debate on the O'Rourke amendment No. 17. | House floor actions |
| 2016-09-14 | Floor | DEBATE - Pursuant to the provisions of H. Res. 859, the Committee of the Whole proceeded with 10 minutes of debate on the O'Rourke amendment No. 16. | House floor actions |
| 2016-09-14 | Floor | POSTPONED PROCEEDINGS - At the conclusion of debate on the Takano amendment No. 15, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Takano demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced. | House floor actions |
| 2016-09-14 | Floor | DEBATE - Pursuant to the provisions of H. Res. 859, the Committee of the Whole proceeded with 10 minutes of debate on the Takano amendment No. 15. | House floor actions |
| 2016-09-14 | Floor | DEBATE - Pursuant to the provisions of H. Res. 859, the Committee of the Whole proceeded with 10 minutes of debate on the Lujan, Ben Ray (NM) amendment No. 14. | House floor actions |
| 2016-09-14 | Floor | The House resolved into Committee of the Whole House on the state of the Union for further consideration. | House floor actions |
| 2016-09-14 | Floor | Considered as unfinished business. (consideration: CR H5463-5470) | House floor actions |
| 2016-09-13 | Floor | Committee of the Whole House on the state of the Union rises leaving H.R. 5620 as unfinished business. | House floor actions |
| 2016-09-13 | Floor | On motion that the committee rise Agreed to by voice vote. | House floor actions |
| 2016-09-13 | Floor | Mr. Miller (FL) moved that the committee rise. | House floor actions |
| 2016-09-13 | Floor | DEBATE - Pursuant to the provisions of H. Res. 859, the Committee of the Whole proceeded with 10 minutes of debate on the Lowenthal amendment No. 13. | House floor actions |
| 2016-09-13 | Floor | DEBATE - Pursuant to the provisions of H. Res. 859, the Committee of the Whole proceeded with 10 minutes of debate on the Keating amendment No. 12. | House floor actions |
| 2016-09-13 | Floor | DEBATE - Pursuant to the provisions of H. Res. 859, the Committee of the Whole proceeded with 10 minutes of debate on the Takano amendment No. 11. | House floor actions |
| 2016-09-13 | Floor | DEBATE - Pursuant to the provisions of H. Res. 859, the Committee of the Whole proceeded with 10 minutes of debate on the Takano amendment No. 10. | House floor actions |
| 2016-09-13 | Floor | DEBATE - Pursuant to the provisions of H. Res. 859, the Committee of the Whole proceeded with 10 minutes of debate on the Schweikert amendment No. 8. | House floor actions |
| 2016-09-13 | Floor | DEBATE - Pursuant to the provisions of H. Res. 859, the Committee of the Whole proceeded with 10 minutes of debate on the Newhouse amendment No. 7. | House floor actions |
| 2016-09-13 | Floor | DEBATE - Pursuant to the provisions of H. Res. 859, the Committee of the Whole proceeded with 10 minutes of debate on the Takano amendment No. 6. | House floor actions |
| 2016-09-13 | Floor | POSTPONED PROCEEDINGS - At the conclusion of debate on the Kuster amendment No. 5, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mrs. Kuster demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced. | House floor actions |
| 2016-09-13 | Floor | DEBATE - Pursuant to the provisions of H. Res. 859, the Committee of the Whole proceeded with 10 minutes of debate on the Kuster amendment No. 5. | House floor actions |
| 2016-09-13 | Floor | DEBATE - Pursuant to the provisions of H. Res. 859, the Committee of the Whole proceeded with 10 minutes of debate on the Lujan Grisham (NM) amendment No. 4. | House floor actions |
| 2016-09-13 | Floor | POSTPONED PROCEEDINGS - At the conclusion of debate on the Takano amendment No. 3, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Takano demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced. | House floor actions |
| 2016-09-13 | Floor | DEBATE - Pursuant to the provisions of H. Res. 859, the Committee of the Whole proceeded with 10 minutes of debate on the Takano amendment No. 3. | House floor actions |
| 2016-09-13 | Floor | POSTPONED PROCEEDINGS - At the conclusion of debate on the Walz amendment No. 2, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Takano demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced. | House floor actions |
| 2016-09-13 | Floor | DEBATE - Pursuant to the provisions of H. Res. 859, the Committee of the Whole proceeded with 10 minutes of debate on the Walz amendment No. 2. | House floor actions |
| 2016-09-13 | Floor | DEBATE - Pursuant to the provisions of H.Res. 859, the Committee of the Whole proceeded with 10 minutes of debate on the Miller (FL) amendment No. 1. | House floor actions |
| 2016-09-13 | Floor | GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 5620. | House floor actions |
| 2016-09-13 | Floor | The Speaker designated the Honorable Randy Hultgren to act as Chairman of the Committee. | House floor actions |
| 2016-09-13 | Floor | House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 859 and Rule XVIII. | House floor actions |
| 2016-09-13 | Floor | Rule provides for consideration of H.R. 5620 with 1 hour of general debate. Motion to recommit with or without instructions allowed. The rule makes in order only those amendments printed in the Rules Committee report. | House floor actions |
| 2016-09-13 | Floor | Considered under the provisions of rule H. Res. 859. (consideration: CR H5390-5417; text of measure as reported in House: CR H5398-5404) | House floor actions |
| 2016-09-13 | Floor | Rule H. Res. 859 passed House. | House floor actions |
| 2016-09-12 | Floor | Rules Committee Resolution H. Res. 859 Reported to House. Rule provides for consideration of H.R. 5620 with 1 hour of general debate. Motion to recommit with or without instructions allowed. The rule makes in order only those amendments printed in the Rules Committee report. | House floor actions |
| 2016-07-14 | Committee | Referred to the Subcommittee on Economic Opportunity. | House committee actions |
| 2016-07-05 | IntroReferral | Referred to the Committee on Veterans' Affairs, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. | House floor actions |
| 2016-07-05 | IntroReferral | Referred to the Committee on Veterans' Affairs, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. | House floor actions |
| 2016-07-05 | IntroReferral | Introduced in House | Library of Congress |