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115th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                      {       115-39

======================================================================

 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1259) 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; PROVIDING FOR CONSIDERATION OF THE 
BILL (H.R. 1367) TO IMPROVE THE AUTHORITY OF THE SECRETARY OF VETERANS 
   AFFAIRS TO HIRE AND RETAIN PHYSICIANS AND OTHER EMPLOYEES OF THE 
 DEPARTMENT OF VETERANS AFFAIRS, AND FOR OTHER PURPOSES; AND PROVIDING 
  FOR CONSIDERATION OF THE BILL (H.R. 1181) TO AMEND TITLE 38, UNITED 
STATES CODE, TO CLARIFY THE CONDITIONS UNDER WHICH CERTAIN PERSONS MAY 
  BE TREATED AS ADJUDICATED MENTALLY INCOMPETENT FOR CERTAIN PURPOSES

                                _______
                                

   March 15, 2017.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

                Mr. Buck, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 198]

    The Committee on Rules, having had under consideration 
House Resolution 198, by a record vote of 8 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 1259, the 
VA Accountability First Act of 2017, under a structured rule. 
The resolution provides one hour of general debate equally 
divided and controlled by the chair and ranking minority member 
of the Committee on Veterans' Affairs. The resolution waives 
all points of order against consideration of the bill. The 
resolution makes in order as original text for the purpose of 
amendment an amendment in the nature of a substitute consisting 
of the text of Rules Committee Print 115-7 and provides that it 
shall be considered as read. The resolution waives all points 
of order against that amendment in the nature of a substitute. 
The resolution makes in order only those further amendments 
printed in part A of this report. Each such amendment may be 
offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question in the 
House or in the Committee of the Whole. The resolution waives 
all points of order against the amendments printed in part A of 
this report. The rule provides one motion to recommit with or 
without instructions.
    Section 2 of the resolution provides for consideration of 
H.R. 1367, to improve the authority of the Secretary of 
Veterans Affairs to hire and retain physicians and other 
employees of the Department of Veterans Affairs, and for other 
purposes, under a structured rule. The resolution provides one 
hour of general debate equally divided and controlled by the 
chair and ranking minority member of the Committee on Veterans' 
Affairs. The resolution waives all points of order against 
consideration of the bill. The resolution makes in order as 
original text for the purpose of amendment an amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 115-6 and provides that it shall be considered 
as read. The resolution waives all points of order against that 
amendment in the nature of a substitute. The resolution makes 
in order only those amendments printed in part B of this 
report. Each such amendment may be offered only in the order 
printed in this report, may be offered only by a Member 
designated in this report, shall be considered as read, shall 
be debatable for the time specified in this report equally 
divided and controlled by the proponent and an opponent, shall 
not be subject to amendment, and shall not be subject to a 
demand for division of the question in the House or in the 
Committee of the Whole. The resolution waives all points of 
order against the amendments printed in part B of this report. 
The resolution provides one motion to recommit with or without 
instructions.
    Section 3 of the resolution provides for consideration of 
H.R. 1181, the Veterans 2nd Amendment Protection Act, under a 
closed rule. The resolution provides one hour of debate equally 
divided and controlled by the chair and ranking minority member 
of the Committee on Veterans' Affairs. The resolution waives 
all points of order against consideration of the bill. The 
resolution provides that the bill shall be considered as read. 
The resolution waives all points of order against provisions in 
the bill. The resolution provides for one motion to recommit.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.R. 1259, includes a waiver of clause 3(d)(1) of rule XIII, 
which requires the inclusion of a committee cost estimate. It 
is important to note that while a Congressional Budget Office 
(CBO) cost estimate on H.R. 1259 was not available at the time 
the Committee on the Veterans' Affairs filed its report, a CBO 
cost estimate has since been made publicly available.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute to H.R. 1259 made 
in order as original text, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments to H.R. 1259 in part A of this report, the 
Committee is not aware of any points of order. The waiver is 
prophylactic in nature.
    The waiver of all points of order against consideration of 
H.R. 1367, includes a waiver of clause 3(d)(1) of rule XIII, 
which requires the inclusion of a committee cost estimate. It 
is important to note that while a Congressional Budget Office 
(CBO) cost estimate on H.R. 1367 was not available at the time 
the Committee on the Veterans' Affairs filed its report, a CBO 
cost estimate has since been made publicly available.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute to H.R. 1367 made 
in order as original text, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments to H.R. 1367 in part B of this report, the 
Committee is not aware of any points of order. The waiver is 
prophylactic in nature.
    Although the resolution waives all points of order against 
consideration of H.R. 1181, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in H.R. 1181, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 34

    Motion by Mr. Cole to report the rule. Adopted: 8-3

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................          Yea   Ms. Slaughter.....................  ............
Mr. Woodall.....................................          Yea   Mr. McGovern......................          Nay
Mr. Burgess.....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Collins.....................................          Yea   Mr. Polis.........................          Nay
Mr. Byrne.......................................          Yea
Mr. Newhouse....................................  ............
Mr. Buck........................................          Yea
Ms. Cheney......................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

     SUMMARY OF THE AMENDMENTS TO H.R. 1259 IN PART A MADE IN ORDER

    1. Roe (TN): MANAGER'S Inserts ``to or'' after the word 
``paid'' on page 20, line 15. (10 minutes)
    2. Walz (MN): Grants the VA Secretary improved authorities 
to hold VA senior executives and employees accountable, 
protects employees' constitutionally guaranteed due process 
rights, and protects employees' collective bargaining rights 
under federal law. (10 minutes)
    3. Hanabusa, Colleen (HI): Allows the Secretary to reduce a 
demoted individual's pay grade by a minimum of a step, 
depending on the severity of the misconduct. (10 minutes)
    4. Kuster, Ann (NH): Includes as prohibited personnel 
practices as described in the whistleblower protection 
subsection of section 3 with those defined in 38 USC 733(c). 
(10 minutes)
    5. Duffy (WI): Directs the Secretary of Veteran Affairs to, 
at a minimum, suspend an individual who has been charged with 
the sexual assault of a patient at a Department of Veteran 
Affairs medical facility. (10 minutes)
    6. Taylor (VA): Requires the Veterans Administration to 
provide a semi-annual report to the House and Senate Committees 
on Veterans Affairs outlining all instances of Senior 
Executives who are detailed to a new position within the 
agency. The report will contain details on the purpose of the 
reassignment as well as the costs associated with the 
reassignment. (10 minutes)
    7. Tenney (NY): Requires that bonuses awarded to senior-
level executives within the Department of Veterans Affairs be 
reported to Congress on an annual basis. (10 minutes)
    8. Kuster, Ann (NH): Requires VA supervisors to develop 
performance plans for employees, to include steps taken to 
address poor performance. It would also improve training for 
supervisors. (10 minutes)
    9. Takano (CA): SUBSTITUTE Provides for the suspension and 
removal of VA employees for performance or misconduct that is a 
threat to public health and safety in place of the proposed 
removal process. (10 minutes)

     SUMMARY OF THE AMENDMENTS TO H.R. 1367 IN PART B MADE IN ORDER

    1. Wenstrup (OH): MANAGER'S Extends the timeline to 
implement the fellowship program from 90 days to one year and 
extends the GAO reporting deadline from one to two years. 
Additionally, it removes the requirement to track a number of 
hiring effectiveness metrics, changes the establishment of a 
recruiting database from a ``shall'' to ``may'' authority, and 
stipulates that HR training be accomplished virtually. (10 
minutes)
    2. Meng (NY): Makes clear that the Inspector General of the 
VA must report, pursuant to 38 U.S.C. 7412, on at minimum five 
clinical and five nonclinical VA occupations that have the 
largest staffing shortages, which then triggers special hiring 
authorities for the Secretary to address such shortages. (10 
minutes)
    3. Sewell (AL): Allows the Secretary to select eligible 
employees for the Executive Management Fellowship Program who 
represent or service rural areas, to whatever extent 
practicable. (10 minutes)
    4. Hanabusa, Colleen (HI): Strikes section 6, 
``Reemployment of Former Employees,'' which would allow for the 
Secretary to appoint former employees at one grade higher than 
when they last separated, without having to go through the 
usual competitive application process. (10 minutes)
    5. Buck (CO): Prevents former political appointees at the 
VA from receiving non-political, competitively selected 
positions at the VA without having to go through the proper 
selection process. (10 minutes)
    6. Shea-Porter (NH): Requires the Secretary of the 
Department of Veterans Affairs to list open mental health 
positions in the database established under the bill. (10 
minutes)
    7. Brownley (CA): Clarifies that ``medical facility'' 
referenced in Sec. 10 includes each medical center, domiciliary 
facility, outpatient clinic, community-based outpatient clinic, 
and vet center. (10 minutes)
    8. Welch (VT): Adds an analysis of succession planning and 
hiring in rural areas, and requires a study on the ability to 
hire and recruit veterans in rural areas. (10 minutes)
    9. Gottheimer (NJ): Adds veterans who are recent graduates 
and/or recipients of Post-9/11 GI Bill Educational Assistance 
as a distinct category of individuals who are allowed for 
excepted service appointments. (10 minutes)
    10. Herrera Beutler (WA): Strengthens anonymity protections 
for employees filling out exit surveys, and requires exit 
survey data to be compiled at the VISN level to identify and 
acknowledge regional differences. (10 minutes)
    11. Hanabusa, Colleen (HI): Requires the total number of 
employees that voluntarily separated and the percentage of 
those employees that took the voluntary exit survey. (10 
minutes)
    12. Meng (NY): Encourages the transition of military 
medical professionals into employment with the Veterans Health 
Administration upon discharge or separation from the Armed 
Forces. (10 minutes)
    13. Bost (IL): Directs the Department of Veterans Affairs 
to develop and implement a plan to hire a director for each VA 
medical center without a permanent director. (10 minutes)
    14. O'Rourke (TX): Allows the VA to offer physicians 
conditional job offers two years prior to the completion of 
their residency program. Requires VA recruiters or similar 
official to visit each teaching institution with a residency 
program at least once annually. (10 minutes)

         PART A--TEXT OF AMENDMENTS TO H.R. 1259 MADE IN ORDER

1. An Amendment To Be Offered by Representative Roe of Tennessee or His 
                   Designee, Debatable for 10 Minutes

  Page 20, line 15, insert ``to or'' after ``paid''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Walz of Minnesota or 
                 His Designee, Debatable for 10 Minutes

  Strike section 3 and insert the following new section 3:

SEC. 3. IMPROVED AUTHORITIES OF SECRETARY OF VETERANS AFFAIRS TO 
                    IMPROVE ACCOUNTABILITY OF SENIOR EXECUTIVES.

  (a) Accountability of Senior Executives.--
          (1) In general.--Section 713 of title 38, United 
        States Code, is amended to read as follows:

``Sec. 713. Accountability of senior executives

  ``(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) be represented by an attorney or other 
        representative of the covered individual's choice;
          ``(B) not fewer than 10 business days advance written 
        notice of the charges and evidence supporting the 
        action and an opportunity to respond, in a manner 
        prescribed by the Secretary, before a decision is made 
        regarding the action; 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 Secretary shall ensure that the grievance 
process established under paragraph (1)(C) takes fewer than 21 
days.
  ``(B) The Secretary shall ensure that, under the process 
established pursuant to paragraph (1)(C), grievances are 
reviewed only by employees of the Department.
  ``(3) A decision or grievance decision under paragraph (1)(C) 
shall be final and conclusive.
  ``(4) A covered individual adversely affected by a final 
decision under paragraph (1)(C) may obtain judicial review of 
the decision.
  ``(5) In any case in which judicial review is sought under 
paragraph (4), 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.--(1) The authority 
provided by subsection (a) is in addition to the authority 
provided by section 3592 or subchapter V of chapter 75 of title 
5.
  ``(2) 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) or section 
                7401(1) of this title.
          ``(2) The term `misconduct' includes neglect of duty, 
        malfeasance, or failure to accept a directed 
        reassignment or to accompany a position in a transfer 
        of function.
          ``(3) The term `senior executive position' means--
                  ``(A) with respect to a career appointee (as 
                that term is defined in section 3132(a) of 
                title 5), a Senior Executive Service position 
                (as such term is defined in such section); and
                  ``(B) with respect to a covered individual 
                appointed under section 7306(a) or section 
                7401(1) of this title, an administrative or 
                executive position.''.
          (2) 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''.
  (b) Performance Management.--
          (1) In general.--The Secretary of Veterans Affairs 
        shall establish a performance management system for 
        employees in senior executive positions, as defined in 
        section 713(d) of title 38, United States Code, as 
        amended by subsection (a), that ensures performance 
        ratings and awards given to such employees--
                  (A) meaningfully differentiate extraordinary 
                from satisfactory contributions; and
                  (B) substantively reflect organizational 
                achievements over which the employee has 
                responsibility and control.
          (2) Regulations.--The Secretary shall prescribe 
        regulations to carry out paragraph (1).
  Strike section 9 and insert the following new section 9:

SEC. 9. REMOVAL OF EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS BASED ON 
                    PERFORMANCE OR MISCONDUCT.

  (a) In General.--Subchapter I of chapter 7 of title 38, 
United States Code, is further amended by inserting after 
section 713 the following new section:

``Sec. 714. Employees: removal based on performance or misconduct

  ``(a) In General.--(1) The Secretary may remove a covered 
individual who is an employee of the Department if the 
Secretary determines that--
          ``(A) the performance or misconduct of the covered 
        individual warrants such removal; and
          ``(B) in the case of removal for performance, a 
        portion of such performance occurred during the two-
        year period ending on the date of the determination.
  ``(2) If the Secretary removes a covered individual under 
paragraph (1), the Secretary may remove the covered individual 
from the civil service (as defined in section 2101 of title 5).
  ``(3) Nothing in this section may be construed to authorize a 
finalized performance appraisal of an employee to be 
retroactively amended.
  ``(b) Notice to Congress.--Not later than 30 days after 
removing a covered individual under subsection (a), the 
Secretary shall submit to the Committees on Veterans' Affairs 
of the Senate and House of Representatives notice in writing of 
such removal and the reason for such removal.
  ``(c) Procedure.--(1) An employee removed under subsection 
(a) is entitled, before removal, to--
          ``(A) at least 10 business days written notice 
        (which, in the case of removal for performance, shall 
        identify specific instances as described in clause (i) 
        of section 4303(b)(1)(A) of title 5 and critical 
        elements as described in clause (ii) of such section), 
        unless there is reasonable cause to believe that the 
        employee committed a crime for which a sentence of 
        imprisonment can be imposed--
                  ``(i) stating the specific reasons for the 
                proposed action; and
                  ``(ii) including a file containing all 
                evidence in support of the proposed action;
          ``(B) 10 business days to answer the charges orally 
        and in writing and to furnish affidavits and other 
        documentary evidence in support of the answer;
          ``(C) be represented by an attorney or other 
        representative;
          ``(D) a review of the case by the Secretary before a 
        decision adverse to the employee is made final;
          ``(E) as soon as practicable, a decision of the 
        Secretary with respect to the charges of the employee; 
        and
          ``(F) a written statement of the decision of the 
        Secretary that--
                  ``(i) includes the specific reasons of the 
                decision; and
                  ``(ii) in the case of a removal based on 
                performance, complies with section 
                4303(b)(1)(D) of title 5.
  ``(2)(A) Subject to subparagraph (B) and subsection (e), any 
final decision of the Secretary regarding removal under 
subsection (a) may be appealed to the Merit Systems Protection 
Board.
  ``(B) An appeal under subparagraph (A) of a removal may only 
be made if such appeal is made not later than 10 business days 
after the date of such removal.
  ``(C)(i) Subject to clause (ii), the decision of the 
Secretary shall be sustained under subparagraph (A) only if the 
Secretary's decision--
          ``(I) in the case of an action based on performance, 
        is supported by substantial evidence; or
          ``(II) in any other case, is supported by a 
        preponderance of the evidence.
  ``(ii) Notwithstanding clause (i), the Secretary's decision 
may not be sustained under subparagraph (A) if the covered 
individual--
          ``(I) shows harmful error in the application of the 
        Secretary's procedures in arriving at such decision;
          ``(II) shows that the decision was based on any 
        prohibited personnel practice described in section 
        2302(b) of title 5; or
          ``(III) shows that the decision was not in accordance 
        with law.
  ``(3) The procedures under section 7513(b) of title 5 and 
chapter 43 of such title shall not apply to a removal under 
this section.
  ``(d) Expedited Review.--(1) The Merit Systems Protection 
Board shall promulgate such rules as the Board considers 
appropriate to expedite appeals under subsection (c)(2).
  ``(2) The Board shall ensure that a final decision on an 
appeal described in paragraph (1) is issued not later than 90 
days after the appeal is made.
  ``(3) During the period beginning on the date on which a 
covered individual appeals a removal from the civil service 
under subsection (c)(2) and ending on the date that the Board 
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.
  ``(4) 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 
subsection (c)(2) is expedited.
  ``(e) Relation to Title 5.--The authority provided by this 
section is in addition to the authority provided by subchapter 
V of chapter 75 of title 5 and chapter 43 of such title.
  ``(f) Definitions.--In this section:
          ``(1) The term `covered individual' means an 
        individual occupying a position at the Department but 
        does not include--
                  ``(A) an individual, as that term is defined 
                in section 713(d); or
                  ``(B) a political appointee.
          ``(2) The term `misconduct' includes a violation of 
        paragraph (8) or (9) of section 2302(b) of title 5, 
        neglect of duty, malfeasance, or failure to accept a 
        directed reassignment or to accompany a position in a 
        transfer of function.
          ``(3) 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 of the Code of Federal Regulations.''.
  (b) Clerical and Conforming Amendments.--
          (1) Clerical.--The table of sections at the beginning 
        of such chapter is amended by inserting after the item 
        relating to section 713 the following new item:

``714. Employees: removal based on performance or misconduct.''.

          (2) Conforming.--
                  (A) Title 5.--Section 4303(f) of title 5, 
                United States Code, is amended--
                          (i) in paragraph (2), by striking 
                        ``or'' at the end;
                          (ii) in paragraph (3), by striking 
                        the period at the end and inserting ``, 
                        or''; and
                          (iii) by adding at the end the 
                        following:
          ``(4) any removal under section 714 of title 38.''.
                  (B) Title 38.--Subchapter V of chapter 74 of 
                title 38, United States Code, is amended--
                          (i) in section 7461(b)(1), by 
                        striking ``If the'' and inserting 
                        ``Except as provided in section 714 of 
                        this title, if the''; and
                          (ii) in section 7462--
                                  (I) in subsection (a)(1), by 
                                striking ``Disciplinary'' and 
                                inserting ``Except as provided 
                                in section 714 of this title, 
                                the Disciplinary''; and
                                  (II) in subsection (b)(1), by 
                                striking ``In any case'' and 
                                inserting ``Except as provided 
                                in section 714 of this title, 
                                in any case''.
                              ----------                              


 3. An Amendment To Be Offered by Representative Hanabusa of Hawaii or 
                 Her Designee, Debatable for 10 Minutes

  Page 2, line 18, insert ``of at least one step or the 
equivalent (as determined by the Secretary, taking into 
consideration the severity of the misconduct)'' after 
``grade''.
                              ----------                              


4. An Amendment To Be Offered by Representative Kuster of New Hampshire 
               or Her Designee, Debatable for 10 Minutes

  Page 8, line 20, insert ``or section 733(c) of this title'' 
after ``title 5''.
                              ----------                              


 5. An Amendment To Be Offered by Representative Duffy of Wisconsin or 
                 His Designee, Debatable for 10 Minutes

  Page 9, after line 19, insert the following new subsection:
  ``(i) Suspension During Imposition of Certain Charges.--(1) 
In carrying out subsection (a), the Secretary shall, at a 
minimum, suspend an individual whom the Secretary determines 
has been charged, or is the subject of a civil protective 
order, for an offense described in paragraph (2) against a 
patient at a medical facility of the Department. Such 
suspension shall be in effect during the period in which the 
charge is pending or the protective order is in effect, as the 
case may be.
  ``(2) An offense described in this paragraph is--
          ``(A) an offense under chapter 109A of title 18, 
        United States Code; or
          ``(B) an offense under the laws of the State in which 
        the offense is committed that would be, if subject to 
        Federal jurisdiction, an offense under such chapter 
        109A.''.
                              ----------                              


 6. An Amendment To Be Offered by Representative Taylor of Virginia or 
                 His Designee, Debatable for 10 Minutes

  Page 9, after line 19, insert the following:
  ``(i) Semi-annual Report on Transferred Employees.--The 
Secretary shall submit to the Committees on Veterans' Affairs 
of the Senate and House of Representatives semi-annual reports 
on senior executive employees who are transferred within the 
Department. Each such report shall include, for each such 
senior executive employee transferred during the period covered 
by the report, the reason for the transfer and any costs 
associated with the transfer.''.
  Page 9, line 20, strike ``(i)'' and insert ``(j)''.
                              ----------                              


 7. An Amendment To Be Offered by Representative Tenney of New York or 
                 Her Designee, Debatable for 10 Minutes

  Add at the end the following new section:

SEC. 10. ANNUAL REPORT ON PERFORMANCE AWARDS AND BONUSES AWARDED TO 
                    CERTAIN HIGH-LEVEL EMPLOYEES OF THE DEPARTMENT OF 
                    VETERANS AFFAIRS.

  (a) In General.--Chapter 7 of title 38, United States Code, 
is further amended by inserting after section 723, as added by 
section 5, the following new section:

``Sec. 724. Annual report on performance awards and bonuses awarded to 
                    certain high-level employees

  ``(a) In General.--Not later than 30 days after the end of 
each fiscal year, the Secretary shall submit to the appropriate 
committees of Congress a report that contains, for the most 
recent fiscal year ending before the submittal of the report, a 
description of the performance awards and bonuses awarded to 
Regional Office Directors of the Department, Directors of 
Medical Centers of the Department, Directors of Veterans 
Integrated Service Networks, and any other individual employed 
in a senior executive position.
  ``(b) Elements.--Each report submitted under subsection (a) 
shall include the following with respect to each performance 
award or bonus awarded to an individual described in such 
subsection:
          ``(1) The amount of each award or bonus.
          ``(2) The job title of the individual awarded the 
        award or bonus.
          ``(3) The location where the individual awarded the 
        award or bonus works.
  ``(c) Definitions.--In this section:
          ``(1) The term `appropriate committees of Congress' 
        means--
                  ``(A) the Committee on Veterans' Affairs and 
                the Committee on Appropriations of the Senate; 
                and
                  ``(B) the Committee on Veterans' Affairs and 
                the Committee on Appropriations of the House of 
                Representatives.
          ``(2) The term `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) or section 
                7401(1) of this title.
          ``(3) The term `senior executive position' means--
                  ``(A) with respect to a career appointee (as 
                that term is defined in section 3132(a)(4) of 
                title 5), a Senior Executive Service position 
                (as such term is defined in section 3132(a)(2) 
                of title 5); and
                  ``(B) with respect to an individual appointed 
                under section 7306(a) or section 7401(1) of 
                this title, an administrative or executive 
                position.''.
  (b) 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 723, as added by section 5, 
the following new item:

``724. Annual report on performance awards and bonuses awarded to 
          certain high-level employees.''.
                    ____________________________________________________

8. An Amendment To Be Offered by Representative Kuster of New Hampshire 
               or Her Designee, Debatable for 10 Minutes

  Add at the end the following:

SEC. 10. ACCOUNTABILITY OF SUPERVISORS AT DEPARTMENT OF VETERANS 
                    AFFAIRS FOR ADDRESSING PERFORMANCE OF EMPLOYEES.

  (a) In General.--The Secretary of Veterans Affairs shall 
ensure that, as a part of the annual performance plan of a 
supervisor in the Department, the supervisor is evaluated on 
the following:
          (1) Taking action to address poor performance and 
        misconduct among the employees that report to the 
        supervisor.
          (2) Taking steps to improve or sustain high levels of 
        employee engagement.
          (3) Promoting a positive culture of service that--
                  (A) reflects the mission of the Department 
                and the values of integrity, commitment, 
                advocacy, respect, and excellence; and
                  (B) emphasizes the greatest degree of 
                performance and conduct.
  (b) Supervisor Defined.--In this section, the term 
``supervisor'' has the meaning given such term in section 
7103(a) of title 5, United States Code.

SEC. 11. 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.
                              ----------                              


9. An Amendment To Be Offered by Representative Takano of California or 
                 His Designee, Debatable for 10 Minutes

  Strike sections 1 through 9 and insert the following:

SECTION 1. SUSPENSION AND REMOVAL OF DEPARTMENT OF VETERANS AFFAIRS 
                    EMPLOYEES FOR PERFORMANCE OR MISCONDUCT THAT IS A 
                    THREAT TO PUBLIC HEALTH OR SAFETY.

  (a) In General.--Chapter 7 of title 38, United States Code, 
is amended by adding after section 713 the following new 
section:

``Sec. 715. Employees: suspension and removal for performance or 
                    misconduct that is a threat to public health or 
                    safety

  ``(a) Suspension and Removal.--Subject to subsections (b) and 
(c), the Secretary may--
          ``(1) suspend without pay an employee of the 
        Department of Veterans Affairs if the Secretary 
        determines the performance or misconduct of the 
        employee is a threat to public health or safety, 
        including the health and safety of veterans; and
          ``(2) remove an employee suspended under paragraph 
        (1) when, after such investigation and review as the 
        Secretary considers necessary, the Secretary determines 
        that removal is necessary in the interests of public 
        health or safety.
  ``(b) Procedure.--An employee suspended under subsection 
(a)(1) is entitled, after suspension and before removal, to--
          ``(1) within 30 days after suspension, a written 
        statement of the specific charges against the employee, 
        which may be amended within 30 days thereafter;
          ``(2) an opportunity within 30 days thereafter, plus 
        an additional 30 days if the charges are amended, to 
        answer the charges and submit affidavits;
          ``(3) a hearing, at the request of the employee, by a 
        Department authority duly constituted for this purpose;
          ``(4) a review of the case by the Secretary, before a 
        decision adverse to the employee is made final; and
          ``(5) written statement of the decision of the 
        Secretary.
  ``(c) Relation to Other Disciplinary Rules.--The authority 
provided under this section shall be in addition to the 
authority provided under section 713 and title 5 with respect 
to disciplinary actions for performance or misconduct.
  ``(d) Back Pay for Whistleblowers.--If any employee of the 
Department of Veterans Affairs is subject to a suspension or 
removal under this section and such suspension or removal is 
determined by an appropriate authority under applicable law, 
rule, regulation, or collective bargaining agreement to be a 
prohibited personnel practice described under section 
2302(b)(8) or (9) of title 5, such employee shall receive back 
pay equal to the total amount of basic pay that such employee 
would have received during the period that the suspension and 
removal (as the case may be) was in effect, less any amounts 
earned by the employee through other employment during that 
period.
  ``(e) Definitions.--In this section, the term `employee' 
means any individual occupying a position within the Department 
of Veterans Affairs under a permanent or indefinite appointment 
and who is not serving a probationary or trial period.''.
  (b) Clerical and Conforming Amendments.--
          (1) Clerical.--The table of sections at the beginning 
        of such chapter is amended by adding after the item 
        relating to section 713 the following new item:

``715. Employees: suspension and removal for performance or misconduct 
          that is a threat to public health or safety.''.

          (2) Conforming.--Section 4303(f) of title 5, United 
        States Code, is amended--
                  (A) by striking ``or'' at the end of 
                paragraph (2);
                  (B) by striking the period at the end of 
                paragraph (3) and inserting ``, or''; and
                  (C) by adding at the end the following:
          ``(4) any suspension or removal under section 715 of 
        title 38.''.
  (c) Report on Suspensions and Removals.--Not later than one 
year after the date of the enactment of this Act, the Inspector 
General of the Department of Veterans Affairs shall submit to 
the Committees on Veterans' Affairs of the House of 
Representatives and the Senate a report on suspensions and 
removals of employees of the Department made under section 715 
of title 38, United States Code, as added by subsection (a). 
Such report shall include, with respect to the period covered 
by the report, the following:
          (1) The number of employees who were suspended under 
        such section.
          (2) The number of employees who were removed under 
        such section.
          (3) A description of the threats to public health or 
        safety that caused such suspensions and removals.
          (4) The number of such suspensions or removals, or 
        proposed suspensions or removals, that were of 
        employees who filed a complaint regarding--
                  (A) an alleged prohibited personnel practice 
                committed by an officer or employee of the 
                Department and described in section 2302(b)(8) 
                or 2302(b)(9)(A)(i), (B), (C), or (D) of title 
                5, United States Code; or
                  (B) the safety of a patient at a medical 
                facility of the Department.
          (5) Of the number of suspensions and removals listed 
        under paragraph (4), the number that the Inspector 
        General considers to be retaliation for whistleblowing.
          (6) The number of such suspensions or removals that 
        were of an employee who was the subject of a complaint 
        made to the Department regarding the health or safety 
        of a patient at a medical facility of the Department.
          (7) Any recommendations by the Inspector General, 
        based on the information described in paragraphs (1) 
        through (6), to improve the authority to make such 
        suspensions and removals.
                              ----------                              


         PART B--TEXT OF AMENDMENTS TO H.R. 1367 MADE IN ORDER

1. An Amendment To Be Offered by Representative Wenstrup of Ohio or His 
                   Designee, Debatable for 10 Minutes

  Page 8, line 8, strike ``90 days'' and insert ``one year''.
  Page 12, line 12, strike ``shall'' and insert ``may''.
  Page 12, line 19, strike ``shall'' and insert ``may''.
  Page 12, line 21, strike ``shall'' and insert ``may''.
  Page 13, strike lines 11 through 13 and insert ``such 
training virtually.''.
  Page 16, line 9, strike ``one year'' and insert ``two 
years''.
  Page 16, beginning line 14, strike section 11.
                              ----------                              


2. An Amendment To Be Offered by Representative Meng of New York or Her 
                   Designee, Debatable for 10 Minutes

  Page 2, line 2, strike ``the five clinical'' and insert ``at 
a minimum, the five clinical''.
                              ----------                              


 3. An Amendment To Be Offered by Representative Sewell of Alabama or 
                 Her Designee, Debatable for 10 Minutes

  Page 4, line 2, before the period insert the following: ``and 
that whenever practicable provides a preference to such 
employees who represent or service rural areas''.
                              ----------                              


 4. An Amendment To Be Offered by Representative Hanabusa of Hawaii or 
                 Her Designee, Debatable for 10 Minutes

  Strike section 6.
                              ----------                              


5. An Amendment To Be Offered by Representative Buck of Colorado or His 
                   Designee, Debatable for 10 Minutes

  Page 11, line 2, strike ``The Secretary'' and insert 
``Notwithstanding sections 3309 through 3318 of title 5, United 
States Code, the Secretary''.
  Page 11, line 3, insert ``career or career conditional'' 
after ``former''.
  Page 11, beginning on line 4, strike ``or any excepted 
service position under chapter 74 of title 38, United States 
Code,''.
  Page 11, line 7, insert ``or equivalent'' after ``grade'' 
both places it appears.
  Page 11, line 16, insert ``career or career conditional'' 
before ``position''.
                              ----------                              


  6. An Amendment To Be Offered by Representative Shea-Porter of New 
          Hampshire or Her Designee, Debatable for 10 Minutes

  Page 12, strike lines 2 through 6 and insert the following:
  (a) Establishment.--The Secretary of Veterans Affairs shall 
establish a single database that lists--
          (1) each vacant position in the Department of 
        Veterans Affairs that the Secretary determines is 
        critical to the mission of the Department, difficult to 
        fill, or both; and
          (2) each vacant position in the Department of 
        Veterans Affairs for a mental health professional.
                              ----------                              


7. An Amendment To Be Offered by Representative Brownley of California 
               or Her Designee, Debatable for 10 Minutes

  Page 15, line 9, insert ``, including each medical center, 
domiciliary facility, outpatient clinic, community-based 
outpatient clinic, and vet center'' after ``Affairs''.
                              ----------                              


8. An Amendment To Be Offered by Representative Welch of Vermont or His 
                   Designee, Debatable for 10 Minutes

  Page 16, after line 6, insert the following:
          (6) An analysis of succession planning and hiring as 
        it relates to rural areas.
  Page 16, line 7, strike ``(6)'' and insert ``(7)''.
  Page 17, line 21, strike ``and''.
  Page 17, line 24, strike the period and insert ``; and''.
  Page 17, after line 24, insert the following:
                  (J) the ability to recruit and hire in rural 
                areas.
                              ----------                              


   9. An Amendment To Be Offered by Representative Gottheimer of New 
            Jersey or His Designee, Debatable for 10 Minutes

  Page 21, line 10, strike ``or''.
  Page 21, line 15, strike the period and insert a semicolon.
  Page 21, insert after line 15 the following:
          (4) have received educational assistance under 
        chapter 33 of title 38, United States Code; or
          (5) graduated from a qualifying educational 
        institution, as defined by the Department, and have not 
        reached 30 years of age.
                              ----------                              


  10. An Amendment To Be Offered by Representative Herrera Beutler of 
          Washington or Her Designee, Debatable for 10 Minutes

  Page 22, line 18, strike ``, to the extent possible,''.
  Page 22, beginning on line 19, strike ``and personally 
identifiable information is removed'' and insert ``, including 
through the use of a location that allows for privacy, is not 
directly visible by another employee, and does not require the 
departing employee to input any personally identifiable data''.
  Page 22, line 23, insert ``are aggregated at the Veterans 
Integrated Service Network level and'' after ``subsection 
(a)''.
                              ----------                              


11. An Amendment To Be Offered by Representative Hanabusa of Hawaii or 
                 Her Designee, Debatable for 10 Minutes

  Page 23, line 16, strike ``the number of employees who'' and 
insert the following: ``the total number of employees who 
voluntarily separated from the Department and the number and 
percentage of whom''.
                              ----------                              


 12. An Amendment To Be Offered by Representative Meng of New York or 
                 Her Designee, Debatable for 10 Minutes

  At the end of the bill insert the following:

SEC. 14. ENCOURAGING TRANSITION OF MILITARY MEDICAL PROFESSIONALS INTO 
                    EMPLOYMENT WITH VETERANS HEALTH ADMINISTRATION.

  The Secretary of Veterans Affairs shall establish a program 
to encourage an individual who serves in the Armed Forces with 
a military occupational specialty relating to the provision of 
health care to seek employment with the Veterans Health 
Administration when the individual has been discharged or 
released from service in the Armed Forces or is contemplating 
separating from such service.
                              ----------                              


 13. An Amendment To Be Offered by Representative Bost of Illinois or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following new section:

SEC. 14. PLAN TO HIRE DIRECTORS OF MEDICAL CENTERS OF DEPARTMENT OF 
                    VETERANS AFFAIRS.

  (a) Plan.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall 
develop and implement a plan to hire highly qualified directors 
for each medical center of the Department of Veterans Affairs 
that lacks a permanent director as of the date of the plan. The 
Secretary shall prioritize the hiring of such directors for the 
medical centers that have not had a permanent director for the 
longest periods.
  (b) Matters Included.--The plan developed under subsection 
(a) shall include the following:
          (1) A deadline to hire the directors of the medical 
        centers of the Department as described in such 
        subsection.
          (2) Identification of the possible impediments to 
        such hiring.
          (3) Identification of opportunities to promote and 
        train candidates from within the Department to senior 
        executive positions in the Department, including as 
        directors of medical centers.
  (c) Submission.--Not later than 120 days after the date of 
the enactment of this Act, the Secretary shall submit to the 
Committees on Veterans' Affairs of the House of Representatives 
and the Senate the plan developed under subsection (a).
  (d) Semiannual Reports.--Not later than 180 days after the 
date of the enactment of this Act, and each 180-day period 
thereafter until January 1, 2018, the Secretary shall submit to 
the Committees on Veterans' Affairs of the House of 
Representatives and the Senate a list of each medical center of 
the Department that lacks a permanent director as of the date 
of the report.
                              ----------                              


 14. An Amendment To Be Offered by Representative O'Rourke of Texas or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following new section:

SEC. 14. RECRUITMENT OF PHYSICIANS IN DEPARTMENT OF VETERANS AFFAIRS.

  (a) In General.--Section 7402(b)(1) of title 38, United 
States Code, is amended--
          (1) by inserting ``or to be offered a contingent 
        appointment to such position,'' after ``position,''; 
        and
          (2) by striking subparagraph (B) and inserting the 
        following new subparagraph (B):
          ``(B)(i) have completed a residency program 
        satisfactory to the Secretary; or
          ``(ii) with respect to an offer for a contingent 
        appointment upon the completion of a post-graduate 
        training program, complete such a residency program by 
        not later than two years after the date of such offer; 
        and''.
  (b) Oversight of Graduate Medical Education Programs.--The 
Secretary shall--
          (1) ensure that a recruiter or other similar official 
        of each Veterans Integrated Service Network visits, not 
        less than annually, each allopathic and osteopathic 
        teaching institution with a graduate medical education 
        program within the Network to recruit individuals to be 
        appointed to positions in the Veterans Health 
        Administration; and
          (2) submit to Congress an annual report on the 
        implementation of paragraph (1), including the success 
        of such recruiting efforts.

                                  [all]