H. Rept. 114-234 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1994) 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, AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3236) TO PROVIDE AN EXTENSION OF FEDERAL-AID HIGHWAY, HIGHWAY SAFETY, MOTOR CARRIER SAFETY, TRANSIT, AND OTHER PROGRAMS FUNDED OUT OF THE HIGHWAY TRUST FUND, TO PROVIDE RESOURCE FLEXIBILITY TO THE DEPARTMENT OF VETERANS AFFAIRS FOR HEALTH CARE SERVICES, AND FOR114th Congress (2015-2016)
Committee Report
Hide Overview icon-hideReport text available as:
- TXT
(PDF provides a complete and accurate display of this text.) Tip?
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-234
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1994) 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, AND PROVIDING FOR CONSIDERATION OF
THE BILL (H.R. 3236) TO PROVIDE AN EXTENSION OF FEDERAL-AID HIGHWAY,
HIGHWAY SAFETY, MOTOR CARRIER SAFETY, TRANSIT, AND OTHER PROGRAMS
FUNDED OUT OF THE HIGHWAY TRUST FUND, TO PROVIDE RESOURCE FLEXIBILITY
TO THE DEPARTMENT OF VETERANS AFFAIRS FOR HEALTH CARE SERVICES, AND FOR
OTHER PURPOSES
_______
July 28, 2015.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Sessions, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 388]
The Committee on Rules, having had under consideration
House Resolution 388, by a record vote of 9 to 4, 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. 1994, the
VA Accountability Act of 2015, 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 the amendment in the nature of a substitute
recommended by the Committee on Veterans' Affairs now printed
in the bill 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 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 this report. The resolution provides one motion to
recommit with or without instructions.
Section 2 of the resolution provides for consideration of
H.R. 3236, the Surface Transportation and Veterans Health Care
Choice Improvement Act of 2015, under a closed rule. The
resolution provides one hour of debate equally divided among
and controlled by the respective chairs and ranking minority
members of the Committees on Transportation and Infrastructure,
Ways and Means, and 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 one motion to recommit.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
H.R. 1994 includes a waiver of the following:
Clause 3(c)(4) of rule XIII, requiring the inclusion of
general performance goals and objectives in the committee
report. It is important to note that while the report to
accompany H.R. 1994 did include a statement reflecting the
performance goals, the statement was insufficient to comply
with the rule.
Clause 3(e)(1) of rule XIII (``Ramseyer''), requiring a
committee report accompanying a bill amending or repealing
statutes to show, by typographical device, parts of statute
affected. The waiver is provided because the submission
provided by the Committee on Veterans' Affairs was insufficient
to meet the standards established by the rule in its current
form. The Committee on Rules continues to work with the House
Office of Legislative Counsel and committees to determine the
steps necessary to comply with the updated rule.
Although the resolution waives all points of order against
the amendment in the nature of a substitute to H.R. 1994 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 printed in 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. 3236 include a waiver of clause 11 of rule XXI,
prohibiting the consideration of a bill or joint resolution
which has not been reported by a committee until the third
calendar day on which such measure has been available to
Members, Delegates, and the Resident Commissioner.
Although the resolution waives all points of order against
provisions in H.R. 3236, 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. 94
Motion by Ms. Slaughter to amend the rule to H.R. 3236 to
make in order and provide the appropriate waivers for amendment
#1, offered by Rep. Fincher (TN), which reforms and
reauthorizes the Export-Import Bank of the United States
through September 30, 2019. Defeated: 6-7
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Cole........................................ Nay Mr. McGovern...................... Yea
Mr. Woodall..................................... Nay Mr. Hastings of Florida........... Yea
Mr. Burgess..................................... Nay Mr. Polis......................... Yea
Mr. Stivers..................................... Yea
Mr. Collins..................................... Nay
Mr. Byrne....................................... Nay
Mr. Newhouse.................................... Yea
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 95
Motion by Mr. McGovern to report open rules for H.R. 1994
and H.R. 3236. Defeated: 4-9
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Cole........................................ Nay Mr. McGovern...................... Yea
Mr. Woodall..................................... Nay Mr. Hastings of Florida........... Yea
Mr. Burgess..................................... Nay Mr. Polis......................... Yea
Mr. Stivers..................................... Nay
Mr. Collins..................................... Nay
Mr. Byrne....................................... Nay
Mr. Newhouse.................................... Nay
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 96
Motion by Ms. Foxx to report the rule. Adopted: 9-4
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Yea Ms. Slaughter..................... Nay
Mr. Cole........................................ Yea Mr. McGovern...................... Nay
Mr. Woodall..................................... Yea Mr. Hastings of Florida........... Nay
Mr. Burgess..................................... Yea Mr. Polis......................... Nay
Mr. Stivers..................................... Yea
Mr. Collins..................................... Yea
Mr. Byrne....................................... Yea
Mr. Newhouse.................................... Yea
Mr. Sessions, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------
SUMMARY OF THE AMENDMENTS TO H.R. 1994 MADE IN ORDER
1. Benishek (MI), Sinema (AZ): Reforms and improves the VA
Inspector General's ability to report on problems and problem
employees at the VA. Requires the IG to release reports
including employee misconduct to the public and explain what
changes the VA has requested, requires the IG to identify a
manager responsible for fixing an identified problem, makes it
easier to fire an identified employee, and targets the bonuses
of employees that fail to solve problems. (10 minutes)
2. Takano (CA): SUBSTITUTE Provides VA Secretary the
authority to immediately suspend without pay any employee whose
performance or misconduct is a threat to health or safety;
ensures back pay for whistleblowers unfairly terminated, and
caps the payment of administrative leave to 14 days. Makes
effective date of back pay provision October 1, 2015. (20
minutes)
TEXT OF AMENDMENTS TO H.R. 1994 MADE IN ORDER
1. An Amendment To Be Offered by Representative Benishek of Michigan or
His Designee, Debatable for 10 Minutes
Add at the end the following new section:
SEC. 11. ACCOUNTABILITY OF SECRETARY OF VETERANS AFFAIRS TO INSPECTOR
GENERAL OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Chapter 7 of title 38, United States Code,
as amended by section 8, is amended by adding at the end the
following new section:
``Sec. 727. Accountability of Secretary to Inspector General
``(a) Submission of Reports.--(1) At the same time as the
Inspector General of the Department submits to the Secretary a
covered report, the Inspector General shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a copy of such covered report.
``(2) The Inspector General shall include in each covered
report submitted under paragraph (1)--
``(A) an explanation of any changes to the covered
report recommended by the Secretary during the period
in which the Inspector General was preparing the
covered report; and
``(B) a list of the names of each responsible
manager.
``(3) The Inspector General may not make public the names of
responsible managers submitted under paragraph (2)(B).
``(b) Performance of Responsible Managers.--(1) The Secretary
shall--
``(A) promptly notify each responsible manager of a
covered issue by not later than seven days after the
date on which the Inspector General submits a covered
report to the Secretary;
``(B) direct such manager to resolve such issue; and
``(C) provide such manager with appropriate
counseling and a mitigation plan with respect to
resolving such issue.
``(2) The Secretary shall ensure that any performance review
of a responsible manager includes an evaluation of whether the
manager took appropriate actions during the period covered by
the review to respond to a covered issue.
``(3) The Secretary may not pay to a responsible manager any
bonus or award under chapter 45 or 53 of title 5 or any other
bonus or award authorized under such title or this title if a
covered issue is unresolved.
``(c) Role of Inspector General.--Any authority of the
Inspector General provided under this section is in addition to
any responsibility or authority provided to the Inspector
General in the Inspector General Act of 1978 (5 U.S.C. App.).
``(d) Definitions.--In this section:
``(1) The term `covered issue' means, with respect to
a responsible manager, an issue described in a covered
report for which the manager is or was responsible.
``(2) The term `covered report' means a report by the
Inspector General of the Department of Veterans Affairs
that recommends actions to the Secretary of Veterans
Affairs (or other official or employee of the
Department) to address an issue in the Department with
respect to public health or safety relating to
misconduct, or alleged misconduct, by an employee of
the Department.
``(3) The term `responsible manager' means an
individual who--
``(A) is an employee of the Department;
``(B) is or was responsible for an issue
included in a covered report; and
``(C) in being so responsible, is or was
employed in a management position, regardless
of whether the employee is in the competitive
civil service, Senior Executive Service, or
other type of civil service.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter, as amended by section 8, is amended
by inserting after the item relating to section 725 the
following new item:
``727. Accountability of Secretary to Inspector General.''.
____________________________________________________
2. An Amendment To Be Offered by Representative Takano of California or
His Designee, Debatable for 20 Minutes
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair VA Accountability Act''.
SEC. 2. 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 clear and direct threat to public health
or safety; 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) Effective Date of Back Pay Provision.--Subsection (d) of
section 715 of title 38, United States Code, as added by
subsection (a), shall take effect on October 1, 2015.
(d) 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.
SEC. 3. LIMITATION ON ADMINISTRATIVE LEAVE FOR EMPLOYEES WITHIN THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Chapter 7 of title 38, United States Code,
is further amended by adding after section 715, as added by
section 2, the following new section:
``Sec. 717. Administrative leave limitation and report
``(a) Limitation Applicable to Employees Within the
Department of Veterans Affairs.--(1) The Secretary may not
place any covered individual on administrative leave, or any
other type of paid non-duty status without charge to leave, for
more than a total of 14 days during any 365-day period.
``(2) The Secretary may waive the limitation under paragraph
(1) and extend the administrative leave or other paid non-duty
status without charge to leave of a covered individual placed
on such leave or status under paragraph (1) if the Secretary
submits to the Committees on Veterans' Affairs of the Senate
and House of Representatives a detailed explanation of the
reasons the individual was placed on administrative leave or
other paid non-duty status without charge to leave and the
reasons for the extension of such leave or status. Such
explanation shall include the name of the covered individual,
the location where the individual is employed, and the
individual's job title.
``(3) In this subsection, the term `covered individual' means
an employee of the Department--
``(A) who is subject to an investigation for purposes
of determining whether such individual should be
subject to any disciplinary action under this title or
title 5; or
``(B) against whom any disciplinary action is
proposed or initiated under this title or title 5.
``(b) Report on Administrative Leave.--(1) Not later than 30
days after the end of each quarter of any calendar year, the
Secretary shall submit to the Committees on Veterans' Affairs
of the House of Representatives and the Senate a report listing
the name of any employee of the Department (if any) who has
been placed on administrative leave, or any other type of paid
non-duty status, for a period longer than 7 days during such
quarter.
``(2) Any report submitted under subsection (a) shall
include, with respect to any employee listed in such report,
the position occupied by the employee, the number of days of
such leave, and the reason that such employee was placed on
such leave.''.
(b) Application.--
(1) Administrative leave limitation.--Section 717(a)
of title 38, United States Code (as added by subsection
(a)), shall apply to any action of removal or transfer
under section 713 of such title or title 5, United
States Code, commencing on or after the date of
enactment of this section.
(2) Report.--The report under section 717(b) of such
title (as added by subsection (a)) shall begin to apply
in the quarter that ends after the date that is 6
months after the date of enactment of this section.
(c) Clerical Amendment.--The table of sections at the
beginning of such chapter 7 is amended by adding at the end the
following new item:
``717. Administrative leave limitation and report.''.
Amend the title so as to read: ``A bill to amend title 38,
United States Code, to improve the authority of the Secretary
of Veterans Affairs to suspend and remove employees of the
Department of Veterans Affairs for performance or misconduct
that is a threat to public health or safety.''.
[all]