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Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017

Public Law 115-41 · S. 1094 · 115th Congress · began in the Senate

Signed by Donald Trump (R) on Jun 23, 2017 · Armed Forces and National Security

Major law

Sponsor: Sen. Marco Rubio (R-FL)

Cosponsors (39): Sen. Jon Tester,

Passage votesYeaNay

  • HouseRecorded vote: 368 yea, 55 nay368–55
  • SenateVoice vote
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

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.

Who voted for it

Every House member of the 115th Congress on the ideology compass. Highlighted: the 368 who voted yea on final passage. Faded: everyone else, including those who voted nay, did not vote, or had not yet taken office.

368 yea55 nay7 present or did not vote

ProEstablishmentAnti
Economic left–right
More liberalMore conservative

Democrats who voted yea(137)

Republicans who voted yea(231)

Data notes

The House’s recorded vote on the final version of the law (roll call 306 in Voteview), matched to the vote the record cites and checked against its totals. Positions are each member’s DW-NOMINATE score for that Congress, as on the Ideology page; left to right is more liberal to more conservative. Paired and announced yea votes count as yea. Lists follow the compass, most liberal first. A name links to a profile only for members of the current Congress. A law passed by voice vote or unanimous consent has no member list, and neither does a vote Voteview has not yet recorded.

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Committees

The committees the bill was sent to, and what each did with it.

Data notes

A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.

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Related bills

2 bills the Library of Congress relates to this one.

  • H.Res. 378Procedurally-related

    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…

  • S. 493Related bill

    Department of Veterans Affairs Accountability First Act of 2017

Data notes

Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 25 actions.

  1. Jun 23, 2017Became lawBecame law · Signed by President.
  2. Jun 22, 2017FloorFloor · Presented to President.
  3. Jun 13, 2017FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
  4. FloorFloor · On passage Passed by the Yeas and Nays: 368 - 55 (Roll no. 307).House roll call 307
  5. FloorFloor · Considered as unfinished business.
  6. FloorFloor · 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 i…
  7. FloorFloor · The previous question was ordered pursuant to the rule.
  8. FloorFloor · DEBATE - The House proceeded with one hour of debate on S. 1094.
  9. FloorFloor · 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.…
  10. FloorFloor · Considered under the provisions of rule H. Res. 378.
  11. FloorFloor · Rule H. Res. 378 passed House.
  12. Jun 12, 2017FloorFloor · 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 int…
  13. Jun 7, 2017FloorFloor · Held at the desk.
  14. FloorFloor · Received in the House.
  15. FloorFloor · Message on Senate action sent to the House.
  16. Jun 6, 2017FloorFloor · Passed Senate with an amendment by Voice Vote.
  17. FloorFloor · The committee substitute agreed to by Unanimous Consent.
  18. FloorFloor · Measure laid before Senate by unanimous consent.
  19. May 24, 2017CalendarCalendar · Placed on Senate Legislative Calendar under General Orders. Calendar No. 103.
  20. CommitteeCommittee · Committee on Veterans' Affairs. Reported by Senator Isakson with an amendment in the nature of a substitute. Without written report.
  21. CommitteeCommittee · Committee on Veterans' Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
  22. May 17, 2017CommitteeCommittee · Committee on Veterans' Affairs. Hearings held. Hearings printed: S.Hrg. 115-299.
  23. CommitteeCommittee · Hearings by Senate Veterans' Affairs Committee
  24. May 11, 2017CommitteeCommittee · Read twice and referred to the Committee on Veterans' Affairs.
  25. IntroducedIntroduced · Introduced in Senate
Data notes

Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.

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Amendments

1 amendment offered to the bill, with the last recorded step of each.

  • S.Amdt. 219SenateSen. Cory GardnerR-CO· offered Jun 6, 2017No vote recorded

    Jun 6, 2017: Senate amendment submitted

    Offered, no vote recorded
Data notes

Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.

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Official record

The bill’s full text is on Congress.gov. Data through Oct 7, 2026.