United States 114th Congress Status: Died 1 R cosponsors

HR 5620 — VA Accountability First and Appeals Modernization Act of 2016

Last action — Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 114th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

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Read HR 5620 on the official United States source →

Action History

  1. Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.

  2. Motion to reconsider laid on the table Agreed to without objection.

  3. On passage Passed by the Yeas and Nays: 310 - 116 (Roll no. 519).

  4. On motion to recommit with instructions Failed by recorded vote: 185 - 239 (Roll no. 518).

  5. The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H5485)

  6. 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.

  7. Ms. Titus moved to recommit with instructions to the Committee on Veterans' Affairs. (consideration: CR H5484-5485; text: CR H5484)

  8. The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union.

  9. The previous question was ordered pursuant to the rule. (consideration: CR H5484, H5485)

  10. The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5620.

  11. H.Amdt.1412 On agreeing to the Duffy amendment (A020) Agreed to by recorded vote: 423 - 1 (Roll no. 517).

  12. H.Amdt.1411 On agreeing to the Takano amendment (A019) Agreed to by recorded vote: 421 - 0 (Roll no. 516).

  13. H.Amdt.1410 On agreeing to the Takano amendment (A018) Agreed to by recorded vote: 421 - 1 (Roll no. 515).

  14. H.Amdt.1406 On agreeing to the Takano amendment (A014) Agreed to by recorded vote: 426 - 0 (Roll no. 514).

  15. H.Amdt.1397 On agreeing to the Kuster amendment (A005) Failed by recorded vote: 183 - 236 (Roll no. 513).

  16. H.Amdt.1395 On agreeing to the Takano amendment (A003) Failed by recorded vote: 184 - 240 (Roll no. 512).

  17. H.Amdt.1394 On agreeing to the Walz amendment (A002) Failed by recorded vote: 173 - 250 (Roll no. 511).

  18. The House resolved into Committee of the Whole House on the state of the Union for further consideration.

  19. Considered as unfinished business. (consideration: CR H5479-5486)

  20. Committee of the Whole House on the state of the Union rises leaving H.R. 5620 as unfinished business.

  21. On motion that the Committee now rise Agreed to by voice vote.

  22. Mr. Miller (FL) moved that the Committee now rise.

  23. H.Amdt.1413 On agreeing to the Miller (FL) amendment (A021) Agreed to by voice vote.

  24. 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.

  25. H.Amdt.1413 Amendment (A021) offered by Mr. Miller (FL).

  26. 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.

  27. 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.

  28. H.Amdt.1412 Amendment (A020) offered by Mr. Duffy.

  29. 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.

  30. 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.

  31. H.Amdt.1411 Amendment (A019) offered by Mr. Takano.

  32. 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.

  33. 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.

  34. H.Amdt.1410 Amendment (A018) offered by Mr. Takano.

  35. H.Amdt.1409 On agreeing to the O'Rourke amendment (A017) Agreed to by voice vote.

  36. 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.

  37. H.Amdt.1409 Amendment (A017) offered by Mr. O'Rourke.

  38. H.Amdt.1408 On agreeing to the O'Rourke amendment (A016) Agreed to by voice vote.

  39. 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.

  40. H.Amdt.1408 Amendment (A016) offered by Mr. O'Rourke.

  41. H.Amdt.1407 On agreeing to the O'Rourke amendment (A015) Agreed to by voice vote.

  42. 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.

  43. H.Amdt.1407 Amendment (A015) offered by Mr. O'Rourke.

  44. 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.

  45. 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.

  46. H.Amdt.1406 Amendment (A014) offered by Mr. Takano.

  47. H.Amdt.1405 On agreeing to the Lujan, Ben Ray (NM) amendment (A013) Agreed to by voice vote.

  48. 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.

  49. H.Amdt.1405 Amendment (A013) offered by Mr. Lujan, Ben Ray (NM).

  50. The House resolved into Committee of the Whole House on the state of the Union for further consideration.

  51. Considered as unfinished business. (consideration: CR H5463-5470)

  52. Committee of the Whole House on the state of the Union rises leaving H.R. 5620 as unfinished business.

  53. On motion that the committee rise Agreed to by voice vote.

  54. Mr. Miller (FL) moved that the committee rise.

  55. H.Amdt.1404 On agreeing to the Lowenthal amendment (A012) Agreed to by voice vote.

  56. 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.

  57. H.Amdt.1404 Amendment (A012) offered by Mr. Lowenthal.

  58. H.Amdt.1403 On agreeing to the Keating amendment (A011) Agreed to by voice vote.

  59. 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.

  60. H.Amdt.1403 Amendment (A011) offered by Mr. Keating.

  61. H.Amdt.1402 On agreeing to the Takano amendment (A010) Agreed to by voice vote.

  62. 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.

  63. H.Amdt.1402 Amendment (A010) offered by Mr. Takano.

  64. H.Amdt.1401 On agreeing to the Takano amendment (A009) Agreed to by voice vote.

  65. 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.

  66. H.Amdt.1401 Amendment (A009) offered by Mr. Takano.

  67. H.Amdt.1400 By unanimous consent, the Schweikert amendment was withdrawn.

  68. 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.

  69. H.Amdt.1400 Amendment (A008) offered by Mr. Schweikert.

  70. H.Amdt.1399 On agreeing to the Newhouse amendment (A007) Agreed to by voice vote.

  71. 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.

  72. H.Amdt.1399 Amendment (A007) offered by Mr. Newhouse.

  73. H.Amdt.1398 On agreeing to the Takano amendment (A006) as modified Agreed to by voice vote.

  74. 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.

  75. H.Amdt.1398 Takano amendment (A006) modified by unanimous consent.

  76. H.Amdt.1398 Amendment (A006) offered by Mr. Takano.

  77. 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.

  78. 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.

  79. H.Amdt.1397 Amendment (A005) offered by Ms. Kuster. (consideration: CR H5408-5409; text: CR H5408)

  80. H.Amdt.1396 On agreeing to the Lujan Grisham (NM) amendment (A004) Agreed to by voice vote.

  81. 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.

  82. H.Amdt.1396 Amendment (A004) offered by Ms. Lujan Grisham (NM).

  83. 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.

  84. 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.

  85. H.Amdt.1395 Amendment (A003) offered by Mr. Takano. (consideration: CR H5406-5407; text: CR H5406)

  86. 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.

  87. 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.

  88. H.Amdt.1394 Amendment (A002) offered by Mr. Walz. (consideration: CR H5405-5406; text: CR H5405)

  89. H.Amdt.1393 On agreeing to the Miller (FL) amendment (A001) Agreed to by voice vote.

  90. 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.

  91. H.Amdt.1393 Amendment (A001) offered by Mr. Miller (FL).

  92. GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 5620.

  93. The Speaker designated the Honorable Randy Hultgren to act as Chairman of the Committee.

  94. House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 859 and Rule XVIII.

  95. 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.

  96. Considered under the provisions of rule H. Res. 859. (consideration: CR H5390-5417; text of measure as reported in House: CR H5398-5404)

  97. Rule H. Res. 859 passed House.

  98. 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.

  99. Referred to the Subcommittee on Economic Opportunity.

  100. Referred to House Oversight and Government Reform

  101. Referred to House Veterans' Affairs

  102. 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.

  103. Introduced in House

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does HR 5620 do?
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.
Who sponsors HR 5620?
HR 5620 is sponsored by Jeff Miller (R).
What is the current status of HR 5620?
This bill died with 114th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 5620?
Track HR 5620 free on One Click Politics — get push/email alerts when it moves.

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