Fair VA Accountability Act

Summary: Fair VA Accountability Act This bill authorizes the Department of Veterans Affairs (VA) to: (1) suspend a VA employee without pay if the employee's performance or misconduct is a clear and direct threat to public health or safety; and (2) remove a suspended employee when, after investigation and review, removal is determined necessary in the interests of public health or safety.  A suspended employee is entitled, after suspension and before removal, to:   a written statement of the specific charges against him or her within 30 days after suspension;  an opportunity within 30 days thereafter, plus an additional 30 days if the charges are amended, to answer the charges and submit affidavits;  a hearing, at the employee's request, by a VA authority duly constituted for this purpose;  a case review by the VA before a decision adverse to the employee is made final; and  a written statement of the VA's decision.   A VA employee who is subject to a suspension or removal that is determined under applicable law, rule, regulation, or collective bargaining agreement to be a prohibited personnel practice 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 was in effect, less any amounts earned by the employee through other employment during that period.  An individual who was formerly employed in a senior executive position at the VA may not accept compensation from a covered contractor as an employee, officer, director, or consultant of the contractor during the one-year period beginning on the date on which the individual was last employed at the VA in a senior executive position.  The VA: (1) may not enter into a contract with any entity that employs such an individual, and (2) shall require an entity to certify that it does not employ and will not employ any such individual during the period covered by the contract.  The VA 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 14 days during any 365-day period; and  waive such limitation and extend the administrative leave or other paid non-duty status without charge to leave of a covered individual if the VA submits to the appropriate committees 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.  A &quot;covered individual&quot; means a VA employee: (1) who is subject to an investigation to determine whether the individual should be subject to any disciplinary action, or (2) against whom any disciplinary action is proposed or initiated.

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) 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. PROHIBITION ON CERTAIN FORMER EMPLOYEE'S ACCEPTANCE OF 
              COMPENSATION FROM CONTRACTOR.

    (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. Prohibition on certain former employee's acceptance of 
              compensation from contractors of the Department
    ``(a)  In General.--An individual who was formerly employed in a 
senior executive position at the Department may not accept compensation 
from a covered contractor as an employee, officer, director, or 
consultant of the covered contractor during the one-year period 
beginning on the date on which the individual was last employed in a 
senior executive position at the Department.
    ``(b) Definitions.--In this section:
            ``(1) The term `covered contractor' means a contractor 
        carrying out a contract entered into with the Department, 
        including pursuant to a subcontract.
            ``(2) The term `senior executive position' has the meaning 
        given such term in section 713(g) of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is further amended by adding at the end the following new 
item:

``717. Prohibition on certain former employee's acceptance of 
                            compensation from contractors of the 
                            Department.''.

SEC. 4. LIMITATION ON CONTRACTING WITH ENTITIES EMPLOYING CERTAIN 
              RECENTLY SEPARATED DEPARTMENT EMPLOYEES.

    (a) In General.--Subchapter II of chapter 81 of title 38, United 
States Code, is amended by adding at the end the following new section:
``Sec. 8129. Limitation on contracting with entities employing certain 
              recently separated Department employees
    ``(a) In General.--The Secretary may not enter into a contract with 
any entity if the entity employs an individual who is prohibited from 
accepting compensation from a contractor under section 717 of this 
title.
    ``(b) Certification.--Before entering into a contract with any 
entity, the Secretary shall require the entity to submit to the 
Secretary certification that the entity does not employ, and will not 
employ during the period covered by the contract, any individual who is 
prohibited from accepting compensation from a contractor under section 
717 of this title.
    ``(c) Definitions.--In this section, the term `senior executive 
position' has the meaning given such term in section 713(g)(3) of this 
title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding after the item relating to section 
8128 the following new item:

``8129. Limitation of contracting with entities employing certain 
                            recently separated Department employees.''.

SEC. 5. 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 717, as added by section 3, the 
following new section:
``Sec. 719. 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 719(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 719(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:

``719. Administrative leave limitation and report.''.