S. 1094 

One Hundred Fifteenth Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and seventeen 

An Act 

To amend title 38, United States Code, to improve the accountability of employees 

of the Department of Veterans Affairs, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Department 

of Veterans Affairs Accountability and Whistleblower Protection 

Act of 2017’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act 

is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—OFFICE OF ACCOUNTABILITY AND WHISTLEBLOWER 

PROTECTION 

Sec. 101. Establishment of Office of Accountability and Whistleblower Protection. 

Sec. 102. Protection of whistleblowers in Department of Veterans Affairs. 

Sec. 103. Report on methods used to investigate employees of Department of Veterans Affairs. 

TITLE II—ACCOUNTABILITY OF SENIOR EXECUTIVES, SUPERVISORS, AND 

OTHER EMPLOYEES 

Sec. 201. Improved authorities of Secretary of Veterans Affairs to improve accountability of senior executives. 

Sec. 202. Improved authorities of Secretary of Veterans Affairs to improve accountability of employees. 

Sec. 203. Reduction of benefits for Department of Veterans Affairs employees convicted of certain crimes. 

Sec. 204. Authority to recoup bonuses or awards paid to employees of Department 

of Veterans Affairs. 

Sec. 205. Authority to recoup relocation expenses paid to or on behalf of employees 

of Department of Veterans Affairs. 

Sec. 206. Time period for response to notice of adverse actions against supervisory 

employees who commit prohibited personnel actions. 

Sec. 207. Direct hiring authority for medical center directors and VISN directors. 

Sec. 208. Time periods for review of adverse actions with respect to certain employees. 

Sec. 209. Improvement of training for supervisors. 

Sec. 210. Assessment and report on effect on senior executives at Department of 

Veterans Affairs. 

Sec. 211. Measurement of Department of Veterans Affairs disciplinary process outcomes and effectiveness. 
S. 1094—2 

TITLE I—OFFICE OF ACCOUNTABILITY 

AND WHISTLEBLOWER PROTECTION 

SEC. 101. ESTABLISHMENT OF OFFICE OF ACCOUNTABILITY AND 

WHISTLEBLOWER PROTECTION. 

(a) IN GENERAL.—Chapter 3 of title 38, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 323. Office of Accountability and Whistleblower Protection 

‘‘(a) ESTABLISHMENT.—There is established in the Department 

an office to be known as the ‘Office of Accountability and Whistleblower Protection’ (in this section referred to as the ‘Office’). 

‘‘(b) HEAD OF OFFICE.—(1) The head of the Office shall be 

responsible for the functions of the Office and shall be appointed 

by the President pursuant to section 308(a) of this title. 

‘‘(2) The head of the Office shall be known as the ‘Assistant 

Secretary for Accountability and Whistleblower Protection’. 

‘‘(3) The Assistant Secretary shall report directly to the Secretary on all matters relating to the Office. 

‘‘(4) Notwithstanding section 308(b) of this title, the Secretary 

may only assign to the Assistant Secretary responsibilities relating 

to the functions of the Office set forth in subsection (c). 

‘‘(c) FUNCTIONS.—(1) The functions of the Office are as follows: 

‘‘(A) Advising the Secretary on all matters of the Department relating to accountability, including accountability of 

employees of the Department, retaliation against whistleblowers, and such matters as the Secretary considers similar 

and affect public trust in the Department. 

‘‘(B) Issuing reports and providing recommendations related 

to the duties described in subparagraph (A). 

‘‘(C) Receiving whistleblower disclosures. 

‘‘(D) Referring whistleblower disclosures received under 

subparagraph (C) for investigation to the Office of the Medical 

Inspector, the Office of Inspector General, or other investigative 

entity, as appropriate, if the Assistant Secretary has reason 

to believe the whistleblower disclosure is evidence of a violation 

of a provision of law, mismanagement, gross waste of funds, 

abuse of authority, or a substantial and specific danger to 

public health or safety. 

‘‘(E) Receiving and referring disclosures from the Special 

Counsel for investigation to the Medical Inspector of the Department, the Inspector General of the Department, or such other 

person with investigatory authority, as the Assistant Secretary 

considers appropriate. 

‘‘(F) Recording, tracking, reviewing, and confirming 

implementation of recommendations from audits and investigations carried out by the Inspector General of the Department, 

the Medical Inspector of the Department, the Special Counsel, 

and the Comptroller General of the United States, including 

the imposition of disciplinary actions and other corrective 

actions contained in such recommendations. 

‘‘(G) Analyzing data from the Office and the Office of 

Inspector General telephone hotlines, other whistleblower 

disclosures, disaggregated by facility and area of health care 

if appropriate, and relevant audits and investigations to identify 
S. 1094—3 

trends and issue reports to the Secretary based on analysis 

conducted under this subparagraph. 

‘‘(H) Receiving, reviewing, and investigating allegations of 

misconduct, retaliation, or poor performance involving— 

‘‘(i) an individual in a senior executive position (as 

defined in section 713(d) of this title) in the Department; 

‘‘(ii) an individual employed in a confidential, policymaking, policy-determining, or policy-advocating position 

in the Department; or 

‘‘(iii) a supervisory employee, if the allegation involves 

retaliation against an employee for making a whistleblower 

disclosure. 

‘‘(I) Making such recommendations to the Secretary for 

disciplinary action as the Assistant Secretary considers appropriate after substantiating any allegation of misconduct or poor 

performance pursuant to an investigation carried out as 

described in subparagraph (F) or (H). 

‘‘(2) In carrying out the functions of the Office, the Assistant 

Secretary shall ensure that the Office maintains a toll-free telephone number and Internet website to receive anonymous whistleblower disclosures. 

‘‘(3) In any case in which the Assistant Secretary receives 

a whistleblower disclosure from an employee of the Department 

under paragraph (1)(C), the Assistant Secretary may not disclose 

the identity of the employee without the consent of the employee, 

except in accordance with the provisions of section 552a of title 

5, or as required by any other applicable provision of Federal 

law. 

‘‘(d) STAFF AND RESOURCES.—The Secretary shall ensure that 

the Assistant Secretary has such staff, resources, and access to 

information as may be necessary to carry out the functions of 

the Office. 

‘‘(e) RELATION TO OFFICE OF GENERAL COUNSEL.—The Office 

shall not be established as an element of the Office of the General 

Counsel and the Assistant Secretary may not report to the General 

Counsel. 

‘‘(f) REPORTS.—(1)(A) Not later than June 30 of each calendar 

year, beginning with June 30, 2017, the Assistant Secretary shall 

submit to the Committee on Veterans’ Affairs of the Senate and 

the Committee on Veterans’ Affairs of the House of Representatives 

a report on the activities of the Office during the calendar year 

in which the report is submitted. 

‘‘(B) Each report submitted under subparagraph (A) shall 

include, for the period covered by the report, the following: 

‘‘(i) A full and substantive analysis of the activities of 

the Office, including such statistical information as the Assistant Secretary considers appropriate. 

‘‘(ii) Identification of any issues reported to the Secretary 

under subsection (c)(1)(G), including such data as the Assistant 

Secretary considers relevant to such issues and any trends 

the Assistant Secretary may have identified with respect to 

such issues. 

‘‘(iii) Identification of such concerns as the Assistant Secretary may have regarding the size, staffing, and resources 

of the Office and such recommendations as the Assistant Secretary may have for legislative or administrative action to 

address such concerns. 
S. 1094—4 

‘‘(iv) Such recommendations as the Assistant Secretary may 

have for legislative or administrative action to improve— 

‘‘(I) the process by which concerns are reported to 

the Office; and 

‘‘(II) the protection of whistleblowers within the 

Department. 

‘‘(v) Such other matters as the Assistant Secretary considers appropriate regarding the functions of the Office or other 

matters relating to the Office. 

‘‘(2) If the Secretary receives a recommendation for disciplinary 

action under subsection (c)(1)(I) and does not take or initiate the 

recommended disciplinary action before the date that is 60 days 

after the date on which the Secretary received the recommendation, 

the Secretary shall submit to the Committee on Veterans’ Affairs 

of the Senate and the Committee on Veterans’ Affairs of the House 

of Representatives a detailed justification for not taking or initiating 

such disciplinary action. 

‘‘(g) DEFINITIONS.—In this section: 

‘‘(1) The term ‘supervisory employee’ means an employee 

of the Department who is a supervisor as defined in section 

7103(a) of title 5. 

‘‘(2) The term ‘whistleblower’ means one who makes a 

whistleblower disclosure. 

‘‘(3) The term ‘whistleblower disclosure’ means any disclosure of information by an employee of the Department or individual applying to become an employee of the Department 

which the employee or individual reasonably believes evidences— 

‘‘(A) a violation of a law, rule, or regulation; or 

‘‘(B) gross mismanagement, a gross waste of funds, 

an abuse of authority, or a substantial and specific danger 

to public health or safety.’’. 

(b) CONFORMING AMENDMENT.—Section 308(b) of such title is 

amended by adding at the end the following new paragraph: 

‘‘(12) The functions set forth in section 323(c) of this title.’’. 

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 3 of such title is amended by adding at the end 

the following new item: 

‘‘323. Office of Accountability and Whistleblower Protection.’’. 

SEC. 102. PROTECTION OF WHISTLEBLOWERS IN DEPARTMENT OF 

VETERANS AFFAIRS. 

(a) IN GENERAL.—Subchapter II of chapter 7 of title 38, United 

States Code, is amended by— 

(1) striking sections 731, 732, 734, 735, and 736; 

(2) by redesignating section 733 as section 731; and 

(3) by adding at the end the following new sections: 

‘‘§ 732. Protection of whistleblowers as criteria in evaluation 

of supervisors 

‘‘(a) DEVELOPMENT AND USE OF CRITERIA REQUIRED.—The Secretary, in consultation with the Assistant Secretary of Accountability and Whistleblower Protection, shall develop criteria that— 

‘‘(1) the Secretary shall use as a critical element in any 

evaluation of the performance of a supervisory employee; and 

‘‘(2) promotes the protection of whistleblowers. 
S. 1094—5 

‘‘(b) PRINCIPLES FOR PROTECTION OF WHISTLEBLOWERS.—The 

criteria required by subsection (a) shall include principles for the 

protection of whistleblowers, such as the degree to which supervisory employees respond constructively when employees of the 

Department report concerns, take responsible action to resolve such 

concerns, and foster an environment in which employees of the 

Department feel comfortable reporting concerns to supervisory 

employees or to the appropriate authorities. 

‘‘(c) SUPERVISORY EMPLOYEE AND WHISTLEBLOWER DEFINED.— 

In this section, the terms ‘supervisory employee’ and ‘whistleblower’ 

have the meanings given such terms in section 323 of this title. 

‘‘§ 733. Training regarding whistleblower disclosures 

‘‘(a) TRAINING.—Not less frequently than once every two years, 

the Secretary, in coordination with the Whistleblower Protection 

Ombudsman designated under section 3(d)(1)(C) of the Inspector 

General Act of 1978 (5 U.S.C. App.), shall provide to each employee 

of the Department training regarding whistleblower disclosures, 

including— 

‘‘(1) an explanation of each method established by law 

in which an employee may file a whistleblower disclosure; 

‘‘(2) the right of the employee to petition Congress regarding 

a whistleblower disclosure in accordance with section 7211 

of title 5; 

‘‘(3) an explanation that the employee may not be prosecuted or reprised against for disclosing information to Congress, the Inspector General, or another investigatory agency 

in instances where such disclosure is permitted by law, 

including under sections 5701, 5705, and 7732 of this title, 

under section 552a of title 5 (commonly referred to as the 

Privacy Act), under chapter 93 of title 18, and pursuant to 

regulations promulgated under section 264(c) of the Health 

Insurance Portability and Accountability Act of 1996 (Public 

Law 104–191); 

‘‘(4) an explanation of the language that is required to 

be included in all nondisclosure policies, forms, and agreements 

pursuant to section 115(a)(1) of the Whistleblower Protection 

Enhancement Act of 2012 (5 U.S.C. 2302 note); and 

‘‘(5) the right of contractors to be protected from reprisal 

for the disclosure of certain information under section 4705 

or 4712 of title 41. 

‘‘(b) MANNER TRAINING IS PROVIDED.—The Secretary shall 

ensure, to the maximum extent practicable, that training provided 

under subsection (a) is provided in person. 

‘‘(c) CERTIFICATION.—Not less frequently than once every two 

years, the Secretary shall provide training on merit system protection in a manner that the Special Counsel certifies as being satisfactory. 

‘‘(d) PUBLICATION.—The Secretary shall publish on the Internet 

website of the Department, and display prominently at each facility 

of the Department, the rights of an employee to make a whistleblower disclosure, including the information described in paragraphs (1) through (5) of subsection (a). 

‘‘(e) WHISTLEBLOWER DISCLOSURE DEFINED.—In this section, 

the term ‘whistleblower disclosure’ has the meaning given such 

term in section 323 of this title.’’. 
S. 1094—6 

(b) CLERICAL AMENDMENTS.—The table of sections at the beginning of such chapter is amended— 

(1) by striking the items relating to sections 731 through 

736; and 

(2) by adding at the end the following new items: 

‘‘731. Adverse actions against supervisory employees who commit prohibited personnel actions relating to whistleblower complaints. 

‘‘732. Protection of whistleblowers as criteria in evaluation of supervisors. 

‘‘733. Training regarding whistleblower disclosures.’’. 

(c) CONFORMING AMENDMENTS.—Section 731 of such title, as 

redesignated by subsection (a)(2), is amended— 

(1) in subsection (c)— 

(A) in paragraph (1)— 

(i) by striking subparagraphs (A) and (B) and 

inserting the following: 

‘‘(A) making a whistleblower disclosure to the Assistant 

Secretary for Accountability and Whistleblower Protection, 

the Inspector General of the Department, the Special 

Counsel, or Congress;’’; and 

(ii) by redesignating subparagraphs (C) through 

(F) as subparagraphs (B) through (E), respectively; 

and 

(iii) in subparagraph (B), as redesignated by clause 

(ii), by striking ‘‘complaint in accordance with section 

732 or with’’ and inserting ‘‘disclosure made to the 

Assistant Secretary for Accountability and Whistleblower Protection,’’; and 

(B) in paragraph (2), by striking ‘‘through (F)’’ and 

inserting ‘‘through (E)’’; and 

(2) by adding at the end the following new subsection: 

‘‘(d) WHISTLEBLOWER DISCLOSURE DEFINED.—In this section, 

the term ‘whistleblower disclosure’ has the meaning given such 

term in section 323(g) of this title.’’. 

SEC. 103. REPORT ON METHODS USED TO INVESTIGATE EMPLOYEES 

OF DEPARTMENT OF VETERANS AFFAIRS. 

(a) REPORT REQUIRED.—Not later than 540 days after the date 

of the enactment of this Act, the Assistant Secretary for Accountability and Whistleblower Protection shall submit to the Secretary 

of Veterans Affairs, the Committee on Veterans’ Affairs of the 

Senate, and the Committee on Veterans’ Affairs of the House of 

Representatives a report on methods used to investigate employees 

of the Department of Veterans Affairs and whether such methods 

are used to retaliate against whistleblowers. 

(b) CONTENTS.—The report required by subsection (a) shall 

include the following: 

(1) An assessment of the use of administrative investigation 

boards, peer review, searches of medical records, and other 

methods for investigating employees of the Department. 

(2) A determination of whether and to what degree the 

methods described in paragraph (1) are being used to retaliate 

against whistleblowers. 

(3) Recommendations for legislative or administrative 

action to implement safeguards to prevent the retaliation 

described in paragraph (2). 
S. 1094—7 

(c) WHISTLEBLOWER DEFINED.—In this section, the term 

‘‘whistleblower’’ has the meaning given such term in section 323 

of title 38, United States Code, as added by section 101. 

TITLE II—ACCOUNTABILITY OF SENIOR 

EXECUTIVES, SUPERVISORS, AND 

OTHER EMPLOYEES 

SEC. 201. IMPROVED AUTHORITIES OF SECRETARY OF VETERANS 

AFFAIRS TO IMPROVE ACCOUNTABILITY OF SENIOR 

EXECUTIVES. 

(a) IN GENERAL.—Section 713 of title 38, United States Code, 

is amended to read as follows: 

‘‘§ 713. Senior executives: removal, demotion, or suspension 

based on performance or misconduct 

‘‘(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) advance notice of the action and a file containing 

all evidence in support of the proposed action; 

‘‘(B) be represented by an attorney or other representative 

of the covered individual’s choice; 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 aggregate period for notice, response, and decision 

on an action under subsection (a) may not exceed 15 business 

days. 

‘‘(B) The period for the response of a covered individual to 

a notice under paragraph (1)(A) of an action under subsection 

(a) shall be 7 business days. 

‘‘(C) A decision under this paragraph on an action under subsection (a) shall be issued not later than 15 business days after 

notice of the action is provided to the covered individual under 

paragraph (1)(A). The decision shall be in writing, and shall include 

the specific reasons therefor. 

‘‘(3) The Secretary shall ensure that the grievance process established under paragraph (1)(C) takes fewer than 21 days. 

‘‘(4) A decision under paragraph (2) that is not grieved, and 

a grievance decision under paragraph (3), shall be final and conclusive. 

‘‘(5) A covered individual adversely affected by a decision under 

paragraph (2) that is not grieved, or by a grievance decision under 

paragraph (3), may obtain judicial review of such decision. 
S. 1094—8 

‘‘(6) In any case in which judicial review is sought under paragraph (5), 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.—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), section 7401(1), or section 7401(4) 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.’’. 

(b) 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’’. 

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 7 of such title is amended by striking the item 

relating to section 713 and inserting the following new item: 

‘‘713. Senior executives: removal, demotion, or suspension based on performance or 

misconduct.’’. 

SEC. 202. IMPROVED AUTHORITIES OF SECRETARY OF VETERANS 

AFFAIRS TO IMPROVE ACCOUNTABILITY OF EMPLOYEES. 

(a) IN GENERAL.—Subchapter I of chapter 7 of title 38, United 

States Code, is amended by inserting after section 713 the following 

new section: 

‘‘§ 714. Employees: removal, demotion, or suspension based 

on performance or misconduct 

‘‘(a) IN GENERAL.—(1) The Secretary may remove, demote, or 

suspend a covered individual who is an employee of the Department 

if the Secretary determines the performance or misconduct of the 

covered individual warrants such removal, demotion, or suspension. 

‘‘(2) If the Secretary so removes, demotes, or suspends such 

a covered individual, the Secretary may— 

‘‘(A) remove the covered individual from the civil service 

(as defined in section 2101 of title 5); 

‘‘(B) demote the covered individual by means of a reduction 

in grade for which the covered individual is qualified, that 
S. 1094—9 

the Secretary determines is appropriate, and that reduces the 

annual rate of pay of the covered individual; or 

‘‘(C) suspend the covered individual. 

‘‘(b) PAY OF CERTAIN DEMOTED INDIVIDUALS.—(1) Notwithstanding any other provision of law, any covered individual subject 

to a demotion under subsection (a)(2) shall, beginning on the date 

of such demotion, receive the annual rate of pay applicable to 

such grade. 

‘‘(2)(A) A covered individual so demoted may not be placed 

on administrative leave during the period during which an appeal 

(if any) under this section is ongoing, and may only receive pay 

if the covered individual reports for duty or is approved to use 

accrued unused annual, sick, family medical, military, or court 

leave. 

‘‘(B) If a covered individual so demoted does not report for 

duty or receive approval to use accrued unused leave, such covered 

individual shall not receive pay or other benefits pursuant to subsection (d)(5). 

‘‘(c) PROCEDURE.—(1)(A) The aggregate period for notice, 

response, and final decision in a removal, demotion, or suspension 

under this section may not exceed 15 business days. 

‘‘(B) The period for the response of a covered individual to 

a notice of a proposed removal, demotion, or suspension under 

this section shall be 7 business days. 

‘‘(C) Paragraph (3) of subsection (b) of section 7513 of title 

5 shall apply with respect to a removal, demotion, or suspension 

under this section. 

‘‘(D) The procedures in this subsection shall supersede any 

collective bargaining agreement to the extent that such agreement 

is inconsistent with such procedures. 

‘‘(2) The Secretary shall issue a final decision with respect 

to a removal, demotion, or suspension under this section not later 

than 15 business days after the Secretary provides notice, including 

a file containing all the evidence in support of the proposed action, 

to the covered individual of the removal, demotion, or suspension. 

The decision shall be in writing and shall include the specific 

reasons therefor. 

‘‘(3) The procedures under chapter 43 of title 5 shall not apply 

to a removal, demotion, or suspension under this section. 

‘‘(4)(A) Subject to subparagraph (B) and subsection (d), any 

removal or demotion under this section, and any suspension of 

more than 14 days under this section, may be appealed to the 

Merit Systems Protection Board, which shall refer such appeal 

to an administrative judge pursuant to section 7701(b)(1) of title 

5. 

‘‘(B) An appeal under subparagraph (A) of a removal, demotion, 

or suspension may only be made if such appeal is made not later 

than 10 business days after the date of such removal, demotion, 

or suspension. 

‘‘(d) EXPEDITED REVIEW.—(1) Upon receipt of an appeal under 

subsection (c)(4)(A), the administrative judge shall expedite any 

such appeal under section 7701(b)(1) of title 5 and, in any such 

case, shall issue a final and complete decision not later than 180 

days after the date of the appeal. 

‘‘(2)(A) Notwithstanding section 7701(c)(1)(B) of title 5, the 

administrative judge shall uphold the decision of the Secretary 
S. 1094—10 

to remove, demote, or suspend an employee under subsection (a) 

if the decision is supported by substantial evidence. 

‘‘(B) Notwithstanding title 5 or any other provision of law, 

if the decision of the Secretary is supported by substantial evidence, 

the administrative judge shall not mitigate the penalty prescribed 

by the Secretary. 

‘‘(3)(A) The decision of the administrative judge under paragraph (1) may be appealed to the Merit Systems Protection Board. 

‘‘(B) Notwithstanding section 7701(c)(1)(B) of title 5, the Merit 

Systems Protection Board shall uphold the decision of the Secretary 

to remove, demote, or suspend an employee under subsection (a) 

if the decision is supported by substantial evidence. 

‘‘(C) Notwithstanding title 5 or any other provision of law, 

if the decision of the Secretary is supported by substantial evidence, 

the Merit Systems Protection Board shall not mitigate the penalty 

prescribed by the Secretary. 

‘‘(4) In any case in which the administrative judge cannot 

issue a decision in accordance with the 180-day requirement under 

paragraph (1), the Merit Systems Protection Board shall, not later 

than 14 business days after the expiration of the 180-day period, 

submit to the Committee on Veterans’ Affairs of the Senate and 

the Committee on Veterans’ Affairs of the House of Representatives 

a report that explains the reasons why a decision was not issued 

in accordance with such requirement. 

‘‘(5)(A) A decision of the Merit Systems Protection Board under 

paragraph (3) may be appealed to the United States Court of 

Appeals for the Federal Circuit pursuant to section 7703 of title 

5 or to any court of appeals of competent jurisdiction pursuant 

to subsection (b)(1)(B) of such section. 

‘‘(B) Any decision by such Court shall be in compliance with 

section 7462(f)(2) of this title. 

‘‘(6) The Merit Systems Protection Board may not stay any 

removal or demotion under this section, except as provided in 

section 1214(b) of title 5. 

‘‘(7) During the period beginning on the date on which a covered 

individual appeals a removal from the civil service under subsection 

(c) and ending on the date that the United States Court of Appeals 

for the Federal Circuit 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 related to the employment of the individual by the Department. 

‘‘(8) 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 

this subsection is expedited. 

‘‘(9) If an employee prevails on appeal under this section, the 

employee shall be entitled to backpay (as provided in section 5596 

of title 5). 

‘‘(10) If an employee who is subject to a collective bargaining 

agreement chooses to grieve an action taken under this section 

through a grievance procedure provided under the collective bargaining agreement, the timelines and procedures set forth in subsection (c) and this subsection shall apply. 

‘‘(e) WHISTLEBLOWER PROTECTION.—(1) In the case of a covered 

individual seeking corrective action (or on behalf of whom corrective 

action is sought) from the Office of Special Counsel based on an 
S. 1094—11 

alleged prohibited personnel practice described in section 2302(b) 

of title 5, the Secretary may not remove, demote, or suspend such 

covered individual under subsection (a) without the approval of 

the Special Counsel under section 1214(f) of title 5. 

‘‘(2) In the case of a covered individual who has made a whistleblower disclosure to the Assistant Secretary for Accountability and 

Whistleblower Protection, the Secretary may not remove, demote, 

or suspend such covered individual under subsection (a) until— 

‘‘(A) in the case in which the Assistant Secretary determines to refer the whistleblower disclosure under section 

323(c)(1)(D) of this title to an office or other investigative entity, 

a final decision with respect to the whistleblower disclosure 

has been made by such office or other investigative entity; 

or 

‘‘(B) in the case in which the Assistant Secretary determines not to the refer the whistleblower disclosure under such 

section, the Assistant Secretary makes such determination. 

‘‘(f) TERMINATION OF INVESTIGATIONS BY OFFICE OF SPECIAL

COUNSEL.—(1) Notwithstanding any other provision of law, the 

Special Counsel (established by section 1211 of title 5) may terminate an investigation of a prohibited personnel practice alleged 

by an employee or former employee of the Department after the 

Special Counsel provides to the employee or former employee a 

written statement of the reasons for the termination of the investigation. 

‘‘(2) Such statement may not be admissible as evidence in 

any judicial or administrative proceeding without the consent of 

such employee or former employee. 

‘‘(g) VACANCIES.—In the case of a covered individual who is 

removed or demoted under subsection (a), to the maximum extent 

feasible, the Secretary shall fill the vacancy arising as a result 

of such removal or demotion. 

‘‘(h) 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 occupying a senior executive position 

(as defined in section 713(d) of this title); 

‘‘(B) an individual appointed pursuant to sections 7306, 

7401(1), 7401(4), or 7405 of this title; 

‘‘(C) an individual who has not completed a probationary or trial period; or 

‘‘(D) a political appointee. 

‘‘(2) The term ‘suspend’ means the placing of an employee, 

for disciplinary reasons, in a temporary status without duties 

and pay for a period in excess of 14 days. 

‘‘(3) The term ‘grade’ has the meaning given such term 

in section 7511(a) of title 5. 

‘‘(4) 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. 

‘‘(5) 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 
S. 1094—12 

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 policydetermining character under schedule C of subpart C of 

part 213 of title 5, Code of Federal Regulations, or successor 

regulation. 

‘‘(6) The term ‘whistleblower disclosure’ has the meaning 

given such term in section 323(g) of this title.’’. 

(b) CLERICAL AND CONFORMING AMENDMENTS.— (1) CLERICAL.—The table of sections at the beginning of 

chapter 7 of such title is amended by inserting after the item 

relating to section 713 the following new item: 

‘‘714. Employees: removal, demotion, or suspension based on performance or misconduct.’’. 

(2) CONFORMING.—Section 4303(f) of title 5, United States 

Code, is amended— 

(A) in paragraph (2), by striking ‘‘or’’ at the end; 

(B) in paragraph (3), by striking the period at the 

end and inserting ‘‘, or’’; and 

(C) by adding at the end the following: 

‘‘(4) any removal or demotion under section 714 of title 

38.’’. 

SEC. 203. REDUCTION OF BENEFITS FOR DEPARTMENT OF VETERANS 

AFFAIRS EMPLOYEES CONVICTED OF CERTAIN CRIMES. 

(a) REDUCTION OF BENEFITS.— (1) IN GENERAL.—Subchapter I of chapter 7 of title 38, 

United States Code, is amended by adding at the end the 

following new section: 

‘‘§ 719. Reduction of benefits of employees convicted of certain crimes 

‘‘(a) REDUCTION OF ANNUITY FOR REMOVED EMPLOYEE.—(1) The 

Secretary shall order that the covered service of an employee of 

the Department removed from a position for performance or misconduct under section 713, 714, or 7461 of this title or any other 

provision of law shall not be taken into account for purposes of 

calculating an annuity with respect to such individual under chapter 

83 or chapter 84 of title 5, if— 

‘‘(A) the Secretary determines that the individual is convicted of a felony (and the conviction is final) that influenced 

the individual’s performance while employed in the position; 

and 

‘‘(B) before such order is made, the individual is afforded— 

‘‘(i) notice of the proposed order; and 

‘‘(ii) an opportunity to respond to the proposed order 

by not later than ten business days following receipt of 

such notice; and 

‘‘(C) the Secretary issues the order— 

‘‘(i) in the case of a proposed order to which an individual responds under subparagraph (B)(ii), not later than 

five business days after receiving the response of the individual; or 

‘‘(ii) in the case of a proposed order to which an individual does not respond, not later than 15 business days 

after the Secretary provides notice to the individual under 

subparagraph (B)(i). 
S. 1094—13 

‘‘(2) Any individual with respect to whom an annuity is reduced 

under this subsection may appeal the reduction to the Director 

of the Office of Personnel Management pursuant to such regulations 

as the Director may prescribe for purposes of this subsection. 

‘‘(b) REDUCTION OF ANNUITY FOR RETIRED EMPLOYEE.—(1) The 

Secretary may order that the covered service of an individual who 

the Secretary proposes to remove for performance or misconduct 

under section 713, 714, or 7461 of this title or any other provision 

of law but who leaves employment at the Department prior to 

the issuance of a final decision with respect to such action shall 

not be taken into account for purposes of calculating an annuity 

with respect to such individual under chapter 83 or chapter 84 

of title 5, if— 

‘‘(A) the Secretary determines that individual is convicted 

of a felony (and the conviction is final) that influenced the 

individual’s performance while employed in the position; and 

‘‘(B) before such order is made, the individual is afforded— 

‘‘(i) notice of the proposed order; 

‘‘(ii) opportunity to respond to the proposed order by 

not later than ten business days following receipt of such 

notice; and 

‘‘(C) the Secretary issues the order— 

‘‘(i) in the case of a proposed order to which an individual responds under subparagraph (B)(ii), not later than 

five business days after receiving the response of the individual; or 

‘‘(ii) in the case of a proposed order to which an individual does not respond, not later than 15 business days 

after the Secretary provides notice to the individual under 

subparagraph (B)(i). 

‘‘(2) Upon the issuance of an order by the Secretary under 

paragraph (1), the individual shall have an opportunity to appeal 

the order to the Director of the Office of Personnel Management 

before the date that is seven business days after the date of such 

issuance. 

‘‘(3) The Director of the Office of Personnel Management shall 

make a final decision with respect to an appeal under paragraph 

(2) within 30 business days of receiving the appeal. 

‘‘(c) ADMINISTRATIVE REQUIREMENTS.—Not later than 37 business days after the Secretary issues a final order under subsection 

(a) or (b) with respect to an individual, the Director of the Office 

of Personnel Management shall recalculate the annuity of the individual. 

‘‘(d) LUMP-SUM ANNUITY CREDIT.—Any individual with respect 

to whom an annuity is reduced under subsection (a) or (b) shall 

be entitled to be paid so much of such individual’s lump-sum credit 

as is attributable to the period of covered service. 

‘‘(e) SPOUSE OR CHILDREN EXCEPTION.—(1) The Secretary, in 

consultation with the Director of the Office of Personnel Management, shall prescribe regulations that may provide for the payment 

to the spouse or children of any individual referred to in subsection 

(a) or (b) of any amounts which (but for this subsection) would 

otherwise have been nonpayable by reason of such subsections. 

‘‘(2) Regulations prescribed under paragraph (1) shall be consistent with the requirements of section 8332(o)(5) and 8411(l)(5) 

of title 5, as the case may be. 

‘‘(f) DEFINITIONS.—In this section: 
S. 1094—14 

‘‘(1) The term ‘covered service’ means, with respect to an 

individual subject to a removal for performance or misconduct 

under section 719 or 7461 of this title or any other provision 

of law, the period of service beginning on the date that the 

Secretary determines under such applicable provision that the 

individual engaged in activity that gave rise to such action 

and ending on the date that the individual is removed from 

or leaves a position of employment at the Department prior 

to the issuance of a final decision with respect to such action. 

‘‘(2) The term ‘lump-sum credit’ has the meaning given 

such term in section 8331(8) or section 8401(19) of title 5, 

as the case may be. 

‘‘(3) The term ‘service’ has the meaning given such term 

in section 8331(12) or section 8401(26) of title 5, as the case 

may be.’’. 

(2) 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 717 the following new item: 

‘‘719. Reduction of benefits of employees convicted of certain crimes.’’. 

(b) APPLICATION.—Section 719 of title 38, United States Code, 

as added by subsection (a)(1), shall apply to any action of removal 

of an employee of the Department of Veterans Affairs under section 

719 or 7461 of such title or any other provision of law, commencing 

on or after the date of the enactment of this Act. 

SEC. 204. AUTHORITY TO RECOUP BONUSES OR AWARDS PAID TO 

EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS. 

(a) IN GENERAL.—Subchapter I of chapter 7 of title 38, United 

States Code, as amended by section 203, is further amended by 

adding at the end the following new section: 

‘‘§ 721. Recoupment of bonuses or awards paid to employees 

of Department 

‘‘(a) IN GENERAL.—Notwithstanding any other provision of law, 

the Secretary may issue an order directing an employee of the 

Department to repay the amount, or a portion of the amount, 

of any award or bonus paid to the employee under title 5, including 

under chapters 45 or 53 of such title, or this title if— 

‘‘(1) the Secretary determines that the individual engaged 

in misconduct or poor performance prior to payment of the 

award or bonus, and that such award or bonus would not 

have been paid, in whole or in part, had the misconduct or 

poor performance been known prior to payment; and 

‘‘(2) before such repayment, the employee is afforded— 

‘‘(A) notice of the proposed order; and 

‘‘(B) an opportunity to respond to the proposed order 

by not later than 10 business days after the receipt of 

such notice; and 

‘‘(3) the Secretary issues the order— 

‘‘(A) in the case of a proposed order to which an individual responds under paragraph (2)(B), not later than 

five business days after receiving the response of the individual; or 

‘‘(B) in the case of a proposed order to which an individual does not respond, not later than 15 business days 
S. 1094—15 

after the Secretary provides notice to the individual under 

paragraph (2)(A). 

‘‘(b) APPEAL OF ORDER OF SECRETARY.—(1) Upon the issuance 

of an order by the Secretary under subsection (a) with respect 

to an individual, the individual shall have an opportunity to appeal 

the order to the Director of the Office of Personnel Management 

before the date that is seven business days after the date of such 

issuance. 

‘‘(2) The Director shall make a final decision with respect to 

an appeal under paragraph (1) within 30 business days after 

receiving such appeal.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter, as amended by section 203(a)(2), is further 

amended by inserting after the item relating to section 719 the 

following new item: 

‘‘721. Recoupment of bonuses or awards paid to employees of Department.’’. 

(c) EFFECTIVE DATE.—Section 721 of title 38, United States 

Code, as added by subsection (a), shall apply with respect to an 

award or bonus paid by the Secretary of Veterans Affairs to an 

employee of the Department of Veterans Affairs on or after the 

date of the enactment of this Act. 

(d) CONSTRUCTION.—Nothing in this Act or the amendments 

made by this Act may be construed to modify the certification 

issued by the Office of Personnel Management and the Office of 

Management and Budget regarding the performance appraisal 

system of the Senior Executive Service of the Department of Veterans Affairs. 

SEC. 205. AUTHORITY TO RECOUP RELOCATION EXPENSES PAID TO 

OR ON BEHALF OF EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS. 

(a) IN GENERAL.—Subchapter I of chapter 7 of title 38, United 

States Code, as amended by section 204, is further amended by 

adding at the end the following new section: 

‘‘§ 723. Recoupment of relocation expenses paid on behalf 

of employees of Department 

‘‘(a) IN GENERAL.—Notwithstanding any other provision of law, 

the Secretary may issue an order directing an employee of the 

Department to repay the amount, or a portion of the amount, 

paid to or on behalf of the employee under title 5 for relocation 

expenses, including any expenses under section 5724 or 5724a 

of such title, or this title if— 

‘‘(1) the Secretary determines that relocation expenses were 

paid following an act of fraud or malfeasance that influenced 

the authorization of the relocation expenses; 

‘‘(2) before such repayment, the employee is afforded— 

‘‘(A) notice of the proposed order; and 

‘‘(B) an opportunity to respond to the proposed order 

not later than ten business days following the receipt of 

such notice; and 

‘‘(3) the Secretary issues the order— 

‘‘(A) in the case of a proposed order to which an individual responds under paragraph (2)(B), not later than 

five business days after receiving the response of the individual; or 
S. 1094—16 

‘‘(B) in the case of a proposed order to which an individual does not respond, not later than 15 business days 

after the Secretary provides notice to the individual under 

paragraph (2)(A). 

‘‘(b) APPEAL OF ORDER OF SECRETARY.—(1) Upon the issuance 

of an order by the Secretary under subsection (a) with respect 

to an individual, the individual shall have an opportunity to appeal 

the order to the Director of the Office of Personnel Management 

before the date that is seven business days after the date of such 

issuance. 

‘‘(2) The Director shall make a final decision with respect to 

an appeal under paragraph (1) within 30 days after receiving such 

appeal.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is further amended by inserting after the 

item relating to section 721, as added by section 204(b), the following new item: 

‘‘723. Recoupment of relocation expenses paid on behalf of employees of Department.’’. 

(c) EFFECTIVE DATE.—Section 723 of title 38, United States 

Code, as added by subsection (a), shall apply with respect to an 

amount paid by the Secretary of Veterans Affairs to or on behalf 

of an employee of the Department of Veterans Affairs for relocation 

expenses on or after the date of the enactment of this Act. 

SEC. 206. TIME PERIOD FOR RESPONSE TO NOTICE OF ADVERSE 

ACTIONS AGAINST SUPERVISORY EMPLOYEES WHO 

COMMIT PROHIBITED PERSONNEL ACTIONS. 

Section 731(a)(2)(B) of title 38, United States Code, as redesignated by section 102(a)(2), is amended— 

(1) in clause (i), by striking ‘‘14 days’’ and inserting ‘‘10 

days’’; and 

(2) in clause (ii), by striking ‘‘14-day period’’ and inserting 

‘‘10-day period’’. 

SEC. 207. DIRECT HIRING AUTHORITY FOR MEDICAL CENTER DIRECTORS AND VISN DIRECTORS. 

(a) IN GENERAL.—Section 7401 of title 38, United States Code, 

is amended by adding at the end the following new paragraph: 

‘‘(4) Directors of medical centers and directors of Veterans 

Integrated Service Networks with demonstrated ability in the 

medical profession, in health care administration, or in health 

care fiscal management.’’. 

(b) CONFORMING AMENDMENTS.—Section 7404(a)(1) of such title 

is amended— 

(1) by inserting ‘‘(A)’’ before ‘‘The annual’’; and 

(2) in subparagraph (A), as designated by paragraph (1)— 

(A) by inserting ‘‘and 7401(4)’’ after ‘‘7306’’; and 

(B) by adding at the end the following new subparagraph: 

‘‘(B) Section 5377 of title 5 shall apply to a position under 

section 7401(4) of this title as if such position were included in 

the definition of ‘position’ in section 5377(a) of title 5.’’. 
S. 1094—17 

SEC. 208. TIME PERIODS FOR REVIEW OF ADVERSE ACTIONS WITH 

RESPECT TO CERTAIN EMPLOYEES. 

(a) PHYSICIANS, DENTISTS, PODIATRISTS, CHIROPRACTORS, OPTOMETRISTS, REGISTERED NURSES, PHYSICIAN ASSISTANTS, AND

EXPANDED-FUNCTION DENTAL AUXILIARIES.—Paragraph (2) of section 7461(b) of title 38, United States Code, is amended to read 

as follows: 

‘‘(2) In any case other than a case described in paragraph 

(1) that involves or includes a question of professional conduct 

or competence in which a major adverse action was not taken, 

such an appeal shall be made through Department grievance procedures under section 7463 of this title.’’. 

(b) MAJOR ADVERSE ACTIONS INVOLVING PROFESSIONAL CON- DUCT OR COMPETENCE.—Section 7462(b) of such title is amended— 

(1) in paragraph (1)— 

(A) in the matter preceding subparagraph (A), by 

inserting ‘‘, within the aggregate time period specified in 

paragraph (5)(A),’’ after ‘‘is entitled’’; 

(B) in subparagraph (A)— 

(i) by striking ‘‘At least 30 days advance written 

notice’’ and inserting ‘‘Advance written notice’’; 

(ii) by striking ‘‘and a statement’’ and inserting 

‘‘a statement’’; and 

(iii) by inserting ‘‘and a file containing all the 

evidence in support of each charge,’’ after ‘‘with respect 

to each charge,’’; and 

(C) in subparagraph (B), by striking ‘‘A reasonable 

time, but not less than seven days’’ and inserting ‘‘The 

opportunity, within the time period provided for in paragraph (4)(A)’’; 

(2) by striking paragraph (3) and inserting the following 

new paragraph (3): 

‘‘(3) After considering the employee’s answer, if any, and within 

the time period provided for in paragraph (5)(B), the deciding official 

shall render a decision on the charges. The decision shall be in 

writing and shall include the specific reasons therefor.’’; 

(3) in paragraph (4)— 

(A) by striking subparagraph (A) and inserting the 

following new subparagraph (A): 

‘‘(A) The period for the response of an employee under paragraph (1)(B) to advance written under paragraph (1)(A) shall be 

seven business days.’’; and 

(B) in subparagraph (B), by striking ‘‘30 days’’ and 

inserting ‘‘seven business days’’; and 

(4) by adding at the end the following new paragraphs: 

‘‘(5)(A) The aggregate period for the resolution of charges 

against an employee under this subsection may not exceed 15 

business days. 

‘‘(B) The deciding official shall render a decision under paragraph (3) on charges under this subsection not later than 15 business days after the Under Secretary provides notice on the charges 

for purposes of paragraph (1)(A). 

‘‘(6) The procedures in this subsection shall supersede any 

collective bargaining agreement to the extent that such agreement 

is inconsistent with such procedures.’’. 

(c) OTHER ADVERSE ACTIONS.—Section 7463(c) of such title 

is amended— 
S. 1094—18 

(1) in paragraph (1), by striking ‘‘the same notice and 

opportunity to answer with respect to those charges as provided 

in subparagraphs (A) and (B) of section 7462(b)(1) of this title’’ 

and inserting ‘‘notice and an opportunity to answer with respect 

to those charges in accordance with subparagraphs (A) and 

(B) of section 7462(b)(1) of this title, but within the time periods 

specified in paragraph (3)’’; 

(2) in paragraph (2)— 

(A) in the matter preceding subparagraph (A), by 

inserting ‘‘, within the aggregate time period specified in 

paragraph (3)(A),’’ after ‘‘is entitled’’; 

(B) in subparagraph (A), by striking ‘‘an advance written notice’’ and inserting ‘‘written notice’’; and 

(C) in subparagraph (B), by striking ‘‘a reasonable 

time’’ and inserting ‘‘time to answer’’; and 

(3) by adding at the end the following new paragraph 

(3): 

‘‘(3)(A) The aggregate period for the resolution of charges 

against an employee under paragraph (1) or (2) may not exceed 

15 business days. 

‘‘(B) The period for the response of an employee under paragraph (1) or (2)(B) to written notice of charges under paragraph 

(1) or (2)(A), as applicable, shall be seven business days. 

‘‘(C) The deciding official shall render a decision on charges 

under paragraph (1) or (2) not later than 15 business days after 

notice is provided on the charges for purposes of paragraph (1) 

or (2)(A), as applicable.’’. 

SEC. 209. 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. 

SEC. 210. ASSESSMENT AND REPORT ON EFFECT ON SENIOR EXECUTIVES AT DEPARTMENT OF VETERANS AFFAIRS. 

(a) IN GENERAL.—Not later than two years after the date of 

the enactment of this Act, the Secretary of Veterans Affairs shall— 

(1) measure and assess the effect of the enactment of 

this title on the morale, engagement, hiring, promotion, retention, discipline, and productivity of individuals in senior executive positions at the Department of Veterans Affairs; and 
S. 1094—19 

(2) submit to the Committee on Veterans’ Affairs of the 

Senate and the Committee on Veterans’ Affairs of the House 

of Representatives a report on the findings of the Secretary 

with respect to the measurement and assessment carried out 

under paragraph (1). 

(b) ELEMENTS.—The assessment required by subsection (a)(1) 

shall include the following: 

(1) With respect to engagement, trends in morale of individuals in senior executive positions and individuals aspiring to 

senior executive positions. 

(2) With respect to promotions— 

(A) whether the Department is experiencing an 

increase or decrease in the number of employees participating in leadership development and candidate development programs with the intention of becoming candidates 

for senior executive positions; and 

(B) trends in applications to senior executive positions 

within the Department. 

(3) With respect to retention— 

(A) trends in retirement rates of individuals in senior 

executive positions at the Department; 

(B) trends in quit rates of individuals in senior executive positions at the Department; 

(C) rates of transfer of— 

(i) individuals from other Federal agencies into 

senior executive positions at the Department; and 

(ii) individuals from senior executive positions at 

the Department to other Federal agencies; and 

(D) trends in total loss rates by job function. 

(4) With respect to disciplinary processes— 

(A) regarding individuals in senior executive positions 

at the Department who are the subject of disciplinary 

action— 

(i) the length of the disciplinary process in days 

for such individuals both before the date of the enactment of this Act and under the provisions of this 

Act described in subsection (a)(1); and 

(ii) the extent to which appeals by such individuals 

are upheld under such provisions as compared to before 

the date of the enactment of this Act; 

(B) the components or offices of the Department which 

experience the greatest number of proposed adverse actions 

against individuals in senior executive positions and components and offices which experience the least relative to 

the size of the components or offices’ total number of senior 

executive positions; 

(C) the tenure of individuals in senior executive positions who are the subject of disciplinary action; 

(D) whether the individuals in senior executive positions who are the subject of disciplinary action have previously been disciplined; and 

(E) the number of instances of disciplinary action taken 

by the Secretary against individuals in senior executive 

positions at the Department as compared to governmentwide discipline against individuals in Senior Executive 

Service positions (as defined in section 3132(a) of title 

5, United States Code) as a percentage of the total number 
S. 1094—20 

of individuals in senior executive positions at the Department and Senior Executive Service positions (as so defined). 

(5) With respect to hiring— 

(A) the degree to which the skills of newly hired 

individuals in senior executive positions at the Department 

are appropriate with respect to the needs of the Department; 

(B) the types of senior executive positions at the 

Department most commonly filled under the authorities 

in the provisions described in subsection (a)(1); 

(C) the number of senior executive positions at the 

Department filled by hires outside of the Department compared to hires from within the Department; 

(D) the length of time to fill a senior executive position 

at the Department and for a new hire to begin working 

in a new senior executive position; 

(E) the mission-critical deficiencies filled by newly 

hired individuals in senior executive positions and the 

connection between mission-critical deficiencies filled under 

the provisions described in subsection (a) and annual 

performance of the Department; 

(F) the satisfaction of applicants for senior executive 

positions at the Department with the hiring process, 

including the clarity of job announcements, reasons for 

withdrawal of applications, communication regarding 

status of applications, and timeliness of hiring decision; 

and 

(G) the satisfaction of newly hired individuals in senior 

executive positions at the Department with the hiring 

process and the process of joining and becoming oriented 

with the Department. 

(c) SENIOR EXECUTIVE POSITION DEFINED.—In this section, the 

term ‘‘senior executive position’’ has the meaning given such term 

in section 713 of title 38, United States Code. 

SEC. 211. MEASUREMENT OF DEPARTMENT OF VETERANS AFFAIRS 

DISCIPLINARY PROCESS OUTCOMES AND EFFECTIVENESS. 

(a) MEASURING AND COLLECTING.— 

(1) IN GENERAL.—The Secretary of Veterans Affairs shall 

measure and collect information on the outcomes of disciplinary 

actions carried out by the Department of Veterans Affairs 

during the three-year period ending on the date of the enactment of this Act and the effectiveness of such actions. 

(2) ELEMENTS.—In measuring and collecting pursuant to 

paragraph (1), the Secretary shall measure and collect information regarding the following: 

(A) The average time from the initiation of an adverse 

action against an employee at the Department to the final 

resolution of that action. 

(B) The number of distinct steps and levels of review 

within the Department involved in the disciplinary process 

and the average length of time required to complete these 

steps. 

(C) The rate of use of alternate disciplinary procedures 

compared to traditional disciplinary procedures and the 

frequency with which employees who are subject to alternative disciplinary procedures commit additional offenses. 
S. 1094—21 

(D) The number of appeals from adverse actions filed 

against employees of the Department, the number of 

appeals upheld, and the reasons for which the appeals 

were upheld. 

(E) The use of paid administrative leave during the 

disciplinary process and the length of such leave. 

(b) REPORT.— (1) IN GENERAL.—Not later than December 31, 2017, the 

Secretary shall submit to the appropriate committees of Congress a report on the disciplinary procedures and actions of 

the Department. 

(2) CONTENTS.—The report submitted under paragraph (1) 

shall include the following: 

(A) The information collected under subsection (a). 

(B) The findings of the Secretary with respect to the 

measurement and collection carried out under subsection 

(a). 

(C) An analysis of the disciplinary procedures and 

actions of the Department. 

(D) Suggestions for improving the disciplinary procedures and actions of the Department. 

(E) Such other matters as the Secretary considers 

appropriate. 

(3) APPROPRIATE COMMITTEES OF CONGRESS.—In this subsection, the term ‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Appropriations and the Committee on Veterans’ Affairs of the Senate; and 

(B) the Committee on Appropriations and the Committee on Veterans’ Affairs of the House of Representatives. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.