I 

114TH CONGRESS 

1ST SESSION H. R. 2999 

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

Secretary of Veterans Affairs to suspend and remove employees of the 

Department of Veterans Affairs for performance or misconduct that 

is a threat to public health or safety. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 9, 2015 

Mr. TAKANO introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to improve the 

authority of the Secretary of Veterans Affairs to suspend 

and remove employees of the Department of Veterans 

Affairs for performance or misconduct that is a threat 

to public health or safety. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair VA Accountability 

5 Act’’. 

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1 SEC. 2. SUSPENSION AND REMOVAL OF DEPARTMENT OF 

2 VETERANS AFFAIRS EMPLOYEES FOR PER3 FORMANCE OR MISCONDUCT THAT IS A 

4 THREAT TO PUBLIC HEALTH OR SAFETY. 

5 (a) IN GENERAL.—Chapter 7 of title 38, United 

6 States Code, is amended by adding after section 713 the 

7 following new section: 

8 ‘‘§ 715. Employees: suspension and removal for per9 formance or misconduct that is a threat 

10 to public health or safety 

11 ‘‘(a) SUSPENSION AND REMOVAL.—Subject to sub12 sections (b) and (c), the Secretary may— 

13 ‘‘(1) suspend without pay an employee of the 

14 Department of Veterans Affairs if the Secretary de15 termines the performance or misconduct of the em16 ployee is a clear and direct threat to public health 

17 or safety; and 

18 ‘‘(2) remove an employee suspended under 

19 paragraph (1) when, after such investigation and re20 view as the Secretary considers necessary, the Sec21 retary determines that removal is necessary in the 

22 interests of public health or safety. 

23 ‘‘(b) PROCEDURE.—An employee suspended under 

24 subsection (a)(1) is entitled, after suspension and before 

25 removal, to— 

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1 ‘‘(1) within 30 days after suspension, a written 

2 statement of the specific charges against the em3 ployee, which may be amended within 30 days there4 after; 

5 ‘‘(2) an opportunity within 30 days thereafter, 

6 plus an additional 30 days if the charges are amend7 ed, to answer the charges and submit affidavits; 

8 ‘‘(3) a hearing, at the request of the employee, 

9 by a Department authority duly constituted for this 

10 purpose; 

11 ‘‘(4) a review of the case by the Secretary, be12 fore a decision adverse to the employee is made 

13 final; and 

14 ‘‘(5) written statement of the decision of the 

15 Secretary. 

16 ‘‘(c) RELATION TO OTHER DISCIPLINARY RULES.— 

17 The authority provided under this section shall be in addi18 tion to the authority provided under section 713 and title 

19 5 with respect to disciplinary actions for performance or 

20 misconduct. 

21 ‘‘(d) BACK PAY FOR WHISTLEBLOWERS.—If any em22 ployee of the Department of Veterans Affairs is subject 

23 to a suspension or removal under this section and such 

24 suspension or removal is determined by an appropriate au25 thority under applicable law, rule, regulation, or collective 

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1 bargaining agreement to be a prohibited personnel prac2 tice described under section 2302(b)(8) or (9) of title 5, 

3 such employee shall receive back pay equal to the total 

4 amount of basic pay that such employee would have re5 ceived during the period that the suspension and removal 

6 (as the case may be) was in effect, less any amounts 

7 earned by the employee through other employment during 

8 that period. 

9 ‘‘(e) DEFINITIONS.—In this section, the term ‘em10 ployee’ means any individual occupying a position within 

11 the Department of Veterans Affairs under a permanent 

12 or indefinite appointment and who is not serving a proba13 tionary or trial period.’’. 

14 (b) CLERICAL AND CONFORMING AMENDMENTS.— 

15 (1) CLERICAL.—The table of sections at the be16 ginning of such chapter is amended by adding after 

17 the item relating to section 713 the following new 

18 item: 

‘‘715. Employees: suspension and removal for performance or misconduct that 

is a threat to public health or safety.’’. 

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

20 United States Code, is amended— 

21 (A) by striking ‘‘or’’ at the end of para22 graph (2); 

23 (B) by striking the period at the end of 

24 paragraph (3) and inserting ‘‘, or’’; and 

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1 (C) by adding at the end the following: 

2 ‘‘(4) any suspension or removal under section 

3 715 of title 38.’’. 

4 (c) REPORT ON SUSPENSIONS AND REMOVALS.—Not 

5 later than one year after the date of the enactment of this 

6 Act, the Inspector General of the Department of Veterans 

7 Affairs shall submit to the Committees on Veterans’ Af8 fairs of the House of Representatives and the Senate a 

9 report on suspensions and removals of employees of the 

10 Department made under section 715 of title 38, United 

11 States Code, as added by subsection (a). Such report shall 

12 include, with respect to the period covered by the report, 

13 the following: 

14 (1) The number of employees who were sus15 pended under such section. 

16 (2) The number of employees who were re17 moved under such section. 

18 (3) A description of the threats to public health 

19 or safety that caused such suspensions and remov20 als. 

21 (4) The number of such suspensions or remov22 als, or proposed suspensions or removals, that were 

23 of employees who filed a complaint regarding— 

24 (A) an alleged prohibited personnel prac25 tice committed by an officer or employee of the 

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1 Department and described in section 

2 2302(b)(8) or 2302(b)(9)(A)(i), (B), (C), or 

3 (D) of title 5, United States Code; or 

4 (B) the safety of a patient at a medical fa5 cility of the Department. 

6 (5) Of the number of suspensions and removals 

7 listed under paragraph (4), the number that the In8 spector General considers to be retaliation for whis9 tleblowing. 

10 (6) The number of such suspensions or remov11 als that were of an employee who was the subject of 

12 a complaint made to the Department regarding the 

13 health or safety of a patient at a medical facility of 

14 the Department. 

15 (7) Any recommendations by the Inspector 

16 General, based on the information described in para17 graphs (1) through (6), to improve the authority to 

18 make such suspensions and removals. 

19 SEC. 3. PROHIBITION ON CERTAIN FORMER EMPLOYEE’S 

20 ACCEPTANCE OF COMPENSATION FROM CON21 TRACTOR. 

22 (a) IN GENERAL.—Chapter 7 of title 38, United 

23 States Code, is further amended by adding after section 

24 715, as added by section 2, the following new section: 

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1 ‘‘§ 717. Prohibition on certain former employee’s ac2 ceptance of compensation from contrac3 tors of the Department 

4 ‘‘(a) IN GENERAL.—An individual who was formerly 

5 employed in a senior executive position at the Department 

6 may not accept compensation from a covered contractor 

7 as an employee, officer, director, or consultant of the cov8 ered contractor during the one-year period beginning on 

9 the date on which the individual was last employed in a 

10 senior executive position at the Department. 

11 ‘‘(b) DEFINITIONS.—In this section: 

12 ‘‘(1) The term ‘covered contractor’ means a 

13 contractor carrying out a contract entered into with 

14 the Department, including pursuant to a sub15 contract. 

16 ‘‘(2) The term ‘senior executive position’ has 

17 the meaning given such term in section 713(g) of 

18 this title.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of such chapter is further amended by 

21 adding at the end the following new item: 

‘‘717. Prohibition on certain former employee’s acceptance of compensation from 

contractors of the Department.’’. 

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1 SEC. 4. LIMITATION ON CONTRACTING WITH ENTITIES EM2 PLOYING CERTAIN RECENTLY SEPARATED 

3 DEPARTMENT EMPLOYEES. 

4 (a) IN GENERAL.—Subchapter II of chapter 81 of 

5 title 38, United States Code, is amended by adding at the 

6 end the following new section: 

7 ‘‘§ 8129. Limitation on contracting with entities em8 ploying certain recently separated De9 partment employees 

10 ‘‘(a) IN GENERAL.—The Secretary may not enter 

11 into a contract with any entity if the entity employs an 

12 individual who is prohibited from accepting compensation 

13 from a contractor under section 717 of this title. 

14 ‘‘(b) CERTIFICATION.—Before entering into a con15 tract with any entity, the Secretary shall require the entity 

16 to submit to the Secretary certification that the entity 

17 does not employ, and will not employ during the period 

18 covered by the contract, any individual who is prohibited 

19 from accepting compensation from a contractor under sec20 tion 717 of this title. 

21 ‘‘(c) DEFINITIONS.—In this section, the term ‘senior 

22 executive position’ has the meaning given such term in 

23 section 713(g)(3) of this title.’’. 

24 (b) CLERICAL AMENDMENT.—The table of sections 

25 at the beginning of such chapter is amended by adding 

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1 after the item relating to section 8128 the following new 

2 item: 

‘‘8129. Limitation of contracting with entities employing certain recently separated Department employees.’’. 

3 SEC. 5. LIMITATION ON ADMINISTRATIVE LEAVE FOR EM4 PLOYEES WITHIN THE DEPARTMENT OF VET5 ERANS AFFAIRS. 

6 (a) IN GENERAL.—Chapter 7 of title 38, United 

7 States Code, is further amended by adding after section 

8 717, as added by section 3, the following new section: 

9 ‘‘§ 719. Administrative leave limitation and report 

10 ‘‘(a) LIMITATION APPLICABLE TO EMPLOYEES

11 WITHIN THE DEPARTMENT OF VETERANS AFFAIRS.—(1) 

12 The Secretary may not place any covered individual on 

13 administrative leave, or any other type of paid non-duty 

14 status without charge to leave, for more than a total of 

15 14 days during any 365-day period. 

16 ‘‘(2) The Secretary may waive the limitation under 

17 paragraph (1) and extend the administrative leave or other 

18 paid non-duty status without charge to leave of a covered 

19 individual placed on such leave or status under paragraph 

20 (1) if the Secretary submits to the Committees on Vet21 erans’ Affairs of the Senate and House of Representatives 

22 a detailed explanation of the reasons the individual was 

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1 sion of such leave or status. Such explanation shall include 

2 the name of the covered individual, the location where the 

3 individual is employed, and the individual’s job title. 

4 ‘‘(3) In this subsection, the term ‘covered individual’ 

5 means an employee of the Department— 

6 ‘‘(A) who is subject to an investigation for pur7 poses of determining whether such individual should 

8 be subject to any disciplinary action under this title 

9 or title 5; or 

10 ‘‘(B) against whom any disciplinary action is 

11 proposed or initiated under this title or title 5. 

12 ‘‘(b) REPORT ON ADMINISTRATIVE LEAVE.—(1) Not 

13 later than 30 days after the end of each quarter of any 

14 calendar year, the Secretary shall submit to the Commit15 tees on Veterans’ Affairs of the House of Representatives 

16 and the Senate a report listing the name of any employee 

17 of the Department (if any) who has been placed on admin18 istrative leave, or any other type of paid non-duty status, 

19 for a period longer than 7 days during such quarter. 

20 ‘‘(2) Any report submitted under subsection (a) shall 

21 include, with respect to any employee listed in such report, 

22 the position occupied by the employee, the number of days 

23 of such leave, and the reason that such employee was 

24 placed on such leave.’’. 

25 (b) APPLICATION.— 

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1 (1) ADMINISTRATIVE LEAVE LIMITATION.—Sec2 tion 719(a) of title 38, United States Code (as 

3 added by subsection (a)), shall apply to any action 

4 of removal or transfer under section 713 of such 

5 title or title 5, United States Code, commencing on 

6 or after the date of enactment of this section. 

7 (2) REPORT.—The report under section 719(b) 

8 of such title (as added by subsection (a)) shall begin 

9 to apply in the quarter that ends after the date that 

10 is 6 months after the date of enactment of this sec11 tion. 

12 (c) CLERICAL AMENDMENT.—The table of sections 

13 at the beginning of such chapter 7 is amended by adding 

14 at the end the following new item: 

‘‘719. Administrative leave limitation and report.’’. 

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