I 

114TH CONGRESS 

1ST SESSION H. R. 473 

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

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

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 22, 2015 

Mr. MILLER of Florida introduced the following bill; which was 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 

A BILL 

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

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

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 ‘‘Increasing the Depart5 ment of Veterans Affairs Accountability to Veterans Act 

6 of 2015’’. 


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1 SEC. 2. REDUCTION OF BENEFITS FOR MEMBERS OF THE 

2 SENIOR EXECUTIVE SERVICE WITHIN THE 

3 DEPARTMENT OF VETERANS AFFAIRS CON4 VICTED OF CERTAIN CRIMES. 

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

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘§ 715. Senior executives: reduction of benefits of in9 dividuals convicted of certain crimes 

10 ‘‘(a) REDUCTION OF ANNUITY FOR REMOVED EM11 PLOYEE.—The covered service of an individual removed 

12 from a senior executive position under section 713 shall 

13 not be taken into account for purposes of calculating an 

14 annuity with respect to such individual under chapter 83 

15 or chapter 84 of title 5, if the individual is convicted of 

16 a felony that influenced the individual’s performance while 

17 employed in the senior executive position. 

18 ‘‘(b) REDUCTION OF ANNUITY FOR RETIRED EM19 PLOYEE.—(1) The Secretary may order that the covered 

20 service of an individual who is subject to a removal or 

21 transfer action under section 713 but who leaves employ22 ment at the Department prior to the issuance of a final 

23 decision with respect to such action shall not be taken into 

24 account for purposes of calculating an annuity with re25 spect to such individual under chapter 83 or chapter 84 

26 of title 5, if the individual is convicted of a felony that 


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1 influenced the individual’s performance while employed in 

2 the senior executive position. 

3 ‘‘(2) The Secretary shall make such an order not 

4 later than 7 days after the date on which such individual 

5 is convicted of such felony. 

6 ‘‘(3) Not later than 30 days after the Secretary issues 

7 any order with respect to an individual under paragraph 

8 (1), the Director of the Office of Personnel Management 

9 shall recalculate the annuity of the individual. 

10 ‘‘(c) LUMP-SUM ANNUITY CREDIT.—Any individual 

11 with respect to whom an annuity is reduced under sub12 section (a) or (b) shall be entitled to be paid so much of 

13 such individual’s lump-sum credit as is attributable to the 

14 period of covered service. 

15 ‘‘(d) DEFINITIONS.—In this section: 

16 ‘‘(1) The term ‘covered service’ means, with re17 spect to an individual subject to a removal or trans18 fer action under section 713, the period of service 

19 beginning on the date that the Secretary determines 

20 under such section that such individual engaged in 

21 activity that gave rise to such action and ending on 

22 the date that such individual is removed from the 

23 civil service or leaves employment at the Department 

24 prior to the issuance of a final decision with respect 

25 to such action, as the case may be. 


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1 ‘‘(2) The term ‘lump-sum credit’ has the mean2 ing given such term in section 8331(8) or section 

3 8401(19) of title 5, as the case may be. 

4 ‘‘(3) The term ‘senior executive position’ has 

5 the meaning given such term in section 713(g)(3). 

6 ‘‘(4) The term ‘service’ has the meaning given 

7 such term in section 8331(12) or section 8401(26) 

8 of title 5, as the case may be.’’. 

9 (b) APPLICATION.—The amendment made by sub10 section (a) shall apply to any action of removal or transfer 

11 under section 713 of title 38, United States Code, com12 mencing on or after the date of enactment of this section. 

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

14 at the beginning of such chapter is amended by adding 

15 at the end the following new item: 

‘‘715. Senior executives: reduction of benefits of individuals convicted of certain 

crimes.’’. 

16 SEC. 3. REFORM OF PERFORMANCE APPRAISAL SYSTEM 

17 FOR SENIOR EXECUTIVE SERVICE EMPLOY18 EES OF THE DEPARTMENT OF VETERANS AF19 FAIRS. 

20 (a) PERFORMANCE APPRAISAL SYSTEM.— 

21 (1) IN GENERAL.—Chapter 7 of title 38, United 

22 States Code, as amended by section 2, is further 

23 amended by adding at the end the following new sec24 tion: 


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1 ‘‘§ 717. Senior executives: performance appraisal 

2 ‘‘(a) PERFORMANCE APPRAISAL SYSTEM.—(1) The 

3 performance appraisal system for individuals employed in 

4 senior executive positions in the Department required by 

5 section 4312 of title 5 shall provide, in addition to the 

6 requirements of such section, for five annual summary rat7 ings of levels of performance as follows: 

8 ‘‘(A) One outstanding level. 

9 ‘‘(B) One exceeds fully successful level. 

10 ‘‘(C) One fully successful level. 

11 ‘‘(D) One minimally satisfactory level. 

12 ‘‘(E) One unsatisfactory level. 

13 ‘‘(2) The following limitations apply to the rating of 

14 the performance of such individuals: 

15 ‘‘(A) For any year, not more than 10 percent 

16 of such individuals who receive a performance rating 

17 during that year may receive the outstanding level 

18 under paragraph (1)(A). 

19 ‘‘(B) For any year, not more than 20 percent 

20 of such individuals who receive a performance rating 

21 during that year may receive the exceeds fully suc22 cessful level under paragraph (1)(B). 

23 ‘‘(3) In evaluating the performance of an individual 

24 under the performance appraisal system, the Secretary 

25 shall take into consideration any complaint or report (in26 cluding any pending or published report) submitted by the 


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1 Inspector General of the Department, the Comptroller 

2 General of the United States, the Equal Employment Op3 portunity Commission, or any other appropriate person or 

4 entity, related to any facility or program managed by the 

5 individual. 

6 ‘‘(b) CHANGE OF POSITION.—(1) At least once every 

7 five years, the Secretary shall reassign each individual em8 ployed in a senior executive position to a position at a dif9 ferent location that does not include the supervision of the 

10 same personnel or programs. 

11 ‘‘(2) The Secretary may waive the requirement under 

12 paragraph (1) for any such individual, if the Secretary 

13 submits to the Committees on Veterans’ Affairs of the 

14 Senate and House of Representatives notice of the waiver 

15 and an explanation of the reasons for the waiver. 

16 ‘‘(c) REPORT.—Not later than March 1 of each year, 

17 the Secretary shall submit to the Committees on Veterans’ 

18 Affairs of the Senate and House of Representatives a re19 port on the performance appraisal system of the Depart20 ment under subsection (a). Each such report shall include, 

21 for the year preceding the year during which the report 

22 is submitted, all documentation concerning each of the fol23 lowing for each individual employed in a senior executive 

24 position in the Department: 

25 ‘‘(1) The initial performance appraisal. 


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1 ‘‘(2) The higher level review, if requested. 

2 ‘‘(3) The recommendations of the performance 

3 review board. 

4 ‘‘(4) The final summary review. 

5 ‘‘(5) The review of the Inspector General of the 

6 Department of the information described in para7 graphs (1) through (4). 

8 ‘‘(d) DEFINITION OF SENIOR EXECUTIVE POSI9 TION.—In this section, the term ‘senior executive position’ 

10 has the meaning given that term in section 713(g)(3) of 

11 this title.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of such chapter is further 

14 amended by adding at the end the following new 

15 item: 

‘‘717. Senior executives: performance appraisal.’’. 

16 (3) CONFORMING AMENDMENT.—Section 

17 4312(b) of title 5, United States Code, is amend18 ed— 

19 (A) in paragraph (2), by striking ‘‘and’’ at 

20 the end; 

21 (B) in paragraph (3), by striking the pe22 riod at the end and inserting ‘‘; and’’; and 

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

24 ‘‘(4) that, in the case of the Department of 

25 Veterans Affairs, the performance appraisal 


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1 system meets the requirements of section 716 

2 of title 38.’’. 

3 (b) REVIEW OF SES MANAGEMENT TRAINING.— 

4 (1) REVIEW.—Not later than 180 days after 

5 the date of the enactment of this Act, the Secretary 

6 of Veterans Affairs shall enter into a contract with 

7 a nongovernmental entity to review the management 

8 training program for individuals employed in senior 

9 executive positions (as such term is defined in sec10 tion 713(g)(3) of title 38, United States Code) of 

11 the Department of Veterans Affairs that is being 

12 provided as of the date of the enactment of this Act. 

13 Such review shall include a comparison of the train14 ing provided by the Department of Veterans Affairs 

15 to the management training provided for senior ex16 ecutives of other Federal departments and agencies 

17 and to the management training provided to senior 

18 executives in the private sector. The contract shall 

19 provide that the nongovernmental entity must com20 plete and submit to the Secretary a report con21 taining the findings and conclusions of the review by 

22 not later than 180 days after the date on which the 

23 Secretary and the nongovernmental entity enter into 

24 the contract. 


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1 (2) REPORT TO CONGRESS.—Not later than 60 

2 days after the date on which the Secretary receives 

3 the report under paragraph (1), the Secretary shall 

4 submit to the Committees on Veterans’ Affairs of 

5 the Senate and House of Representatives the report 

6 together with a plan for carrying out the rec7 ommendations contained in the report. 

8 SEC. 4. LIMITATION ON ADMINISTRATIVE LEAVE FOR MEM9 BERS OF THE SENIOR EXECUTIVE SERVICE 

10 WITHIN THE DEPARTMENT OF VETERANS AF11 FAIRS. 

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

13 States Code, is further amended by adding after section 

14 717 (as added by section 3) the following new section: 

15 ‘‘§ 719. Administrative leave limitation and report 

16 ‘‘(a) LIMITATION APPLICABLE TO MEMBERS OF THE

17 SENIOR EXECUTIVE SERVICE WITHIN THE DEPARTMENT

18 OF VETERANS AFFAIRS.—(1) The Secretary may not 

19 place any covered individual on administrative leave, or 

20 any other type of paid non-duty status, for more than a 

21 total of 14 days during any 365-day period. 

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

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

24 paid non-duty status of a covered individual placed on 

25 such leave or status under paragraph (1) if the Secretary 


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1 submits to the Committees on Veterans’ Affairs of the 

2 Senate and House of Representatives a detailed expla3 nation of the reasons the individual was placed on admin4 istrative leave or other paid non-duty status and the rea5 sons for the extension of such leave or status. Such expla6 nation shall include the name of the covered individual, 

7 the location where the individual is employed, and the indi8 vidual’s job title. 

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

10 means an individual (as defined in section 713(g)(1)) oc11 cupying a senior executive position (as defined in section 

12 714(g)(3))— 

13 ‘‘(A) who is subject to an investigation for pur14 poses of determining whether such individual should 

15 be subject to any disciplinary action under this title 

16 or title 5; or 

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

18 proposed or initiated under this title or title 5. 

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

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

21 calendar year, the Secretary shall submit to the Commit22 tees on Veterans’ Affairs of the House of Representatives 

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

24 of the Department (if any) who has been placed on adminVerDate Sep 11 2014 06:47 Jan 28, 2015 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H473.IH H473

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1 istrative leave, or any other type of paid non-duty status, 

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

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

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

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

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

7 placed on such leave.’’. 

8 (b) APPLICATION.— 

9 (1) ADMINISTRATIVE LEAVE LIMITATION.—Sec10 tion 719(a) of title 38, United States Code (as 

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

12 of removal or transfer under section 713 of such 

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

14 or after the date of enactment of this section. 

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

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

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

18 is 6 months after the date of enactment of this sec19 tion. 

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

21 at the beginning of such chapter is amended by adding 

22 at the end the following new item: 

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

Æ 


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