I 

115TH CONGRESS 

2D SESSION H. R. 6101 

To amend titles 5 and 38, United States Code, to ensure that certain 

employees of the Department of Veterans Affairs are subject to the 

same removal, demotion, and suspension policies as other employees 

of the Federal Government, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 14, 2018 

Mr. FITZPATRICK (for himself, Mr. SMITH of New Jersey, and Mr. BROWN

of Maryland) 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 titles 5 and 38, United States Code, to ensure 

that certain employees of the Department of Veterans 

Affairs are subject to the same removal, demotion, and 

suspension policies as other employees of the Federal 

Government, 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 ‘‘VA Personnel Equity 

5 Act of 2018’’. 


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1 SEC. 2. REPEAL OF SEPARATE REMOVAL, DEMOTION, AND 

2 SUSPENSION PROCESSES FOR CERTAIN EM3 PLOYEES OF DEPARTMENT OF VETERANS AF4 FAIRS. 

5 (a) REPEAL.— 

6 (1) TITLE 38.—Section 714 of title 38, United 

7 States Code, is amended— 

8 (A) by striking subsections (a), (b), (c), 

9 (d), and (g); 

10 (B) by redesignating subsections (e), (f), 

11 and (h) as subsections (a), (b), and (c), respec12 tively; 

13 (C) in subsection (a), as so redesignated, 

14 by striking ‘‘under subsection (a)’’ each place it 

15 appears; and 

16 (D) in subsection (c), as so redesignated— 

17 (i) by striking paragraphs (3) and (4); 

18 and 

19 (ii) by redesignating paragraphs (5) 

20 and (6) as paragraphs (3) and (4), respec21 tively. 

22 (2) TITLE 5.—Section 4303(f) of title 5, United 

23 States Code, is amended— 

24 (A) in paragraph (2), by striking the 

25 comma at the end and inserting ‘‘, or’’; 


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1 (B) in paragraph (3), by striking ‘‘, or’’ 

2 and inserting a period; and 

3 (C) by striking paragraph (4). 

4 (b) CONFORMING AMENDMENTS.—Chapter 7 of title 

5 38, United States Code, is amended— 

6 (1) in section 719, by striking ‘‘under section 

7 713, 714, or 7461 of this title’’ each place it appears 

8 and inserting ‘‘under section 713 or 7461 of this 

9 title’’; 

10 (2) in section 714, as amended by subsection 

11 (a), by striking the heading and inserting ‘‘Protec12 tions for whistleblowers from removal, 

13 demotion, and suspension’’; 

14 (3) by redesignating section 714 as section 734; 

15 (4) by transferring section 734, as so redesig16 nated, so as to appear after section 733; and 

17 (5) in the table of sections— 

18 (A) by striking the item relating to section 

19 714; and 

20 (B) by inserting after the item relating to 

21 section 733 the following new item: 

‘‘734. Protections for whistleblowers from removal, demotion, and suspension.’’. 


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1 SEC. 3. RESTORATION OF CERTAIN DISCIPLINARY AND 

2 GRIEVANCE PROCEDURES FOR PERSONNEL 

3 OF THE VETERANS HEALTH ADMINISTRA4 TION. 

5 The following provisions of title 38, United States 

6 Code, are each amended to read as such provisions read 

7 on the day before the date of the enactment of the Depart8 ment of Veterans Affairs Accountability and Whistle9 blower Protection Act of 2017 (Public Law 115–41): 

10 (1) Section 7461(b). 

11 (2) Section 7462(b). 

12 (3) Section 7463(c). 

13 SEC. 4. COMPTROLLER GENERAL OF THE UNITED STATES 

14 REPORT ON DISCIPLINE AND REMOVALS AT 

15 DEPARTMENT OF VETERANS AFFAIRS. 

16 (a) REPORT.—Not later than 180 days after the date 

17 of the enactment of this Act, the Comptroller General of 

18 the United States shall submit to Congress a report that 

19 evaluates proposed and final disciplines and removals of 

20 employees of the Department of Veterans Affairs that oc21 curred during each of the following periods: 

22 (1) Calendar years 2014, 2015, and 2016. 

23 (2) Beginning on the date of the enactment of 

24 the Department of Veterans Affairs Accountability 

25 and Whistleblower Protection Act of 2017 (Public 


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1 Law 115–41) and ending on the date of the enact2 ment of this Act. 

3 (b) MATTERS INCLUDED.—The report under sub4 section (a) shall include, at a minimum, the following with 

5 respect to each period covered by the report: 

6 (1) The number of employees of the Depart7 ment of Veterans Affairs proposed for discipline or 

8 removal. 

9 (2) The number of such employees formally dis10 ciplined or removed. 

11 (3) The organization, position titles, type of ac12 tion, effective date of the action, and grades of such 

13 employees. 

14 (4) The duty locations of such employees. 

15 (5) The gender, age, race, veteran status, ten16 ure, and length of service of such employees. 

17 (6) With respect to each such employee, the na18 ture of the disciplinary charge (including whether 

19 the charge was a first offense), or if related to a per20 formance issue, a summary of the less-than-satisfac21 tory performance leading to the removal or reduction 

22 in pay or grade. 

Æ 


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