II 

113TH CONGRESS 

2D SESSION S. 2545 

To require the Secretary of Veterans Affairs to revoke bonuses paid to 

employees involved in electronic wait list manipulations, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 26, 2014 

Ms. AYOTTE (for herself and Mrs. MCCASKILL) introduced the following bill; 

which was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To require the Secretary of Veterans Affairs to revoke bonuses paid to employees involved in electronic wait list 

manipulations, 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. RETURN OF BONUSES AWARDED TO EMPLOY4 EES OF DEPARTMENT OF VETERANS AFFAIRS 

5 FOR PERFORMANCE THEY MISREPRE6 SENTED. 

7 (a) INVESTIGATIONS.—Not later than 180 days after 

8 the date on which the Inspector General of the Depart9 ment of Veterans Affairs submits to Congress a report deVerDate Mar 15 2010 19:43 Jul 07, 2014 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2545.IS S2545

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•S 2545 IS

1 scribed in subsection (b), the Secretary of Veterans Affairs 

2 shall identify each employee of the Department of Vet3 erans Affairs who— 

4 (1) during any of fiscal years 2011 through 

5 2014— 

6 (A) contributed to the purposeful omission 

7 of the name of one or more veterans waiting for 

8 health care from an electronic wait list for a 

9 medical facility of the Department identified by 

10 the Inspector General in such report; or 

11 (B) was the supervisor of an employee of 

12 the Department, or was a supervisor of that su13 pervisor, at any level, who contributed to a pur14 poseful omission as described in subparagraph 

15 (A) and knew, or reasonably should have 

16 known, that the employee contributed to such 

17 purposeful omission; and 

18 (2) received a bonus in part because of such 

19 omission. 

20 (b) REPORTS DESCRIBED.—A report described in 

21 this subsection is a report submitted to Congress by the 

22 Inspector General in calendar year 2014 that identifies 

23 medical facilities of the Department at which scheduling 

24 practices in use, or formerly in use, did not comply with 

25 scheduling policies and procedures of the Department. 


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1 (c) IDENTIFICATION.—The Secretary shall identify 

2 employees contributing to an omission described in sub3 section (a)(1) without regard to whether the employee 

4 knowingly contributed to such omission or contributed to 

5 such omission for the purpose of receiving a bonus. 

6 (d) REPAYMENT.— 

7 (1) IN GENERAL.—For each employee identified 

8 under subsection (a) who received a bonus as de9 scribed in such subsection, the Secretary shall, after 

10 notice and an opportunity for a hearing, issue an 

11 order directing the employee to repay the amount of 

12 such bonus. 

13 (2) HEARINGS.—A hearing under this sub14 section shall be conducted in accordance with regula15 tions relating to hearings promulgated by the Sec16 retary under chapter 75 of title 5, United States 

17 Code. 

18 (3) APPEAL.— 

19 (A) IN GENERAL.—An employee against 

20 whom an order is issued under paragraph (1) 

21 may appeal to the Merit Systems Protection 

22 Board under section 7701 of title 5, United 

23 States Code. 

24 (B) SCOPE OF REVIEW.—A review of an 

25 appeal by the Merit Systems Protection Board 


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1 under subparagraph (A) shall be based on the 

2 record established through the appellant’s hear3 ing conducted under paragraph (2). 

4 (C) STANDARD OF REVIEW.—The Merit 

5 Systems Protection Board shall set aside an 

6 order issued under paragraph (1) if the issuing 

7 of the order was clearly erroneous or the result 

8 of a denial of procedural due process. 

Æ 


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