I 
114TH CONGRESS 
1ST SESSION H. R. 1994 
To amend title 38, United States Code, to provide for the removal or demotion 
of employees of the Department of Veterans Affairs based on perform-
ance or misconduct, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 23, 2015 
Mr. MILLER of Florida (for himself, Mr. COSTELLO of Pennsylvania, Mr. 
HUELSKAMP, Mr. ABRAHAM, Mr. BENISHEK, and Mr. MURPHY of Penn-
sylvania) introduced the following bill; which was referred to the Com-
mittee on Veterans’ Affairs, and in addition to the Committee on Over-
sight and Government Reform, for a period to be subsequently deter-
mined 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 provide for the 
removal or demotion of employees of the Department 
of Veterans Affairs based on performance or misconduct, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘VA Accountability Act 
of 2015’’. 
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SEC. 2. REMOVAL OR DEMOTION OF EMPLOYEES BASED ON 
PERFORMANCE OR MISCONDUCT. 
(a) IN GENERAL.—Chapter 7 of title 38, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 714. Employees: removal or demotion based on 
performance or misconduct 
‘‘(a) IN GENERAL.—The Secretary may remove or 
demote an individual who is an employee of the Depart-
ment of Veterans Affairs if the Secretary determines the 
performance or misconduct of the individual warrants 
such removal or demotion. If the Secretary so removes or 
demotes such an individual, the Secretary may— 
‘‘(1) remove the individual from the civil service 
(as defined in section 2101 of title 5); or 
‘‘(2) demote the individual by means of— 
‘‘(A) a reduction in grade for which the in-
dividual is qualified and that the Secretary de-
termines is appropriate; or 
‘‘(B) a reduction in annual rate of pay 
that the Secretary determines is appropriate. 
‘‘(b) PAY OF CERTAIN DEMOTED INDIVIDUALS.—(1) 
Notwithstanding any other provision of law, any individual 
subject to a demotion under subsection (a)(2)(A) shall, be-
ginning on the date of such demotion, receive the annual 
rate of pay applicable to such grade. 
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‘‘(2) An individual so demoted may not be placed on 
administrative leave or any other category of paid leave 
during the period during which an appeal (if any) under 
this section is ongoing, and may only receive pay if the 
individual reports for duty. If an individual so demoted 
does not report for duty, such individual shall not receive 
pay or other benefits pursuant to subsection (e)(5). 
‘‘(c) NOTICE TO CONGRESS.—Not later than 30 days 
after removing or demoting an individual under subsection 
(a), the Secretary shall submit to the Committees on Vet-
erans’ Affairs of the Senate and House of Representatives 
notice in writing of such removal or demotion and the rea-
son for such removal or demotion. 
‘‘(d) PROCEDURE.—(1) The procedures under section 
7513(b) of title 5 and chapter 43 of such title shall not 
apply to a removal or demotion under this section. 
‘‘(2)(A) Subject to subparagraph (B) and subsection 
(e), any removal or demotion under subsection (a) may 
be appealed to the Merit Systems Protection Board under 
section 7701 of title 5. 
‘‘(B) An appeal under subparagraph (A) of a removal 
or demotion may only be made if such appeal is made not 
later than seven days after the date of such removal or 
demotion. 
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‘‘(e) EXPEDITED
REVIEW
BY
ADMINISTRATIVE 
JUDGE.—(1) Upon receipt of an appeal under subsection 
(d)(2)(A), the Merit Systems Protection Board shall refer 
such appeal to an administrative judge pursuant to section 
7701(b)(1) of title 5. The administrative judge shall expe-
dite any such appeal under such section and, in any such 
case, shall issue a decision not later than 45 days after 
the date of the appeal. 
‘‘(2) Notwithstanding any other provision of law, in-
cluding section 7703 of title 5, the decision of an adminis-
trative judge under paragraph (1) shall be final and shall 
not be subject to any further appeal. 
‘‘(3) In any case in which the administrative judge 
cannot issue a decision in accordance with the 45-day re-
quirement under paragraph (1), the removal or demotion 
is final. In such a case, the Merit Systems Protection 
Board shall, within 14 days after the date that such re-
moval or demotion is final, submit to Congress and the 
Committees on Veterans’ Affairs of the Senate and House 
of Representatives a report that explains the reasons why 
a decision was not issued in accordance with such require-
ment. 
‘‘(4) The Merit Systems Protection Board or admin-
istrative judge may not stay any removal or demotion 
under this section. 
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‘‘(5) During the period beginning on the date on 
which an individual appeals a removal from the civil serv-
ice under subsection (d) and ending on the date that the 
administrative judge issues a final decision on such appeal, 
such individual may not receive any pay, awards, bonuses, 
incentives, allowances, differentials, student loan repay-
ments, special payments, or benefits. 
‘‘(6) To the maximum extent practicable, the Sec-
retary shall provide to the Merit Systems Protection 
Board, and to any administrative judge to whom an appeal 
under this section is referred, such information and assist-
ance as may be necessary to ensure an appeal under this 
subsection is expedited. 
‘‘(f) LIMITATION ON REMOVAL OR DEMOTION.—In 
the case of an individual seeking corrective action (or on 
behalf of whom corrective action is sought) from the Office 
of Special Counsel based on an alleged prohibited per-
sonnel practice described in section 2302(b) of title 5, the 
Secretary may not remove or demote such individual 
under subsection (a) without the approval of the Special 
Counsel under section 1214(f) of title 5. 
‘‘(g) RELATION TO TITLE 5.—The authority provided 
by this section is in addition to the authority provided by 
subchapter V of chapter 75 of title 5 and chapter 43 of 
such title. 
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‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) The term ‘individual’ means an individual 
occupying a position at the Department of Veterans 
Affairs but does not include— 
‘‘(A) an individual, as that term is defined 
in section 713(g)(1); or 
‘‘(B) a political appointee. 
‘‘(2) The term ‘grade’ has the meaning given 
such term in section 7511(a) of title 5. 
‘‘(3) The term ‘misconduct’ includes neglect of 
duty, malfeasance, or failure to accept a directed re-
assignment or to accompany a position in a transfer 
of function. 
‘‘(4) The term ‘political appointee’ means an in-
dividual 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 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 confiden-
tial or policy-determining character under 
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served a probationary period of 18 months. The Secretary 
may extend a probationary period under this subsection 
at the discretion of the Secretary. 
‘‘(b) COVERED EMPLOYEE.—In this section, the term 
‘covered employee’— 
‘‘(1) means any individual— 
‘‘(A) appointed to a permanent position 
within the competitive service at the Depart-
ment; or 
‘‘(B) appointed as a career appointee (as 
that term is defined in section 3132(a)(4) of 
title 5) within the Senior Executive Service at 
the Department; and 
‘‘(2) does not include any individual with a pro-
bationary period prescribed by section 7403 of this 
title. 
‘‘(c) PERMANENT HIRES.—Upon the expiration of a 
covered employee’s probationary period under subsection 
(a), the supervisor of the employee shall determine wheth-
er the appointment becomes final based on regulations 
prescribed for such purpose by the Secretary.’’. 
(b) APPLICATION.—The amendment made by sub-
section (a) shall apply to any covered employee (as that 
term is defined in section 715 of title 38, United States 
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Code, as added by such subsection) appointed after the 
date of enactment of this section. 
(c) CLERICAL AND CONFORMING AMENDMENTS.— 
(1) CLERICAL.—The table of sections at the be-
ginning of such chapter, as amended by section 2, 
is further amended by adding at the end the fol-
lowing new item: 
‘‘715. Probationary period for employees.’’. 
(2) CONFORMING.—Title 5, United States 
Code, is amended— 
(A) in section 3321(c), by— 
(i) striking ‘‘Service or’’ and inserting 
‘‘Service,’’; and 
(ii) inserting at the end before the pe-
riod the following: ‘‘, or any individual cov-
ered by section 715 of title 38’’; and 
(B) in section 3393(d), by adding at the 
end after the period the following: ‘‘The pre-
ceding sentence shall not apply to any indi-
vidual covered by section 715 of title 38.’’. 
SEC. 4. COMPTROLLER GENERAL STUDY OF DEPARTMENT 
TIME AND SPACE USED FOR LABOR ORGANI-
ZATION ACTIVITY. 
(a) STUDY REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Comp-
troller General of the United States shall conduct a study 
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on the amount of time spent by Department of Veterans 
Affairs employees carrying out organizing activities relat-
ing to labor organizations and the amount of space in De-
partment facilities used for such activities. The study shall 
include a cost-benefit analysis of the use of such time and 
space for such activities. 
(b) REPORT TO CONGRESS.—Not later than 90 days 
after the completion of the study required under sub-
section (a), the Comptroller General shall submit to the 
Committees on Veterans’ Affairs of the Senate and House 
of Representatives a report on the results of the study. 
Æ 
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