I 
114TH CONGRESS 
2D SESSION 
H. R. 5620 
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 
JULY 5, 2016 
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 provi-
sions 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘VA Accountability First and Appeals Modernization Act 
of 2016’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References to title 38, United States Code. 
Sec. 3. Removal or demotion of employees based on performance or misconduct. 
Sec. 4. Reduction of benefits for members of the Senior Executive Service with-
in the Department of Veterans Affairs convicted of certain 
crimes. 
Sec. 5. Authority to recoup bonuses or awards paid to employees of Department 
of Veterans Affairs. 
Sec. 6. Authority to recoup relocation expenses paid to or on behalf of employ-
ees of Department of Veterans Affairs. 
Sec. 7. Senior executives: personnel actions based on performance or mis-
conduct. 
Sec. 8. Treatment of whistleblower complaints in Department of Veterans Af-
fairs. 
Sec. 9. Appeals reform. 
Sec. 10. Limitation on awards and bonuses paid to senior executive employees 
of Department of Veterans Affairs. 
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of title 38, United States Code. 
SEC. 3. REMOVAL OR DEMOTION OF EMPLOYEES BASED ON 
PERFORMANCE OR MISCONDUCT. 
(a) IN GENERAL.—Chapter 7 is amended by adding 
at the end the following new section: 
‘‘§ 715. 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 if the Secretary determines the performance or mis-
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conduct of the individual warrants such removal or demo-
tion. If the Secretary so removes or demotes such an indi-
vidual, 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. 
‘‘(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 
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(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) Subsection (b) of section 
7513 of title 5 shall apply with respect to a removal or 
a demotion under this section, except that the period for 
notice and response, which includes the advance notice pe-
riod required by paragraph (1) of such subsection and the 
response period required by paragraph (2) of such sub-
section, shall not exceed a total of ten calendar days. 
‘‘(2) The procedures under chapter 43 of title 5 shall 
not apply to a removal or demotion under this section. 
‘‘(3)(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. 
‘‘(e) EXPEDITED REVIEW BY MSPB.—(1) Upon re-
ceipt of an appeal under subsection (d)(3)(A), the Merit 
Systems Protection Board shall expedite any such appeal 
under such section and, in any such case, shall issue a 
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decision not later than 60 days after the date of the ap-
peal. 
‘‘(2) Notwithstanding section 7701(c)(1)(B) of title 
5, the Merit Systems Protection Board shall uphold the 
decision of the Secretary to remove or demote an employee 
under subsection (a) if the decision is supported by sub-
stantial evidence. 
‘‘(3) The decision of the Merit Systems Protection 
Board under paragraph (1), and any final removal or de-
motion described in paragraph (4), may be appealed to 
the United States Court of Appeals for the Federal Circuit 
pursuant to section 7703 of title 5. Any decision by such 
Court shall be in compliance with section 7462(f)(2) of 
this title. 
‘‘(4) In any case in which the Merit Systems Protec-
tion Board cannot issue a decision in accordance with the 
60-day requirement under paragraph (1), the removal or 
demotion is final. In such a case, the Merit Systems Pro-
tection Board shall, within 14 days after the date that 
such removal 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 rea-
sons why a decision was not issued in accordance with 
such requirement. 
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‘‘(5) The Merit Systems Protection Board may not 
stay any removal or demotion under this section. 
‘‘(6) 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 
Merit Systems Protection Board issues a final decision on 
such appeal, such individual may not receive any pay, 
awards, bonuses, incentives, allowances, differentials, stu-
dent loan repayments, special payments, or benefits. 
‘‘(7) To the maximum extent practicable, the Sec-
retary shall provide to the Merit Systems Protection 
Board such information and assistance as may be nec-
essary to ensure an appeal under this subsection is expe-
dited. 
‘‘(f) WHISTLEBLOWER PROTECTION.—(1) In the 
case of an individual seeking corrective action (or on be-
half 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. 
‘‘(2) In the case of an individual who has filed a whis-
tleblower complaint, as such term is defined in section 741 
of this title, the Secretary may not remove or demote such 
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individual under subsection (a) until a final decision with 
respect to the whistleblower complaint has been made. 
‘‘(g) TERMINATION OF INVESTIGATIONS BY OFFICE 
OF SPECIAL COUNSEL.—Notwithstanding any other provi-
sion of law, the Special Counsel (established by section 
1211 of title 5) may terminate an investigation of a pro-
hibited personnel practice alleged by an employee or 
former employee of the Department after the Special 
Counsel provides to the employee or former employee a 
written statement of the reasons for the termination of 
the investigation. Such statement may not be admissible 
as evidence in any judicial or administrative proceeding 
without the consent of such employee or former employee. 
‘‘(h) RELATION TO OTHER AUTHORITIES.—The au-
thority provided by this section is in addition to the au-
thority provided by subchapter V of chapter 74 of this 
title, subchapter II of chapter 75 of title 5, chapter 43 
of such title, and any other authority with respect to dis-
ciplining an individual. 
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) The term ‘individual’ means an individual 
occupying a position at the Department but does not 
include— 
‘‘(A) an individual, as that term is defined 
in section 713(g)(1); or 
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‘‘(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 
schedule C of subpart C of part 213 of title 5 
of the Code of Federal Regulations.’’. 
(b) CLERICAL AND CONFORMING AMENDMENTS.— 
(1) CLERICAL.—The table of sections at the be-
ginning of chapter 7 is amended by inserting after 
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the item relating to section 713 the following new 
item: 
‘‘715. Employees: removal or demotion based on performance or misconduct.’’. 
(2) CONFORMING.—Section 4303(f) of title 5, 
United States Code, is amended— 
(A) by striking ‘‘or’’ at the end of para-
graph (2); 
(B) by striking the period at the end of 
paragraph (3) and inserting ‘‘, or’’; and 
(C) by adding at the end the following: 
‘‘(4) any removal or demotion under section 
715 of title 38.’’. 
SEC. 4. REDUCTION OF BENEFITS FOR MEMBERS OF THE 
SENIOR EXECUTIVE SERVICE WITHIN THE 
DEPARTMENT OF VETERANS AFFAIRS CON-
VICTED OF CERTAIN CRIMES. 
(a) REDUCTION OF BENEFITS.— 
(1) IN GENERAL.—Chapter 7 is further amend-
ed by inserting after section 715, as added by sec-
tion 3, the following new section: 
‘‘§ 717. Senior executives: reduction of benefits of in-
dividuals convicted of certain crimes 
‘‘(a) REDUCTION OF ANNUITY FOR REMOVED EM-
PLOYEE.—(1) The Secretary shall order that the covered 
service of an individual removed from a senior executive 
position for performance or misconduct under section 713 
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of this title, chapter 43 or subchapter V of chapter 75 
of title 5, or any other provision of law shall not be taken 
into account for purposes of calculating an annuity with 
respect to such individual under chapter 83 or chapter 84 
of title 5, if— 
‘‘(A) the individual is convicted of a felony that 
influenced the individual’s performance while em-
ployed in the senior executive position; and 
‘‘(B) before such order is made, the individual 
is afforded— 
‘‘(i) notice of the order and an opportunity 
to respond to the order; and 
‘‘(ii) consistent with paragraph (2), an op-
portunity to appeal the order to another depart-
ment or agency of the Federal Government. 
‘‘(2) If a final decision on an appeal made under 
paragraph (1)(B)(ii) is not made by the applicable depart-
ment or agency of the Federal Government within 30 days 
after receiving such appeal, the order of the Secretary 
under paragraph (1) shall be final and not subject to fur-
ther appeal. 
‘‘(b) REDUCTION OF ANNUITY FOR RETIRED EM-
PLOYEE.—(1) The Secretary may order that the covered 
service of an individual who is subject to a removal or 
transfer action for performance or misconduct under sec-
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tion 713 of this title, chapter 43 or subchapter V of chap-
ter 75 of title 5, or any other provision of law but who 
leaves employment at the Department prior to the 
issuance of a final decision with respect to such action 
shall not be taken into account for purposes of calculating 
an annuity with respect to such individual under chapter 
83 or chapter 84 of title 5, if— 
‘‘(A) the individual is convicted of a felony that 
influenced the individual’s performance while em-
ployed in the senior executive position; and 
‘‘(B) before such order is made, the individual 
is afforded notice and an opportunity for a hearing 
conducted by another department or agency of the 
Federal Government. 
‘‘(2) The Secretary shall make such an order not 
later than seven days after the date of the conclusion of 
a hearing referred to in paragraph (1)(B) that determines 
that such order is lawful. 
‘‘(c) ADMINISTRATIVE
REQUIREMENTS.—(1) Not 
later than 30 days after the Secretary issues an order 
under subsection (a) or (b), the Director of the Office of 
Personnel Management shall recalculate the annuity of the 
individual. 
‘‘(2) A decision regarding whether the covered service 
of an individual shall be taken into account for purposes 
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of calculating an annuity under subsection (a) or (b) is 
final and may not be reviewed by any department or agen-
cy or any court. 
‘‘(d) LUMP-SUM ANNUITY CREDIT.—Any individual 
with respect to whom an annuity is reduced under sub-
section (a) or (b) shall be entitled to be paid so much of 
such individual’s lump-sum credit as is attributable to the 
period of covered service. 
‘‘(e) SPOUSE OR CHILDREN EXCEPTION.—The Sec-
retary, in consultation with the Office of Personnel Man-
agement, shall prescribe regulations that may provide for 
the payment to the spouse or children of any individual 
referred to in subsection (a) or (b) of any amounts which 
(but for this subsection) would otherwise have been non-
payable by reason of such subsections. Any such regula-
tions shall be consistent with the requirements of section 
8332(o)(5) and 8411(l)(5) of title 5, as the case may be. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered service’ means, with re-
spect to an individual subject to a removal or trans-
fer for performance or misconduct under section 713 
of this title, chapter 43 or subchapter V of chapter 
75 of title 5, or any other provision of law, the pe-
riod of service beginning on the date that the Sec-
retary determines under such applicable provision 
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that the individual engaged in activity that gave rise 
to such action and ending on the date that the indi-
vidual is removed or transferred from the senior ex-
ecutive position or leaves employment at the Depart-
ment prior to the issuance of a final decision with 
respect to such action, as the case may be. 
‘‘(2) The term ‘lump-sum credit’ has the mean-
ing given such term in section 8331(8) or section 
8401(19) of title 5, as the case may be. 
‘‘(3) The term ‘senior executive position’ has 
the meaning given such term in section 713(g)(3) of 
this title. 
‘‘(4) The term ‘service’ has the meaning given 
such term in section 8331(12) or section 8401(26) 
of title 5, as the case may be.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 7 of such title is 
amended by inserting after the item relating to sec-
tion 715, as added by section 3, the following new 
item: 
‘‘717. Senior executives: reduction of benefits of individuals convicted of certain 
crimes.’’. 
(b) APPLICATION.—Section 717 of title 38, United 
States Code, as added by subsection (a)(1), shall apply 
to any action of removal or transfer under section 713 
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of title 38, United States Code, commencing on or after 
the date of the enactment of this Act. 
SEC. 5. AUTHORITY TO RECOUP BONUSES OR AWARDS 
PAID TO EMPLOYEES OF DEPARTMENT OF 
VETERANS AFFAIRS. 
(a) IN GENERAL.—Chapter 7 is further amended by 
inserting after section 717, as added by section 4, the fol-
lowing new section: 
‘‘§ 719. Recoupment of bonuses or awards paid to em-
ployees of Department 
‘‘(a) RECOUPMENT.—Notwithstanding any other pro-
vision of law, the Secretary may issue an order directing 
an employee of the Department to repay the amount, or 
a portion of the amount, of any award or bonus paid to 
the employee under title 5, including under chapters 45 
or 53 of such title, or this title if— 
‘‘(1) the Secretary determines such repayment 
appropriate pursuant to regulations prescribed under 
subsection (c); and 
‘‘(2) before such repayment, the employee is af-
forded notice and an opportunity for a hearing con-
ducted by another department or agency of the Fed-
eral Government. 
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‘‘(b) REVIEW.—(1) Upon the issuance of an order by 
the Secretary under subsection (a), the employee shall be 
afforded— 
‘‘(A) notice of the order and an opportunity to 
respond to the order; and 
‘‘(B) consistent with paragraph (2), an oppor-
tunity to appeal the order to another department or 
agency of the Federal Government. 
‘‘(2) If a final decision on an appeal made under 
paragraph (1)(B) is not made by the applicable depart-
ment or agency of the Federal Government within 30 days 
after receiving such appeal, the order of the Secretary 
under subsection (a) shall be final and not subject to fur-
ther appeal. 
‘‘(c) REGULATIONS.—The Secretary shall prescribe 
regulations to carry out this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter, as amended by section 
4, is amended by inserting after the item relating to sec-
tion 717 the following new item: 
‘‘719. Recoupment of bonuses or awards paid to employees of Department.’’. 
(c) EFFECTIVE DATE.—Section 719 of title 38, 
United States Code, as added by subsection (a), shall 
apply with respect to an award or bonus paid by the Sec-
retary of Veterans Affairs to an employee of the Depart-
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ment of Veterans Affairs on or after the date of the enact-
ment of this Act. 
(d) CONSTRUCTION.—Nothing in this Act or the 
amendments made by this Act may be construed to modify 
the certification issued by the Office of Personnel Manage-
ment and the Office of Management and Budget regarding 
the performance appraisal system of the Senior Executive 
Service of the Department of Veterans Affairs. 
SEC. 6. AUTHORITY TO RECOUP RELOCATION EXPENSES 
PAID TO OR ON BEHALF OF EMPLOYEES OF 
DEPARTMENT OF VETERANS AFFAIRS. 
(a) IN GENERAL.—Chapter 7 is further amended by 
adding at the end the following new section: 
‘‘§ 721. Recoupment of relocation expenses paid on 
behalf of employees of Department 
‘‘(a) RECOUPMENT.—(1) Notwithstanding any other 
provision of law, the Secretary may direct an employee of 
the Department to repay the amount, or a portion of the 
amount, paid to or on behalf of the employee under title 
5 for relocation expenses, including any expenses under 
section 5724 or 5724a of such title, or this title if— 
‘‘(A) the Secretary determines that— 
‘‘(i) the employee has committed an act of 
fraud, waste, or malfeasance; and 
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‘‘(ii) such repayment is appropriate pursu-
ant to regulations prescribed under subsection 
(c); and 
‘‘(B) before such repayment is ordered, the in-
dividual is afforded— 
‘‘(i) notice of the determination of the Sec-
retary and an opportunity to respond to the de-
termination; and 
‘‘(ii) consistent with paragraph (2), an op-
portunity to appeal the determination to an-
other department or agency of the Federal Gov-
ernment. 
‘‘(2) If a final decision on an appeal made under 
paragraph (1)(B)(ii) is not made by the applicable depart-
ment or agency of the Federal Government within 30 days 
after receiving such appeal, the order of the Secretary 
under paragraph (1) shall be final and not subject to fur-
ther appeal. 
‘‘(b) REVIEW.—A decision regarding a repayment by 
an employee pursuant to subsection (a)(1)(B)(ii) is final 
and may not be reviewed by any department, agency, or 
court. 
‘‘(c) REGULATIONS.—The Secretary shall prescribe 
regulations to carry out this section.’’. 
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(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is further amended by 
adding at the end the following new item: 
‘‘721. Recoupment of relocation expenses paid to or on behalf of employees of 
Department.’’. 
(c) EFFECTIVE DATE.—Section 721 of title 38, 
United States Code, as added by subsection (a), shall 
apply with respect to an amount paid by the Secretary 
of Veterans Affairs to or on behalf of an employee of the 
Department of Veterans Affairs for relocation expenses on 
or after the date of the enactment of this Act. 
(d) CONSTRUCTION.—Nothing in this section or the 
amendments made by this section may be construed to 
modify the certification issued by the Office of Personnel 
Management and the Office of Management and Budget 
regarding the performance appraisal system of the Senior 
Executive Service of the Department of Veterans Affairs. 
SEC. 7. SENIOR EXECUTIVES: PERSONNEL ACTIONS BASED 
ON PERFORMANCE OR MISCONDUCT. 
(a) EXPANSION
OF
COVERED
PERSONNEL
AC-
TIONS.—Section 713 is amended in subsection (a)(1) by 
inserting after ‘‘such removal.’’ the following: ‘‘If the Sec-
retary determines that the performance or misconduct of 
such an individual does not merit removal from the senior 
executive service position, the Secretary may suspend, rep-
rimand, or admonish the individual.’’. 
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(b) REMOVAL OF APPEAL TO MERIT SYSTEMS PRO-
TECTION BOARD.—Section 713 is further amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘so re-
moves’’ and inserting ‘‘removes’’; and 
(B) by adding at the end the following: 
‘‘(3) On the date that is 5 days before taking any 
personnel action against a senior executive under para-
graph (1), the Secretary shall provide the individual 
with— 
‘‘(A) notice in writing of the proposed personnel 
action, including the reasons for such action; and 
‘‘(B) an opportunity to respond to the proposed 
personnel action within the 5-day period.’’; 
(2) in subsection (b)(2)— 
(A) by striking ‘‘under this section’’ and 
inserting ‘‘under section 723’’; and 
(B) by striking the second sentence; 
(3) in subsection (c)— 
(A) by striking ‘‘30’’ and inserting ‘‘5’’; 
and 
(B) by striking ‘‘and the reason for such 
removal or transfer’’ and inserting ‘‘, the rea-
son for such removal or transfer, the name and 
position of the employee, and all charging docu-
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ments and evidence pertaining to such removal 
or transfer’’; 
(4) by striking subsections (d) and (e) and in-
serting the following: 
‘‘(d) PROCEDURE.—(1) The procedures under title 5 
shall not apply to any personnel action under this section. 
‘‘(2) A personnel action under this section— 
‘‘(A) may be appealed to the Senior Executive 
Disciplinary Appeals Board under section 723; and 
‘‘(B) may not be appealed to the Merit Systems 
Protection Board under section 7701 of title 5.’’; 
(5) by redesignating subsections (f) and (g) as 
subsections (e) and (f), respectively; and 
(6) in subsection (f), as redesignated by para-
graph (5), by adding at the end the following: 
‘‘(4) The term ‘suspend’ means the placing of 
an individual in a temporary status without duties 
and pay for a period greater than 14 days.’’. 
(c) REMOVAL OF EXPEDITED PROCEDURES.—Sec-
tion 707 of the Veterans Access, Choice, and Account-
ability Act of 2014 (38 U.S.C. 713 note) is amended by— 
(1) striking subsection (b); and 
(2) redesignating subsections (c) and (d) as 
subsections (b) and (c), respectively. 
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(d) SENIOR EXECUTIVE DISCIPLINARY APPEALS 
BOARD.—Chapter 7 is further amended by inserting after 
section 721, as added by section 6, the following new sec-
tion: 
‘‘§ 723. Senior Executive Disciplinary Appeals Board 
‘‘(a) The Secretary shall from time to time appoint 
a board to hear appeals of any personnel action taken 
under section 713. Such board shall be known as the Sen-
ior Executive Disciplinary Appeals Board (hereinafter re-
ferred to as the ‘Board’). Each Board shall consist of 3 
employees of the Department. The Board shall have exclu-
sive jurisdiction to review any personnel action under sec-
tion 713. 
‘‘(b) Upon an appeal of such a personnel action, the 
Senior Executive Disciplinary Appeals Board shall— 
‘‘(1) review all evidence provided by the Sec-
retary and the appellant; and 
‘‘(2) issue a decision not later than 21 days 
after the date of the appeal. 
‘‘(c) The Board shall afford an employee appealing 
a personnel action an opportunity for an oral hearing. If 
such a hearing is held, the appellant may be represented 
by counsel. 
‘‘(d) The Board shall uphold the decision of the Sec-
retary if— 
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‘‘(1) there is substantial evidence supporting 
the decision; and 
‘‘(2) the applicable personnel action is within 
the tolerable bounds of reasonableness. 
‘‘(e) If the Board issues a decision under this section 
that reverses or otherwise mitigates the applicable per-
sonnel action, the Secretary may reverse the decision of 
the Board. Consistent with the requirements of subsection 
(g), the decision of the Secretary under this subsection 
shall be final. 
‘‘(f) In any case in which the Board cannot issue a 
decision in accordance with the 21-day requirement under 
subsection (b)(2), the personnel action is final. 
‘‘(g) A petition to review a final order or final deci-
sion of the Secretary or the Board under this section shall 
be filed in the United States Court of Appeals for the Fed-
eral Circuit. Any decision by such Court shall be in compli-
ance with section 7462(f)(2) of this title. 
‘‘(h) During the period beginning on the date on 
which an individual appeals a removal from the civil serv-
ice under section 713(d) and ending on the date that the 
Board or Secretary 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.’’. 
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(e) TECHNICAL AND CLERICAL AMENDMENTS.— 
(1) TECHNICAL
AMENDMENT.—The section 
heading of section 713 is amended to read as fol-
lows: Senior executives: personnel actions 
based on performance or misconduct. 
(2) CLERICAL
AMENDMENTS.—The table of 
contents for such chapter is further amended— 
(A) by striking the item relating to section 
713 and inserting the following: 
‘‘713. Senior executives: personnel actions based on performance or mis-
conduct.’’; 
and 
(B) by adding at the end the following: 
‘‘723. Senior Executive Disciplinary Appeals Board.’’. 
(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion or section 731 of title 38, United States Code, (as 
added by subsection (c)) shall be construed to apply to 
an appeal of a removal, transfer, or other personnel action 
that was pending before the date of the enactment of this 
Act. 
SEC. 8. TREATMENT OF WHISTLEBLOWER COMPLAINTS IN 
DEPARTMENT OF VETERANS AFFAIRS. 
(a) IN GENERAL.—Chapter 7 is further amended by 
adding at the end the following new subchapter: 
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‘‘SUBCHAPTER II—WHISTLEBLOWER 
COMPLAINTS 
‘‘§ 741. Whistleblower complaint defined 
‘‘In this subchapter, the term ‘whistleblower com-
plaint’ means a complaint by an employee of the Depart-
ment disclosing, or assisting another employee to disclose, 
a potential violation of any law, rule, or regulation, or 
gross mismanagement, gross waste of funds, abuse of au-
thority, or substantial and specific danger to public health 
and safety. 
‘‘§ 742. Treatment of whistleblower complaints 
‘‘(a) FILING.—(1) In addition to any other method 
established by law in which an employee may file a whistle-
blower complaint, an employee of the Department may file 
a whistleblower complaint in accordance with subsection 
(g) with a supervisor of the employee. 
‘‘(2) Except as provided by subsection (d)(1), in mak-
ing a whistleblower complaint under paragraph (1), an 
employee shall file the initial complaint with the imme-
diate supervisor of the employee. 
‘‘(b) NOTIFICATION.—(1) Not later than four busi-
ness days after the date on which a supervisor receives 
a whistleblower complaint by an employee under this sec-
tion, the supervisor shall notify, in writing, the employee 
of whether the supervisor determines that there is a rea-
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sonable likelihood that the complaint discloses a violation 
of any law, rule, or regulation, or gross mismanagement, 
gross waste of funds, abuse of authority, or substantial 
and specific danger to public health and safety. The super-
visor shall retain written documentation regarding the 
whistleblower complaint and shall submit to the next-level 
supervisor a written report on the complaint. 
‘‘(2) On a monthly basis, the supervisor shall submit 
to the appropriate director or other official who is superior 
to the supervisor a written report that includes the num-
ber of whistleblower complaints received by the supervisor 
under this section during the month covered by the report, 
the disposition of such complaints, and any actions taken 
because of such complaints pursuant to subsection (c). In 
the case in which such a director or official carries out 
this paragraph, the director or official shall submit such 
monthly report to the supervisor of the director or official. 
‘‘(c) POSITIVE DETERMINATION.—If a supervisor 
makes a positive determination under subsection (b)(1) re-
garding a whistleblower complaint of an employee, the su-
pervisor shall include in the notification to the employee 
under such subsection the specific actions that the super-
visor will take to address the complaint. 
‘‘(d) FILING COMPLAINT WITH NEXT-LEVEL SUPER-
VISORS.—(1) If any circumstance described in paragraph 
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(3) is met, an employee may file a whistleblower complaint 
in accordance with subsection (g) with the next-level su-
pervisor who shall treat such complaint in accordance with 
this section. 
‘‘(2) An employee may file a whistleblower complaint 
with the Secretary if the employee has filed the whistle-
blower complaint to each level of supervisors between the 
employee and the Secretary in accordance with paragraph 
(1). 
‘‘(3) A circumstance described in this paragraph are 
any of the following circumstances: 
‘‘(A) A supervisor does not make a timely de-
termination under subsection (b)(1) regarding a 
whistleblower complaint. 
‘‘(B) The employee who made a whistleblower 
complaint determines that the supervisor did not 
adequately address the complaint pursuant to sub-
section (c). 
‘‘(C) The immediate supervisor of the employee 
is the basis of the whistleblower complaint. 
‘‘(e) TRANSFER OF EMPLOYEE WHO FILES WHIS-
TLEBLOWER COMPLAINT.—If a supervisor makes a posi-
tive determination under subsection (b)(1) regarding a 
whistleblower complaint filed by an employee, the Sec-
retary shall— 
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‘‘(1) inform the employee of the ability to vol-
unteer for a transfer in accordance with section 
3352 of title 5; and 
‘‘(2) give preference to the employee for such a 
transfer in accordance with such section. 
‘‘(f) PROHIBITION ON EXEMPTION.—The Secretary 
may not exempt any employee of the Department from 
being covered by this section. 
‘‘(g) WHISTLEBLOWER COMPLAINT FORM.—(1) A 
whistleblower complaint filed by an employee under sub-
section (a) or (d) shall consist of the form described in 
paragraph (2) and any supporting materials or docu-
mentation the employee determines necessary. 
‘‘(2) The form described in this paragraph is a form 
developed by the Secretary, in consultation with the Spe-
cial Counsel, that includes the following: 
‘‘(A) An explanation of the purpose of the whis-
tleblower complaint form. 
‘‘(B) Instructions for filing a whistleblower 
complaint as described in this section. 
‘‘(C) An explanation that filing a whistleblower 
complaint under this section does not preclude the 
employee from any other method established by law 
in which an employee may file a whistleblower com-
plaint. 
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