I 
114TH CONGRESS 
1ST SESSION H. R. 2999 
To amend title 38, United States Code, to improve the authority of the 
Secretary of Veterans Affairs to suspend and remove employees of the 
Department of Veterans Affairs for performance or misconduct that 
is a threat to public health or safety. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 9, 2015 
Mr. TAKANO introduced the following bill; which was referred to the 
Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to improve the 
authority of the Secretary of Veterans Affairs to suspend 
and remove employees of the Department of Veterans 
Affairs for performance or misconduct that is a threat 
to public health or safety. 
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 ‘‘Fair VA Accountability 
Act’’. 
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SEC. 2. SUSPENSION AND REMOVAL OF DEPARTMENT OF 
VETERANS AFFAIRS EMPLOYEES FOR PER-
FORMANCE OR MISCONDUCT THAT IS A 
THREAT TO PUBLIC HEALTH OR SAFETY. 
(a) IN GENERAL.—Chapter 7 of title 38, United 
States Code, is amended by adding after section 713 the 
following new section: 
‘‘§ 715. Employees: suspension and removal for per-
formance or misconduct that is a threat 
to public health or safety 
‘‘(a) SUSPENSION AND REMOVAL.—Subject to sub-
sections (b) and (c), the Secretary may— 
‘‘(1) suspend without pay an employee of the 
Department of Veterans Affairs if the Secretary de-
termines the performance or misconduct of the em-
ployee is a clear and direct threat to public health 
or safety; and 
‘‘(2) remove an employee suspended under 
paragraph (1) when, after such investigation and re-
view as the Secretary considers necessary, the Sec-
retary determines that removal is necessary in the 
interests of public health or safety. 
‘‘(b) PROCEDURE.—An employee suspended under 
subsection (a)(1) is entitled, after suspension and before 
removal, to— 
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‘‘(1) within 30 days after suspension, a written 
statement of the specific charges against the em-
ployee, which may be amended within 30 days there-
after; 
‘‘(2) an opportunity within 30 days thereafter, 
plus an additional 30 days if the charges are amend-
ed, to answer the charges and submit affidavits; 
‘‘(3) a hearing, at the request of the employee, 
by a Department authority duly constituted for this 
purpose; 
‘‘(4) a review of the case by the Secretary, be-
fore a decision adverse to the employee is made 
final; and 
‘‘(5) written statement of the decision of the 
Secretary. 
‘‘(c) RELATION TO OTHER DISCIPLINARY RULES.— 
The authority provided under this section shall be in addi-
tion to the authority provided under section 713 and title 
5 with respect to disciplinary actions for performance or 
misconduct. 
‘‘(d) BACK PAY FOR WHISTLEBLOWERS.—If any em-
ployee of the Department of Veterans Affairs is subject 
to a suspension or removal under this section and such 
suspension or removal is determined by an appropriate au-
thority under applicable law, rule, regulation, or collective 
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bargaining agreement to be a prohibited personnel prac-
tice described under section 2302(b)(8) or (9) of title 5, 
such employee shall receive back pay equal to the total 
amount of basic pay that such employee would have re-
ceived during the period that the suspension and removal 
(as the case may be) was in effect, less any amounts 
earned by the employee through other employment during 
that period. 
‘‘(e) DEFINITIONS.—In this section, the term ‘em-
ployee’ means any individual occupying a position within 
the Department of Veterans Affairs under a permanent 
or indefinite appointment and who is not serving a proba-
tionary or trial period.’’. 
(b) CLERICAL AND CONFORMING AMENDMENTS.— 
(1) CLERICAL.—The table of sections at the be-
ginning of such chapter is amended by adding after 
the item relating to section 713 the following new 
item: 
‘‘715. Employees: suspension and removal for performance or misconduct that 
is a threat to public health or safety.’’. 
(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 
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(C) by adding at the end the following: 
‘‘(4) any suspension or removal under section 
715 of title 38.’’. 
(c) REPORT ON SUSPENSIONS AND REMOVALS.—Not 
later than one year after the date of the enactment of this 
Act, the Inspector General of the Department of Veterans 
Affairs shall submit to the Committees on Veterans’ Af-
fairs of the House of Representatives and the Senate a 
report on suspensions and removals of employees of the 
Department made under section 715 of title 38, United 
States Code, as added by subsection (a). Such report shall 
include, with respect to the period covered by the report, 
the following: 
(1) The number of employees who were sus-
pended under such section. 
(2) The number of employees who were re-
moved under such section. 
(3) A description of the threats to public health 
or safety that caused such suspensions and remov-
als. 
(4) The number of such suspensions or remov-
als, or proposed suspensions or removals, that were 
of employees who filed a complaint regarding— 
(A) an alleged prohibited personnel prac-
tice committed by an officer or employee of the 
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Department 
and 
described 
in 
section 
2302(b)(8) or 2302(b)(9)(A)(i), (B), (C), or 
(D) of title 5, United States Code; or 
(B) the safety of a patient at a medical fa-
cility of the Department. 
(5) Of the number of suspensions and removals 
listed under paragraph (4), the number that the In-
spector General considers to be retaliation for whis-
tleblowing. 
(6) The number of such suspensions or remov-
als that were of an employee who was the subject of 
a complaint made to the Department regarding the 
health or safety of a patient at a medical facility of 
the Department. 
(7) Any recommendations by the Inspector 
General, based on the information described in para-
graphs (1) through (6), to improve the authority to 
make such suspensions and removals. 
SEC. 3. PROHIBITION ON CERTAIN FORMER EMPLOYEE’S 
ACCEPTANCE OF COMPENSATION FROM CON-
TRACTOR. 
(a) IN GENERAL.—Chapter 7 of title 38, United 
States Code, is further amended by adding after section 
715, as added by section 2, the following new section: 
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‘‘§ 717. Prohibition on certain former employee’s ac-
ceptance of compensation from contrac-
tors of the Department 
‘‘(a) IN GENERAL.—An individual who was formerly 
employed in a senior executive position at the Department 
may not accept compensation from a covered contractor 
as an employee, officer, director, or consultant of the cov-
ered contractor during the one-year period beginning on 
the date on which the individual was last employed in a 
senior executive position at the Department. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered contractor’ means a 
contractor carrying out a contract entered into with 
the Department, including pursuant to a sub-
contract. 
‘‘(2) The term ‘senior executive position’ has 
the meaning given such term in section 713(g) of 
this title.’’. 
(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: 
‘‘717. Prohibition on certain former employee’s acceptance of compensation from 
contractors of the Department.’’. 
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SEC. 4. LIMITATION ON CONTRACTING WITH ENTITIES EM-
PLOYING CERTAIN RECENTLY SEPARATED 
DEPARTMENT EMPLOYEES. 
(a) IN GENERAL.—Subchapter II of chapter 81 of 
title 38, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 8129. Limitation on contracting with entities em-
ploying certain recently separated De-
partment employees 
‘‘(a) IN GENERAL.—The Secretary may not enter 
into a contract with any entity if the entity employs an 
individual who is prohibited from accepting compensation 
from a contractor under section 717 of this title. 
‘‘(b) CERTIFICATION.—Before entering into a con-
tract with any entity, the Secretary shall require the entity 
to submit to the Secretary certification that the entity 
does not employ, and will not employ during the period 
covered by the contract, any individual who is prohibited 
from accepting compensation from a contractor under sec-
tion 717 of this title. 
‘‘(c) DEFINITIONS.—In this section, the term ‘senior 
executive position’ has the meaning given such term in 
section 713(g)(3) of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
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after the item relating to section 8128 the following new 
item: 
‘‘8129. Limitation of contracting with entities employing certain recently sepa-
rated Department employees.’’. 
SEC. 5. LIMITATION ON ADMINISTRATIVE LEAVE FOR EM-
PLOYEES WITHIN THE DEPARTMENT OF VET-
ERANS AFFAIRS. 
(a) IN GENERAL.—Chapter 7 of title 38, United 
States Code, is further amended by adding after section 
717, as added by section 3, the following new section: 
‘‘§ 719. Administrative leave limitation and report 
‘‘(a) LIMITATION
APPLICABLE
TO
EMPLOYEES 
WITHIN THE DEPARTMENT OF VETERANS AFFAIRS.—(1) 
The Secretary may not place any covered individual on 
administrative leave, or any other type of paid non-duty 
status without charge to leave, for more than a total of 
14 days during any 365-day period. 
‘‘(2) The Secretary may waive the limitation under 
paragraph (1) and extend the administrative leave or other 
paid non-duty status without charge to leave of a covered 
individual placed on such leave or status under paragraph 
(1) if the Secretary submits to the Committees on Vet-
erans’ Affairs of the Senate and House of Representatives 
a detailed explanation of the reasons the individual was 
placed on administrative leave or other paid non-duty sta-
tus without charge to leave and the reasons for the exten-
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sion of such leave or status. Such explanation shall include 
the name of the covered individual, the location where the 
individual is employed, and the individual’s job title. 
‘‘(3) In this subsection, the term ‘covered individual’ 
means an employee of the Department— 
‘‘(A) who is subject to an investigation for pur-
poses of determining whether such individual should 
be subject to any disciplinary action under this title 
or title 5; or 
‘‘(B) against whom any disciplinary action is 
proposed or initiated under this title or title 5. 
‘‘(b) REPORT ON ADMINISTRATIVE LEAVE.—(1) Not 
later than 30 days after the end of each quarter of any 
calendar year, the Secretary shall submit to the Commit-
tees on Veterans’ Affairs of the House of Representatives 
and the Senate a report listing the name of any employee 
of the Department (if any) who has been placed on admin-
istrative leave, or any other type of paid non-duty status, 
for a period longer than 7 days during such quarter. 
‘‘(2) Any report submitted under subsection (a) shall 
include, with respect to any employee listed in such report, 
the position occupied by the employee, the number of days 
of such leave, and the reason that such employee was 
placed on such leave.’’. 
(b) APPLICATION.— 
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(1) ADMINISTRATIVE LEAVE LIMITATION.—Sec-
tion 719(a) of title 38, United States Code (as 
added by subsection (a)), shall apply to any action 
of removal or transfer under section 713 of such 
title or title 5, United States Code, commencing on 
or after the date of enactment of this section. 
(2) REPORT.—The report under section 719(b) 
of such title (as added by subsection (a)) shall begin 
to apply in the quarter that ends after the date that 
is 6 months after the date of enactment of this sec-
tion. 
(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter 7 is amended by adding 
at the end the following new item: 
‘‘719. Administrative leave limitation and report.’’. 
Æ 
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