IB 
Union Calendar No. 170 
114TH CONGRESS 
1ST SESSION H. R. 1994 
[Report No. 114–225, Part I] 
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 
JULY 23, 2015 
Additional sponsors: Mr. BABIN, Mr. LATTA, Mr. ROUZER, Mrs. RADEWAGEN, 
Ms. SINEMA, Mr. FARENTHOLD, Mr. BILIRAKIS, Mr. WESTMORELAND, 
Mr. STEWART, Mr. JONES, Mr. ROTHFUS, Mr. CARTER of Georgia, Mr. 
HENSARLING, Mr. SMITH of Texas, Mr. JOYCE, Mr. DENT, Mr. PETERS, 
Mr. TOM PRICE of Georgia, Mr. KLINE, Mr. BOUSTANY, Mr. CRAMER, 
Ms. MCSALLY, Mrs. MCMORRIS RODGERS, Mr. EMMER of Minnesota, 
Mr. LAMBORN, Mr. BISHOP of Michigan, Mr. BUCHANAN, Mr. ZELDIN, 
Mr. DESANTIS, Mr. HILL, Mr. YOHO, Mr. SENSENBRENNER, Mr. GIBBS, 
Mr. THORNBERRY, Mr. SALMON, Mr. MCCAUL, Mr. JODY B. HICE of 
Georgia, Mr. PEARCE, Mr. LAMALFA, Mr. KNIGHT, Mr. SIMPSON, Mr. 
AMODEI, Mrs. ROBY, Mr. COFFMAN, Mr. MESSER, Mr. HUNTER, Mr. 
LOUDERMILK, Mr. GRAVES of Georgia, Mr. JOHNSON of Ohio, Mr. CAR-
TER of Texas, Mr. WEBER of Texas, Mr. CULBERSON, Mr. WILLIAMS, 
Mrs. WALORSKI, Mr. HURD of Texas, Mr. GOSAR, Mr. WITTMAN, Mr. 
CURBELO of Florida, Mr. ZINKE, Mr. TIPTON, Mr. PERRY, Mr. OLSON, 
Mr. ROONEY of Florida, Mr. GUINTA, Mr. PITTENGER, Mr. HUDSON, Mr. 
GOODLATTE, Mr. MICA, Mr. BARR, Mr. GARRETT, Mr. WALBERG, Mrs. 
LUMMIS, Mr. WEBSTER of Florida, Mr. BOST, Mr. RIGELL, Mrs. 
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ELLMERS of North Carolina, Mr. GIBSON, Mr. MARINO, Mr. BRAT, Ms. 
HERRERA BEUTLER, Mrs. MIMI WALTERS of California, Mr. NEWHOUSE, 
Mrs. LOVE, Mr. PALAZZO, Mr. FRELINGHUYSEN, Mr. FLORES, Ms. 
GRANGER, Mr. POE of Texas, Mr. COOK, Mr. ALLEN, Mr. YOUNG of 
Iowa, Mr. KATKO, and Mr. THOMPSON of Pennsylvania 
JULY 23, 2015 
Deleted sponsor: Mrs. LAWRENCE (added May 12, 2015; deleted June 2, 
2015) 
JULY 23, 2015 
Reported from the Committee on Veterans’ Affairs with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
JULY 23, 2015 
The Committee on Oversight and Government Reform discharged; committed 
to the Committee of the Whole House on the State of the Union and or-
dered to be printed 
[For text of introduced bill, see copy of bill as introduced on April 23, 2015] 
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. 
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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’’. 
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 following new 
section: 
‘‘§ 715. Employees: removal or demotion based on per-
formance or misconduct 
‘‘(a) IN GENERAL.—The Secretary may remove or de-
mote an individual who is an employee of the Department 
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 
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‘‘(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 indi-
vidual subject to a demotion under subsection (a)(2)(A) 
shall, beginning 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 
(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 
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appealed to the Merit Systems Protection Board under sec-
tion 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 de-
motion. 
‘‘(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 removal or 
demotion is final, submit to Congress and the Committees 
on Veterans’ Affairs of the Senate and House of Representa-
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tives a report that explains the reasons why a decision was 
not issued in accordance with such requirement. 
‘‘(4) The Merit Systems Protection Board or adminis-
trative judge may not stay any removal or demotion under 
this section. 
‘‘(5) During the period beginning on the date on which 
an individual appeals a removal from the civil service 
under subsection (d) and ending on the date that the ad-
ministrative 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 Secretary 
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 assistance as may 
be necessary to ensure an appeal under this subsection is 
expedited. 
‘‘(f) WHISTLEBLOWER PROTECTION.—(1) 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 personnel practice 
described in section 2302(b) of title 5, the Secretary may 
not remove or demote such individual under subsection (a) 
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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 731 
of this title, the Secretary may not remove or demote such 
individual under subsection (a) until the central whistle-
blower office under section 732(h) of this title has made a 
final decision with respect to the whistleblower complaint. 
‘‘(g) TERMINATION OF INVESTIGATIONS BY OFFICE OF 
SPECIAL COUNSEL.—Notwithstanding any other provision 
of law, the Special Counsel (established by section 1211 of 
title 5) may terminate an investigation of a prohibited per-
sonnel 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 rea-
sons for the termination of the investigation. Such state-
ment may not be admissible as evidence in any judicial 
or administrative proceeding without the consent of such 
employee or former employee. 
‘‘(h) 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. 
‘‘(i) DEFINITIONS.—In this section: 
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‘‘(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 
‘‘(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 (re-
lating 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 sec-
tion 3132(a) of title 5; or 
‘‘(C) employed in a position of a confiden-
tial or policy-determining character under sched-
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ule 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 such chapter is amended by adding at the 
end 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. 3. REQUIRED PROBATIONARY PERIOD FOR NEW EM-
PLOYEES OF DEPARTMENT OF VETERANS AF-
FAIRS. 
(a) PROBATIONARY PERIOD.— 
(1) IN GENERAL.—Chapter 7 of title 38, United 
States Code, as amended by section 2, is further 
amended by adding at the end the following new sec-
tion: 
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‘‘§ 717. Probationary period for employees 
‘‘(a) IN GENERAL.—Notwithstanding sections 3321 
and 3393(d) of title 5, the appointment of a covered em-
ployee shall become final only after such employee has 
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 whether 
the appointment becomes final based on regulations pre-
scribed for such purpose by the Secretary.’’. 
(2) CLERICAL AND CONFORMING AMENDMENTS.— 
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SEC. 4. TREATMENT OF WHISTLEBLOWER COMPLAINTS IN 
DEPARTMENT OF VETERANS AFFAIRS. 
(a) IN GENERAL.—Chapter 7 of title 38, United States 
Code, is further amended by adding at the end the following 
new subchapter: 
‘‘SUBCHAPTER II—WHISTLEBLOWER 
COMPLAINTS 
‘‘§ 731. Whistleblower complaint defined 
‘‘In this subchapter, the term ‘whistleblower complaint’ 
means a complaint by an employee of the Department dis-
closing, or assisting another employee to disclose, a poten-
tial violation of any law, rule, or regulation, or gross mis-
management, gross waste of funds, abuse of authority, or 
substantial and specific danger to public health and safety. 
‘‘§ 732. Treatment of whistleblower complaints 
‘‘(a) FILING.—(1) In addition to any other method es-
tablished 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 em-
ployee shall file the initial complaint with the immediate 
supervisor of the employee. 
‘‘(b) NOTIFICATION.—(1) Not later than four business 
days after the date on which a supervisor receives a whistle-
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blower complaint by an employee under this section, the 
supervisor shall notify, in writing, the employee of whether 
the supervisor determines that there is a reasonable likeli-
hood 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 supervisor shall re-
tain written documentation regarding the whistleblower 
complaint and shall submit to the next-level supervisor and 
the central whistleblower office described in subsection (h) 
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 number 
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 month-
ly report to the supervisor of the director or official and 
to the central whistleblower office described in subsection 
(h). 
‘‘(c) POSITIVE
DETERMINATION.—If a supervisor 
makes a positive determination under subsection (b)(1) re-
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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 
(3) is met, an employee may file a whistleblower complaint 
in accordance with subsection (g) with the next-level super-
visor 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 deter-
mination under subsection (b)(1) regarding a whistle-
blower complaint. 
‘‘(B) The employee who made a whistleblower 
complaint determines that the supervisor did not ade-
quately address the complaint pursuant to subsection 
(c). 
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‘‘(C) The immediate supervisor of the employee 
is the basis of the whistleblower complaint. 
‘‘(e) TRANSFER OF EMPLOYEE WHO FILES WHISTLE-
BLOWER COMPLAINT.—If a supervisor makes a positive de-
termination under subsection (b)(1) regarding a whistle-
blower complaint filed by an employee, the Secretary 
shall— 
‘‘(1) inform the employee of the ability to volun-
teer 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 para-
graph (2) and any supporting materials or documentation 
the employee determines necessary. 
‘‘(2) The form described in this paragraph is a form 
developed by the Secretary, in consultation with the Special 
Counsel, that includes the following: 
‘‘(A) An explanation of the purpose of the whis-
tleblower complaint form. 
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‘‘(B) Instructions for filing a whistleblower com-
plaint 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. 
‘‘(D) A statement directing the employee to in-
formation accessible on the Internet website of the De-
partment as described in section 735(c). 
‘‘(E) Fields for the employee to provide— 
‘‘(i) the date that the form is submitted; 
‘‘(ii) the name of the employee; 
‘‘(iii) the contact information of the em-
ployee; 
‘‘(iv) a summary of the whistleblower com-
plaint (including the option to append sup-
porting documents pursuant to paragraph (1)); 
and 
‘‘(v) proposed solutions to complaint. 
‘‘(F) Any other information or fields that the 
Secretary determines appropriate. 
‘‘(3) The Secretary, in consultation with the Special 
Counsel, shall develop the form described in paragraph (2) 
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by not later than 60 days after the date of the enactment 
of this section. 
‘‘(h) CENTRAL WHISTLEBLOWER OFFICE.—(1) The 
Secretary shall ensure that the central whistleblower of-
fice— 
‘‘(A) is not an element of the Office of the Gen-
eral Counsel; 
‘‘(B) is not headed by an official who reports to 
the General Counsel; 
‘‘(C) does not provide, or receive from, the Gen-
eral Counsel any information regarding a whistle-
blower complaint except pursuant to an action re-
garding the complaint before an administrative body 
or court; and 
‘‘(D) does not provide advice to the General 
Counsel. 
‘‘(2) The central whistleblower office shall be respon-
sible for investigating all whistleblower complaints of the 
Department, regardless of whether such complaints are 
made by or against an employee who is not a member of 
the Senior Executive Service. 
‘‘(3) The Secretary shall ensure that the central whis-
tleblower office maintains a toll-free hotline to anonymously 
receive whistleblower complaints. 
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