I 
114TH CONGRESS 
1ST SESSION 
H. R. 473 
To amend title 38, United States Code, to improve the accountability of 
employees of the Department of Veterans Affairs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 22, 2015 
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 improve the 
accountability of employees of the Department of Vet-
erans Affairs, 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 ‘‘Increasing the Depart-
ment of Veterans Affairs Accountability to Veterans Act 
of 2015’’. 
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SEC. 2. REDUCTION OF BENEFITS FOR MEMBERS OF THE 
SENIOR EXECUTIVE SERVICE WITHIN THE 
DEPARTMENT OF VETERANS AFFAIRS CON-
VICTED OF CERTAIN CRIMES. 
(a) IN GENERAL.—Chapter 7 of title 38, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 715. Senior executives: reduction of benefits of in-
dividuals convicted of certain crimes 
‘‘(a) REDUCTION OF ANNUITY FOR REMOVED EM-
PLOYEE.—The covered service of an individual removed 
from a senior executive position under section 713 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 the individual is convicted of 
a felony that influenced the individual’s performance while 
employed in the senior executive position. 
‘‘(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 under section 713 but who leaves employ-
ment 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 re-
spect to such individual under chapter 83 or chapter 84 
of title 5, if the individual is convicted of a felony that 
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influenced the individual’s performance while employed in 
the senior executive position. 
‘‘(2) The Secretary shall make such an order not 
later than 7 days after the date on which such individual 
is convicted of such felony. 
‘‘(3) Not later than 30 days after the Secretary issues 
any order with respect to an individual under paragraph 
(1), the Director of the Office of Personnel Management 
shall recalculate the annuity of the individual. 
‘‘(c) 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. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered service’ means, with re-
spect to an individual subject to a removal or trans-
fer action under section 713, the period of service 
beginning on the date that the Secretary determines 
under such section that such individual engaged in 
activity that gave rise to such action and ending on 
the date that such individual is removed from the 
civil service or leaves employment at the Department 
prior to the issuance of a final decision with respect 
to such action, as the case may be. 
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‘‘(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). 
‘‘(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.’’. 
(b) APPLICATION.—The amendment made by sub-
section (a) shall apply to any action of removal or transfer 
under section 713 of title 38, United States Code, com-
mencing on or after the date of enactment of this section. 
(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘715. Senior executives: reduction of benefits of individuals convicted of certain 
crimes.’’. 
SEC. 3. REFORM OF PERFORMANCE APPRAISAL SYSTEM 
FOR SENIOR EXECUTIVE SERVICE EMPLOY-
EES OF THE DEPARTMENT OF VETERANS AF-
FAIRS. 
(a) PERFORMANCE APPRAISAL SYSTEM.— 
(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. Senior executives: performance appraisal 
‘‘(a) PERFORMANCE APPRAISAL SYSTEM.—(1) The 
performance appraisal system for individuals employed in 
senior executive positions in the Department required by 
section 4312 of title 5 shall provide, in addition to the 
requirements of such section, for five annual summary rat-
ings of levels of performance as follows: 
‘‘(A) One outstanding level. 
‘‘(B) One exceeds fully successful level. 
‘‘(C) One fully successful level. 
‘‘(D) One minimally satisfactory level. 
‘‘(E) One unsatisfactory level. 
‘‘(2) The following limitations apply to the rating of 
the performance of such individuals: 
‘‘(A) For any year, not more than 10 percent 
of such individuals who receive a performance rating 
during that year may receive the outstanding level 
under paragraph (1)(A). 
‘‘(B) For any year, not more than 20 percent 
of such individuals who receive a performance rating 
during that year may receive the exceeds fully suc-
cessful level under paragraph (1)(B). 
‘‘(3) In evaluating the performance of an individual 
under the performance appraisal system, the Secretary 
shall take into consideration any complaint or report (in-
cluding any pending or published report) submitted by the 
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Inspector General of the Department, the Comptroller 
General of the United States, the Equal Employment Op-
portunity Commission, or any other appropriate person or 
entity, related to any facility or program managed by the 
individual. 
‘‘(b) CHANGE OF POSITION.—(1) At least once every 
five years, the Secretary shall reassign each individual em-
ployed in a senior executive position to a position at a dif-
ferent location that does not include the supervision of the 
same personnel or programs. 
‘‘(2) The Secretary may waive the requirement under 
paragraph (1) for any such individual, if the Secretary 
submits to the Committees on Veterans’ Affairs of the 
Senate and House of Representatives notice of the waiver 
and an explanation of the reasons for the waiver. 
‘‘(c) REPORT.—Not later than March 1 of each year, 
the Secretary shall submit to the Committees on Veterans’ 
Affairs of the Senate and House of Representatives a re-
port on the performance appraisal system of the Depart-
ment under subsection (a). Each such report shall include, 
for the year preceding the year during which the report 
is submitted, all documentation concerning each of the fol-
lowing for each individual employed in a senior executive 
position in the Department: 
‘‘(1) The initial performance appraisal. 
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