‘‘(B) The higher level review, if requested. 
‘‘(C) The recommendations of the perform-
ance review board. 
‘‘(D) The final summary review. 
‘‘(E) The number of initial performance 
ratings raised as a result of the recommendations 
of the performance review board. 
‘‘(F) The number of initial performance 
ratings lowered as a result of the recommenda-
tions of the performance review board. 
‘‘(G) Any adverse action taken against any 
such individual who receives a performance rat-
ing of less than fully successful. 
‘‘(2) The review of the Inspector General of the 
Department of the information described in subpara-
graphs (A) through (D) of paragraph (1). 
‘‘(3) A summary of the documentation provided 
under paragraph (1). 
‘‘(d) DEFINITION OF SENIOR EXECUTIVE POSITION.— 
In this section, the term ‘senior executive position’ has the 
meaning given that term in section 713(g)(3) of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter, as amended by 
section 3, is further amended by inserting after the 
item relating to section 717 the following new item: 
‘‘719. Senior executives: performance appraisal.’’. 
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(3) CONFORMING AMENDMENT.—Section 4312(b) 
of title 5, United States Code, is amended— 
(A) in paragraph (2), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (3), by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(4) that, in the case of the Department of Vet-
erans Affairs, the performance appraisal system meets 
the requirements of section 719 of title 38.’’. 
(b) REVIEW OF SES MANAGEMENT TRAINING.— 
(1) REVIEW.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Vet-
erans Affairs shall enter into a contract with a non-
governmental entity to review the management train-
ing program for individuals employed in senior exec-
utive positions (as such term is defined in section 
713(g)(3) of title 38, United States Code) of the De-
partment of Veterans Affairs that is being provided as 
of the date of the enactment of this Act. Such review 
shall include a comparison of the training provided 
by the Department of Veterans Affairs to the manage-
ment training provided for senior executives of other 
Federal departments and agencies and to the manage-
ment training provided to senior executives in the 
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private sector. The contract shall provide that the 
nongovernmental entity must complete and submit to 
the Secretary a report containing the findings and 
conclusions of the review by not later than 180 days 
after the date on which the Secretary and the non-
governmental entity enter into the contract. 
(2) REPORT TO CONGRESS.—Not later than 60 
days after the date on which the Secretary receives the 
report under paragraph (1), the Secretary shall sub-
mit to the Committees on Veterans’ Affairs of the Sen-
ate and House of Representatives the report together 
with a plan for carrying out the recommendations 
contained in the report. 
SEC. 6. REDUCTION OF BENEFITS FOR MEMBERS OF THE 
SENIOR EXECUTIVE SERVICE WITHIN THE DE-
PARTMENT 
OF 
VETERANS 
AFFAIRS 
CON-
VICTED OF CERTAIN CRIMES. 
(a) REDUCTION OF BENEFITS.— 
(1) IN GENERAL.—Chapter 7 of title 38, United 
States Code, is further amended by inserting after sec-
tion 719, as added by section 5, the following new sec-
tion: 
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‘‘§ 721. Senior executives: reduction of benefits of indi-
viduals convicted of certain crimes 
‘‘(a) REDUCTION
OF ANNUITY
FOR REMOVED EM-
PLOYEE.—The Secretary shall order that the covered service 
of an individual removed from a senior executive position 
under section 713 of this title shall not be taken into ac-
count for purposes of calculating an annuity with respect 
to such individual under chapter 83 or chapter 84 of title 
5, if— 
‘‘(1) the individual is convicted of a felony that 
influenced the individual’s performance while em-
ployed in the senior executive position; and 
‘‘(2) before such order is made, the individual is 
afforded notice and an opportunity for a hearing con-
ducted by another department or agency of the Fed-
eral Government. 
‘‘(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 of this title 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— 
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‘‘(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 con-
ducted by another department or agency of the Fed-
eral 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 sub-
section (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 
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. 
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‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered service’ means, with re-
spect to an individual subject to a removal or transfer 
action under section 713 of this title, the period of 
service beginning on the date that the Secretary deter-
mines under such section that such individual en-
gaged 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 De-
partment 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 719, as added by section 5, the following new 
item: 
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‘‘721. Senior executives: reduction of benefits of individuals convicted of certain 
crimes.’’. 
(b) APPLICATION.—Section 721 of title 38, United 
States Code, as added by subsection (a)(1), shall apply to 
any action of removal or transfer under section 713 of title 
38, United States Code, commencing on or after the date 
of the enactment of this Act. 
SEC. 7. LIMITATION ON ADMINISTRATIVE LEAVE FOR EM-
PLOYEES DEPARTMENT OF VETERANS AF-
FAIRS. 
(a) LIMITATION.— 
(1) IN GENERAL.—Chapter 7 of title 38, United 
States Code, is further amended by inserting after sec-
tion 721, as added by section 6, the following new sec-
tion: 
‘‘§ 723. Limitation on administrative leave 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), 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. 
‘‘(b) WAIVER.—The Secretary may waive the limita-
tion under subsection (a) 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 
subsection (a) if the Secretary submits to the Committees 
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on Veterans’ Affairs of the Senate and House of Representa-
tives a detailed explanation of the reasons the individual 
was placed on administrative leave or other paid non-duty 
status without charge to leave and the reasons for the exten-
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. 
‘‘(c) COVERED INDIVIDUAL.—In this subsection, the 
term ‘covered individual’ means an employee of the Depart-
ment— 
‘‘(1) 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 
‘‘(2) against whom any disciplinary action is 
proposed or initiated under this title or title 5.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter, as amended by 
section 6, is further amended by inserting after the 
item relating to section 721 the following new item: 
‘‘723. Limitation on administrative leave.’’. 
(b) APPLICATION.—Section 723 of title 38, United 
States Code, as added by subsection (a)(1), shall apply with 
respect to any 365-day period beginning on or after the date 
of enactment of this Act. 
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SEC. 8. TREATMENT OF CONGRESSIONAL TESTIMONY BY 
DEPARTMENT OF VETERANS AFFAIRS EM-
PLOYEES AS OFFICIAL DUTY. 
(a) IN GENERAL.—Chapter 7 of title 38, United States 
Code, is further amended by inserting after section 723, as 
added by section 7, the following new section: 
‘‘§ 725. Congressional testimony by employees: treat-
ment as official duty 
‘‘(a) CONGRESSIONAL TESTIMONY.—An employee of 
the Department is performing official duty during the pe-
riod with respect to which the employee is testifying in an 
official capacity in front of either House of Congress, a com-
mittee of either House of Congress, or a joint or select com-
mittee of Congress. 
‘‘(b) TRAVEL EXPENSES.—The Secretary shall provide 
travel expenses, including per diem in lieu of subsistence, 
in accordance with applicable provisions under subchapter 
I of chapter 57 of title 5, to any employee of the Department 
of Veterans Affairs performing official duty described under 
subsection (a).’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is further amended by insert-
ing after the item relating to section 723, as added by sec-
tion 7, the following new item: 
‘‘725. Congressional testimony by employees: treatment as official duty.’’. 
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SEC. 9. LIMITATION ON AWARDS AND BONUSES PAID TO 
EMPLOYEES OF DEPARTMENT OF VETERANS 
AFFAIRS. 
Section 705 of the Veterans Access, Choice, and Ac-
countability Act of 2014 (Public Law 113–146; 38 U.S.C. 
703 note) is amended to read as follows: 
‘‘SEC. 705. LIMITATION ON AWARDS AND BONUSES PAID TO 
EMPLOYEES OF DEPARTMENT OF VETERANS 
AFFAIRS. 
‘‘The Secretary of Veterans Affairs shall ensure that 
the aggregate amount of awards and bonuses paid by the 
Secretary in a fiscal year under chapter 45 or 53 of title 
5, United States Code, or any other awards or bonuses au-
thorized under such title or title 38, United States Code, 
does not exceed the following amounts: 
‘‘(1) With respect to each of fiscal years 2015 
through 2018, $300,000,000. 
‘‘(2) With respect to each of fiscal years 2019 
through 2024, $360,000,000.’’. 
SEC. 10. 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 Comptroller Gen-
eral of the United States shall conduct a study on the 
amount of time spent by Department of Veterans Affairs 
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employees carrying out organizing activities relating to 
labor organizations and the amount of space in Department 
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 subsection 
(a), the Comptroller General shall submit to the Committees 
on Veterans’ Affairs of the Senate and House of Representa-
tives a report on the results of the study. 
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Union Calendar No. 170 
114TH CONGRESS 
1ST SESSION 
H. R. 1994 
[Report No. 114–225, Part I] 
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 per-
formance or misconduct, and for other purposes. 
JULY 23, 2015 
Reported from the Committee on Veterans’ Affairs with 
an amendment 
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 ordered to be 
printed 
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