II 115th CONGRESS 1st Session S. 57 IN THE SENATE OF THE UNITED STATES January 5, 2017 Mr. Cassidy (for himself, Mr. Crapo , Mr. Grassley , Mr. Daines , Mr. Flake , and Mr. Johnson ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To require the Secretary of Veterans Affairs to revoke bonuses paid to employees involved in electronic wait list manipulations, and for other purposes.

1. Prohibition on award of bonuses to employees subject of adverse findings (a) In general Chapter 7 of title 38, United States Code, is amended by adding at the end the following new section: 717. Prohibition on award of bonuses to employees subject of adverse findings (a) Prohibition (1) Notwithstanding any other provision of law, in a case in which the Secretary makes an adverse finding relating to an employee of the Department, the Secretary may not award a bonus to such employee until the earlier of— (A) the date that is five years after the end of the fiscal year in which the adverse finding was made; or (B) the date that the finding is found to have been made in error. (2) The Secretary may base an adverse finding under paragraph (1) on an investigation by, determination of, or information provided by the Inspector General of the Department or another senior ethics official of the Department or the Comptroller General of the United States in connection with the carrying out by such official of an activity, authority, or function under a provision of law other than this section. (b) Previously awarded bonuses If the Secretary makes an adverse finding relating to an employee under subsection (a), the Secretary, after notice and an opportunity for a hearing, shall issue an order directing the employee to repay the amount of any bonus awarded to the employee during the year during which the adverse finding is made, unless such finding is found to have been made in error. (c) Definitions In this section: (1) The term adverse finding relating to an employee means a determination that the conduct of the employee— (A) violated a policy of the Department for which the employee may be removed or suspended; or (B) violated a law for which the employee may be imprisoned for more than 1 year. (2) The term bonus means any bonus or cash award, including— (A) an award under chapter 45 of title 5; (B) an award under section 5384 of such title; and (C) a retention bonus under section 5754 of such title. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 717. Prohibition on award of bonuses to employees subject of adverse findings. . 2. Retention of records of reprimands and admonishments received by employees of the Department of Veterans Affairs (a) In general Chapter 7 of title 38, United States Code, as amended by section 1, is further amended by adding at the end the following new section: 719. Record of reprimands and admonishments If any employee of the Department receives a reprimand or admonishment, the Secretary shall retain a copy of such reprimand or admonishment in the permanent record of the employee as long as the employee is employed by the Department. . (b) Clerical amendment The table of sections at the beginning of such chapter, as amended by section 1, is further amended by adding at the end the following new item: 719. Record of reprimands and admonishments. .