,i  #aadth ,,congress  #ast ,session    
,h4 ,r4 #biii  ,,in ,,the ,,house ,,of  
,,representatives  ,july #i1 #bjae ,mr4 
,takano introduced the following bill2  
which was referred to the ,committee on 
,veterans' ,affairs  ,a ,,bill  ,to     
amend title #ch1 ,united ,states ,code1 
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 safety4  #a4 
,short title ,this ,act may be cited as 
the ,fair ,,va ,accountability ,act4    
#b4 ,suspension and removal of          
,department of ,veterans ,affairs       
employees for performance or misconduct 
that is a threat to public health or    
safety  7a7 ,in general ,chapter #g of  
title #ch1 ,united ,states ,code1 is    
amended by adding after section #gac the
 following new section3  #gae4          
,employees3 suspension and removal for  
performance or misconduct that is a     

threat to public health or safety  7a7  
,suspension and removal ,subject to     
subsections 7b7 and 7c71 the ,secretary 
may-- 7#a7 suspend without pay an       
employee of the ,department of ,veterans
 ,affairs if the ,secretary determines  
the performance or misconduct of the    
employee is a clear and direct threat to
 public health or safety2 and  7#b7     
remove an employee suspended under      
paragraph 7#a7 when1 after such         
investigation and review as the         
,secretary considers necessary1 the     
,secretary determines that removal is   
necessary in the interests of public    
health or safety4  7b7 ,procedure ,an   
employee suspended under subsection     
7a77#a7 is entitled1 after suspension   
and before removal1 to--  7#a7 within   
#cj days after suspension1 a written    
statement of the specific charges       
against the employee1 which may be      
amended within #cj days thereafter2     
7#b7 an opportunity within #cj days     
thereafter1 plus an additional #cj days 

if the charges are amended1 to answer   
the charges and submit affidavits2  7#c7
 a hearing1 at the request of the       
employee1 by a ,department authority    
duly constituted for this purpose2  7#d7
 a review of the case by the ,secretary1
 before a decision adverse to the       
employee is made final2 and  7#e7       
written statement of the decision of the
 ,secretary4  7c7 ,relation to other    
disciplinary rules ,the authority       
provided under this section shall be in 
addition to the authority provided under
 section #gac and title #e with respect 
to disciplinary actions for performance 
or misconduct4  7d7 ,back pay for       
whistleblowers ,if any employee 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 
authority under applicable law1 rule1   
regulation1 or collective bargaining    
agreement to be a prohibited personnel  
practice described under section        

#bcjb7;b77#h7 or 7#i7 of title #e1 such 
employee shall receive back pay equal to
 the total amount of basic pay that such
 employee would have received during the
 period that the suspension and removal 
7as the case may be7 was in effect1 less
 any amounts earned by the employee     
through other employment during that    
period4  7e7 ,definitions ,in this      
section1 the term employee means any    
individual occupying a position within  
the ,department of ,veterans ,affairs   
under a permanent or indefinite         
appointment and who is not serving a    
probationary or trial period4  4  7b7   
,clerical and conforming amendments     
7#a7 ,clerical ,the table of sections at
 the beginning of such chapter is       
amended by adding after the item        
relating to section #gac the following  
new item3  #gae4 ,employees3 suspension 
and removal for performance or          
misconduct that is a threat to public   
health or safety4  4  7#b7 ,conforming  
,section #dcjc7;f7 of title #e1 ,united 

,states ,code1 is amended--  7,a7 by    
striking or at the end of paragraph     
7#b72  7,b7 by striking the period at   
the end of paragraph 7#c7 and inserting 
1 or2 and  7,c7 by adding at the end the
 following3  7#d7 any suspension or     
removal under section #gae of title #ch4
  4  7c7 ,report on suspensions and     
removals ,not later than one year after 
the date of the enactment of this ,act1 
the ,inspector ,general of the          
,department of ,veterans ,affairs shall 
submit to the ,committees on ,veterans' 
,affairs of the ,house of               
,representatives and the ,senate a      
report on suspensions and removals of   
employees of the ,department made under 
section #gae of title #ch1 ,united      
,states ,code1 as added by subsection   
7a74 ,such report shall include1 with   
respect to the period covered by the    
report1 the following3 7#a7 ,the number 
of employees who were suspended under   
such section4  7#b7 ,the number of      
employees who were removed under such   

section4  7#c7 ,a description of the    
threats to public health or safety that 
caused such suspensions and removals4   
7#d7 ,the number of such suspensions or 
removals1 or proposed suspensions or    
removals1 that were of employees who    
filed a complaint regarding-- 7,a7 an   
alleged prohibited personnel practice   
committed by an officer or employee of  
the ,department and described in section
 #bcjb7;b77#h7 or #bcjb7;b77#i77;,a77i71
 7,b71 7,c71 or 7,d7 of title #e1       
,united ,states ,code2 or  7,b7 the     
safety of a patient at a medical        
facility of the ,department4  7#e7 ,of  
the number of suspensions and removals  
listed under paragraph 7#d71 the number 
that the ,inspector ,general considers  
to be retaliation for whistleblowing4   
7#f7 ,the number of such suspensions or 
removals 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 ,department4  7#g7 ,any 

recommendations by the ,inspector       
,general1 based on the information      
described in paragraphs 7#a7 through    
7#f71 to improve the authority to make  
such suspensions and removals4  #c4     
,prohibition on certain former          
employee's acceptance of compensation   
from contractor  7a7 ,in general        
,chapter #g of title #ch1 ,united       
,states ,code1 is further amended by    
adding after section #gae1 as added by  
section #b1 the following new section3  
#gag4 ,prohibition on certain former    
employee's acceptance of compensation   
from contractors of the ,department  7a7
 ,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 employee1 officer1     
director1 or consultant of the covered  
contractor during the one-year period   
beginning on the date on which the      
individual was last employed in a senior
 executive position at the ,department4 

7b7 ,definitions ,in this section3 7#a7 
,the term covered contractor means a    
contractor carrying out a contract      
entered into with the ,department1      
including pursuant to a subcontract4    
7#b7 ,the term senior executive position
 has the meaning given such term in     
section #gac7;g7 of this title4  4  7b7 
,clerical amendment ,the table of       
sections at the beginning of such       
chapter is further amended by adding at 
the end the following new item3  #gag4  
,prohibition on certain former          
employee's acceptance of compensation   
from contractors of the ,department4  4 
#d4 ,limitation on contracting with     
entities employing certain recently     
separated ,department employees  7a7 ,in
 general ,subchapter ,,ii of chapter #ha
 of title #ch1 ,united ,states ,code1 is
 amended by adding at the end the       
following new section3  #habi4          
,limitation on contracting with entities
 employing certain recently separated   
,department employees  7a7 ,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 #gag of this   
title4  7b7 ,certification ,before      
entering into a contract with any       
entity1 the ,secretary shall require the
 entity to submit to the ,secretary     
certification that the entity does not  
employ1 and will not employ during the  
period covered by the contract1 any     
individual who is prohibited from       
accepting compensation from a contractor
 under section #gag of this title4  7c7 
,definitions ,in this section1 the term 
senior executive position has the       
meaning given such term in section      
#gac7;g77#c7 of this title4  4  7b7     
,clerical amendment ,the table of       
sections at the beginning of such       
chapter is amended by adding after the  
item relating to section #habh the      
following new item3  #habi4 ,limitation 
of contracting with entities employing  

certain recently separated ,department  
employees4  4  #e4 ,limitation on       
administrative leave for employees      
within the ,department of ,veterans     
,affairs  7a7 ,in general ,chapter #g of
 title #ch1 ,united ,states ,code1 is   
further amended by adding after section 
#gag1 as added by section #c1 the       
following new section3  #gai4           
,administrative leave limitation and    
report  7a7 ,limitation applicable to   
employees within the ,department of     
,veterans ,affairs  7#a7 ,the ,secretary
 may not place any covered individual on
 administrative leave1 or any other type
 of paid non-duty status without charge 
to leave1 for more than a total of #ad  
days during any #cfe-;day period4  7#b7 
,the ,secretary may waive the limitation
 under paragraph 7#a7 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 7#a7 if 
the ,secretary submits to the           

,committees on ,veterans' ,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 status without charge to leave 
and the reasons for the extension of    
such leave or status4 ,such explanation 
shall include the name of the covered   
individual1 the location where the      
individual is employed1 and the         
individual's job title4  7#c7 ,in this  
subsection1 the term covered individual 
means an employee of the ,department--  
7,a7 who is subject to an investigation 
for purposes of determining whether such
 individual should be subject to any    
disciplinary action under this title or 
title #e2 or  7,b7 against whom any     
disciplinary action is proposed or      
initiated under this title or title #e4 
7b7 ,report on administrative leave     
7#a7 ,not later than #cj days after the 
end of each quarter of any calendar     
year1 the ,secretary shall submit to the

 ,committees on ,veterans' ,affairs of  
the ,house of ,representatives and the  
,senate a report listing the name of any
 employee of the ,department 7if any7   
who has been placed on administrative   
leave1 or any other type of paid        
non-duty status1 for a period longer    
than #g days during such quarter4  7#b7 
,any report submitted under subsection  
7a7 shall include1 with respect to any  
employee listed in such report1 the     
position occupied by the employee1 the  
number of days of such leave1 and the   
reason that such employee was placed on 
such leave4  4  7b7 ,application  7#a7  
,administrative leave limitation        
,section #gai7;a7 of title #ch1 ,united 
,states ,code 7as added by subsection   
7a771 shall apply to any action of      
removal or transfer under section #gac  
of such title or title #e1 ,united      
,states ,code1 commencing on or after   
the date of enactment of this section4  
7#b7 ,report ,the report under section  
#gai7;b7 of such title 7as added by     

subsection 7a77 shall begin to apply in 
the quarter that ends after the date    
that is #f months after the date of     
enactment of this section4  7c7         
,clerical amendment ,the table of       
sections at the beginning of such       
chapter #g is amended by adding at the  
end the following new item3  #gai4      
,administrative leave limitation and    
report4  4