,,ii  #aadth ,,congress  #ast ,session  
,s4 #ajhb  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #bc1    
#bjae,mr4 ,rubio introduced the         
following bill2 which was read twice and
 referred to the ,committee on          
,veterans' ,affairs  ,a ,,bill  ,to     
amend title #ch1 ,united ,states ,code1 
to provide for the removal or demotion  
of employees of the ,department of      
,veterans ,affairs based on performance 
or misconduct1 and for other purposes4  
#a4 ,short title ,this ,act may be cited
 as the ,department of ,veterans        
,affairs ,accountability ,act of #bjae4 
#b4 ,removal or demotion of employees   
based on performance or misconduct  7a7 
,in general ,chapter #g of title #ch1   
,united ,states ,code1 is amended by    
adding at the end the following new     
section3  #gad4 ,employees3 removal or  
demotion based on performance or        
misconduct  7a7 ,in general ,the        
,secretary may remove or demote an      
individual who is an employee of the    

,department if the ,secretary determines
 the performance or misconduct of the   
individual warrants such removal or     
demotion4 ,if the ,secretary so removes 
or demotes such an individual1 the      
,secretary may--  7#a7 remove the       
individual from the civil service 7as   
defined in section #baja of title #e72  
or  7#b7 demote the individual by means 
of--  7,a7 a reduction in grade for     
which the individual is qualified and   
that the ,secretary determines is       
appropriate2 or  7,b7 a reduction in    
annual rate of pay that the ,secretary  
determines is appropriate4  7b7 ,pay of 
certain demoted individuals  7#a7       
,notwithstanding any other provision of 
law1 any individual subject to a        
demotion under subsection 7a77#b77;,a7  
shall1 beginning on the date of such    
demotion1 receive the annual rate of pay
 applicable to such grade4  7#b7 ,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 7if any7 under  
this section is ongoing1 and may only   
receive pay if the individual reports   
for duty4 ,if an individual so demoted  
does not report for duty1 such          
individual shall not receive pay or     
other benefits pursuant to subsection   
7e77#e74  7c7 ,notice to ,congress ,not 
later than #cj days after removing or   
demoting an individual under subsection 
7a71 the ,secretary shall submit to the 
,committees on ,veterans' ,affairs of   
the ,senate and ,house of               
,representatives notice in writing of   
such removal or demotion and the reason 
for such removal or demotion4  7d7      
,procedure  7#a7 ,the procedures under  
section #geac7;b7 of title #e and       
chapter #dc of such title shall not     
apply to a removal or demotion under    
this section4  7#b7 7,a7 ,subject to    
subparagraph 7,b7 and subsection 7e71   
any removal or demotion under subsection
 7a7 may be appealed to the ,merit      
,systems ,protection ,board under       

section #ggja of title #e4  7,b7 ,an    
appeal under subparagraph 7,a7 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 
demotion4  7e7 ,expedited review by     
administrative law judge  7#a7 ,upon    
receipt of an appeal under subsection   
7d77#b77;,a71 the ,merit ,systems       
,protection ,board shall refer such     
appeal to an administrative law judge   
pursuant to section #ggja7;b77#a7 of    
title #e4 ,the administrative law judge 
shall expedite any such appeal under    
such section and1 in any such case1     
shall issue a decision not later than   
#de days after the date of the appeal4  
7#b7 ,notwithstanding any other         
provision of law1 including section     
#ggjc of title #e1 the decision of an   
administrative judge under paragraph    
7#a7 shall be final and shall not be    
subject to any further appeal4  7#c7 ,in
 any case in which the administrative   
judge cannot issue a decision in        

accordance with the #de-;day requirement
 under paragraph 7#a71 the removal or   
demotion is final4 ,in such a case1 the 
,merit ,systems ,protection ,board      
shall1 within #ad days after the date   
that such removal or demotion is final1 
submit to ,congress and the ,committees 
on ,veterans' ,affairs of the ,senate   
and ,house of ,representatives a report 
that explains the reasons why a decision
 was not issued in accordance with such 
requirement4  7#d7 ,the ,merit ,systems 
,protection ,board or administrative    
judge may not stay any removal or       
demotion under this section4  7#e7      
,during the period beginning on the date
 on which an individual appeals a       
removal from the civil service under    
subsection 7d7 and ending on the date   
that the administrative judge issues a  
final decision on such appeal1 such     
individual may not receive any pay1     
awards1 bonuses1 incentives1 allowances1
 differentials1 student loan repayments1
 special payments1 or benefits4  7#f7   

,to the maximum extent practicable1 the 
,secretary shall provide to the ,merit  
,systems ,protection ,board1 and to any 
administrative law judge to whom an     
appeal under this section is referred1  
such information and assistance as may  
be necessary to ensure an appeal under  
this subsection is expedited4  7f7      
,limitation on removal or demotion ,in  
the case of an individual seeking       
corrective action 7or on behalf of whom 
corrective action is sought7 from the   
,office of ,special ,counsel based on an
 alleged prohibited personnel practice  
described in section #bcjb7;b7 of title 
#e1 the ,secretary may not remove or    
demote such individual under subsection 
7a7 without the approval of the ,special
 ,counsel under section #abad7;f7 of    
title #e4  7g7 ,relation to other       
provisions of law  7#a7 ,the authority  
provided by this section is in addition 
to the authority provided by subchapter 
,v of chapter #ge of title #e and       
chapter #dc of such title4  7#b7        

,subchapter ,v of chapter #gd of this   
title shall not apply to any action     
under this section4  7h7 ,definitions   
,in this section3  7#a7 ,the term       
individual means an individual occupying
 a position at the ,department of       
,veterans ,affairs but does not         
include--  7,a7 an individual1 as that  
term is defined in section #gac7;g77#a72
 or  7,b7 a political appointee4  7#b7  
,the term grade has the meaning given   
such term in section #geaa7;a7 of title 
#e4  7#c7 ,the term misconduct includes 
neglect of duty1 malfeasance1 or failure
 to accept a directed reassignment or to
 accompany a position in a transfer of  
function4  7#d7 ,the term political     
appointee means an individual who is--  
7,a7 employed in a position described   
under sections #ecab through #ecaf of   
title #e1 7relating to the ,executive   
,schedule72  7,b7 is a limited term     
appointee1 limited emergency appointee1 
or noncareer appointee in the ,senior   
,executive ,service1 as defined under   

paragraphs 7#e71 7#f71 and 7#g71        
respectively1 of section #cacb7;a7 of   
title #e2 or  7,c7 is employed in a     
position of a confidential or           
policy-determining character under      
schedule ,c of subpart ,c of part #bac  
of title #e of the ,code of ,federal    
,regulations4  4  7b7 ,clerical and     
conforming amendments  7#a7 ,clerical   
,the table of sections at the beginning 
of such chapter is amended by adding at 
the end the following new item3  #gad4  
,employees3 removal or demotion based on
 performance or misconduct4  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 removal
 or demotion under section #gad of title
 #ch4  4  #c4 ,required probationary    
period for new employees of ,department 
of ,veterans ,affairs  7a7 ,in general  

,chapter #g of title #ch1 ,united       
,states ,code1 as amended by section #b1
 is further amended by adding at the end
 the following new section3  #gae4      
,probationary period for employees  7a7 
,in general ,notwithstanding sections   
#ccba and #ccic7;d7 of title #e1 the    
appointment of a covered employee shall 
become final only after such employee   
has served a probationary period of #edj
 days4 ,the ,secretary may extend a     
probationary period under this          
subsection at the discretion of the     
,secretary4  7b7 ,covered employee ,in  
this section1 the term covered          
employee-- 7#a7 means any individual--  
7,a7 appointed to a permanent position  
within the competitive service at the   
,department2 or  7,b7 appointed as a    
career appointee 7as that term is       
defined in section #cacb7;a77#d7 of     
title #e7 within the ,senior ,executive 
,service at the ,department2 and  7#b7  
does not include any individual with a  
probationary period prescribed by       

section #gdjc of this title4  7c7       
,permanent hires ,upon the expiration of
 a covered employee's probationary      
period under subsection 7a71 the        
supervisor of the employee shall        
determine whether the appointment       
becomes final based on regulations      
prescribed for such purpose by the      
,secretary4  4  7b7 ,application ,the   
amendment made by subsection 7a7 shall  
apply to any covered employee 7as that  
term is defined in section #gae of title
 #ch1 ,united ,states ,code1 as added by
 such subsection7 appointed after the   
date of enactment of this section4  7c7 
,clerical and conforming amendments     
7#a7 ,clerical ,the table of sections at
 the beginning of such chapter1 as      
amended by section #b1 is further       
amended by adding at the end the        
following new item3  #gae4 ,probationary
 period for employees4  4  7#b7         
,conforming ,title #e1 ,united ,states  
,code1 is amended-- 7,a7 in section     
#ccba7;c71 by--  7i7 striking ,service  

or and inserting ,service12 and  7ii7   
inserting at the end before the period  
the following3 1 or any individual      
covered by section #gae of title #ch2   
and  7,b7 in section #ccic7;d71 by      
adding at the end after the period the  
following3 ,the preceding sentence shall
 not apply to any individual covered by 
section #gae of title #ch44  #d4        
,comptroller ,general study of          
,department time and space used for     
labor organization activity  7a7 ,study 
required ,not later than #ahj days after
 the date of the enactment of this ,act1
 the ,comptroller ,general of the       
,united ,states shall conduct a study on
 the amount of time spent by ,department
 of ,veterans ,affairs employees        
carrying out organizing activities      
relating to labor organizations and the 
amount of space in ,department          
facilities used for such activities4    
,the study shall include a cost-benefit 
analysis of the use of such time and    
space for such activities4  7b7 ,report 

to ,congress ,not later than #ij days   
after the completion of the study       
required under subsection 7a71 the      
,comptroller ,general shall submit to   
the ,committee on ,veterans' ,affairs of
 the ,senate and the ,committee on      
,veterans' ,affairs of the ,house of    
,representatives a report on the results
 of the study4