,,ii  #aadth ,,congress  #ast ,session  
,s4 #ahef  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #bc1     
#bjae,mr4 ,blumenthal 7for himself1     
,mrs4 ,murray1 ,mr4 ,sanders1 ,mr4      
,brown1 ,mr4 ,tester1 and ,ms4 ,hirono7 
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 suspension
 and removal of employees of the        
,department of ,veterans ,affairs for   
performance or misconduct that is a     
threat to public health or safety and to
 improve accountability of employees of 
the ,department1 and for other purposes4
  #a4 ,short title ,this ,act may be    
cited as the ,department of ,veterans   
,affairs ,equitable ,employee           
,accountability ,act of #bjae4  #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 at the end 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 the provisions of   
this section1 the ,secretary may-- 7#a7 
suspend without pay an employee of the  
,department 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 if1 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 not later 
than #cj days after the date of the     

suspension1 a written statement of the  
specific charges against the employee2  
7#b7 a reasonable opportunity1 but not  
less than #g business days1 to answer   
the charges orally and in writing and to
 furnish affidavits and other           
documentary evidence in support of the  
answer2  7#c7 at the request of the     
employee1 and not later than #ae        
business days after such request1 a     
formal review by a ,department authority
 duly constituted for purposes of this  
section at which the employee may be    
represented by an attorney or other     
representative2  7#d7 a review of the   
case by the ,secretary before a decision
 adverse to the employee is made final2 
7#e7 as soon as practicable1 a decision 
of the ,secretary with respect to the   
charges against the employee2 and  7#f7 
a written statement of the decision of  
the ,secretary that includes the        
specific reasons for the decision4  7c7 
,appeal ,an employee suspended or       
removed under subsection 7a7-- 7#a7 is  

entitled to appeal to the ,merit        
,systems ,protection ,board under       
section #ggja of title #e2 and  7#b7 may
 obtain judicial review of a final order
 or decision of the ,merit ,systems     
,protection ,board under section #ggjc  
of such title4  7d7 ,relation to other  
disciplinary rules ,the authority       
provided under this section shall be in 
addition to the authority provided under
 section #gac and subchapter ,v of      
chapter #gd of this title and title #e  
with respect to disciplinary actions for
 performance or misconduct4  7e7 ,back  
pay  7#a7 ,in general ,if an employee of
 the ,department is subject to a        
suspension or removal under this section
 and the ,secretary makes a             
determination described in paragraph    
7#b7 with respect to such suspension or 
removal1 the employee shall receive back
 pay equal to the total amount of pay   
that such employee would have received  
during the period that the suspension or
 removal 7as the case may be7 was in    

effect1 less any amounts earned by the  
employee through other employment during
 that period4  7#b7 ,determination      
described ,a determination described in 
this paragraph with respect to a        
suspension or removal is a determination
 that the suspension or removal--  7,a7 
is not warranted2 or  7,b7 is1 under    
applicable law1 rule1 regulation1 or    
collective bargaining agreement1 a      
prohibited personnel practice described 
in section #bcjb7;b7 of title #e4  7f7  
,employee defined ,in this section1 the 
term employee means any individual      
occupying a position within the         
,department 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 chapter #g
 of such title is amended by inserting  
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 in paragraph 7#b71 by    
striking or at the end2  7,b7 in        
paragraph 7#c71 by striking the period  
at the end 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     
7#a7 ,in general ,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 ,committee on       
,veterans' ,affairs of the ,senate and  
the ,committee on ,veterans' ,affairs of
 the ,house of ,representatives a report
 on suspensions and removals of         
employees of the ,department of         
,veterans ,affairs made under section   
#gae of title #ch1 ,united ,states      
,code1 as added by subsection 7a74  7#b7

 ,elements ,the report required by      
paragraph 7#a7 shall include the        
following3 7,a7 ,the number of employees
 who were suspended under section #gae  
of title #ch1 ,united ,states ,code1 as 
added by subsection 7a74  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 or  
removals4  7,d7 ,the number of          
suspensions or removals1 or proposed    
suspensions or removals1 under such     
section that were of an employee who    
filed a complaint regarding--  7i7 an   
alleged prohibited personnel practice   
committed by an officer or employee of  
the ,department2 or  7ii7 the safety of 
a patient at a medical facility of the  
,department4  7,e7 ,of the number of    
suspensions or removals described in    
subparagraph 7,d71 the number of such   
suspensions or removals that the        
,inspector ,general considers to be     
retaliation for whistleblowing4  7,f7   

,the number of suspensions or removals  
under such section #gae 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 subparagraphs 
7,a7 through 7,f71 to improve the       
authority of the ,secretary of ,veterans
 ,affairs to make such suspensions or   
removals4  #c4 ,accountability of       
leaders for managing the ,department of 
,veterans ,affairs  7a7 ,in general     
,chapter #g of title #ch1 ,united       
,states ,code1 is amended by inserting  
after section #gji the following new    
section3  #gji;,a4 ,annual performance  
plan for political appointees  7a7 ,in  
general ,the ,secretary shall conduct an
 annual performance plan for each       
political appointee of the ,department  
that is similar to the annual           
performance plan conducted for an       

employee of the ,department who is      
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      
,department4  7b7 ,elements of plan     
,each annual performance plan conducted 
under subsection 7a7 with respect to a  
political appointee of the ,department  
shall include an assessment of whether  
the appointee is meeting the following  
goals3  7#a7 ,recruiting1 selecting1 and
 retaining well-qualified individuals   
for employment at the ,department4  7#b7
 ,engaging and motivating employees4    
7#c7 ,training and developing employees 
and preparing those employees for future
 leadership roles within the            
,department4  7#d7 ,holding each        
employee of the ,department that is a   
manager accountable for addressing      
issues relating to performance1 in      
particular issues relating to the       
performance of employees that report to 
the manager4  4  7b7 ,clerical amendment

 ,the table of sections at the beginning
 of chapter #g of such title is amended 
by inserting after the item relating to 
section #gji the following new item3    
#gji;,a4 ,annual performance plan for   
political appointees4  4  #d4           
,accountability of managers for hiring  
well-qualified people  7a7 ,in general  
,with respect to any employee of the    
,department of ,veterans ,affairs that  
is required to serve a probationary     
period at a position in the ,department1
 the ,secretary of ,veterans ,affairs   
shall require the manager of such       
employee to determine1 not later than   
#cj days before the end of the          
probationary period1 whether the        
employee has demonstrated successful    
performance and should continue past the
 probationary period before allowing the
 employee to continue at that position  
after the end of the probationary       
period4  7b7 ,supervisors ,with respect 
to any employee of the ,department that 
is serving a probationary period at a   

supervisory position in the ,department1
 successful performance under subsection
 7a7 shall include demonstrating        
management competencies in addition to  
the technical skills required for such  
position4  7c7 ,performance plan ,each  
annual performance plan conducted for a 
manager of an employee serving a        
probationary period shall hold the      
manager accountable for--  7#a7         
providing regular feedback to such      
employee during such period before      
making a determination under subsection 
7a7 regarding the probationary status of
 such employee2 and  7#b7 making a      
timely determination under subsection   
7a7 regarding the probationary status of
 such employee4  #e4 ,accountability of 
managers for addressing performance of  
employees ,the ,secretary of ,veterans  
,affairs shall ensure that1 as a part of
 the annual performance plan of an      
employee of the ,department of ,veterans
 ,affairs that is a manager1 the manager
 is evaluated on the following3  7#a7   

,taking action to address poor          
performance and misconduct among the    
employees that report to the manager4   
7#b7 ,taking steps to improve or sustain
 high levels of employee engagement4    
#f4 ,improvement of training for        
managers ,the ,secretary of ,veterans   
,affairs shall provide to each employee 
of the ,department of ,veterans ,affairs
 that is a manager periodic training on 
the following3  7#a7 ,the rights of     
whistleblowers and how to address a     
report by an employee of a hostile work 
environment1 reprisal1 or harassment4   
7#b7 ,how to effectively motivate1      
manage1 and reward the employees that   
report to the manager4  7#c7 ,how to    
effectively manage employees who are    
performing at an unacceptable level and 
access assistance from the human        
resources office of the ,department and 
the ,office of the ,general ,counsel of 
the ,department with respect to those   
employees4  #g4 ,promotional            
opportunities for technical experts ,the

 ,secretary of ,veterans ,affairs shall 
develop a promotional track for         
employees of the ,department of         
,veterans ,affairs that the ,secretary  
determines are technical experts to     
allow such employees to advance in their
 career without being required to       
transition to management positions4  #h4
 ,expansion of definition of personnel  
action to include performance           
evaluations of employees of the         
,department of ,veterans ,affairs       
,section #bcjb7;a77#b77;,a77viii7 of    
title #e1 ,united ,states ,code1 is     
amended by inserting or under title #ch 
after chapter #dc of this title4  #i4   
,written opinion on certain employment  
restrictions after terminating          
employment with the ,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  #gag4      
,written opinion on certain employment  

restrictions after terminating          
employment with the ,department  7a7 ,in
 general ,before terminating employment 
with the ,department1 any official of   
the ,department who has participated    
personally and substantially in an      
acquisition by the ,department that     
exceeds #a1jjj1jjj or held a key        
position at the ,department relating to 
acquisition shall obtain a written      
opinion from an appropriate ethics      
counselor at the ,department regarding  
any restrictions on activities that the 
official may undertake on behalf of a   
covered contractor during the two-year  
period beginning on the date on which   
the official terminates such employment4
  7b7 ,covered contractor defined ,in   
this section1 the term covered          
contractor means a contractor carrying  
out a contract entered into with the    
,department1 including pursuant to a    
subcontract4  4  7b7 ,clerical amendment
 ,the table of sections at the beginning
 of chapter #g of such title1 as amended

 by section #b1 is further amended by   
inserting after the item relating to    
section #gae the following new item3    
#gag4 ,written opinion on certain       
employment restrictions after leaving   
the ,department4  4  #aj4 ,requirement  
for contractors of the ,department      
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 ,requirement for       
contractors employing certain recently  
separated ,department employees  7a7 ,in
 general ,a covered contractor may not  
knowingly provide compensation to an    
individual described in subsection 7b7  
during the two-year period beginning on 
the date on which the individual        
terminates employment with the          
,department unless the covered          
contractor determines that the          
individual--  7#a7 has obtained the     
written opinion required under section  

#gag7;a7 of this title2 or  7#b7 has    
requested such written opinion not later
 than #cj days before receiving         
compensation from the covered           
contractor4  7b7 ,individual described  
,an individual described in this        
subsection is any official of the       
,department who has participated        
personally and substantially in an      
acquisition by the ,department that     
exceeds #a1jjj1jjj or held a key        
position at the ,department relating to 
acquisition4  7c7 ,covered contractor   
defined ,in this section1 the term      
covered contractor means a contractor   
carrying out a contract entered into    
with the ,department1 including pursuant
 to a subcontract4  4  7b7 ,application 
,the requirement under section #habi7;a7
 of title #ch1 ,united ,states ,code1 as
 added by subsection 7a71 shall apply   
with respect to any entity that enters  
into a contract with the ,department on 
or after the date of the enactment of   
this ,act4  7c7 ,clerical amendment ,the

 table of sections at the beginning of  
chapter #ha of such title is amended by 
inserting after the item relating to    
section #habh the following new item3   
#habi4 ,requirement for contractors     
employing certain recently separated    
,department employees4  4  #aa4         
,limitation on administrative leave for 
employees of the ,department of         
,veterans ,affairs  7a7 ,in general     
,chapter #g of title #ch1 ,united       
,states ,code1 as amended by section #i1
 is further amended by adding at the end
 the following new section3  #gai4      
,administrative leave limitation and    
report  7a7 ,limitation applicable to   
employees within the ,department  7#a7  
,the ,secretary may not place any       
covered individual on administrative    
leave for more than a total of #ad      
business days during any #cfe-;day      
period4  7#b7 ,the ,secretary may waive 
the limitation under paragraph 7#a7 and 
extend the period of administrative     
leave of a covered individual if the    

,secretary submits to the ,committee on 
,veterans' ,affairs of the ,senate and  
the ,committee on ,veterans' ,affairs of
 the ,house of ,representatives a       
detailed explanation of the reasons the 
covered individual was placed on        
administrative leave and the reasons for
 the extension of such leave4 ,such     
explanation shall include the name of   
the covered individual1 the location    
where the covered individual is         
employed1 and the job title of the      
covered individual4  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 fiscal year1 the ,secretary 

shall submit to the ,committee on       
,veterans' ,affairs of the ,senate and  
the ,committee on ,veterans' ,affairs of
 the ,house of ,representatives a report
 listing the name of each employee of   
the ,department 7if any7 who has been   
placed on administrative leave for a    
period longer than #g business days     
during such fiscal year4  7#b7 ,each    
report submitted under paragraph 7#a7   
shall include1 with respect to each     
employee listed in such report1 the     
position occupied by the employee1 the  
number of business days of such leave1  
and the reason that such employee was   
placed on such leave4  7#c7 ,in         
submitting each report under paragraph  
7#a71 the ,secretary shall take such    
measures to protect the privacy of the  
employees listed in the report as the   
,secretary considers appropriate4  7c7  
,administrative leave defined ,in this  
section1 the term administrative leave--
 7#a7 means leave without loss of or    
reduction in pay1 leave to which an     

employee of the ,department is otherwise
 entitled1 or credit for time or        
service2 and  7#b7 includes any type of 
paid non-duty status4  4  7b7           
,application  7#a7 ,administrative leave
 limitation ,subsection 7a7 of section  
#gai of title #ch1 ,united ,states ,code
 7as added by subsection 7a771 shall    
apply to any period of administrative   
leave 7as defined in such section7      
commencing on or after the date of the  
enactment of this ,act4  7#b7 ,report   
,the report under section #gai7;b7 of   
such title 7as added by subsection 7a77 
shall apply beginning in the first      
quarter that ends after the date that is
 #ahj days after the date of the        
enactment of this ,act4  7c7 ,clerical  
amendment ,the table of sections at the 
beginning of chapter #g of such title1  
as amended by section #i1 is further    
amended by adding at the end the        
following new item3  #gai4              
,administrative leave limitation and    
report4  4  #ab4 ,improvement of medical

 oversight within the ,department of    
,veterans ,affairs  7a7 ,in general     
,subchapter ,,ii of chapter #gc of title
 #ch1 ,united ,states ,code1 is amended 
by inserting after section #gcbd the    
following new section3  #gcbd;,a4       
,periodic reports on programs1          
operations1 and other functions of the  
,veterans ,health ,administration  7a7  
,report on programs and operations ,not 
later than #fj days after the date of   
the enactment of the ,department of     
,veterans ,affairs ,equitable ,employee 
,accountability ,act of #bjae1 and      
periodically thereafter1 the ,office of 
the ,medical ,inspector of the ,veterans
 ,health ,administration shall submit to
 the ,secretary1 the ,under ,secretary  
for ,health1 the ,committee on          
,veterans' ,affairs of the ,senate1 and 
the ,committee on ,veterans' ,affairs of
 the ,house of ,representatives a report
 on any problems or deficiencies        
encountered by the ,department in       
carrying out the programs and operations

 of the ,veterans ,health               
,administration1 including any          
recommendations for corrective action4  
7b7 ,submittal of other reports ,the    
,office of the ,medical ,inspector shall
 submit to the ,committee on ,veterans' 
,affairs of the ,senate and the         
,committee on ,veterans' ,affairs of the
 ,house of ,representatives each report 
prepared by the ,office in carrying out 
the functions of the ,office not later  
than #cj days after completing such     
report4  7c7 ,protection of privacy ,the
 ,office of the ,medical ,inspector     
shall1 in carrying out the requirements 
of this section1 protect any medical or 
other personally identifiable           
information obtained by the ,office from
 disclosure or misuse in accordance with
 all laws on privacy applicable to such 
information4  4  7b7 ,clerical amendment
 ,the table of sections at the beginning
 of chapter #gc of such title is amended
 by inserting after the item relating to
 section #gcbd the following new item3  

,sec4 #gcbd;,a4 ,periodic reports on    
programs1 operations1 and other         
functions of the ,veterans ,health      
,administration4  4  #ac4 ,comptroller  
,general report on performance and      
accountability of employees of          
,department of ,veterans ,affairs ,not  
later than #ae months after the date of 
the enactment of this ,act1 the         
,comptroller ,general of the ,united    
,states 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        
following3  7#a7 ,the implementation by 
the ,department of ,veterans ,affairs of
 section #gac of title #ch1 ,united     
,states ,code1 including the following3 
7,a7 ,an assessment of the impact of the
 implementation of section #gac of title
 #ch1 ,united ,states ,code1 on the     
performance and accountability of       
employees of the ,department4  7,b7 ,an 
assessment of the impact of the         

implementation of such section on       
recruitment and retention of employees  
of the ,department1 particularly        
employees within the ,senior ,executive 
,service4  7#b7 ,an assessment of the   
policies of the ,department for dealing 
with issues relating to the performance 
of employees of the ,department1        
including recommendations on addressing 
performance and misconduct issues in an 
expedited manner4