,,ii  #aadth ,,congress  #ast ,session  
,s4 #bij  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,january #bh1       
#bjae,mr4 ,moran 7for himself1 ,ms4     
,ayotte1 ,mr4 ,rubio1 and ,mr4 ,mc,cain7
 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 improve the           
accountability of employees of the      
,department of ,veterans ,affairs1 and  
for other purposes4  #a4 ,short title   
,this ,act may be cited as the          
,increasing the ,department of ,veterans
 ,affairs ,accountability to ,veterans  
,act of #bjae4  #b4 ,reduction of       
benefits for members of the ,senior     
,executive ,service within the          
,department of ,veterans ,affairs       
convicted of certain crimes  7a7 ,in    
general ,chapter #g of title #ch1       
,united ,states ,code1 is amended by    
adding at the end the following new     
section3  #gae4 ,senior executives3     

reduction of benefits of individuals    
convicted of certain crimes  7a7        
,reduction of annuity for removed       
employee ,the covered service of an     
individual removed from a senior        
executive position under section #gac of
 this title shall not be taken into     
account for purposes of calculating an  
annuity with respect to such individual 
under chapter #hc or chapter #hd of     
title #e1 if the individual is convicted
 of a felony that influenced the        
individual's performance while employed 
in the senior executive position4  7b7  
,reduction of annuity for retired       
employee  7#a7 ,the ,secretary may order
 that the covered service of an         
individual who is subject to a removal  
or transfer action under section #gac 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 #hc or chapter #hd of title #e1 
if the individual is convicted of a     
felony that influenced the individual's 
performance while employed in the senior
 executive position4  7#b7 ,the         
,secretary shall make such an order not 
later than #g days after the date on    
which such individual is convicted of   
such felony4  7#c7 ,not later than #cj  
days after the ,secretary issues any    
order with respect to an individual     
under paragraph 7#a71 the ,director of  
the ,office of ,personnel ,management   
shall recalculate the annuity of the    
individual4  7c7 ,lump-,sum ,annuity    
,credit ,any individual with respect to 
whom an annuity is reduced under        
subsection 7a7 or 7b7 shall be entitled 
to be paid so much of such individual's 
lump-sum credit as is attributable to   
the period of covered service4  7d7     
,definitions ,in this section3 7#a7 ,the
 term covered service means1 with       
respect to an individual subject to a   
removal or transfer action under section

 #gac of this title1 the period of      
service beginning on the date that the  
,secretary determines under such section
 that such individual engaged 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     
,department prior to the issuance of a  
final decision with respect to such     
action1 as the case may be4  7#b7 ,the  
term lump-sum credit has the meaning    
given such term in section #hcca7h7 or  
section #hdja7ai7 of title #e1 as the   
case may be4  7#c7 ,the term senior     
executive position has the meaning given
 such term in section #gac7;g77#c7 of   
this title4  7#d7 ,the term service has 
the meaning given such term in section  
#hcca7ab7 or section #hdja7bf7 of title 
#e1 as the case may be4  4  7b7         
,application ,section #gae of such      
title1 as added by subsection 7a71 shall
 apply to any action of removal or      
transfer under section #gac of such     

title commencing on or after the date of
 the enactment of this ,act4  7c7       
,clerical amendment ,the table of       
sections at the beginning of such       
chapter is amended by adding at the end 
the following new item3  #gae4 ,senior  
executives3 reduction of benefits of    
individuals convicted of certain crimes4
  4  #c4 ,reform of performance         
appraisal system for ,senior ,executive 
,service employees of the ,department of
 ,veterans ,affairs  7a7 ,performance   
appraisal system  7#a7 ,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      
,senior executives3 performance         
appraisal  7a7 ,performance appraisal   
system  7#a7 ,the performance appraisal 
system for individuals employed in      
senior executive positions in the       
,department required by section #dcab of
 title #e shall provide1 in addition to 
the requirements of such section1 for   

five annual summary ratings of levels of
 performance as follows3 7,a7 ,one      
outstanding level4  7,b7 ,one exceeds   
fully successful level4  7,c7 ,one fully
 successful level4  7,d7 ,one minimally 
satisfactory level4  7,e7 ,one          
unsatisfactory level4  7#b7 ,the        
following limitations apply to the      
rating of the performance of such       
individuals3 7,a7 ,for any year1 not    
more than #aj percent of such           
individuals who receive a performance   
rating during that year may receive the 
outstanding level under paragraph       
7#a77;,a74  7,b7 ,for any year1 not more
 than #bj percent of such individuals   
who receive a performance rating during 
that year may receive the exceeds fully 
successful level under paragraph        
7#a77;,b74  7#c7 ,in evaluating the     
performance of an individual under the  
performance appraisal system1 the       
,secretary shall take into consideration
 any complaint or report 7including any 
pending or published report7 submitted  

by the ,inspector ,general of the       
,department1 the ,comptroller ,general  
of the ,united ,states1 the ,equal      
,employment ,opportunity ,commission1 or
 any other appropriate person or entity1
 related to any facility or program     
managed by the individual4  7b7 ,change 
of position  7#a7 ,not less frequently  
than once every five years1 the         
,secretary shall reassign each          
individual employed in a senior         
executive position to a position at a   
different location that does not include
 the supervision of the same personnel  
or programs4  7#b7 ,the ,secretary may  
waive the requirement under paragraph   
7#a7 for any such individual1 if the    
,secretary submits to the ,committee on 
,veterans' ,affairs of the ,senate and  
the ,committee on ,veterans' ,affairs of
 the ,house of ,representatives notice  
of the waiver and an explanation of the 
reasons for the waiver4  7c7 ,report    
7#a7 ,not later than ,march #a of each  
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 on the        
performance appraisal system of the     
,department under subsection 7a74  7#b7 
,each report submitted under paragraph  
7#a7 shall include1 for the year        
preceding the year during which the     
report is submitted1 all documentation  
concerning each of the following for    
each individual employed in a senior    
executive position in the ,department3  
7,a7 ,the initial performance appraisal4
  7,b7 ,the higher level review1 if     
requested4  7,c7 ,the recommendations of
 the performance review board4  7,d7    
,the final summary review4  7,e7 ,the   
review of the ,inspector ,general of the
 ,department of the information         
described in subparagraphs 7,a7 through 
7,d74  7d7 ,definition of senior        
executive position ,in this section1 the
 term senior executive position has the 
meaning given that term in section      

#gac7;g7 of this title4  4  7#b7        
,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  
,senior executives3 performance         
appraisal4  4  7#c7 ,conforming         
amendment ,section #dcab7;b7 of title   
#e1 ,united ,states ,code1 is amended-- 
7,a7 in paragraph 7#b71 by striking and 
at the end2  7,b7 in paragraph 7#c71 by 
striking the period at the end and      
inserting 2 and2 and  7,c7 by adding at 
the end the following3  7#d7 that1 in   
the case of the ,department of ,veterans
 ,affairs1 the performance appraisal    
system meets the requirements of section
 #gaf of title #ch4  4  7b7 ,review of  
,,ses management training  7#a7 ,review 
7,a7 ,in general ,not later than #ahj   
days after the date of the enactment of 
this ,act1 the ,secretary of ,veterans  
,affairs shall enter into a contract    
with a nongovernmental entity to review 
the management training program for     

individuals employed in senior executive
 positions 7as such term is defined in  
section #gac7;g7 of title #ch1 ,united  
,states ,code7 of the ,department of    
,veterans ,affairs that is being        
provided as of the date of the enactment
 of this ,act4  7,b7 ,comparison ,the   
review required by subparagraph 7,a7    
shall include a comparison of the       
training provided by the ,department of 
,veterans ,affairs to the management    
training provided for senior executives 
of other ,federal departments and       
agencies and to the management training 
provided to senior executives in the    
private sector4  7,c7 ,report to        
,secretary ,the contract required by    
subparagraph 7,a7 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 #ahj    
days after the date on which the        
,secretary and the nongovernmental      
entity enter into the contract4  7#b7   

,report to ,congress ,not later than #fj
 days after the date on which the       
,secretary receives the report under    
paragraph 7#a77;,c71 the ,secretary     
shall submit to the ,committee on       
,veterans' ,affairs of the ,senate and  
the ,committee on ,veterans' ,affairs of
 the ,house of ,representatives the     
report together with a plan for carrying
 out the recommendations contained in   
the report4  #d4 ,limitation on         
administrative leave for members of the 
,senior ,executive ,service within the  
,department of ,veterans ,affairs  7a7  
,in general ,chapter #g of title #ch1   
,united ,states ,code1 as amended by    
section #c1 is further amended by adding
 after section #gag the following new   
section3  #gai4 ,administrative leave   
limitation and report  7a7 ,limitation  
applicable to members of ,senior        
,executive ,service within ,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 status1 
for more than a total of #ad days during
 any #cfe-;day period4  7#b7 7,a7 ,the  
,secretary may waive the limitation     
under paragraph 7#a7 and extend the     
administrative leave or other paid      
non-duty status of a covered individual 
placed on such leave or status under    
paragraph 7#a7 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          
individual was placed on administrative 
leave or other paid non-duty status and 
the reasons for the extension of such   
leave or status4  7,b7 ,any detailed    
explanation submitted under subparagraph
 7,a7 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 individual 7as defined in      

section #gac7;g7 of this title7         
occupying a senior executive position   
7as defined in such section7-- 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
 ,committee on ,veterans' ,affairs of   
the ,senate and the ,committee on       
,veterans' ,affairs of the ,house of    
,representatives 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 seven days during such      
quarter4  7#b7 ,any report submitted    
under paragraph 7#a7 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 ,code1 as added by 
subsection 7a71 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 the enactment of this 
,act4  7#b7 ,report ,the report under   
section #gai7;b7 of such title1 as added
 by subsection 7a71 shall begin to apply
 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 such       
chapter is amended by adding at the end 
the following new item3  #gai4          
,administrative leave limitation and    
report4  4