,,ii ,calendar ,no4 #bdj #aadth         
,,congress  #ast ,session  ,s4 #fbg     
,report ,no4 #aad-adh ,,in ,,the        
,,senate ,,of ,,the ,,united ,,states   
,march #c1 #bjae,ms4 ,ayotte 7for       
herself1 ,mrs4 ,mc,caskill1 ,mr4 ,moran1
 ,mr4 ,flake1 ,ms4 ,klobuchar1 ,mrs4    
,shaheen1 ,mr4 ,thune1 ,mr4 ,crapo1 ,mr4
 ,toomey1 and ,mr4 ,cassidy7 introduced 
the following bill2 which was read twice
 and referred to the ,committee on      
,veterans' ,affairs  ,september #bh1    
#bjae,reported by ,mr4 ,isakson1 with an
 amendment and an amendment to the      
title,strike out all after the enacting 
clause and insert the part printed in   
italic  ,a ,,bill  ,to require the      
,secretary of ,veterans ,affairs to     
revoke bonuses paid to employees        
involved in electronic wait list        
manipulations1 and for other purposes4  
#a4 ,return of bonuses awarded to       
employees of ,department of ,veterans   
,affairs for performance they           
misrepresented  7a7 ,investigations ,not

 later than #ahj days after the date on 
which the ,inspector ,general of the    
,department of ,veterans ,affairs       
submits to ,congress a report described 
in subsection 7b71 the ,secretary of    
,veterans ,affairs shall identify each  
employee of the ,department of ,veterans
 ,affairs who--  7#a7 during any of     
fiscal years #bjaa through #bjad-- 7,a7 
contributed to the purposeful omission  
of the name of one or more veterans     
waiting for health care from an         
electronic wait list for a medical      
facility of the ,department identified  
by the ,inspector ,general in such      
report2 or  7,b7 was the supervisor of  
an employee of the ,department1 or was a
 supervisor of that supervisor1 at any  
level1 who contributed to a purposeful  
omission as described in subparagraph   
7,a7 and knew1 or reasonably should have
 known1 that the employee contributed to
 such purposeful omission2 and  7#b7    
received a bonus in part because of such
 omission4  7b7 ,reports described ,a   

report described in this subsection is a
 report that--  7#a7 was submitted to   
,congress by the ,inspector ,general2   
7#b7 is based on investigations carried 
out by the ,inspector ,general in       
calendar year #bjad2 and  7#c7          
identifies medical facilities of the    
,department at which scheduling         
practices in use1 or formerly in use1   
did not comply with scheduling policies 
and procedures of the ,department4  7c7 
,identification ,the ,secretary shall   
identify employees contributing to an   
omission described in subsection 7a77#a7
 without regard to whether the employee 
knowingly contributed to such omission  
or contributed to such omission for the 
purpose of receiving a bonus4  7d7      
,repayment  7#a7 ,in general ,for each  
employee identified under subsection 7a7
 who received a bonus as described in   
such subsection1 the ,secretary shall1  
after notice and an opportunity for a   
hearing1 issue an order directing the   
employee to repay the amount of such    

bonus4  7#b7 ,hearings ,a hearing under 
this subsection shall be conducted in   
accordance with regulations relating to 
hearings promulgated by the ,secretary  
under chapter #ge of title #e1 ,united  
,states ,code4  7#c7 ,appeal  7,a7 ,in  
general ,an employee against whom an    
order is issued under paragraph 7#a7 may
 appeal to the ,merit ,systems          
,protection ,board under section #ggja  
of title #e1 ,united ,states ,code4     
7,b7 ,scope of review ,a review of an   
appeal by the ,merit ,systems           
,protection ,board under subparagraph   
7,a7 shall be based on the record       
established through the appellant's     
hearing conducted under paragraph 7#b74 
7,c7 ,standard of review ,the ,merit    
,systems ,protection ,board shall set   
aside an order issued under paragraph   
7#a7 if the issuing of the order was    
clearly erroneous or the result of a    
denial of procedural due process4  #a4  
,prohibition on award of bonuses to     
employees subject of adverse findings   

7a7 ,in general ,chapter #g of title    
#ch1 ,united ,states ,code1 is amended  
by adding at the end the following new  
section3  #gad4 ,prohibition on award of
 bonuses to employees subject of adverse
 findings  7a7 ,prohibition  7#a7       
,notwithstanding any other provision of 
law1 in a case in which the ,secretary  
makes an adverse finding relating to an 
employee of the ,department1 the        
,secretary may not award a bonus to such
 employee until the earlier of--  7,a7  
the date that is five years after the   
end of the fiscal year in which the     
adverse finding was made2 or  7,b7 the  
date that the finding is found to have  
been made in error4  7#b7 ,the          
,secretary may base an adverse finding  
under paragraph 7#a7 on an investigation
 by1 determination of1 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 activity1    
authority1 or function under a provision
 of law other than this section4  7b7   
,previously awarded bonuses ,if the     
,secretary makes an adverse finding     
relating to an employee under subsection
 7a71 the ,secretary1 after notice and  
an opportunity for a hearing1 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 made1      
unless such finding is found to have    
been made in error4  7c7 ,definitions   
,in this section3 7#a7 ,the term adverse
 finding relating to an employee means a
 determination that the conduct of the  
employee--  7,a7 violated a policy of   
the ,department for which the employee  
may be removed or suspended2 or  7,b7   
violated a law for which the employee   
may be imprisoned for more than #a year4
  7#b7 ,the term bonus means any bonus  
or cash award1 including-- 7,a7 an award
 under chapter #de of title #e2  7,b7 an

 award under section #echd of such      
title2 and  7,c7 a retention bonus under
 section #eged of such title4  4  7b7   
,clerical amendment ,the table of       
sections at the beginning of such       
chapter is amended by adding at the end 
the following new item3  #gad4          
,prohibition on award of bonuses to     
employees subject of adverse findings4  
4  #b4 ,retention of records of         
reprimands and admonishments received by
 employees of the ,department of        
,veterans ,affairs  7a7 ,in general     
,chapter #g of title #ch1 ,united       
,states ,code1 as amended by section #a1
 is further amended by adding at the end
 the following new section3  #gae4      
,record of reprimands and admonishments 
,if any employee of the ,department     
receives a reprimand or admonishment1   
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     
,department4  4  7b7 ,clerical amendment

 ,the table of sections at the beginning
 of such chapter1 as amended by section 
#a1 is further amended by adding at the 
end the following new item3  #gae4      
,record of reprimands and admonishments4
  4  ,amend the title so as to read3 ,a 
bill to prohibit the ,secretary of      
,veterans ,affairs from awarding bonuses
 to employees of the ,department of     
,veterans ,affairs with respect to whom 
an adverse finding has been made by the 
,secretary1 and for other purposes44    
,september #bh1 #bjae,reported with an  
amendment and an amendment to the title