#aaeth ,,congress  #ast ,session  ,s4   
#ajid  ,,an ,,act  ,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 title2  
table of contents  7a7 ,short title     
,this ,act may be cited as the          
,department of ,veterans ,affairs       
,accountability and ,whistleblower      
,protection ,act of #bjag4  7b7 ,table  
of contents ,the table of contents for  
this ,act is as follows3 ,sec4 #a4      
,short title2 table of contents4,,title 
,i--,office of ,accountability and      
,whistleblower ,protection,sec4 #aja4   
,establishment of ,office of            
,accountability and ,whistleblower      
,protection4,sec4 #ajb4 ,protection of  
whistleblowers in ,department of        
,veterans ,affairs4,sec4 #ajc4 ,report  
on methods used to investigate employees
 of ,department of ,veterans            
,affairs4,,title ,,ii--,accountability  
of senior executives1 supervisors1 and  

other employees,sec4 #bja4 ,improved    
authorities of ,secretary of ,veterans  
,affairs to improve accountability of   
senior executives4,sec4 #bjb4 ,improved 
authorities of ,secretary of ,veterans  
,affairs to improve accountability of   
employees4,sec4 #bjc4 ,reduction of     
benefits for ,department of ,veterans   
,affairs employees convicted of certain 
crimes4,sec4 #bjd4 ,authority to recoup 
bonuses or awards paid to employees of  
,department of ,veterans ,affairs4,sec4 
#bje4 ,authority to recoup relocation   
expenses paid to or on behalf of        
employees of ,department of ,veterans   
,affairs4,sec4 #bjf4 ,time period for   
response to notice of adverse actions   
against supervisory employees who commit
 prohibited personnel actions4,sec4     
#bjg4 ,direct hiring authority for      
medical center directors and ,,visn     
directors4,sec4 #bjh4 ,time periods for 
review of adverse actions with respect  
to certain employees4,sec4 #bji4        
,improvement of training for            

supervisors4,sec4 #baj4 ,assessment and 
report on effect on senior executives at
 ,department of ,veterans ,affairs4,sec4
 #baa4 ,measurement of ,department of   
,veterans ,affairs disciplinary process 
outcomes and effectiveness4  ,i ,office 
of ,accountability and ,whistleblower   
,protection  #aja4 ,establishment of    
,office of ,accountability and          
,whistleblower ,protection  7a7 ,in     
general ,chapter #c of title #ch1       
,united ,states ,code1 is amended by    
adding at the end the following new     
section3  #cbc4 ,office of              
,accountability and ,whistleblower      
,protection  7a7 ,establishment ,there  
is established in the ,department an    
office to be known as the ,office of    
,accountability and ,whistleblower      
,protection 7in this section referred to
 as the ,office74  7b7 ,head of ,office 
7#a7 ,the head of the ,office shall be  
responsible for the functions of the    
,office and shall be appointed by the   
,president pursuant to section #cjh7;a7 

of this title4  7#b7 ,the head of the   
,office shall be known as the ,assistant
 ,secretary for ,accountability and     
,whistleblower ,protection4  7#c7 ,the  
,assistant ,secretary shall report      
directly to the ,secretary on all       
matters relating to the ,office4  7#d7  
,notwithstanding section #cjh7;b7 of    
this title1 the ,secretary may only     
assign to the ,assistant ,secretary     
responsibilities relating to the        
functions of the ,office set forth in   
subsection 7c74  7c7 ,functions  7#a7   
,the functions of the ,office are as    
follows3 7,a7 ,advising the ,secretary  
on all matters of the ,department       
relating to accountability1 including   
accountability of employees of the      
,department1 retaliation against        
whistleblowers1 and such matters as the 
,secretary considers similar and affect 
public trust in the ,department4  7,b7  
,issuing reports and providing          
recommendations related to the duties   
described in subparagraph 7,a74  7,c7   

,receiving whistleblower disclosures4   
7,d7 ,referring whistleblower           
disclosures received under subparagraph 
7,c7 for investigation to the ,office of
 the ,medical ,inspector1 the ,office of
 ,inspector ,general1 or other          
investigative entity1 as appropriate1 if
 the ,assistant ,secretary has reason to
 believe the whistleblower disclosure is
 evidence of a violation of a provision 
of law1 mismanagement1 gross waste of   
funds1 abuse of authority1 or a         
substantial and specific danger to      
public health or safety4  7,e7          
,receiving and referring disclosures    
from the ,special ,counsel for          
investigation to the ,medical ,inspector
 of the ,department1 the ,inspector     
,general of the ,department1 or such    
other person with investigatory         
authority1 as the ,assistant ,secretary 
considers appropriate4  7,f7 ,recording1
 tracking1 reviewing1 and confirming    
implementation of recommendations from  
audits and investigations carried out by

 the ,inspector ,general of the         
,department1 the ,medical ,inspector of 
the ,department1 the ,special ,counsel1 
and the ,comptroller ,general of the    
,united ,states1 including the          
imposition of disciplinary actions and  
other corrective actions contained in   
such recommendations4  7,g7 ,analyzing  
data from the ,office and the ,office of
 ,inspector ,general telephone hotlines1
 other whistleblower disclosures1       
disaggregated by facility and area of   
health care if appropriate1 and relevant
 audits and investigations to identify  
trends and issue reports to the         
,secretary based on analysis conducted  
under this subparagraph4  7,h7          
,receiving1 reviewing1 and investigating
 allegations of misconduct1 retaliation1
 or poor performance involving--  7i7 an
 individual in a senior executive       
position 7as defined in section #gac7;d7
 of this title7 in the ,department2     
7ii7 an individual employed in a        
confidential1 policy-making1            

policy-determining1 or policy-advocating
 position in the ,department2 or  7iii7 
a supervisory employee1 if the          
allegation involves retaliation against 
an employee for making a whistleblower  
disclosure4  7,i7 ,making such          
recommendations to the ,secretary for   
disciplinary action as the ,assistant   
,secretary considers appropriate after  
substantiating any allegation of        
misconduct or poor performance pursuant 
to an investigation carried out as      
described in subparagraph 7,f7 or 7,h74 
7#b7 ,in carrying out the functions of  
the ,office1 the ,assistant ,secretary  
shall ensure that the ,office maintains 
a toll-free telephone number and        
,internet website to receive anonymous  
whistleblower disclosures4  7#c7 ,in any
 case in which the ,assistant ,secretary
 receives a whistleblower disclosure    
from an employee of the ,department     
under paragraph 7#a77;,c71 the          
,assistant ,secretary may not disclose  
the identity of the employee without the

 consent of the employee1 except in     
accordance with the provisions of       
section #eeb;a of title #e1 or as       
required by any other applicable        
provision of ,federal law4  7d7 ,staff  
and resources ,the ,secretary shall     
ensure that the ,assistant ,secretary   
has such staff1 resources1 and access to
 information as may be necessary to     
carry out the functions of the ,office4 
7e7 ,relation to ,office of ,general    
,counsel ,the ,office shall not be      
established as an element of the ,office
 of the ,general ,counsel and the       
,assistant ,secretary may not report to 
the ,general ,counsel4  7f7 ,reports    
7#a7 7,a7 ,not later than ,june #cj of  
each calendar year1 beginning with ,june
 #cj1 #bjag1 the ,assistant ,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 activities of the ,office during
 the calendar year in which the report  

is submitted4  7,b7 ,each report        
submitted under subparagraph 7,a7 shall 
include1 for the period covered by the  
report1 the following3  7i7 ,a full and 
substantive analysis of the activities  
of the ,office1 including such          
statistical information as the          
,assistant ,secretary considers         
appropriate4  7ii7 ,identification of   
any issues reported to the ,secretary   
under subsection 7c77#a77;,g71 including
 such data as the ,assistant ,secretary 
considers relevant to such issues and   
any trends the ,assistant ,secretary may
 have identified with respect to such   
issues4  7iii7 ,identification of such  
concerns as the ,assistant ,secretary   
may have regarding the size1 staffing1  
and resources of the ,office and such   
recommendations as the ,assistant       
,secretary may have for legislative or  
administrative action to address such   
concerns4  7iv7 ,such recommendations as
 the ,assistant ,secretary may have for 
legislative or administrative action to 

improve--  7,i7 the process by which    
concerns are reported to the ,office2   
and  7,,ii7 the protection of           
whistleblowers within the ,department4  
7v7 ,such other matters as the          
,assistant ,secretary considers         
appropriate regarding the functions of  
the ,office or other matters relating to
 the ,office4  7#b7 ,if the ,secretary  
receives a recommendation for           
disciplinary action under subsection    
7c77#a77;,i7 and does not take or       
initiate the recommended disciplinary   
action before the date that is #fj days 
after the date on which the ,secretary  
received the recommendation1 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 detailed             
justification for not taking or         
initiating such disciplinary action4    
7g7 ,definitions ,in this section3 7#a7 
,the term supervisory employee means an 

employee of the ,department who is a    
supervisor as defined in section        
#gajc7;a7 of title #e4  7#b7 ,the term  
whistleblower means one who makes a     
whistleblower disclosure4  7#c7 ,the    
term whistleblower disclosure means any 
disclosure of information by an employee
 of the ,department or individual       
applying to become an employee of the   
,department which the employee or       
individual reasonably believes          
evidences--  7,a7 a violation of a law1 
rule1 or regulation2 or  7,b7 gross     
mismanagement1 a gross waste of funds1  
an abuse of authority1 or a substantial 
and specific danger to public health or 
safety4  4  7b7 ,conforming amendment   
,section #cjh7;b7 of such title is      
amended by adding at the end the        
following new paragraph3  7#ab7 ,the    
functions set forth in section #cbc7;c7 
of this title4  4  7c7 ,clerical        
amendment ,the table of sections at the 
beginning of chapter #c of such title is
 amended by adding at the end the       

following new item3  #cbc4 ,office of   
,accountability and ,whistleblower      
,protection4  4  #ajb4 ,protection of   
whistleblowers in ,department of        
,veterans ,affairs  7a7 ,in general     
,subchapter ,,ii of chapter #g of title 
#ch1 ,united ,states ,code1 is amended  
by-- 7#a7 striking sections #gca1 #gcb1 
#gcd1 #gce1 and #gcf2  7#b7 by          
redesignating section #gcc as section   
#gca2 and  7#c7 by adding at the end the
 following new sections3  #gcb4         
,protection of whistleblowers as        
criteria in evaluation of supervisors   
7a7 ,development and use of criteria    
required ,the ,secretary1 in            
consultation with the ,assistant        
,secretary of ,accountability and       
,whistleblower ,protection1 shall       
develop criteria that--  7#a7 the       
,secretary shall use as a critical      
element in any evaluation of the        
performance of a supervisory employee2  
and  7#b7 promotes the protection of    
whistleblowers4  7b7 ,principles for    

protection of whistleblowers ,the       
criteria required by subsection 7a7     
shall include principles for the        
protection of whistleblowers1 such as   
the degree to which supervisory         
employees respond constructively when   
employees of the ,department report     
concerns1 take responsible action to    
resolve such concerns1 and foster an    
environment in which employees of the   
,department feel comfortable reporting  
concerns to supervisory employees or to 
the appropriate authorities4  7c7       
,supervisory employee and whistleblower 
defined ,in this section1 the terms     
supervisory employee and whistleblower  
have the meanings given such terms in   
section #cbc of this title4  #gcc4      
,training regarding whistleblower       
disclosures  7a7 ,training ,not less    
frequently than once every two years1   
the ,secretary1 in coordination with the
 ,whistleblower ,protection ,ombudsman  
designated under section #c7;d77#a77;,c7
 of the ,inspector ,general ,act of     

#aigh 7#e ,u4,s4,c4 ,app471 shall       
provide to each employee of the         
,department training regarding          
whistleblower disclosures1 including--  
7#a7 an explanation of each method      
established by law in which an employee 
may file a whistleblower disclosure2    
7#b7 the right of the employee to       
petition ,congress regarding a          
whistleblower disclosure in accordance  
with section #gbaa of title #e2  7#c7 an
 explanation that the employee may not  
be prosecuted or reprised against for   
disclosing information to ,congress1 the
 ,inspector ,general1 or another        
investigatory agency in instances where 
such disclosure is permitted by law1    
including under sections #egja1 #egje1  
and #ggcb of this title1 under section  
#eeb;a of title #e 7commonly referred to
 as the ,privacy ,act71 under chapter   
#ic of title #ah1 and pursuant to       
regulations promulgated under section   
#bfd7;c7 of the ,health ,insurance      
,portability and ,accountability ,act of

 #aiif 7,public ,law #ajd-aia72  7#d7 an
 explanation of the language that is    
required to be included in all          
nondisclosure policies1 forms1 and      
agreements pursuant to section          
#aae7;a77#a7 of the ,whistleblower      
,protection ,enhancement ,act of #bjab  
7#e ,u4,s4,c4 #bcjb note72 and  7#e7 the
 right of contractors to be protected   
from reprisal for the disclosure of     
certain information under section #dgje 
or #dgab of title #da4  7b7 ,manner     
training is provided ,the ,secretary    
shall ensure1 to the maximum extent     
practicable1 that training provided     
under subsection 7a7 is provided in     
person4  7c7 ,certification ,not less   
frequently than once every two years1   
the ,secretary shall provide training on
 merit system protection in a manner    
that the ,special ,counsel certifies as 
being satisfactory4  7d7 ,publication   
,the ,secretary shall publish on the    
,internet website of the ,department1   
and display prominently at each facility

 of the ,department1 the rights of an   
employee to make a whistleblower        
disclosure1 including the information   
described in paragraphs 7#a7 through    
7#e7 of subsection 7a74  7e7            
,whistleblower disclosure defined ,in   
this section1 the term whistleblower    
disclosure has the meaning given such   
term in section #cbc of this title4  4  
7b7 ,clerical amendments ,the table of  
sections at the beginning of such       
chapter is amended--  7#a7 by striking  
the items relating to sections #gca     
through #gcf2 and  7#b7 by adding at the
 end the following new items3  #gca4    
,adverse actions against supervisory    
employees who commit prohibited         
personnel actions relating to           
whistleblower complaints4#gcb4          
,protection of whistleblowers as        
criteria in evaluation of               
supervisors4#gcc4 ,training regarding   
whistleblower disclosures4  4  7c7      
,conforming amendments ,section #gca of 
such title1 as redesignated by          

subsection 7a77#b71 is amended-- 7#a7 in
 subsection 7c7--  7,a7 in paragraph    
7#a7-- 7i7 by striking subparagraphs    
7,a7 and 7,b7 and inserting the         
following3  7,a7 making a whistleblower 
disclosure to the ,assistant ,secretary 
for ,accountability and ,whistleblower  
,protection1 the ,inspector ,general of 
the ,department1 the ,special ,counsel1 
or ,congress2  2 and  7ii7 by           
redesignating subparagraphs 7,c7 through
 7,f7 as subparagraphs 7,b7 through     
7,e71 respectively2 and  7iii7 in       
subparagraph 7,b71 as redesignated by   
clause 7ii71 by striking complaint in   
accordance with section #gcb or with and
 inserting disclosure made to the       
,assistant ,secretary for               
,accountability and ,whistleblower      
,protection12 and  7,b7 in paragraph    
7#b71 by striking through 7,f7 and      
inserting through 7,e72 and  7#b7 by    
adding at the end the following new     
subsection3  7d7 ,whistleblower         
disclosure defined ,in this section1 the

 term whistleblower disclosure has the  
meaning given such term in section      
#cbc7;g7 of this title4  4  #ajc4       
,report on methods used to investigate  
employees of ,department of ,veterans   
,affairs  7a7 ,report required ,not     
later than #edj days after the date of  
the enactment of this ,act1 the         
,assistant ,secretary for               
,accountability and ,whistleblower      
,protection shall submit to the         
,secretary of ,veterans ,affairs1 the   
,committee on ,veterans' ,affairs of the
 ,senate1 and the ,committee on         
,veterans' ,affairs of the ,house of    
,representatives a report on methods    
used to investigate employees of the    
,department of ,veterans ,affairs and   
whether such methods are used to        
retaliate against whistleblowers4  7b7  
,contents ,the report required by       
subsection 7a7 shall include the        
following3 7#a7 ,an assessment of the   
use of administrative investigation     
boards1 peer review1 searches of medical

 records1 and other methods for         
investigating employees of the          
,department4  7#b7 ,a determination of  
whether and to what degree the methods  
described in paragraph 7#a7 are being   
used to retaliate against               
whistleblowers4  7#c7 ,recommendations  
for legislative or administrative action
 to implement safeguards to prevent the 
retaliation described in paragraph 7#b74
  7c7 ,whistleblower defined ,in this   
section1 the term whistleblower has the 
meaning given such term in section #cbc 
of title #ch1 ,united ,states ,code1 as 
added by section #aja4  ,,ii            
,accountability of senior executives1   
supervisors1 and other employees  #bja4 
,improved authorities of ,secretary of  
,veterans ,affairs to improve           
accountability of senior executives  7a7
 ,in general ,section #gac of title #ch1
 ,united ,states ,code1 is amended to   
read as follows3  #gac4 ,senior         
executives3 removal1 demotion1 or       
suspension based on performance or      

misconduct  7a7 ,authority  7#a7 ,the   
,secretary may1 as provided in this     
section1 reprimand or suspend1          
involuntarily reassign1 demote1 or      
remove a covered individual from a      
senior executive position at the        
,department if the ,secretary determines
 that the misconduct or performance of  
the covered individual warrants such    
action4  7#b7 ,if the ,secretary so     
removes such an individual1 the         
,secretary may remove the individual    
from the civil service 7as defined in   
section #baja of title #e74  7b7 ,rights
 and procedures  7#a7 ,a covered        
individual who is the subject of an     
action under subsection 7a7 is entitled 
to-- 7,a7 advance notice of the action  
and a file containing all evidence in   
support of the proposed action2  7,b7 be
 represented by an attorney or other    
representative of the covered           
individual's choice2 and  7,c7 grieve   
the action in accordance with an        
internal grievance process that the     

,secretary1 in consultation with the    
,assistant ,secretary for               
,accountability and ,whistleblower      
,protection1 shall establish for        
purposes of this subsection4  7#b7 7,a7 
,the aggregate period for notice1       
response1 and decision on an action     
under subsection 7a7 may not exceed #ae 
business days4  7,b7 ,the period for the
 response of a covered individual to a  
notice under paragraph 7#a77;,a7 of an  
action under subsection 7a7 shall be #g 
business days4  7,c7 ,a decision under  
this paragraph on an action under       
subsection 7a7 shall be issued not later
 than #ae business days after notice of 
the action is provided to the covered   
individual under paragraph 7#a77;,a74   
,the decision shall be in writing1 and  
shall include the specific reasons      
therefor4  7#c7 ,the ,secretary shall   
ensure that the grievance process       
established under paragraph 7#a77;,c7   
takes fewer than #ba days4  7#d7 ,a     
decision under paragraph 7#b7 that is   

not grieved1 and a grievance decision   
under paragraph 7#c71 shall be final and
 conclusive4  7#e7 ,a covered individual
 adversely affected by a decision under 
paragraph 7#b7 that is not grieved1 or  
by a grievance decision under paragraph 
7#c71 may obtain judicial review of such
 decision4  7#f7 ,in any case in which  
judicial review is sought under         
paragraph 7#e71 the court shall review  
the record and may set aside any        
,department action found to be--  7,a7  
arbitrary1 capricious1 an abuse of      
discretion1 or otherwise not in         
accordance with a provision of law2     
7,b7 obtained without procedures        
required by a provision of law having   
been followed2 or  7,c7 unsupported by  
substantial evidence4  7c7 ,relation to 
other provisions of law ,section        
#ceib7;b77#a7 of title #e and the       
procedures under section #gedc7;b7 of   
such title do not apply to an action    
under subsection 7a74  7d7 ,definitions 
,in this section3 7#a7 ,the term covered

 individual means--  7,a7 a career      
appointee 7as that term is defined in   
section #cacb7;a77#d7 of title #e72 or  
7,b7 any individual who occupies an     
administrative or executive position and
 who was appointed under section        
#gcjf7;a71 section #gdja7a71 or section 
#gdja7d7 of this title4  7#b7 ,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#c7 ,the term senior executive position
 means-- 7,a7 with respect to a career  
appointee 7as that term is defined in   
section #cacb7;a7 of title #e71 a       
,senior ,executive ,service position 7as
 such term is defined in such section72 
and  7,b7 with respect to a covered     
individual appointed under section      
#gcjf7;a7 or section #gdja7a7 of this   
title1 an administrative or executive   
position4  4  7b7 ,conforming amendment 
,section #gdfa7;c77#a7 of such title is 
amended by inserting employees in senior

 executive positions 7as defined in     
section #gac7;d7 of this title7 and     
before interns4  7c7 ,clerical amendment
 ,the table of sections at the beginning
 of chapter #g of such title is amended 
by striking the item relating to section
 #gac and inserting the following new   
item3  #gac4 ,senior executives3        
removal1 demotion1 or suspension based  
on performance or misconduct4  4  #bjb4 
,improved authorities of ,secretary of  
,veterans ,affairs to improve           
accountability of employees  7a7 ,in    
general ,subchapter ,i of chapter #g of 
title #ch1 ,united ,states ,code1 is    
amended by inserting after section #gac 
the following new section3  #gad4       
,employees3 removal1 demotion1 or       
suspension based on performance or      
misconduct  7a7 ,in general  7#a7 ,the  
,secretary may remove1 demote1 or       
suspend a covered individual who is an  
employee of the ,department if the      
,secretary determines the performance or
 misconduct of the covered individual   

warrants such removal1 demotion1 or     
suspension4  7#b7 ,if the ,secretary so 
removes1 demotes1 or suspends such a    
covered individual1 the ,secretary may--
  7,a7 remove the covered individual    
from the civil service 7as defined in   
section #baja of title #e72  7,b7 demote
 the covered individual by means of a   
reduction in grade for which the covered
 individual is qualified1 that the      
,secretary determines is appropriate1   
and that reduces the annual rate of pay 
of the covered individual2 or  7,c7     
suspend the covered individual4  7b7    
,pay of certain demoted individuals     
7#a7 ,notwithstanding any other         
provision of law1 any covered individual
 subject to a demotion under subsection 
7a77#b7 shall1 beginning on the date of 
such demotion1 receive the annual rate  
of pay applicable to such grade4  7#b7  
7,a7 ,a covered individual so demoted   
may not be placed on administrative     
leave during the period during which an 
appeal 7if any7 under this section is   

ongoing1 and may only receive pay if the
 covered individual reports for duty or 
is approved to use accrued unused       
annual1 sick1 family medical1 military1 
or court leave4  7,b7 ,if a covered     
individual so demoted does not report   
for duty or receive approval to use     
accrued unused leave1 such covered      
individual shall not receive pay or     
other benefits pursuant to subsection   
7d77#e74  7c7 ,procedure  7#a7 7,a7 ,the
 aggregate period for notice1 response1 
and final decision in a removal1        
demotion1 or suspension under this      
section may not exceed #ae business     
days4  7,b7 ,the period for the response
 of a covered individual to a notice of 
a proposed removal1 demotion1 or        
suspension under this section shall be  
#g business days4  7,c7 ,paragraph 7#c7 
of subsection 7b7 of section #geac of   
title #e shall apply with respect to a  
removal1 demotion1 or suspension under  
this section4  7,d7 ,the procedures in  
this subsection shall supersede any     

collective bargaining agreement to the  
extent that such agreement is           
inconsistent with such procedures4  7#b7
 ,the ,secretary shall issue a final    
decision with respect to a removal1     
demotion1 or suspension under this      
section not later than #ae business days
 after the ,secretary provides notice1  
including a file containing all the     
evidence in support of the proposed     
action1 to the covered individual of the
 removal1 demotion1 or suspension4 ,the 
decision shall be in writing and shall  
include the specific reasons therefor4  
7#c7 ,the procedures under chapter #dc  
of title #e shall not apply to a        
removal1 demotion1 or suspension under  
this section4  7#d7 7,a7 ,subject to    
subparagraph 7,b7 and subsection 7d71   
any removal or demotion under this      
section1 and any suspension of more than
 #ad days under this section1 may be    
appealed to the ,merit ,systems         
,protection ,board1 which shall refer   
such appeal to an administrative judge  

pursuant to section #ggja7;b77#a7 of    
title #e4  7,b7 ,an appeal under        
subparagraph 7,a7 of a removal1         
demotion1 or suspension may only be made
 if such appeal is made not later than  
#aj business days after the date of such
 removal1 demotion1 or suspension4  7d7 
,expedited review  7#a7 ,upon receipt of
 an appeal under subsection             
7c77#d77;,a71 the administrative judge  
shall expedite any such appeal under    
section #ggja7;b77#a7 of title #e and1  
in any such case1 shall issue a final   
and complete decision not later than    
#ahj days after the date of the appeal4 
7#b7 7,a7 ,notwithstanding section      
#ggja7;c77#a77;,b7 of title #e1 the     
administrative judge shall uphold the   
decision of the ,secretary to remove1   
demote1 or suspend an employee under    
subsection 7a7 if the decision is       
supported by substantial evidence4  7,b7
 ,notwithstanding title #e or any other 
provision of law1 if the decision of the
 ,secretary is supported by substantial 

evidence1 the administrative judge shall
 not mitigate the penalty prescribed by 
the ,secretary4  7#c7 7,a7 ,the decision
 of the administrative judge under      
paragraph 7#a7 may be appealed to the   
,merit ,systems ,protection ,board4     
7,b7 ,notwithstanding section           
#ggja7;c77#a77;,b7 of title #e1 the     
,merit ,systems ,protection ,board shall
 uphold the decision of the ,secretary  
to remove1 demote1 or suspend an        
employee under subsection 7a7 if the    
decision is supported by substantial    
evidence4  7,c7 ,notwithstanding title  
#e or any other provision of law1 if the
 decision of the ,secretary is supported
 by substantial evidence1 the ,merit    
,systems ,protection ,board shall not   
mitigate the penalty prescribed by the  
,secretary4  7#d7 ,in any case in which 
the administrative judge cannot issue a 
decision in accordance with the         
#ahj-;day requirement under paragraph   
7#a71 the ,merit ,systems ,protection   
,board shall1 not later than #ad        

business days after the expiration of   
the #ahj-;day period1 submit to the     
,committee on ,veterans' ,affairs of the
 ,senate and the ,committee on          
,veterans' ,affairs of the ,house of    
,representatives a report that explains 
the reasons why a decision was not      
issued in accordance with such          
requirement4  7#e7 7,a7 ,a decision of  
the ,merit ,systems ,protection ,board  
under paragraph 7#c7 may be appealed to 
the ,united ,states ,court of ,appeals  
for the ,federal ,circuit pursuant to   
section #ggjc of title #e or to any     
court of appeals of competent           
jurisdiction pursuant to subsection     
7b77#a77;,b7 of such section4  7,b7 ,any
 decision by such ,court shall be in    
compliance with section #gdfb7;f77#b7 of
 this title4  7#f7 ,the ,merit ,systems 
,protection ,board may not stay any     
removal or demotion under this section1 
except as provided in section #abad7;b7 
of title #e4  7#g7 ,during the period   
beginning on the date on which a covered

 individual appeals a removal from the  
civil service under subsection 7c7 and  
ending on the date that the ,united     
,states ,court of ,appeals for the      
,federal ,circuit issues a final        
decision on such appeal1 such covered   
individual may not receive any pay1     
awards1 bonuses1 incentives1 allowances1
 differentials1 student loan repayments1
 special payments1 or benefits related  
to the employment of the individual by  
the ,department4  7#h7 ,to the maximum  
extent practicable1 the ,secretary shall
 provide to the ,merit ,systems         
,protection ,board such information and 
assistance as may be necessary to ensure
 an appeal under this subsection is     
expedited4  7#i7 ,if an employee        
prevails on appeal under this section1  
the employee shall be entitled to       
backpay 7as provided in section #eeif of
 title #e74  7#aj7 ,if an employee who  
is subject to a collective bargaining   
agreement chooses to grieve an action   
taken under this section through a      

grievance procedure provided under the  
collective bargaining agreement1 the    
timelines and procedures set forth in   
subsection 7c7 and this subsection shall
 apply4  7e7 ,whistleblower protection  
7#a7 ,in the case of a covered          
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 remove1 demote1 or suspend such 
covered individual under subsection 7a7 
without the approval of the ,special    
,counsel under section #abad7;f7 of     
title #e4  7#b7 ,in the case of a       
covered individual who has made a       
whistleblower disclosure to the         
,assistant ,secretary for               
,accountability and ,whistleblower      
,protection1 the ,secretary may not     
remove1 demote1 or suspend such covered 
individual under subsection 7a7 until-- 
7,a7 in the case in which the ,assistant

 ,secretary determines to refer the     
whistleblower disclosure under section  
#cbc7;c77#a77;,d7 of this title to an   
office or other investigative entity1 a 
final decision with respect to the      
whistleblower disclosure has been made  
by such office or other investigative   
entity2 or  7,b7 in the case in which   
the ,assistant ,secretary determines not
 to the refer the whistleblower         
disclosure under such section1 the      
,assistant ,secretary makes such        
determination4  7f7 ,termination of     
investigations by ,office of ,special   
,counsel  7#a7 ,notwithstanding any     
other provision of law1 the ,special    
,counsel 7established by section #abaa  
of title #e7 may terminate an           
investigation of a prohibited personnel 
practice alleged by an employee or      
former employee of the ,department after
 the ,special ,counsel provides to the  
employee or former employee a written   
statement of the reasons for the        
termination of the investigation4  7#b7 

,such statement may not be admissible as
 evidence in any judicial or            
administrative proceeding without the   
consent of such employee or former      
employee4  7g7 ,vacancies ,in the case  
of a covered individual who is removed  
or demoted under subsection 7a71 to the 
maximum extent feasible1 the ,secretary 
shall fill the vacancy arising as a     
result of such removal or demotion4  7h7
 ,definitions ,in this section3 7#a7    
,the term covered individual means an   
individual occupying a position at the  
,department1 but does not include--     
7,a7 an individual occupying a senior   
executive position 7as defined in       
section #gac7;d7 of this title72  7,b7  
an individual appointed pursuant to     
sections #gcjf1 #gdja7a71 #gdja7d71 or  
#gdje of this title2  7,c7 an individual
 who has not completed a probationary or
 trial period2 or  7,d7 a political     
appointee4  7#b7 ,the term suspend means
 the placing of an employee1 for        
disciplinary reasons1 in a temporary    

status without duties and pay for a     
period in excess of #ad days4  7#c7 ,the
 term grade has the meaning given such  
term in section #geaa7;a7 of title #e4  
7#d7 ,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#e7 ,the term political     
appointee means an individual who is--  
7,a7 employed in a position described   
under sections #ecab through #ecaf of   
title #e 7relating to the ,executive    
,schedule72  7,b7 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 employed in a        
position of a confidential or           
policy-determining character under      
schedule ,c of subpart ,c of part #bac  
of title #e1 ,code of ,federal          
,regulations1 or successor regulation4  

7#f7 ,the term whistleblower disclosure 
has the meaning given such term in      
section #cbc7;g7 of this title4  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  #gad4 ,employees3  
removal1 demotion1 or suspension based  
on performance or misconduct4  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 removal
 or demotion under section #gad of title
 #ch4  4  #bjc4 ,reduction of benefits  
for ,department of ,veterans ,affairs   
employees convicted of certain crimes   
7a7 ,reduction of benefits  7#a7 ,in    
general ,subchapter ,i of chapter #g of 
title #ch1 ,united ,states ,code1 is    

amended by adding at the end the        
following new section3  #gai4 ,reduction
 of benefits of employees convicted of  
certain crimes  7a7 ,reduction of       
annuity for removed employee  7#a7 ,the 
,secretary shall order that the covered 
service of an employee of the           
,department removed from a position for 
performance or misconduct under section 
#gac1 #gad1 or #gdfa of this title or   
any other provision of law 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--  7,a7 the 
,secretary determines that the          
individual is convicted of a felony 7and
 the conviction is final7 that          
influenced the individual's performance 
while employed in the position2 and     
7,b7 before such order is made1 the     
individual is afforded-- 7i7 notice of  
the proposed order2 and  7ii7 an        
opportunity to respond to the proposed  
order by not later than ten business    

days following receipt of such notice2  
and  7,c7 the ,secretary issues the     
order-- 7i7 in the case of a proposed   
order to which an individual responds   
under subparagraph 7,b77ii71 not later  
than five business days after receiving 
the response of the individual2 or  7ii7
 in the case of a proposed order to     
which an individual does not respond1   
not later than #ae business days after  
the ,secretary provides notice to the   
individual under subparagraph 7,b77i74  
7#b7 ,any individual with respect to    
whom an annuity is reduced under this   
subsection may appeal the reduction to  
the ,director of the ,office of         
,personnel ,management pursuant to such 
regulations as the ,director may        
prescribe for purposes of this          
subsection4  7b7 ,reduction of annuity  
for retired employee  7#a7 ,the         
,secretary may order that the covered   
service of an individual who the        
,secretary proposes to remove for       
performance or misconduct under section 

#gac1 #gad1 or #gdfa of this title or   
any other provision of law 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--   
7,a7 the ,secretary determines that     
individual is convicted of a felony 7and
 the conviction is final7 that          
influenced the individual's performance 
while employed in the position2 and     
7,b7 before such order is made1 the     
individual is afforded-- 7i7 notice of  
the proposed order2  7ii7 opportunity to
 respond to the proposed order by not   
later than ten business days following  
receipt of such notice2 and  7,c7 the   
,secretary issues the order-- 7i7 in the
 case of a proposed order to which an   
individual responds under subparagraph  
7,b77ii71 not later than five business  
days after receiving the response of the

 individual2 or  7ii7 in the case of a  
proposed order to which an individual   
does not respond1 not later than #ae    
business days after the ,secretary      
provides notice to the individual under 
subparagraph 7,b77i74  7#b7 ,upon the   
issuance of an order by the ,secretary  
under paragraph 7#a71 the individual    
shall have an opportunity to appeal the 
order to the ,director of the ,office of
 ,personnel ,management before the date 
that is seven business days after the   
date of such issuance4  7#c7 ,the       
,director of the ,office of ,personnel  
,management shall make a final decision 
with respect to an appeal under         
paragraph 7#b7 within #cj business days 
of receiving the appeal4  7c7           
,administrative requirements ,not later 
than #cg business days after the        
,secretary issues a final order under   
subsection 7a7 or 7b7 with respect to an
 individual1 the ,director of the       
,office of ,personnel ,management shall 
recalculate the annuity of the          

individual4  7d7 ,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  7e7     
,spouse or children exception  7#a7 ,the
 ,secretary1 in consultation with the   
,director of the ,office of ,personnel  
,management1 shall prescribe regulations
 that may provide for the payment to the
 spouse or children of any individual   
referred to in subsection 7a7 or 7b7 of 
any amounts which 7but for this         
subsection7 would otherwise have been   
nonpayable by reason of such            
subsections4  7#b7 ,regulations         
prescribed under paragraph 7#a7 shall be
 consistent with the requirements of    
section #hccb7o77#e7 and #hdaa7l77#e7 of
 title #e1 as the case may be4  7f7     
,definitions ,in this section3 7#a7 ,the
 term covered service means1 with       
respect to an individual subject to a   

removal for performance or misconduct   
under section #gai or #gdfa of this     
title or any other provision of law1 the
 period of service beginning on the date
 that the ,secretary determines under   
such applicable provision that the      
individual engaged in activity that gave
 rise to such action and ending on the  
date that the individual is removed from
 or leaves a position of employment at  
the ,department prior to the issuance of
 a final decision with respect to such  
action4  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 service has the meaning given 
such term in section #hcca7ab7 or       
section #hdja7bf7 of title #e1 as the   
case may be4  4  7#b7 ,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 #gag the following  
new item3  #gai4 ,reduction of benefits 

of employees convicted of certain       
crimes4  4  7b7 ,application ,section   
#gai of title #ch1 ,united ,states      
,code1 as added by subsection 7a77#a71  
shall apply to any action of removal of 
an employee of the ,department of       
,veterans ,affairs under section #gai or
 #gdfa of such title or any other       
provision of law1 commencing on or after
 the date of the enactment of this ,act4
  #bjd4 ,authority to recoup bonuses or 
awards paid to employees of ,department 
of ,veterans ,affairs  7a7 ,in general  
,subchapter ,i of chapter #g of title   
#ch1 ,united ,states ,code1 as amended  
by section #bjc1 is further amended by  
adding at the end the following new     
section3  #gba4 ,recoupment of bonuses  
or awards paid to employees of          
,department  7a7 ,in general            
,notwithstanding any other provision of 
law1 the ,secretary may issue an order  
directing an employee of the ,department
 to repay the amount1 or a portion of   
the amount1 of any award or bonus paid  

to the employee under title #e1         
including under chapters #de or #ec of  
such title1 or this title if--  7#a7 the
 ,secretary determines that the         
individual engaged in misconduct or poor
 performance prior to payment of the    
award or bonus1 and that such award or  
bonus would not have been paid1 in whole
 or in part1 had the misconduct or poor 
performance been known prior to payment2
 and  7#b7 before such repayment1 the   
employee is afforded-- 7,a7 notice of   
the proposed order2 and  7,b7 an        
opportunity to respond to the proposed  
order by not later than #aj business    
days after the receipt of such notice2  
and  7#c7 the ,secretary issues the     
order-- 7,a7 in the case of a proposed  
order to which an individual responds   
under paragraph 7#b77;,b71 not later    
than five business days after receiving 
the response of the individual2 or  7,b7
 in the case of a proposed order to     
which an individual does not respond1   
not later than #ae business days after  

the ,secretary provides notice to the   
individual under paragraph 7#b77;,a74   
7b7 ,appeal of order of ,secretary  7#a7
 ,upon the issuance of an order by the  
,secretary under subsection 7a7 with    
respect to an individual1 the individual
 shall have an opportunity to appeal the
 order to the ,director of the ,office  
of ,personnel ,management before the    
date that is seven business days after  
the date of such issuance4  7#b7 ,the   
,director shall make a final decision   
with respect to an appeal under         
paragraph 7#a7 within #cj business days 
after receiving such appeal4  4  7b7    
,clerical amendment ,the table of       
sections at the beginning of such       
chapter1 as amended by section          
#bjc7;a77#b71 is further amended by     
inserting after the item relating to    
section #gai the following new item3    
#gba4 ,recoupment of bonuses or awards  
paid to employees of ,department4  4    
7c7 ,effective date ,section #gba of    
title #ch1 ,united ,states ,code1 as    

added by subsection 7a71 shall apply    
with respect to an award or bonus paid  
by the ,secretary of ,veterans ,affairs 
to an employee of the ,department of    
,veterans ,affairs on or after the date 
of the enactment of this ,act4  7d7     
,construction ,nothing in this ,act or  
the amendments made by this ,act may be 
construed to modify the certification   
issued by the ,office of ,personnel     
,management and the ,office of          
,management and ,budget regarding the   
performance appraisal system of the     
,senior ,executive ,service of the      
,department of ,veterans ,affairs4      
#bje4 ,authority to recoup relocation   
expenses paid to or on behalf of        
employees of ,department of ,veterans   
,affairs  7a7 ,in general ,subchapter ,i
 of chapter #g of title #ch1 ,united    
,states ,code1 as amended by section    
#bjd1 is further amended by adding at   
the end the following new section3      
#gbc4 ,recoupment of relocation expenses
 paid on behalf of employees of         

,department  7a7 ,in general            
,notwithstanding any other provision of 
law1 the ,secretary may issue an order  
directing an employee of the ,department
 to repay the amount1 or a portion of   
the amount1 paid to or on behalf of the 
employee under title #e for relocation  
expenses1 including any expenses under  
section #egbd or #egbd;a of such title1 
or this title if--  7#a7 the ,secretary 
determines that relocation expenses were
 paid following an act of fraud or      
malfeasance that influenced the         
authorization of the relocation         
expenses2  7#b7 before such repayment1  
the employee is afforded-- 7,a7 notice  
of the proposed order2 and  7,b7 an     
opportunity to respond to the proposed  
order not later than ten business days  
following the receipt of such notice2   
and  7#c7 the ,secretary issues the     
order-- 7,a7 in the case of a proposed  
order to which an individual responds   
under paragraph 7#b77;,b71 not later    
than five business days after receiving 

the response of the individual2 or  7,b7
 in the case of a proposed order to     
which an individual does not respond1   
not later than #ae business days after  
the ,secretary provides notice to the   
individual under paragraph 7#b77;,a74   
7b7 ,appeal of order of ,secretary  7#a7
 ,upon the issuance of an order by the  
,secretary under subsection 7a7 with    
respect to an individual1 the individual
 shall have an opportunity to appeal the
 order to the ,director of the ,office  
of ,personnel ,management before the    
date that is seven business days after  
the date of such issuance4  7#b7 ,the   
,director shall make a final decision   
with respect to an appeal under         
paragraph 7#a7 within #cj days after    
receiving such appeal4  4  7b7 ,clerical
 amendment ,the table of sections at the
 beginning of such chapter is further   
amended by inserting after the item     
relating to section #gba1 as added by   
section #bjd7;b71 the following new     
item3  #gbc4 ,recoupment of relocation  

expenses paid on behalf of employees of 
,department4  4  7c7 ,effective date    
,section #gbc of title #ch1 ,united     
,states ,code1 as added by subsection   
7a71 shall apply with respect to an     
amount paid by the ,secretary of        
,veterans ,affairs to or on behalf of an
 employee of the ,department of         
,veterans ,affairs for relocation       
expenses on or after the date of the    
enactment of this ,act4  #bjf4 ,time    
period for response to notice of adverse
 actions against supervisory employees  
who commit prohibited personnel actions 
,section #gca7;a77#b77;,b7 of title #ch1
 ,united ,states ,code1 as redesignated 
by section #ajb7;a77#b71 is amended--   
7#a7 in clause 7i71 by striking #ad days
 and inserting #aj days2 and  7#b7 in   
clause 7ii71 by striking #ad-;day period
 and inserting #aj-;day period4  #bjg4  
,direct hiring authority for medical    
center directors and ,,visn directors   
7a7 ,in general ,section #gdja of title 
#ch1 ,united ,states ,code1 is amended  

by adding at the end the following new  
paragraph3  7#d7 ,directors of medical  
centers and directors of ,veterans      
,integrated ,service ,networks with     
demonstrated ability in the medical     
profession1 in health care              
administration1 or in health care fiscal
 management4  4  7b7 ,conforming        
amendments ,section #gdjd7;a77#a7 of    
such title is amended-- 7#a7 by         
inserting 7,a7 before ,the annual2 and  
7#b7 in subparagraph 7,a71 as designated
 by paragraph 7#a7-- 7,a7 by inserting  
and #gdja7d7 after #gcjf2 and  7,b7 by  
adding at the end the following new     
subparagraph3  7,b7 ,section #ecgg of   
title #e shall apply to a position under
 section #gdja7d7 of this title as if   
such position were included in the      
definition of position in section       
#ecgg7;a7 of title #e4  4  #bjh4 ,time  
periods for review of adverse actions   
with respect to certain employees  7a7  
,physicians1 dentists1 podiatrists1     
chiropractors1 optometrists1 registered 

nurses1 physician assistants1 and       
expanded-function dental auxiliaries    
,paragraph 7#b7 of section #gdfa7;b7 of 
title #ch1 ,united ,states ,code1 is    
amended to read as follows3  7#b7 ,in   
any case other than a case described in 
paragraph 7#a7 that involves or includes
 a question of professional conduct or  
competence in which a major adverse     
action was not taken1 such an appeal    
shall be made through ,department       
grievance procedures under section #gdfc
 of this title4  4  7b7 ,major adverse  
actions involving professional conduct  
or competence ,section #gdfb7;b7 of such
 title is amended-- 7#a7 in paragraph   
7#a7--  7,a7 in the matter preceding    
subparagraph 7,a71 by inserting 1 within
 the aggregate time period specified in 
paragraph 7#e77;,a71 after is entitled2 
7,b7 in subparagraph 7,a7--  7i7 by     
striking ,at least #cj days advance     
written notice and inserting ,advance   
written notice2  7ii7 by striking and a 
statement and inserting a statement2 and

  7iii7 by inserting and a file         
containing all the evidence in support  
of each charge1 after with respect to   
each charge12 and  7,c7 in subparagraph 
7,b71 by striking ,a reasonable time1   
but not less than seven days and        
inserting ,the opportunity1 within the  
time period provided for in paragraph   
7#d77;,a72  7#b7 by striking paragraph  
7#c7 and inserting the following new    
paragraph 7#c73  7#c7 ,after considering
 the employee's answer1 if any1 and     
within the time period provided for in  
paragraph 7#e77;,b71 the deciding       
official shall render a decision on the 
charges4 ,the decision shall be in      
writing and shall include the specific  
reasons therefor4  2  7#c7 in paragraph 
7#d7-- 7,a7 by striking subparagraph    
7,a7 and inserting the following new    
subparagraph 7,a73  7,a7 ,the period for
 the response of an employee under      
paragraph 7#a77;,b7 to advance written  
under paragraph 7#a77;,a7 shall be seven
 business days4  2 and  7,b7 in         

subparagraph 7,b71 by striking #cj days 
and inserting seven business days2 and  
7#d7 by adding at the end the following 
new paragraphs3  7#e7 7,a7 ,the         
aggregate period for the resolution of  
charges against an employee under this  
subsection may not exceed #ae business  
days4  7,b7 ,the deciding official shall
 render a decision under paragraph 7#c7 
on charges under this subsection not    
later than #ae business days after the  
,under ,secretary provides notice on the
 charges for purposes of paragraph      
7#a77;,a74  7#f7 ,the procedures in this
 subsection shall supersede any         
collective bargaining agreement to the  
extent that such agreement is           
inconsistent with such procedures4  4   
7c7 ,other adverse actions ,section     
#gdfc7;c7 of such title is amended--    
7#a7 in paragraph 7#a71 by striking the 
same notice and opportunity to answer   
with respect to those charges as        
provided in subparagraphs 7,a7 and 7,b7 
of section #gdfb7;b77#a7 of this title  

and inserting notice and an opportunity 
to answer with respect to those charges 
in accordance with subparagraphs 7,a7   
and 7,b7 of section #gdfb7;b77#a7 of    
this title1 but within the time periods 
specified in paragraph 7#c72  7#b7 in   
paragraph 7#b7-- 7,a7 in the matter     
preceding subparagraph 7,a71 by         
inserting 1 within the aggregate time   
period specified in paragraph 7#c77;,a71
 after is entitled2  7,b7 in            
subparagraph 7,a71 by striking an       
advance written notice and inserting    
written notice2 and  7,c7 in            
subparagraph 7,b71 by striking a        
reasonable time and inserting time to   
answer2 and  7#c7 by adding at the end  
the following new paragraph 7#c73  7#c7 
7,a7 ,the aggregate period for the      
resolution of charges against an        
employee under paragraph 7#a7 or 7#b7   
may not exceed #ae business days4  7,b7 
,the period for the response of an      
employee under paragraph 7#a7 or        
7#b77;,b7 to written notice of charges  

under paragraph 7#a7 or 7#b77;,a71 as   
applicable1 shall be seven business     
days4  7,c7 ,the deciding official shall
 render a decision on charges under     
paragraph 7#a7 or 7#b7 not later than   
#ae business days after notice is       
provided on the charges for purposes of 
paragraph 7#a7 or 7#b77;,a71 as         
applicable4  4  #bji4 ,improvement of   
training for supervisors  7a7 ,in       
general ,the ,secretary of ,veterans    
,affairs shall provide to each employee 
of the ,department of ,veterans ,affairs
 who is employed as a supervisor        
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 who report to the        
supervisor4  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  7b7 ,definitions ,in this   
section3 7#a7 ,supervisor ,the term     
supervisor has the meaning given such   
term in section #gajc7;a7 of title #e1  
,united ,states ,code4  7#b7            
,whistleblower ,the term whistleblower  
has the meaning given such term in      
section #cbc7;g7 of title #ch1 ,united  
,states ,code1 as added by section #aja4
  #baj4 ,assessment and report on effect
 on senior executives at ,department of 
,veterans ,affairs  7a7 ,in general ,not
 later than two years after the date of 
the enactment of this ,act1 the         
,secretary of ,veterans ,affairs shall--
  7#a7 measure and assess the effect of 
the enactment of this title on the      
morale1 engagement1 hiring1 promotion1  
retention1 discipline1 and productivity 
of individuals in senior executive      
positions at the ,department of         
,veterans ,affairs2 and  7#b7 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        
findings of the ,secretary with respect 
to the measurement and assessment       
carried out under paragraph 7#a74  7b7  
,elements ,the assessment required by   
subsection 7a77#a7 shall include the    
following3 7#a7 ,with respect to        
engagement1 trends in morale of         
individuals in senior executive         
positions and individuals aspiring to   
senior executive positions4  7#b7 ,with 
respect to promotions-- 7,a7 whether the
 ,department is experiencing an increase
 or decrease in the number of employees 
participating in leadership development 
and candidate development programs with 
the intention of becoming candidates for
 senior executive positions2 and  7,b7  
trends in applications to senior        
executive positions within the          
,department4  7#c7 ,with respect to     
retention--  7,a7 trends in retirement  

rates of individuals in senior executive
 positions at the ,department2  7,b7    
trends in quit rates of individuals in  
senior executive positions at the       
,department2  7,c7 rates of transfer    
of-- 7i7 individuals from other ,federal
 agencies into senior executive         
positions at the ,department2 and  7ii7 
individuals from senior executive       
positions at the ,department to other   
,federal agencies2 and  7,d7 trends in  
total loss rates by job function4  7#d7 
,with respect to disciplinary           
processes--  7,a7 regarding individuals 
in senior executive positions at the    
,department who are the subject of      
disciplinary action--  7i7 the length of
 the disciplinary process in days for   
such individuals both before the date of
 the enactment of this ,act and under   
the provisions of this ,act described in
 subsection 7a77#a72 and  7ii7 the      
extent to which appeals by such         
individuals are upheld under such       
provisions as compared to before the    

date of the enactment of this ,act2     
7,b7 the components or offices of the   
,department which experience the        
greatest number of proposed adverse     
actions against individuals in senior   
executive positions and components and  
offices which experience the least      
relative to the size of the components  
or offices' total number of senior      
executive positions2  7,c7 the tenure of
 individuals in senior executive        
positions who are the subject of        
disciplinary action2  7,d7 whether the  
individuals in senior executive         
positions who are the subject of        
disciplinary action have previously been
 disciplined2 and  7,e7 the number of   
instances of disciplinary action taken  
by the ,secretary against individuals in
 senior executive positions at the      
,department as compared to              
governmentwide discipline against       
individuals in ,senior ,executive       
,service positions 7as defined in       
section #cacb7;a7 of title #e1 ,united  

,states ,code7 as a percentage of the   
total number of individuals in senior   
executive positions at the ,department  
and ,senior ,executive ,service         
positions 7as so defined74  7#e7 ,with  
respect to hiring-- 7,a7 the degree to  
which the skills of newly hired         
individuals in senior executive         
positions at the ,department are        
appropriate with respect to the needs of
 the ,department2  7,b7 the types of    
senior executive positions at the       
,department most commonly filled under  
the authorities in the provisions       
described in subsection 7a77#a72  7,c7  
the number of senior executive positions
 at the ,department filled by hires     
outside of the ,department compared to  
hires from within the ,department2  7,d7
 the length of time to fill a senior    
executive position at the ,department   
and for a new hire to begin working in a
 new senior executive position2  7,e7   
the mission-critical deficiencies filled
 by newly hired individuals in senior   

executive positions and the connection  
between mission-critical deficiencies   
filled under the provisions described in
 subsection 7a7 and annual performance  
of the ,department2  7,f7 the           
satisfaction of applicants for senior   
executive positions at the ,department  
with the hiring process1 including the  
clarity of job announcements1 reasons   
for withdrawal of applications1         
communication regarding status of       
applications1 and timeliness of hiring  
decision2 and  7,g7 the satisfaction of 
newly hired individuals in senior       
executive positions at the ,department  
with the hiring process and the process 
of joining and becoming oriented with   
the ,department4  7c7 ,senior executive 
position defined ,in this section1 the  
term senior executive position has the  
meaning given such term in section #gac 
of title #ch1 ,united ,states ,code4    
#baa4 ,measurement of ,department of    
,veterans ,affairs disciplinary process 
outcomes and effectiveness  7a7         

,measuring and collecting  7#a7 ,in     
general ,the ,secretary of ,veterans    
,affairs shall measure and collect      
information on the outcomes of          
disciplinary actions carried out by the 
,department of ,veterans ,affairs during
 the three-year period ending on the    
date of the enactment of this ,act and  
the effectiveness of such actions4  7#b7
 ,elements ,in measuring and collecting 
pursuant to paragraph 7#a71 the         
,secretary shall measure and collect    
information regarding the following3    
7,a7 ,the average time from the         
initiation of an adverse action against 
an employee at the ,department to the   
final resolution of that action4  7,b7  
,the number of distinct steps and levels
 of review within the ,department       
involved in the disciplinary process and
 the average length of time required to 
complete these steps4  7,c7 ,the rate of
 use of alternate disciplinary          
procedures compared to traditional      
disciplinary procedures and the         

frequency with which employees who are  
subject to alternative disciplinary     
procedures commit additional offenses4  
7,d7 ,the number of appeals from adverse
 actions filed against employees of the 
,department1 the number of appeals      
upheld1 and the reasons for which the   
appeals were upheld4  7,e7 ,the use of  
paid administrative leave during the    
disciplinary process and the length of  
such leave4  7b7 ,report  7#a7 ,in      
general ,not later than ,december #ca1  
#bjag1 the ,secretary shall submit to   
the appropriate committees of ,congress 
a report on the disciplinary procedures 
and actions of the ,department4  7#b7   
,contents ,the report submitted under   
paragraph 7#a7 shall include the        
following3 7,a7 ,the information        
collected under subsection 7a74  7,b7   
,the findings of the ,secretary with    
respect to the measurement and          
collection carried out under subsection 
7a74  7,c7 ,an analysis of the          
disciplinary procedures and actions of  

the ,department4  7,d7 ,suggestions for 
improving the disciplinary procedures   
and actions of the ,department4  7,e7   
,such other matters as the ,secretary   
considers appropriate4  7#c7            
,appropriate committees of ,congress ,in
 this subsection1 the term appropriate  
committees of ,congress means--  7,a7   
the ,committee on ,appropriations and   
the ,committee on ,veterans' ,affairs of
 the ,senate2 and  7,b7 the ,committee  
on ,appropriations and the ,committee on
 ,veterans' ,affairs of the ,house of   
,representatives4  ,passed the ,senate  
,june #f1 #bjag4,secretary