,,ii #aaeth ,,congress #ast ,session ,s4 #aeb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ag1 #bjag,mr4 ,rubio 7for himself1 ,mr4 ,mc,cain1 and ,mr4 ,toomey7 introduced the following bill2 which was read twice and referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to amend title #ch1 ,united ,states ,code1 to provide for the removal or demotion of employees of the ,department of ,veterans ,affairs based on performance or misconduct1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,,va ,accountability ,first and ,appeals ,modernization ,act of #bjag4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,references to title #ch1 ,united ,states ,code4 ,sec4 #c4 ,removal or demotion of employees based on performance or misconduct4 ,sec4 #d4 ,reduction of benefits for members of the ,senior ,executive ,service within the ,department of ,veterans ,affairs convicted of certain crimes4 ,sec4 #e4 ,authority to recoup bonuses or awards paid to employees of ,department of ,veterans ,affairs4 ,sec4 #f4 ,authority to recoup relocation expenses paid to or on behalf of employees of ,department of ,veterans ,affairs4 ,sec4 #g4 ,expansion of personnel actions for senior executives based on performance or misconduct and establishment of ,senior ,executive ,disciplinary ,appeals ,board4 ,sec4 #h4 ,reform of rights and processes relating to appeals of decisions regarding claims for benefits under laws administered by ,secretary of ,veterans ,affairs4 ,sec4 #i4 ,limitation on awards and bonuses paid to senior executive employees of ,department of ,veterans ,affairs4 #b4 ,references to title #ch1 ,united ,states ,code ,except as otherwise expressly provided1 whenever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of title #ch1 ,united ,states ,code4 #c4 ,removal or demotion of employees based on performance or misconduct 7a7 ,in general ,chapter #g is amended-- 7#a7 by redesignating section #gae as section #gbe2 and 7#b7 by inserting after section #gac the following new section #gae3 #gae4 ,employees3 removal or demotion based on performance or misconduct 7a7 ,in general ,the ,secretary may remove or demote an individual who is an employee of the ,department if the ,secretary determines the performance or misconduct of the individual warrants such removal or demotion4 ,if the ,secretary so removes or demotes such an individual1 the ,secretary may-- 7#a7 remove the individual from the civil service 7as defined in section #baja of title #e72 or 7#b7 demote the individual by means of-- 7,a7 a reduction in grade for which the individual is qualified and that the ,secretary determines is appropriate2 or 7,b7 a reduction in annual rate of pay that the ,secretary determines is appropriate4 7b7 ,pay of certain demoted individuals 7#a7 ,notwithstanding any other provision of law1 any individual subject to a demotion by a reduction in grade under subsection 7a77#b77;,a7 shall1 beginning on the date of such demotion1 receive the annual rate of pay applicable to such grade4 7#b7 ,an individual demoted as described in paragraph 7#a7 may not be placed on administrative leave or any other category of paid leave during the period during which an appeal 7if any7 under this section is ongoing1 and may only receive pay if the individual reports for duty4 ,if an individual so demoted does not report for duty1 such individual shall not receive any pay1 awards1 bonuses1 incentives1 allowances1 differentials1 student loan repayments1 special payments1 or benefits from the ,department4 7c7 ,notice to ,congress ,not later than #cj days after removing or demoting an individual under subsection 7a71 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives notice in writing of such removal or demotion and the reason for such removal or demotion4 7d7 ,procedure 7#a7 ,subsection 7b7 of section #geac of title #e shall apply with respect to a removal or demotion under this section1 except that the period for notice and response1 which includes the advance notice period required by paragraph 7#a7 of such subsection and the response period required by paragraph 7#b7 of such subsection1 shall not exceed a total of ten calendar days4 7#b7 ,the procedures under chapter #dc of title #e shall not apply to a removal or demotion under this section4 7#c7 7,a7 ,subject to subparagraph 7,b7 and subsection 7e71 any removal or demotion under subsection 7a7 may be appealed to the ,merit ,systems ,protection ,board under section #ggja of title #e4 7,b7 ,an appeal under subparagraph 7,a7 of a removal or demotion may only be made if such appeal is made not later than seven days after the date of such removal or demotion4 7e7 ,expedited ,review by ,merit ,systems ,protection ,board 7#a7 ,upon receipt of an appeal under subsection 7d77#c77;,a71 the ,merit ,systems ,protection ,board shall expedite any such appeal under such section and1 in any such case1 shall issue a decision not later than #fj days after the date of the appeal4 7#b7 ,notwithstanding section #ggja7;c77#a77;,b7 of title #e1 the ,merit ,systems ,protection ,board shall uphold the decision of the ,secretary to remove or demote an employee under subsection 7a7 if the decision is supported by substantial evidence4 7#c7 ,the decision of the ,merit ,systems ,protection ,board under paragraph 7#a71 and any final removal or demotion described in paragraph 7#d71 may be appealed to the ,united ,states ,court of ,appeals for the ,federal ,circuit pursuant to section #ggjc of title #e4 ,any decision by such ,court shall be in compliance with section #gdfb7;f77#b7 of this title4 7#d7 ,in any case in which the ,merit ,systems ,protection ,board cannot issue a decision in accordance with the #fj-;day requirement under paragraph 7#a71 the removal or demotion is final4 ,in such a case1 the ,merit ,systems ,protection ,board shall1 within #ad days after the date that such removal or demotion is final1 submit to ,congress and the ,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 ,the ,merit ,systems ,protection ,board may not stay any removal or demotion under this section4 7#f7 ,during the period beginning on the date on which an individual appeals a removal from the civil service under subsection 7d7 and ending on the date that the ,merit ,systems ,protection ,board issues a final decision on such appeal1 such individual may not receive any pay1 awards1 bonuses1 incentives1 allowances1 differentials1 student loan repayments1 special payments1 or benefits from the ,department4 7#g7 ,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 7f7 ,whistleblower protection 7#a7 ,in the case of an individual seeking corrective action 7or on behalf of whom corrective action is sought7 from the ,office of ,special ,counsel based on an alleged prohibited personnel practice described in section #bcjb7;b7 of title #e1 the ,secretary may not remove or demote such individual under subsection 7a7 without the approval of the ,special ,counsel under section #abad7;f7 of title #e4 7#b7 ,in the case of an individual who has filed a whistleblower complaint1 as such term is defined in section #gca of this title1 the ,secretary may not remove or demote such individual under subsection 7a7 until a final decision with respect to the whistleblower complaint has been made4 7g7 ,termination of investigations by ,office of ,special ,counsel ,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 ,such statement may not be admissible as evidence in any judicial or administrative proceeding without the consent of such employee or former employee4 7h7 ,relation to other authorities ,the authority provided by this section is in addition to the authority provided by subchapter ,v of chapter #gd of this title1 subchapter ,,ii of chapter #ge of title #e1 chapter #dc of such title1 and any other authority with respect to disciplining an individual4 7i7 ,definitions ,in this section3 7#a7 ,the term individual means an individual occupying a position at the ,department but does not include-- 7,a7 an individual1 as that term is defined in section #gac7;g72 or 7,b7 a political appointee4 7#b7 ,the term grade has the meaning given that term in section #geaa7;a7 of title #e4 7#c7 ,the term misconduct includes neglect of duty1 malfeasance1 or failure to accept a directed reassignment or to accompany a position in a transfer of function4 7#d7 ,the term political appointee means an individual who is-- 7,a7 employed in a position described under sections #ecab through #ecaf of title #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 #e of the ,code of ,federal ,regulations 7or any successor regulation74 4 7b7 ,clerical and conforming amendments 7#a7 ,clerical ,the table of sections at the beginning of chapter #g is amended-- 7,a7 by striking the item relating to section #gae and inserting the following new item3 #gae4 ,employees3 removal or demotion based on performance or misconduct4 2 and 7,b7 by inserting after the item relating to section #gae the following new item3 #gbe4 ,congressional testimony by employees3 treatment as official duty4 4 7#b7 ,conforming ,section #dcjc7;f7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 by striking or at the end of paragraph 7#b72 7,b7 by striking the period at the end of paragraph 7#c7 and inserting 1 or2 and 7,c7 by adding at the end the following3 7#d7 any removal or demotion under section #gae of title #ch4 4 #d4 ,reduction of benefits for members of the ,senior ,executive ,service within the ,department of ,veterans ,affairs convicted of certain crimes 7a7 ,reduction of benefits 7#a7 ,in general ,chapter #g is further amended by inserting after section #gae1 as added by section #c1 the following new section3 #gag4 ,senior executives3 reduction of benefits of individuals convicted of certain crimes 7a7 ,reduction of annuity for removed employee 7#a7 ,the ,secretary shall order that the covered service of an individual removed from a senior executive position for performance or misconduct under section #gac of this title1 chapter #dc or subchapter ,v of chapter #ge of title #e1 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 individual is convicted of a felony that influenced the individual's performance while employed in the senior executive position2 and 7,b7 before such order is made1 the individual is afforded-- 7i7 notice of the order and an opportunity to respond to the order2 and 7ii7 consistent with paragraph 7#b71 an opportunity to appeal the order to another department or agency of the ,federal ,government4 7#b7 ,if a final decision on an appeal made under paragraph 7#a77;,b77ii7 is not made by the applicable department or agency of the ,federal ,government within #cj days after receiving such appeal1 the order of the ,secretary under paragraph 7#a7 shall be final and not subject to further appeal4 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 for performance or misconduct under section #gac of this title1 chapter #dc or subchapter ,v of chapter #ge of title #e1 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 individual is convicted of a felony that influenced the individual's performance while employed in the senior executive position2 and 7,b7 before such order is made1 the individual is afforded-- 7i7 notice of the order and an opportunity to respond to the order2 and 7ii7 an opportunity for a hearing conducted by another department or agency of the ,federal ,government4 7#b7 ,the ,secretary shall make such an order not later than seven days after the date of the conclusion of a hearing described in paragraph 7#a77;,b7 that determines that such order is lawful4 7c7 ,administrative requirements 7#a7 ,not later than #cj days after the ,secretary issues an order under subsection 7a7 or 7b71 the ,director of the ,office of ,personnel ,management shall recalculate the annuity of the individual4 7#b7 ,a decision regarding whether the covered service of an individual shall be taken into account for purposes of calculating an annuity under subsection 7a7 or 7b7 is final and may not be reviewed by any department or agency or any court4 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 ,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 that 7but for this subsection7 would otherwise have been nonpayable by reason of subsection 7a7 or 7b74 ,any such regulations 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 or transfer for performance or misconduct under section #gac of this title1 chapter #dc or subchapter ,v of chapter #ge of title #e1 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 or transferred from the senior executive position 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 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #g is further amended by inserting after the item relating to section #gae1 as added by section #c1 the following new item3 #gag4 ,senior executives3 reduction of benefits of individuals convicted of certain crimes4 4 7b7 ,application ,section #gag of title #ch1 ,united ,states ,code1 as added by subsection 7a77#a71 shall apply to any action of removal or transfer under section #gac of title #ch1 ,united ,states ,code1 commencing on or after the date of the enactment of this ,act4 #e4 ,authority to recoup bonuses or awards paid to employees of ,department of ,veterans ,affairs 7a7 ,in general ,chapter #g is further amended by inserting after section #gag1 as added by section #d1 the following new section3 #gai4 ,recoupment of bonuses or awards paid to employees of ,department 7a7 ,recoupment ,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 chapter #de or #ec of such title1 or this title if-- 7#a7 the ,secretary determines such repayment appropriate pursuant to regulations prescribed under subsection 7c72 and 7#b7 before such repayment1 the employee is afforded notice and an opportunity for a hearing conducted by another department or agency of the ,federal ,government4 7b7 ,review 7#a7 ,upon the issuance of an order by the ,secretary under subsection 7a71 the employee shall be afforded-- 7,a7 notice of the order and an opportunity to respond to the order2 and 7,b7 consistent with paragraph 7#b71 an opportunity to appeal the order to another department or agency of the ,federal ,government4 7#b7 ,if a final decision on an appeal made under paragraph 7#a77;,b7 is not made by the applicable department or agency of the ,federal ,government within #cj days after receiving such appeal1 the order of the ,secretary under subsection 7a7 shall be final and not subject to further appeal4 7c7 ,regulations ,the ,secretary shall prescribe regulations to carry out this section4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #g is further amended by inserting after the item relating to section #gag1 as added by section #d1 the following new item3 #gai4 ,recoupment of bonuses or awards paid to employees of ,department4 4 7c7 ,effective date ,section #gai 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 section or the amendments made by this section 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 #f4 ,authority to recoup relocation expenses paid to or on behalf of employees of ,department of ,veterans ,affairs 7a7 ,in general ,chapter #g is further amended by inserting after section #gai1 as added by section #e1 the following new section3 #gba4 ,recoupment of relocation expenses paid on behalf of employees of ,department 7a7 ,recoupment 7#a7 ,notwithstanding any other provision of law1 the ,secretary may direct an employee of the ,department to repay the amount1 or a portion of the amount1 paid to or on behalf of the employee for relocation expenses under title #e1 including any expenses under section #egbd or #egbd;a of such title1 or this title if-- 7,a7 the ,secretary determines that-- 7i7 the employee has committed an act of fraud1 waste1 or malfeasance2 and 7ii7 such repayment is appropriate pursuant to regulations prescribed under subsection 7c72 and 7,b7 before such repayment is ordered1 the individual is afforded-- 7i7 notice of the determination of the ,secretary and an opportunity to respond to the determination2 and 7ii7 consistent with paragraph 7#b71 an opportunity to appeal the determination to another department or agency of the ,federal ,government4 7#b7 ,if a final decision on an appeal made under paragraph 7#a77;,b77ii7 is not made by the applicable department or agency of the ,federal ,government within #cj days after receiving such appeal1 the order of the ,secretary under paragraph 7#a7 shall be final and not subject to further appeal4 7b7 ,review ,a decision by the applicable department or agency of the ,federal ,government regarding a repayment by an employee pursuant to subsection 7a77#a77;,b77ii7 is final and may not be reviewed by any department1 agency1 or court4 7c7 ,regulations ,the ,secretary shall prescribe regulations to carry out this section4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #g is further amended by inserting after the item relating to section #gai1 as added by section #e1 the following new item3 #gba4 ,recoupment of relocation expenses paid to or on behalf of 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 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 7d7 ,construction ,nothing in this section or the amendments made by this section 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 #g4 ,expansion of personnel actions for senior executives based on performance or misconduct and establishment of ,senior ,executive ,disciplinary ,appeals ,board 7a7 ,expansion of covered personnel actions ,subsection 7a77#a7 of section #gac is amended1 in the matter preceding subparagraph 7,a71 by inserting after such removal4 the following3 ,if the ,secretary determines that the performance or misconduct of such an individual does not warrant removal from the senior executive service position1 the ,secretary may suspend1 reprimand1 or admonish the individual44 7b7 ,removal of appeal to ,merit ,systems ,protection ,board ,section #gac is further amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking so removes and inserting removes2 and 7,b7 by adding at the end the following3 7#c7 ,on the date that is five days before taking any personnel action against a senior executive under paragraph 7#a71 the ,secretary shall provide the individual with-- 7,a7 notice in writing of the proposed personnel action1 including the reasons for such action2 and 7,b7 an opportunity to respond to the proposed personnel action within the five-day period4 2 7#b7 in subsection 7b77#b7-- 7,a7 by striking under this section and inserting under section #gbc of this title2 and 7,b7 by striking the second sentence2 7#c7 in subsection 7c7-- 7,a7 by striking #cj and inserting five2 and 7,b7 by striking and the reason for such removal or transfer and inserting 1 the reason for such removal or transfer1 the name and position of the individual1 and all charging documents and evidence pertaining to such removal or transfer2 7#d7 by striking subsections 7d7 and 7e7 and inserting the following3 7d7 ,procedure 7#a7 ,the procedures under title #e shall not apply to any personnel action under this section4 7#b7 ,subject to paragraph 7#c71 a personnel action under this section-- 7,a7 may be appealed to the ,senior ,executive ,disciplinary ,appeals ,board under section #gbc of this title2 and 7,b7 may not be appealed to the ,merit ,systems ,protection ,board under section #ggja of title #e4 7#c7 ,an appeal under paragraph 7#b77;,a7 of a personnel action under this section may only be made if such appeal is made not later than seven days after the date of such action4 ,if no such appeal is made1 the decision of the ,secretary under this section shall be final4 2 7#e7 by redesignating subsections 7f7 and 7g7 as subsections 7e7 and 7f71 respectively2 and 7#f7 in subsection 7f71 as redesignated by paragraph 7#e71 by adding at the end the following3 7#d7 ,the term suspend means the placing of an individual in a temporary status without duties and pay for a period greater than #ad days4 4 7c7 ,removal of expedited procedures ,section #gjg of the ,veterans ,access1 ,choice1 and ,accountability ,act of #bjad 7,public ,law #aac-adf2 #ch ,u4,s4,c4 #gac note7 is amended-- 7#a7 by striking subsection 7b72 and 7#b7 by redesignating subsections 7c7 and 7d7 as subsections 7b7 and 7c71 respectively4 7d7 ,senior ,executive ,disciplinary ,appeals ,board ,chapter #g is further amended by inserting after section #gba1 as added by section #f1 the following new section3 #gbc4 ,senior ,executive ,disciplinary ,appeals ,board 7a7 ,in general ,the ,secretary shall from time to time appoint a board to hear appeals of any personnel action taken under section #gac of this title4 ,such board shall be known as the ,senior ,executive ,disciplinary ,appeals ,board 7in this section referred to as the ,board74 ,each ,board shall consist of three employees of the ,department4 ,the ,board shall have exclusive jurisdiction to review any personnel action under section #gac4 7b7 ,review and decision ,upon an appeal of such a personnel action1 the ,board shall-- 7#a7 review all evidence provided by the ,secretary and the appellant2 and 7#b7 issue a decision not later than #ba days after the date of the appeal4 7c7 ,hearing ,the ,board shall afford an employee appealing a personnel action an opportunity for an oral hearing4 ,if such a hearing is held1 the appellant may be represented by counsel4 7d7 ,standard of review ,the ,board shall uphold the decision of the ,secretary if-- 7#a7 there is substantial evidence supporting the decision2 and 7#b7 the applicable personnel action is within the tolerable bounds of reasonableness4 7e7 ,reversal by ,secretary ,if the ,board issues a decision under this section that reverses or otherwise mitigates the applicable personnel action1 the ,secretary may reverse the decision of the ,board4 ,consistent with the requirements of subsection 7g71 the decision of the ,secretary under this subsection shall be final4 7f7 ,no decision by ,board ,in any case in which the ,board cannot issue a decision in accordance with the #ba-;day requirement under subsection 7b77#b71 the personnel action is final4 7g7 ,appeal of decision ,a petition to review a final order or final decision of the ,secretary or the ,board under this section shall be filed in the ,united ,states ,court of ,appeals for the ,federal ,circuit4 ,any decision by such ,court shall be in compliance with section #gdfb7;f77#b7 of this title4 7h7 ,prohibition on receipt of benefits ,during the period beginning on the date on which an individual appeals a removal from the civil service under section #gac7;d7 of this title and ending on the date that the ,board or ,secretary issues a final decision on such appeal1 such individual may not receive any pay1 awards1 bonuses1 incentives1 allowances1 differentials1 student loan repayments1 special payments1 or benefits from the ,department4 4 7e7 ,technical and clerical amendments 7#a7 ,technical amendment ,the section heading of section #gac is amended to read as follows3 ,senior executives3 personnel actions based on performance or misconduct4 7#b7 ,clerical amendments ,the table of sections at the beginning of chapter #g is further amended-- 7,a7 by striking the item relating to section #gac and inserting the following new item3 #gac4 ,senior executives3 personnel actions based on performance or misconduct4 2 and 7,b7 by inserting after the item relating to section #gba the following new item3 #gbc4 ,senior ,executive ,disciplinary ,appeals ,board4 4 7f7 ,rule of construction ,nothing in this section or section #gbc of title #ch1 ,united ,states ,code1 as added by subsection 7d71 shall be construed to apply to an appeal of a removal1 transfer1 or other personnel action that was pending before the date of the enactment of this ,act4 #h4 ,reform of rights and processes relating to appeals of decisions regarding claims for benefits under laws administered by ,secretary of ,veterans ,affairs 7a7 ,definitions ,section #aja is amended by adding at the end the following new paragraphs3 7#cd7 ,the term agency of original jurisdiction means the activity which entered the original determination with regard to a claim for benefits under laws administered by the ,secretary4 7#ce7 ,the term relevant evidence means evidence that tends to prove or disprove a matter in issue4 4 7b7 ,notice regarding claims ,section #eajc7;a7 is amended-- 7#a7 in paragraph 7#a71 in the first sentence1 by striking ,the and inserting ,except as provided in paragraph 7#c71 the2 7#b7 in paragraph 7#b77;,b77i7 by striking 1 a claim for reopening a prior decision on a claim1 or a claim for an increase in benefits2 and inserting or a supplemental claim22 and 7#c7 by adding at the end the following new paragraph3 7#c7 ,the requirement to provide notice under paragraph 7#a7 shall not apply with respect to a supplemental claim that is filed within the time frame set forth in subparagraphs 7,b7 and 7,d7 of section #eaaj7;a77#b7 of this title4 4 7c7 ,modification of rule regarding disallowed claims ,section #eajc;,a7f7 is amended-- 7#a7 by striking reopen and inserting readjudicate2 and 7#b7 by striking material and inserting relevant4 7d7 ,modification of duty ,to assist claimants 7#a7 ,limitations on duty ,section #eajc;,a7a7 is amended-- 7,a7 in paragraph 7#a71 by striking ,the and inserting ,except as otherwise provided in this subsection1 the2 and 7,b7 by adding at the end the following new paragraphs3 7#d7 ,the ,secretary's duty to assist under paragraph 7#a7 shall apply only to a claim1 or supplemental claim1 for a benefit under a law administered by the ,secretary until the time that a claimant is provided notice of the decision of the agency of original jurisdiction with respect to such claim1 or supplemental claim1 under section #eajd of this title4 7#e7 ,the ,secretary's duty to assist under paragraph 7#a7 shall not apply to-- 7,a7 higher-level review by the agency of original jurisdiction1 pursuant to section #eajd;,b of this title2 or 7,b7 to review on appeal by the ,board of ,veterans' ,appeals4 4 7#b7 ,correction of errors from duty to assist ,section #eajc;,a is amended-- 7,a7 by redesignating subsections 7e7 through 7g7 as subsections 7f7 through 7h71 respectively2 and 7,b7 by inserting after subsection 7d7 the following new subsection3 7e7 ,correction of duty ,to assist errors 7#a7 ,if1 during review of the agency of original jurisdiction decision under section #eajd;,b of this title1 the higher-level reviewer identifies an error on the part of the agency of original jurisdiction to satisfy its duties under this section1 and that error occurred prior to the agency of original jurisdiction decision being reviewed1 unless the claim can be granted in full1 the higher-level reviewer shall return the claim for correction of such error and readjudication4 7#b7 7,a7 ,if the ,board1 during review on appeal of a decision of the agency of original jurisdiction1 identifies an error on the part of the agency of original jurisdiction to satisfy its duties under section #eajc;,a of this title1 and that error occurred prior to the decision of the agency of original jurisdiction on appeal1 unless the claim can be granted in full1 the ,board shall remand the claim to the agency of original jurisdiction for correction of such error and readjudication4 7,b7 ,remand for correction of an error under suparagraph 7,a7 may include directing the agency of original jurisdiction to obtain an advisory medical opinion under section #eaji of this title 4 7e7 ,decisions and notices of decisions ,subsection 7b7 of section #eajd is amended to read as follows3 7b7 ,in any case where the ,secretary denies a benefit sought1 the notice required by subsection 7a7 shall also include all of the following3 7#a7 ,identification of the issues adjudicated4 7#b7 ,a summary of the evidence considered by the ,secretary4 7#c7 ,a summary of the applicable laws and regulations4 7#d7 ,identification of findings favorable to the claimant4 7#e7 ,identification of elements not satisfied leading to the denial4 7#f7 ,an explanation of how to obtain or access evidence used in making the decision4 7#g7 ,if applicable1 identification of the criteria that must be satisfied to grant service connection or the next higher level of compensation4 4 7f7 ,binding nature of favorable findings 7#a7 ,in general ,chapter #ea is amended inserting after section #eajd the following new section3 #eajd;,a4 ,binding nature of favorable findings ,any finding favorable to the claimant as described in section #eajd7;b77#d7 of this title shall be binding on all subsequent adjudicators within the ,department1 unless clear and convincing evidence is shown to the contrary to rebut such favorable finding4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #ea is amended by inserting after the item relating to section #eajd the following new item3 #eajd;,a4 ,binding nature of favorable findings4 4 7g7 ,higher-,level review by agency of original jurisdiction 7#a7 ,in general ,chapter #ea1 as amended by subsection 7f71 is further amended by inserting after section #eajd;,a1 as added by such subsection1 the following new section3 #eajd;,b4 ,higher-level review by the agency of original jurisdiction 7a7 ,in general ,a claimant may request a de novo review of the decision of the agency of original jurisdiction by a higher-level adjudicator within the agency of original jurisdiction4 7b7 ,time and manner of request 7#a7 ,a request for higher-level review by the agency of original jurisdiction shall be-- 7,a7 in writing in such form as the ,secretary may prescribe2 and 7,b7 made within one year of the notice of the agency of original jurisdiction's decision4 7#b7 ,such request may specifically indicate whether such review is requested by a higher-level adjudicator at the same office within the agency of original jurisdiction or by an adjudicator at a different office of the agency of original jurisdiction4 7c7 ,decision ,notice of a higher-level review decision under this section shall be provided in writing4 7d7 ,evidentiary record for review ,the evidentiary record before the higher-level reviewer shall be limited to the evidence of record in the agency of original jurisdiction decision being reviewed4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #ea1 as amended by subsection 7f71 is further amended by inserting after the item relating to section #eajd;,a1 as added by such subsection1 the following new item3 #eajd;,b4 ,higher-level review by the agency of original jurisdiction4 4 7h7 ,supplemental claims 7#a7 ,in general ,section #eajh is amended to read as follows3 #eajh4 ,supplemental claims ,if new and relevant evidence is presented or secured with respect to a supplemental claim1 the ,secretary shall readjudicate the claim taking into consideration any evidence added to the record prior to the former disposition of the claim4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #ea is amended by striking the item relating to section #eajh and inserting the following new item3 #eajh4 ,supplemental claims4 4 7i7 ,remand of claim for advisory medical opinion ,section #eaji is amended by adding at the end the following new subsection3 7d7 ,the ,board of ,veterans' ,appeals may remand a claim to direct the agency of original jurisdiction to obtain an advisory medical opinion under this section to correct an error on the part of the agency of original jurisdiction to satisfy its duties under section #eajc;,a of this title when such error occurred prior to the decision of the agency of original jurisdiction on appeal4 ,the remand instructions set forth by the ,board shall include the questions to be posed to the independent medical expert providing the advisory medical opinion4 4 7j7 ,effective dates of awards ,section #eaaj is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 7#a7 ,unless specifically provided otherwise in this chapter1 the effective date of an award based on an initial claim1 or a supplemental claim1 of compensation1 dependency and indemnity compensation1 or pension1 shall be fixed in accordance with the facts found1 but shall not be earlier than the date of receipt of application therefor4 7#b7 ,for purposes of determining the effective date of an award under this section1 the date of application shall be considered the date of the filing of the initial application for a benefit if the claim is continuously pursued by filing any of the following1 either alone or in succession3 7,a7 ,a request for higher-level review under section #eajd;,b of this title on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision4 7,b7 ,a supplemental claim under section #eajh of this title on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision4 7,c7 ,a notice of disagreement on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision4 7,d7 ,a supplemental claim under section #eajh of this title on or before the date that is one year after the date on which the ,board of ,veterans' ,appeals issues a decision4 7#c7 ,except as otherwise provided in this section1 for supplemental claims received more than one year after the date on which the agency of original jurisdiction issued a decision or the ,board of ,veterans' ,appeals issued a decision1 the effective date shall be fixed in accordance with the facts found1 but shall not be earlier than the date of receipt of the supplemental claim4 2 and 7#b7 in subsection 7i71 in the first sentence-- 7,a7 by striking reopened and inserting readjudicated2 7,b7 by striking material and inserting relevant2 and 7,c7 by striking reopening and inserting readjudication4 7k7 ,definition of award or increased award for purposes of provisions relating to commencement of period of payment ,section #eaaa7;d77#a7 is amended by striking or reopened award and inserting award or award based on a supplemental claim4 7l7 ,modification on limitation on fees allowable for representation ,section #eijd7;c7 is amended1 in paragraphs 7#a7 and 7#b71 by striking notice of disagreement is filed both places it appears and inserting claimant is provided notice of the agency of original jurisdiction's initial decision under section #eajd of this title4 7m7 ,modification of ,board of ,veterans' ,appeals referral requirements after order for reconsideration of decisions ,section #gajc7;b77#a7 is amended by striking heard both places it appears and inserting decided4 7n7 ,conforming amendment relating to readjudication by ,board of ,veterans' ,appeals ,section #gajd7;b7 is amended by striking reopened and inserting readjudicated4 7o7 ,modification of rights and procedures for appeals to ,board of ,veterans' ,appeals 7#a7 ,in general ,section #gaje is amended-- 7,a7 in subsection 7a7-- 7i7 by striking the first sentence and inserting ,appellate review shall be initiated by the filing of a notice of disagreement in the form prescribed by the ,secretary42 and 7ii7 by striking hearing and2 7,b7 by amending subsection 7b7 to read as follows3 7b7 7#a7 7,a7 ,except in the case of simultaneously contested claims1 notice of disagreement shall be filed within one year from the date of the mailing of notice of the decision of the agency of original jurisdiction pursuant to section #eajd1 #eajd;,b1 or #eajh of this title4 7,b7 ,a notice of disagreement postmarked before the expiration of the one-year period shall be accepted as timely filed4 7,c7 ,a question as to timeliness or adequacy of the notice of disagreement shall be decided by the ,board4 7#b7 7,a7 ,notices of disagreement shall be in writing1 shall set out specific allegations of error of fact or law1 and may be filed by the claimant1 the claimant's legal guardian1 or such accredited representative1 attorney1 or authorized agent as may be selected by the claimant or legal guardian4 7,b7 ,not more than one recognized organization1 attorney1 or agent may be recognized at any one time in the prosecution of a claim4 7,c7 ,notices of disagreement shall be filed with the ,board4 7#c7 7,a7 ,the notice of disagreement shall indicate whether the claimant requests-- 7i7 a hearing before the ,board2 7ii7 an opportunity to submit additional evidence without a hearing before the ,board2 or 7iii7 a review by the ,board without a hearing or submission of additional evidence4 7,b7 ,if the claimant does not expressly request a hearing before the ,board in the notice of disagreement1 no hearing before the ,board may be held4 2 7,c7 by amending subsection 7c7 to read as follows3 7c7 ,if no notice of disagreement is filed in accordance with this chapter within the prescribed period1 the action or decision of the agency of original jurisdiction shall become final and the claim may not thereafter be readjudicated or allowed1 except as may otherwise be provided by section #eajd;,b or #eajh of this title or such regulations as the ,secretary may promulgate that are consistent with this title4 2 7,d7 by striking subsection 7d7 and inserting the following new subsection 7d73 7d7 ,the ,board of ,veterans' ,appeals may dismiss any appeal which fails to allege specific error of fact or law in the decision being appealed4 2 7,e7 by striking subsection 7e72 and 7,f7 in the section heading1 by striking notice of disagreement and4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #ga is amended by striking the item relating to section #gaje and inserting the following new item3 #gaje4 ,filing of appeal4 4 7p7 ,modification of procedures and requirements for simultaneously contested claims ,subsection 7b7 of section #gaje;,a is amended to read as follows3 7b7 7#a7 ,the substance of the notice of disagreement shall be communicated to the other party or parties in interest and a period of thirty days shall be allowed for filing a brief or argument in response thereto4 7#b7 ,such notice shall be forwarded to the last known address of record of the parties concerned1 and such action shall constitute sufficient evidence of notice4 4 7q7 ,repeal of procedures for administrative appeals 7#a7 ,in general ,chapter #ga is amended by striking section #gajf4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #ga is amended by striking the item relating to section #gajf4 7r7 ,modifications relating to appeals3 dockets2 hearings ,section #gajg is amended to read as follows3 #gajg4 ,appeals3 dockets2 hearings 7a7 ,dockets 7#a7 ,the ,board shall maintain two separate dockets as follows3 7,a7 ,a non-hearing option docket shall be maintained for cases in which no ,board hearing is requested and no additional evidence will be submitted4 7,b7 ,a separate and distinct hearing option docket shall be maintained for cases in which a ,board hearing is requested in the notice of disagreement or in which no ,board hearing is requested1 but the appellant requests1 in the notice of disagreement1 an opportunity to submit additional evidence4 7#b7 ,except as provided in subsection 7b71 each case before the ,board will be decided in regular order according to its respective place on the ,board's non-hearing option docket or the hearing option docket4 7b7 ,advancement on the docket 7#a7 ,a case on either the ,board's non-hearing option docket or hearing option docket may1 for cause shown1 be advanced on motion for earlier consideration and determination4 7#b7 ,any such motion shall set forth succinctly the grounds upon which the motion is based4 7#c7 ,such a motion may be granted only-- 7,a7 if the case involves interpretation of law of general application affecting other claims2 7,b7 if the appellant is seriously ill or is under severe financial hardship2 or 7,c7 for other sufficient cause shown4 7c7 ,manner and scheduling of hearings for cases on board hearing option docket 7#a7 ,for cases on the ,board hearing option docket in which a hearing is requested in the notice of disagreement1 the ,board shall notify the appellant whether a ,board hearing will be held-- 7,a7 at its principal location1 or 7,b7 by picture and voice transmission at a facility of the ,department where the ,secretary has provided suitable facilities and equipment to conduct such hearings4 7#b7 7,a7 ,upon notification of a ,board hearing at the ,board's principal location as described in subparagraph 7,a7 of paragraph 7#a71 the appellant may alternatively request a hearing as described in subparagraph 7,b7 of such paragraph4 ,if so requested1 the ,board shall grant such request4 7,b7 ,upon notification of a ,board hearing by picture and voice transmission as described in subparagraph 7,b7 of paragraph 7#a71 the appellant may alternatively request a hearing as described in subparagraph 7,a7 of such paragraph4 ,if so requested1 the ,board shall grant such request4 7d7 ,screening of cases ,nothing in this section shall be construed to preclude the screening of cases for purposes of-- 7#a7 determining the adequacy of the record for decisional purposes2 or 7#b7 the development1 or attempted development1 of a record found to be inadequate for decisional purposes4 4 7s7 ,repeal of authority for independent medical opinions 7#a7 ,in general ,chapter #ga is amended by striking section #gaji4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #ga is amended by striking the item relating to section #gaji4 7#c7 ,conforming amendment ,section #egja7;b77#a7 is amended by striking or #gaji4 7t7 ,modification of standard for review of decisions on grounds of clear and unmistakable error ,section #gaaa7;e7 is amended by striking 1 without referral to any adjudicative or hearing official acting on behalf of the ,secretary4 7u7 ,evidentiary record before ,board of ,veterans' ,appeals 7#a7 ,in general ,chapter #ga is amended by adding at the end the following new section3 #gaac4 ,evidentiary record before the ,board of ,veterans' ,appeals 7a7 ,non-,hearing option docket ,for cases in which a hearing before the ,board of ,veterans' ,appeals is not requested in the notice of disagreement1 the evidentiary record before the ,board shall be limited to the evidence of record at the time of the decision of the agency of original jurisdiction on appeal4 7b7 ,hearing option docket 7#a7 7,a7 ,except as provided in subparagraph 7,b71 for cases on the hearing option docket in which a hearing is requested in the notice of disagreement1 the evidentiary record before the ,board shall be limited to the evidence of record at the time of the decision of the agency of original jurisdiction on appeal4 7,b7 ,the evidentiary record before the ,board for cases on the hearing option docket in which a hearing is requested1 shall include each of the following1 which the ,board shall consider in the first instance3 7i7 ,evidence submitted by the appellant and his or her representative1 if any1 at the ,board hearing4 7ii7 ,evidence submitted by the appellant and his or her representative1 if any1 within #ij days following the ,board hearing4 7#b7 7,a7 ,except as provided in subparagraph 7,b71 for cases on the hearing option docket in which a hearing is not requested in the notice of disagreement1 the evidentiary record before the ,board shall be limited to the evidence considered by the agency of original jurisdiction in the decision on appeal4 7,b7 ,the evidentiary record before the ,board for cases on the hearing option docket in which a hearing is not requested1 shall include each of the following1 which the ,board shall consider in the first instance3 7i7 ,evidence submitted by the appellant and his or her representative1 if any1 with the notice of disagreement4 7ii7 ,evidence submitted by the appellant and his or her representative1 if any1 within #ij days following receipt of the notice of disagreement4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #ga is amended by inserting after the item relating to section #gaab the following new item3 #gaac4 ,evidentiary record before the ,board of ,veterans' ,appeals4 4 #i4 ,limitation on awards and bonuses paid to senior executive employees of ,department of ,veterans ,affairs ,section #gje of the ,veterans ,access1 ,choice1 and ,accountability ,act of #bjad 7,public ,law #aac-adf2 #ch ,u4,s4,c4 #gjc note7 is amended-- 7#a7 in subsection 7a71 by striking ,the ,secretary and inserting ,except as provided in subsection 7b71 the ,secretary2 7#b7 by redesignating subsection 7b7 as subsection 7c72 and 7#c7 by inserting after subsection 7a7 the following new subsection 7b73 7b7 ,prohibition on awards and bonuses for senior executive employees ,during each of fiscal years #bjag through #bjba1 no award or bonus may be paid to any employee of the ,department of ,veterans ,affairs who is employed in a ,senior ,executive ,service position1 as that term is defined in section #cacb7;a77#b7 of title #e4 4