One amendment sponsored by Representative Dan Benisheck and Representative Kyrsten Sinema would require the VA Inspector General (IG) to submit a copy of an IG report relating to employee misconduct to the House and Senate Committees on Veterans Affairs when submitting it to the Secretary; explain in that copy changes that the Secretary recommended to the report while it was being prepared; require the IG to identify managers responsible for correcting problems; and deny bonuses to managers who fail to rectify them. 1994 as amended by the House Committee on Veterans Affairs. It then describes sections of the VA Accountability of Act of 2015 as passed by the House on July 29, 2015. Section-by-Section Descriptions

		Section 1. Short Title

This act may be cited as the VA Accountability Act of 2015. Section 3. The provision would provide that the appointment of an individual appointed (1) to a permanent position in the competitive service or (2) as a career appointee in the Senior Executive Service (SES) in the department would become final only after the employee served an 18-month probationary period. Current law, at 5 U.S.C. Section 4. Performance Appraisal System for Senior Executives at VA35

Section 5 of H.R. Mobility Requirement for Senior Executives

Section 5(a) would require the Secretary to reassign every senior executive at least once every five years to a position at a different location with different personnel and program supervision responsibilities. Section 6. 1994 , as reported, would provide authority to change the crediting of federal service under the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) for
certain SES employees who were removed from service at the VA due to performance or misconduct, and were convicted of a felony that influenced performance in that position; and certain retirees who separated from SES employment at the VA before a final decision was issued with respect to a removal action, and were convicted of a felony that influenced performance in that position. Section 7. The provision would provide that the Secretary could not place an employee of the department—(1) who is subject to an investigation for purposes of determining whether he or she should be subject to any disciplinary action under Title 38 or Title 5, or (2) against whom any disciplinary action is proposed or initiated under Title 38 or Title 5—on administrative leave, or any other type of paid non-duty status without charge to leave, for more than 14 days during any 365-day period. Section 8. The provision would provide that an employee of the department is performing official duty during the period in which he or she is testifying in an official capacity before the House of Representatives or the Senate, a House or Senate committee, or a joint or select committee of Congress. Section 9. The provisions would require the Secretary to ensure that the aggregate amount of awards and bonuses paid in a fiscal year under 5 U.S.C. Chapter 45 or 5 U.S.C. Chapter 53, or any other awards or bonuses authorized under 38 U.S.C. do not exceed
$300 million in each of the fiscal years FY2015 through FY2018, or $360 million in each of the fiscal years FY2019 through FY2024. Section 10. 1994 would require the Comptroller General of the United States (the Government Accountability Office, GAO) to conduct a study on the amount of time department employees spent in carrying out organizing activities related to labor organizations and the amount of space in department facilities used for such activities. Section 11. The Secretary must ensure that any responsible manager's performance review includes an evaluation regarding whether that manager took appropriate actions to resolve identified issues.
This report describes H.R. 1994, 114th Congress, 1st Session, the VA Accountability Act of 2015, as passed by the House on July 29, 2015, and compares its sections to current law where appropriate. Sections 1 through 10 were reported by the Committee on Veterans Affairs. Section 11 was added as a floor amendment.
Section 1 is the short title, "VA Accountability Act of 2015." Section 2 would authorize the Secretary of Veterans Affairs to expedite removing or demoting most employees for misconduct. Section 3 would require an individual appointed to a permanent position in the competitive service or as a career appointee in the Senior Executive Service (SES) to serve an 18-month probationary period before the appointment would become final. Section 4 would establish a process for handling whistleblower complaints.
Section 5 would establish specific requirements for VA's senior executive performance appraisal system and would require the Secretary of the VA to reassign senior executives to a new position at least every five years. It would also require a review of, and a plan for improvements to, the current management training program for senior executives. Section 6 would provide authority to reduce retirement benefits under the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) for certain former SES employees at the VA who were removed from service (or separated from SES employment before a final removal decision was issued) and convicted of a felony that influenced performance in that position.
Section 7 would provide that an employee of the department (1) who is subject to an investigation for purposes of determining whether he or she should be subject to any disciplinary action under Title 38 or Title 5 of the U.S.C., or (2) against whom any disciplinary action is proposed or initiated under Title 38 or Title 5 could not be placed on administrative leave, or any other type of paid non-duty status without charge to leave, for more than 14 days during any 365-day period.
Section 8 would provide that an employee, who is testifying in an official capacity before the House of Representatives or the Senate, a House or Senate committee, or a joint or select committee of Congress, is performing official duty when engaged in such activity.
Section 9 would limit the aggregate amount of awards and bonuses that could be paid to employees under 5 U.S.C. Chapter 45 or 5 U.S.C. Chapter 53, or any other awards or bonuses authorized under 38 U.S.C., to $300 million in each of the fiscal years FY2015 through FY2018, and $360 million in each of the fiscal years FY2019 through FY2024.
Section 10 would require the Comptroller General of the United States to conduct a study on the amount of time department employees spent in carrying out organizing activities related to labor organizations and the amount of space in department facilities used for such activities.
Section 11 would direct the VA Inspector General to submit a report that addresses a public health or safety issue relating to employee misconduct to the House and Senate Committees on Veterans Affairs when submitting it to the VA Secretary. It would require the Secretary to direct a responsible manager to resolve the issue; include in a manager's performance review an evaluation regarding whether the manager took appropriate actions to resolve it; and deny any bonus to a manager if the issue is not resolved.