CHAPTER 7 —EMPLOYEES
SUBCHAPTER I—GENERAL EMPLOYEE MATTERS
SUBCHAPTER II—WHISTLEBLOWER COMPLAINTS
SUBCHAPTER III—EXECUTIVE MANAGEMENT FELLOWSHIP PROGRAM
Editorial Notes
Amendments
2022—
2018—
2017—
2016—
2014—
2001—
1994—
SUBCHAPTER I—GENERAL EMPLOYEE MATTERS
Editorial Notes
Amendments
2016—
§701. Placement of employees in military installations
The Secretary may place employees of the Department in such Army, Navy, Air Force, and Space Force installations as may be considered advisable for the purpose of adjudicating disability claims of, and giving aid and advice to, members of the Armed Forces who are about to be discharged or released from active military, naval, air, or space service.
(Added
Editorial Notes
Prior Provisions
Prior sections 701 and 702 were renumbered
Provisions similar to those in this section were contained in
Amendments
2021—
Statutory Notes and Related Subsidiaries
Department of Veterans Affairs Communication With Employees Responsible for Homelessness Assistance Programs
"(1) the measurement of performance of such programs by the Homeless Programs Office of the Department; and
"(2) how to obtain and provide feedback about performance measures."
Reemployment of Former Employees at Department of Veterans Affairs
"(a)
"(b)
"(c)
"(1) formerly occupied any career or career conditional position at the Department of Veterans Affairs within 2 years before applying for reemployment at the Department;
"(2) voluntarily left such position, or was subject to a reduction in force, and had a satisfactory performance record while occupying such position; and
"(3) since leaving such position has maintained licensing requirements, related to the position, if any, and gained skill, knowledge, or other factors related to the position."
Promotional Opportunities for Technical Experts at Department of Veterans Affairs
"(1) provide any such employee the opportunity to advance within the Department without being required to transition to a management position; and
"(2) for purposes of achieving career advancement—
"(A) provide for the establishment of new positions within the Department; and
"(B) notwithstanding any other provision of law, provide for increases in pay for any such employee."
Employment of Students and Recent Graduates by Department of Veterans Affairs
"(a)
"(b)
"(1) are employed in a qualifying internship or fellowship program at the Department;
"(2) are employed in the Department in a volunteer capacity and performing substantive duties comparable to those of individuals in internship or fellowship programs and meet the required number of hours for conversion;
"(3) are employed in the Department under a contract or agreement with an external nonprofit organization and performing substantive duties comparable to those of individuals in internship or fellowship programs;
"(4) have received educational assistance under
"(5) graduated from a qualifying educational institution, as defined by the Department, and have not reached 30 years of age.
"(c)
Recruiting Database at Department of Veterans Affairs
"(a)
"(1) each vacant position in the Department of Veterans Affairs that the Secretary determines is critical to the mission of the Department, difficult to fill, or both; and
"(2) each vacant position in the Department of Veterans Affairs for a mental health professional.
"(b)
"(c)
"(1) may ensure that applicants described in subsection (b) are considered for such position; and
"(2) may use the database established under subsection (a) to assist in filling such position.
"(d)
Exit Surveys at Department of Veterans Affairs
"(a)
"(1)
"(2)
"(b)
"(1) Reasons for leaving the Department.
"(2) Efforts made by the supervisor of the employee to retain the individual.
"(3) The extent of job satisfaction and engagement during the employment.
"(4) The intent of [the] employee to either remain employed within the Federal Government or to leave employment with the Federal Government.
"(5) Such other matters as the Secretary determines appropriate.
"(c)
"(1) is anonymized, including through the use of a location that allows for privacy;
"(2) is not directly visible by another employee; and
"(3) does not require the departing employee to input any personally identifiable data.
"(d)
"(1) aggregated at the Veterans Integrated Service Network level; and
"(2) shared on an annual basis with directors and managers of facilities of the Department and the Veterans Integrated Service Networks.
"(e)
"(1)
"(2)
"(A) An analysis of the most common reasons employees choose to leave the Department.
"(B) The steps the Secretary is taking to improve retention, particularly for mission-critical occupations.
"(C) The demographic characteristics of employees choosing to leave the Department.
"(D) Any legislative barriers to improving employee retention.
"(E) The total number of employees who voluntarily separated from the Department and the number and percentage of whom took the exit survey under subsection (a)."
§703. Miscellaneous authorities respecting employees
(a) The Secretary may furnish and launder such wearing apparel as may be prescribed for employees in the performance of their official duties.
(b) The Secretary may transport children of Department employees located at isolated stations to and from school in available Government-owned automotive equipment.
(c) The Secretary may provide recreational facilities, supplies, and equipment for the use of patients in hospitals and employees in isolated installations.
(d) The Secretary may provide for the preparation, shipment, installation, and display of exhibits, photographic displays, moving pictures, and other visual educational information and descriptive material. For the purposes of the preceding sentence, the Secretary may purchase or rent equipment.
(e) The Secretary may reimburse employees for the cost of repairing or replacing their personal property damaged or destroyed by patients or domiciliary members while such employees are engaged in the performance of their official duties.
(f)(1) The Secretary, upon determining that an emergency situation exists and that such action is necessary for the effective conduct of the affairs of the Department, may use Government-owned, or leased, vehicles to transport employees to and from their place of employment and the nearest adequate public transportation or, if such public transportation is either unavailable or not feasible to use, to and from their place of employment and their home.
(2) The Secretary shall establish reasonable rates to cover the cost of the service rendered under this subsection, and all proceeds collected therefrom shall be applied to the applicable appropriation.
(Added
Editorial Notes
Prior Provisions
A prior section 703 was renumbered
Provisions similar to those in this section were contained in
Statutory Notes and Related Subsidiaries
Outreach on Availability of Mental Health Services Available to Employees of the Department of Veterans Affairs
Protocols To Address Threats Against Employees of the Department of Veterans Affairs
Clinic Management Training for Employees at Medical Facilities of the Department of Veterans Affairs
"(a)
"(1)
"(2)
"(A)
"(i) Training on how to manage the schedules of health care providers of the Department, including the following:
"(I) Maintaining such schedules in a manner that allows appointments to be booked at least eight weeks in advance.
"(II) Proper planning procedures for vacation, leave, and graduate medical education training schedules.
"(ii) Training on the appropriate number of appointments that a health care provider should conduct on a daily basis, based on specialty.
"(iii) Training on how to determine whether there are enough available appointment slots to manage demand for different appointment types and mechanisms for alerting management of insufficient slots.
"(iv) Training on how to properly use the appointment scheduling system of the Department, including any new scheduling system implemented by the Department.
"(v) Training on how to optimize the use of technology, including the following:
"(I) Telemedicine.
"(II) Electronic mail.
"(III) Text messaging.
"(IV) Such other technologies as specified by the Secretary.
"(vi) Training on how to properly use physical plant space at medical facilities of the Department to ensure efficient flow and privacy for patients and staff.
"(B)
"(3)
"(b)
"(1)
"(A) Any manager of a medical facility of the Department.
"(B) Any health care provider at a medical facility of the Department.
"(C) Such other employees of the Department as the Secretary considers appropriate.
"(2)
[For definition of "facility of the Department" as used in section 303 of
Limitation on Awards and Bonuses Paid to Employees of Department of Veterans Affairs
"(a)
"(1) With respect to each of fiscal years 2017 through 2018, $250,000,000, of which not less than $20,000,000 shall be for recruitment, relocation, and retention bonuses.
"(2) With respect to each of fiscal years 2019 through 2021, $290,000,000, of which not less than $20,000,000 shall be for recruitment, relocation, and retention bonuses.
"(b)
[
§704. Waiver of pay limitation for certain employees
(a)
(1) the official duty station of the employee is closed; or
(2) the office, facility, activity, or organization of the employee is realigned.
(b)
(1)
(2)
(c)
(d)
(1)
(2)
(A) Where the waiver or waivers were used, including in which component of the Department and, as the case may be, which medical center of the Department.
(B) For how many employees the waiver or waivers were used, disaggregated by component of the Department and, if applicable, medical center of the Department.
(C) The average amount by which each payment exceeded the pay limitation that was waived, disaggregated by component of the Department and, if applicable, medical center of the Department.
(e)
(f)
(Added
Editorial Notes
Prior Provisions
A prior section 704 was renumbered
§705. Telephone service for medical officers and facility directors
The Secretary may pay for official telephone service and rental in the field whenever incurred in case of official telephones for directors of centers, hospitals, independent clinics, domiciliaries, and medical officers of the Department where such telephones are installed in private residences or private apartments or quarters, when authorized under regulations prescribed by the Secretary.
(Added
Editorial Notes
Prior Provisions
A prior section 705 was renumbered
Provisions similar to those in this section were contained in
§706. Additional authority relating to recruitment and retention of personnel
(a)
(b)
(2) The Secretary may pay a retention bonus as specified in subsection (e)(2) of
(c)
(d)
(A) the employee possesses a high-demand skill or skill that is at a shortage;
(B) such skill is directly related to the duties and responsibilities of the employee's position; and
(C) employment of an individual with such skill in such position serves a critical mission-related need of the Department.
(2) An incentive provided to an employee under paragraph (1) may not to 1 exceed 25 percent of the basic pay of the employee.
(3) Provision of an incentive under paragraph (1) shall be contingent on the employee entering into a written agreement to complete a period of employment with the Department.
(4) An incentive provided under paragraph (1) shall not be considered basic pay for any purpose.
(5) The Secretary may prescribe conditions, including with respect to eligibility, and limitations on provision of incentive 2 under paragraph (1).
(6) Incentive 3 provided under paragraph (1) shall not be included in the calculation of total amount of compensation under
(e)
(2) Paragraph (2) of such section shall not apply to payment under this subsection.
(3) Payment under this subsection shall be made subject to such terms, limitations, or conditions as may be mutually agreed to by the Secretary and the employee concerned, except that the amount paid by the Secretary under this subsection may not exceed—
(A) $40,000 for any employee in any calendar year; or
(B) a total of $100,000 in the case of any employee.
(f)
(2) The number of employees the Secretary may appoint under
(g)
(2) The number of employees the Secretary may appoint under
(h)
(2) The Secretary may fix the rate of pay for a critical position under this subsection in excess of the limitation set forth by section 5377(d)(2) of such title.
(3) Basic pay may not be fixed under this subsection at a rate greater than the rate payable for the Vice President of the United States established under
(4) Notwithstanding
(i)
(2) In applying such section to the Secretary's authority under paragraph (1)—
(A) "50 percent" shall be substituted for "30 percent"; and
(B) "level II of the Executive Schedule" shall be substituted for "level IV of the Executive Schedule".
(j)
(k)
(Added
Editorial Notes
References in Text
GS–11, referred to in subsecs. (f)(2) and (g)(2), is contained in the General Schedule, which is set out under
Levels II and IV of the Executive Schedule, referred to in subsec. (i)(2)(B), are set out in sections 5313 and 5315, respectively, of Title 5, Government Organization and Employees.
Prior Provisions
A prior section 706 was renumbered
1 So in original. The word "to" probably should not appear.
2 So in original. Probably should be preceded by "an".
3 So in original. Probably should be "An incentive".
§707. Benefits for employees at overseas offices who are United States citizens
(a) The Secretary may, under such rules and regulations as may be prescribed by the President or the President's designee, provide to personnel of the Department who are United States citizens and are assigned by the Secretary to the Department offices in the Republic of the Philippines allowances and benefits similar to those provided by the following provisions of law:
(1) Section 905 of the Foreign Service Act of 1980 (relating to allowances to provide for the proper representation of the United States).
(2) Sections 901(1), (2), (3), (4), (7), (8), (9), (11), and (12) of the Foreign Service Act of 1980 (relating to travel expenses).
(3) Section 901(13) of the Foreign Service Act of 1980 (relating to transportation of automobiles).
(4) Section 903 of the Foreign Service Act of 1980 (relating to the return of personnel to the United States on leave of absence).
(5) Section 904(d) of the Foreign Service Act of 1980 (relating to payments by the United States of expenses for treating illness or injury of officers or employees and dependents requiring hospitalization).
(6)
(7)
(b) The authority in subsection (a) supplements, but is not in lieu of, other allowances and benefits for overseas employees of the Department provided by title 5 and the Foreign Service Act of 1980 (
(Added
Editorial Notes
References in Text
The Foreign Service Act of 1980, referred to in subsecs. (a)(1)–(5) and (b), is
Prior Provisions
Prior sections 707 and 708 were renumbered
Provisions similar to those in this section were contained in
Amendments
1996—Subsec. (a)(6).
Subsec. (a)(7).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by
Executive Documents
Ex. Ord. No. 12228. Allowances for Personnel on Foreign Duty
Ex. Ord. No. 12228, July 24, 1980, 45 F.R. 49903, as amended by Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967, provided:
By the authority vested in me as President of the United States of America by Sections 7 and 8 of the Defense Department Overseas Teachers Pay and Personnel Practices Act of 1959, as amended (
1–101. Payment of the additional compensation authorized by Section 8(a)(2) of the Defense Department Overseas Teachers Pay and Personnel Practices Act of 1959, as amended, shall be governed by the regulations contained in Executive Order No. 10000, as amended [set out as a note under
1–102. The following functions vested in the President are delegated to the Secretary of State:
(a) That part of the functions in Section 7(a) of the Defense Department Overseas Teachers Pay and Personnel Practices Act which consists of the authority to prescribe regulations relating to quarters and quarters allowances (
(b) The authority in Section 8(a)(1) of the Defense Department Overseas Teachers Pay and Personnel Practices Act to prescribe regulations relating to cost of living allowances (
(c) The following authority in Section 235 [see 707] of
(1) Section 235(2) [see 707(2)], except as that section pertains to an allowance similar to that provided for in Section 901(6) of the Foreign Service Act of 1980 (
(2) Section 235(3) [see 707(3)];
(3) Section 235(5) [see 707(5)];
(4) Section 235(6) [see 707(6)]; and
(5) Section 235(7) [see 707(7)].
1–103. The following functions vested in the President by Section 235 [see 707] of
1–104. Executive Order No. 10853 [not classified to Code], as amended, is revoked. The rules and regulations which were prescribed by the Secretary of State or the Administrator of the Veterans Administration [now Secretary of Veterans Affairs] pursuant to Executive Order No. 10853, as amended, and which would be valid if issued pursuant to this Order, shall be deemed to have been issued under this Order.
§709. Employment restrictions
(a)(1) Notwithstanding
(2) For purposes of this subsection, the average number of senior executives employed in Senior Executive Service positions in the Department during a fiscal year shall be equal to 25 percent of the sum of the total number of senior executives employed in Senior Executive Service positions in the Department on the last day of each quarter of such fiscal year.
(b) The number of positions in the Department which may be excepted from the competitive service, on a temporary or permanent basis, because of their confidential or policy-determining character may not at any time exceed the equivalent of 15 positions.
(c)(1) Political affiliation or activity may not be taken into account in connection with the appointment of any person to any position in or to perform any service for the Department or in the assignment or advancement of any employee in the Department.
(2) Paragraph (1) shall not apply—
(A) to the appointment of any person by the President under this title, other than the appointment of the Under Secretary for Health, the Under Secretary for Benefits, and the Inspector General; or
(B) to the appointment of any person to (i) a Senior Executive Service position as a noncareer appointee, or (ii) a position that is excepted from the competitive service, on a temporary or permanent basis, because of the confidential or policy-determining character of the position.
(Added
Editorial Notes
Prior Provisions
Prior sections 709 and 710 were renumbered
Provisions similar to those in this section were contained in section 12 of
Amendments
1992—Subsec. (c)(2)(A).
§711. Grade reductions
(a) The Secretary may not implement a grade reduction described in subsection (b) unless the Secretary first submits to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing a detailed plan for such reduction and a detailed justification for the plan. The report shall include a determination by the Secretary (together with data supporting such determination) that, in the personnel area concerned, the Department has a disproportionate number of employees at the salary grade or grades selected for reduction in comparison to the number of such employees at the salary levels involved who perform comparable functions in other departments and agencies of the Federal Government and in non-Federal entities. Any grade reduction described in such report may not take effect until the end of a period of 90 calendar days (not including any day on which either House of Congress is not in session) after the report is received by the committees.
(b) A grade reduction referred to in subsection (a) is a systematic reduction, for the purpose of reducing the average salary cost for Department employees described in subsection (c), in the number of such Department employees at a specific grade level.
(c) The employees referred to in subsection (b) are—
(1) health-care personnel who are determined by the Secretary to be providing either direct patient-care services or services incident to direct patient-care services;
(2) individuals who meet the definition of professional employee as set forth in
(3) individuals who are employed as computer specialists.
(d) Not later than the 45th day after the Secretary submits a report under subsection (a), the Comptroller General shall, upon request of either of such Committees, submit to such committees a report on the Secretary's compliance with such subsection. The Comptroller General shall include in the report the Comptroller General's opinion as to the accuracy of the Secretary's determination (and of the data supporting such determination) made under such subsection.
(e) In the case of Department employees not described in subsection (c), the Secretary may not in any fiscal year implement a systematic reduction for the purpose of reducing the average salary cost for such Department employees that will result in a reduction in the number of such Department employees at any specific grade level at a rate greater than the rate of the reductions systematically being made in the numbers of employees at such grade level in all other agencies and departments of the Federal Government combined.
(Added
Editorial Notes
Prior Provisions
Prior section 711 was renumbered
Provisions similar to those in this section were contained in former
Amendments
1996—Subsec. (d).
1994—Subsec. (d).
[§712. Repealed. Pub. L. 107–103, title V, §509(a)(1), Dec. 27, 2001, 115 Stat. 997 ]
Section, added
Editorial Notes
Prior Provisions
A prior section 712 was renumbered
§713. Senior executives: removal, demotion, or suspension based on performance or misconduct
(a)
(2) If the Secretary so removes such an individual, the Secretary may remove the individual from the civil service (as defined in
(b)
(A) advance notice of the action and a file containing all evidence in support of the proposed action;
(B) be represented by an attorney or other representative of the covered individual's choice; and
(C) grieve the action in accordance with an internal grievance process that the Secretary, in consultation with the Assistant Secretary for Accountability and Whistleblower Protection, shall establish for purposes of this subsection.
(2)(A) The aggregate period for notice, response, and decision on an action under subsection (a) may not exceed 15 business days.
(B) The period for the response of a covered individual to a notice under paragraph (1)(A) of an action under subsection (a) shall be 7 business days.
(C) A decision under this paragraph on an action under subsection (a) shall be issued not later than 15 business days after notice of the action is provided to the covered individual under paragraph (1)(A). The decision shall be in writing, and shall include the specific reasons therefor.
(3) The Secretary shall ensure that the grievance process established under paragraph (1)(C) takes fewer than 21 days.
(4) A decision under paragraph (2) that is not grieved, and a grievance decision under paragraph (3), shall be final and conclusive.
(5) A covered individual adversely affected by a decision under paragraph (2) that is not grieved, or by a grievance decision under paragraph (3), may obtain judicial review of such decision.
(6) In any case in which judicial review is sought under paragraph (5), the court shall review the record and may set aside any Department action found to be—
(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with a provision of law;
(B) obtained without procedures required by a provision of law having been followed; or
(C) unsupported by substantial evidence.
(c)
(d)
(1) The term "covered individual" means—
(A) a career appointee (as that term is defined in
(B) any individual who occupies an administrative or executive position and who was appointed under section 7306(a), section 7401(1), or
(2) The term "misconduct" includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.
(3) The term "senior executive position" means—
(A) with respect to a career appointee (as that term is defined in
(B) with respect to a covered individual appointed under section 7306(a) or
(Added
Editorial Notes
Prior Provisions
A prior section 713 was renumbered
Amendments
2017—
Statutory Notes and Related Subsidiaries
Construction
Establishment of Expedited Review Process
Temporary Exemption From Certain Limitation on Initiation of Removal From Senior Executive Service
§714. Employees: removal, demotion, or suspension based on performance or misconduct
(a)
(2) If the Secretary so removes, demotes, or suspends such a covered individual, the Secretary may—
(A) remove the covered individual from the civil service (as defined in
(B) demote the covered individual by means of a reduction in grade for which the covered individual is qualified, that the Secretary determines is appropriate, and that reduces the annual rate of pay of the covered individual; or
(C) suspend the covered individual.
(b)
(2)(A) A covered individual so demoted may not be placed on administrative leave during the period during which an appeal (if any) under this section is ongoing, and may only receive pay if the covered individual reports for duty or is approved to use accrued unused annual, sick, family medical, military, or court leave.
(B) If a covered individual so demoted does not report for duty or receive approval to use accrued unused leave, such covered individual shall not receive pay or other benefits pursuant to subsection (d)(5).
(c)
(B) The period for the response of a covered individual to a notice of a proposed removal, demotion, or suspension under this section shall be 7 business days.
(C) Paragraph (3) of subsection (b) of
(D) The procedures in this subsection shall supersede any collective bargaining agreement to the extent that such agreement is inconsistent with such procedures.
(2) The Secretary shall issue a final decision with respect to a removal, demotion, or suspension under this section not later than 15 business days after the Secretary provides notice, including a file containing all the evidence in support of the proposed action, to the covered individual of the removal, demotion, or suspension. The decision shall be in writing and shall include the specific reasons therefor.
(3) The procedures under
(4)(A) Subject to subparagraph (B) and subsection (d), any removal or demotion under this section, and any suspension of more than 14 days under this section, may be appealed to the Merit Systems Protection Board, which shall refer such appeal to an administrative judge pursuant to
(B) An appeal under subparagraph (A) of a removal, demotion, or suspension may only be made if such appeal is made not later than 10 business days after the date of such removal, demotion, or suspension.
(d)
(2)(A) Notwithstanding
(B) Notwithstanding title 5 or any other provision of law, if the decision of the Secretary is supported by substantial evidence, the administrative judge shall not mitigate the penalty prescribed by the Secretary.
(3)(A) The decision of the administrative judge under paragraph (1) may be appealed to the Merit Systems Protection Board.
(B) Notwithstanding
(C) Notwithstanding title 5 or any other provision of law, if the decision of the Secretary is supported by substantial evidence, the Merit Systems Protection Board shall not mitigate the penalty prescribed by the Secretary.
(4) In any case in which the administrative judge cannot issue a decision in accordance with the 180-day requirement under paragraph (1), the Merit Systems Protection Board shall, not later than 14 business days after the expiration of the 180-day period, 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 requirement.
(5)(A) A decision of the Merit Systems Protection Board under paragraph (3) may be appealed to the United States Court of Appeals for the Federal Circuit pursuant to
(B) Any decision by such Court shall be in compliance with
(6) The Merit Systems Protection Board may not stay any removal or demotion under this section, except as provided in
(7) During the period beginning on the date on which a covered individual appeals a removal from the civil service under subsection (c) and ending on the date that the United States Court of Appeals for the Federal Circuit issues a final decision on such appeal, such covered individual may not receive any pay, awards, bonuses, incentives, allowances, differentials, student loan repayments, special payments, or benefits related to the employment of the individual by the Department.
(8) To the maximum extent practicable, 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 expedited.
(9) If an employee prevails on appeal under this section, the employee shall be entitled to backpay (as provided in
(10) 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 agreement, the timelines and procedures set forth in subsection (c) and this subsection shall apply.
(e)
(2) In the case of a covered individual who has made a whistleblower disclosure to the Assistant Secretary for Accountability and Whistleblower Protection, the Secretary may not remove, demote, or suspend such covered individual under subsection (a) until—
(A) in the case in which the Assistant Secretary determines to refer the whistleblower disclosure under
(B) in the case in which the Assistant Secretary determines not to refer the whistleblower disclosure under such section, the Assistant Secretary makes such determination.
(f)
(2) Such statement may not be admissible as evidence in any judicial or administrative proceeding without the consent of such employee or former employee.
(g)
(h)
(1) The term "covered individual" means an individual occupying a position at the Department, but does not include—
(A) an individual occupying a senior executive position (as defined in
(B) an individual appointed pursuant to
(C) an individual who has not completed a probationary or trial period; or
(D) a political appointee.
(2) The term "suspend" means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay for a period in excess of 14 days.
(3) The term "grade" has the meaning given such term in
(4) The term "misconduct" includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.
(5) The term "political appointee" means an individual who is—
(A) employed in a position described under
(B) a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of
(C) employed in a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, or successor regulation.
(6) The term "whistleblower disclosure" has the meaning given such term in
(Added
Editorial Notes
Prior Provisions
A prior section 714 was renumbered
Amendments
2019—Subsec. (e)(2)(B).
§715. Congressional testimony by employees: treatment as official duty
(a)
(b)
(Added
Editorial Notes
Prior Provisions
Prior sections 715 and 716 were renumbered
§717. Limitation on administrative leave
(a)
(b)
(c)
(1) who is subject to an investigation for purposes of determining whether such individual should be subject to any disciplinary action under this title or title 5; or
(2) against whom any disciplinary action is proposed or initiated under this title or title 5.
(Added
Editorial Notes
Prior Provisions
Prior sections 717 and 718 were renumbered
Statutory Notes and Related Subsidiaries
Effective Date
§719. Reduction of benefits of employees convicted of certain crimes
(a)
(A) the Secretary determines that the individual is convicted of a felony (and the conviction is final) that influenced the individual's performance while employed in the position; and
(B) before such order is made, the individual is afforded—
(i) notice of the proposed order; and
(ii) an opportunity to respond to the proposed order by not later than ten business days following receipt of such notice; and
(C) the Secretary issues the order—
(i) in the case of a proposed order to which an individual responds under subparagraph (B)(ii), not later than five business days after receiving the response of the individual; or
(ii) in the case of a proposed order to which an individual does not respond, not later than 15 business days after the Secretary provides notice to the individual under subparagraph (B)(i).
(2) 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 subsection.
(b)
(A) the Secretary determines that individual is convicted of a felony (and the conviction is final) that influenced the individual's performance while employed in the position; and
(B) before such order is made, the individual is afforded—
(i) notice of the proposed order;
(ii) opportunity to respond to the proposed order by not later than ten business days following receipt of such notice; and
(C) the Secretary issues the order—
(i) in the case of a proposed order to which an individual responds under subparagraph (B)(ii), not later than five business days after receiving the response of the individual; or
(ii) in the case of a proposed order to which an individual does not respond, not later than 15 business days after the Secretary provides notice to the individual under subparagraph (B)(i).
(2) Upon the issuance of an order by the Secretary under paragraph (1), 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 issuance.
(3) The Director of the Office of Personnel Management shall make a final decision with respect to an appeal under paragraph (2) within 30 business days of receiving the appeal.
(c)
(d)
(e)
(2) Regulations prescribed under paragraph (1) shall be consistent with the requirements of
(f)
(1) The term "covered service" means, with respect to an individual subject to a removal for performance or misconduct under
(2) The term "lump-sum credit" has the meaning given such term in section 8331(8) or
(3) The term "service" has the meaning given such term in section 8331(12) or
(Added
Editorial Notes
Prior Provisions
Prior sections 719 and 720 were renumbered
Statutory Notes and Related Subsidiaries
Effective Date
§721. Recoupment of bonuses or awards paid to employees of Department
(a)
(1) the Secretary determines that the individual engaged in misconduct or poor performance prior to payment of the award or bonus, and that such award or bonus would not have been paid, in whole or in part, had the misconduct or poor performance been known prior to payment; and
(2) before such repayment, the employee is afforded—
(A) notice of the proposed order; and
(B) an opportunity to respond to the proposed order by not later than 10 business days after the receipt of such notice; and
(3) the Secretary issues the order—
(A) in the case of a proposed order to which an individual responds under paragraph (2)(B), not later than five business days after receiving the response of the individual; or
(B) in the case of a proposed order to which an individual does not respond, not later than 15 business days after the Secretary provides notice to the individual under paragraph (2)(A).
(b)
(2) The Director shall make a final decision with respect to an appeal under paragraph (1) within 30 business days after receiving such appeal.
(Added
Editorial Notes
Prior Provisions
Prior sections 721 and 722 were renumbered
Statutory Notes and Related Subsidiaries
Effective Date
§723. Recoupment of relocation expenses paid on behalf of employees of Department
(a)
(1) the Secretary determines that relocation expenses were paid following an act of fraud or malfeasance that influenced the authorization of the relocation expenses;
(2) before such repayment, the employee is afforded—
(A) notice of the proposed order; and
(B) an opportunity to respond to the proposed order not later than ten business days following the receipt of such notice; and
(3) the Secretary issues the order—
(A) in the case of a proposed order to which an individual responds under paragraph (2)(B), not later than five business days after receiving the response of the individual; or
(B) in the case of a proposed order to which an individual does not respond, not later than 15 business days after the Secretary provides notice to the individual under paragraph (2)(A).
(b)
(2) The Director shall make a final decision with respect to an appeal under paragraph (1) within 30 days after receiving such appeal.
(Added
Editorial Notes
Prior Provisions
Prior sections 723 to 729 were renumbered
Statutory Notes and Related Subsidiaries
Effective Date
§725. Annual performance plan for political appointees
(a)
(b)
(1) Recruiting, selecting, and retaining well-qualified individuals for employment at the Department.
(2) Engaging and motivating employees.
(3) Training and developing employees and preparing those employees for future leadership roles within the Department.
(4) Holding each employee of the Department that is a manager accountable for addressing issues relating to performance, in particular issues relating to the performance of employees that report to the manager.
(c)
(1) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character; or
(2) a position in the Senior Executive Service as a noncareer appointee (as such term is defined in
(Added
§726. Annual report on performance awards and bonuses awarded to certain high-level employees
(a)
(1) Regional Office Director of the Department.
(2) Director of a Medical Center of the Department.
(3) Director of a Veterans Integrated Service Network.
(4) Senior executive of the Department.
(b)
(1) The amount of each award or bonus.
(2) The job title of the individual awarded the award or bonus.
(3) The location where the individual awarded the award or bonus works.
(c)
(1) The term "appropriate committees of Congress" means the Committees on Veterans' Affairs and Appropriations of the Senate and House of Representatives.
(2) The term "senior executive" means—
(A) a career appointee; or
(B) an individual—
(i) in an administrative or executive position; and
(ii) appointed under section 7306(a) or
(3) The term "career appointee" has the meaning given that term in
(Added
Editorial Notes
Codification
Section 501(a) of
Amendments
2018—Subsec. (c)(3).
§727. Reassignment of senior executives
(a)
(b)
(2) Each report submitted under paragraph (1) shall describe the purpose of each reassignment and the costs associated with such reassignment.
(3) For purposes of paragraph (2), costs associated with a reassignment may only include the following:
(A) A salary increase.
(B) Temporary travel expenses for the individual or the family of the individual.
(C) Moving expenses.
(D) A paid incentive.
(c)
(Added
§728. Misuse of Department purchase cards
(a)
(2) Such a prohibition shall be in addition to any other applicable penalty.
(b)
(1) splitting purchases;
(2) exceeding applicable purchase card limits or purchase thresholds;
(3) purchasing any unauthorized item;
(4) using a purchase card without being an authorized purchase card holder; or
(5) violating ethics standards.
(Added
SUBCHAPTER II—WHISTLEBLOWER COMPLAINTS
§731. Adverse actions against supervisory employees who commit prohibited personnel actions relating to whistleblower complaints
(a)
(A) With respect to the first offense, an adverse action that is not less than a 12-day suspension and not more than removal.
(B) With respect to the second offense, removal.
(2)(A) An employee against whom an adverse action under paragraph (1) is proposed is entitled to written notice.
(B)(i) An employee who is notified under subparagraph (A) of being the subject of a proposed adverse action under paragraph (1) is entitled to 10 days following such notification to answer and furnish evidence in support of the answer.
(ii) If the employee does not furnish any such evidence as described in clause (i) or if the Secretary determines that such evidence is not sufficient to reverse the determination to propose the adverse action, the Secretary shall carry out the adverse action following such 10-day period.
(C) Paragraphs (1) and (2) of subsection (b) of
(b)
(c)
(1) Taking or failing to take a personnel action in violation of
(A) making a whistleblower disclosure to the Assistant Secretary for Accountability and Whistleblower Protection, the Inspector General of the Department, the Special Counsel, or Congress;
(B) providing information or participating as a witness in an investigation of a whistleblower disclosure made to the Assistant Secretary for Accountability and Whistleblower Protection, the Inspector General of the Department, the Special Counsel, or Congress;
(C) participating in an audit or investigation by the Comptroller General of the United States;
(D) refusing to perform an action that is unlawful or prohibited by the Department; or
(E) engaging in communications that are related to the duties of the position or are otherwise protected.
(2) Preventing or restricting an employee from making an action described in any of subparagraphs (A) through (E) of paragraph (1).
(3) Conducting a negative peer review or opening a retaliatory investigation because of an activity of an employee that is protected by
(4) Requesting a contractor to carry out an action that is prohibited by section 4705(b) or
(d)
(Added
Editorial Notes
Prior Provisions
A prior section 731, added
Amendments
2017—
Subsec. (a)(2)(B).
Subsec. (c)(1)(A).
Subsec. (c)(1)(B).
Subsec. (c)(1)(C) to (F).
Subsec. (c)(2).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Improvement of Training for Supervisors
"(a)
"(1) The rights of whistleblowers and how to address a report by an employee of a hostile work environment, reprisal, or harassment.
"(2) How to effectively motivate, manage, and reward the employees who report to the supervisor.
"(3) 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 employees.
"(b)
"(1)
"(2)
§732. Protection of whistleblowers as criteria in evaluation of supervisors
(a)
(1) the Secretary shall use as a critical element in any evaluation of the performance of a supervisory employee; and
(2) promotes the protection of whistleblowers.
(b)
(c)
(Added
Editorial Notes
Prior Provisions
A prior section 732, added
§733. Training regarding whistleblower disclosures
(a)
(1) an explanation of each method established by law in which an employee may file a whistleblower disclosure;
(2) the right of the employee to petition Congress regarding a whistleblower disclosure in accordance with
(3) an explanation that the employee may not be prosecuted or reprised against for disclosing information to Congress, the Inspector General, or another investigatory agency in instances where such disclosure is permitted by law, including under
(4) an explanation of the language that is required to be included in all nondisclosure policies, forms, and agreements pursuant to section 115(a)(1) of the Whistleblower Protection Enhancement Act of 2012 (
(5) the right of contractors to be protected from reprisal for the disclosure of certain information under
(b)
(c)
(d)
(e)
(Added
Editorial Notes
References in Text
Section 3(d)(1)(C) of the Inspector General Act of 1978, referred to in subsec. (a), is section 3(d)(1)(C) of
Section 264(c) of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (a)(3), is section 264(c) of
Section 115(a)(1) of the Whistleblower Protection Enhancement Act of 2012, referred to in subsec. (a)(4), is section 115(a)(1) of
Prior Provisions
A prior section 733 was renumbered
1 See References in Text note below.
[§§734 to 736. Repealed. Pub. L. 115–41, title I, §102(a)(1), June 23, 2017, 131 Stat. 865 ]
Section 734, added
Section 735, added
Section 736, added
Editorial Notes
Prior Provisions
Prior sections 740 to 763, 765 to 779, 781 to 788, and 801 to 806 were renumbered
SUBCHAPTER III—EXECUTIVE MANAGEMENT FELLOWSHIP PROGRAM
§741. Executive Management Fellowship Program
(a)
(1) eligible employees of the Veterans Benefits Administration and the Veterans Health Administration with training and experience in the private sector; and
(2) eligible employees of a private-sector entity with training and experience in the Department of Veterans Affairs.
(b)
(A) with respect to a Department participant, the participant receives training and experience at a private-sector entity that is engaged in the administration and delivery of health care or other services similar to the benefits administered by the Secretary; and
(B) with respect to a private-sector participant, the participant receives training and experience at the Veterans Benefits Administration or the Veterans Health Administration.
(2) The Secretary shall enter into such agreements with private-sector entities as are necessary to carry out this section.
(c)
(A) not fewer than 18 and not more than 30 eligible employees of the Veterans Benefits Administration and the Veterans Health Administration to receive a fellowship under this section; and
(B) not fewer than 18 and not more than 30 eligible employees of private-sector entities to receive a fellowship under this section.
(2) To the extent practicable, the Secretary shall select eligible employees under subparagraphs (A) and (B) of paragraph (1) from among eligible employees who are veterans in a manner that is reflective of the demographics of the veteran population of the United States and that whenever practicable provides a preference to such employees who represent or service rural areas.
(d)
(1) with respect to an employee of the Veterans Benefits Administration or the Veterans Health Administration, an employee who—
(A) is compensated at a rate of basic pay not less than the minimum rate of basic pay payable for grade GS–14 of the General Schedule and not more than either the minimum rate of basic pay payable to a member of the Senior Executive Service under
(B) enters into an agreement with the Secretary under subsection (e); and
(C) submits to the Secretary an application containing such information and assurances as the Secretary may require; and
(2) with respect to an employee of a private-sector entity, an employee who—
(A) is employed in a position whose duties and responsibilities are commensurate with an employee of the Department described in paragraph (1);
(B) enters into an agreement with the Secretary under subsection (e); and
(C) submits to the Secretary an application containing such information and assurances as the Secretary may require.
(e)
(A) The Secretary's agreement to provide the participant with a fellowship under this section;
(B) The participant's agreement—
(i) to accept the fellowship;
(ii) after completion of the fellowship, to serve as a full-time employee in the Veterans Benefits Administration or the Veterans Health Administration for at least 2 years as specified in the agreement; and
(iii) that, during the 2-year period beginning on the last day of the fellowship, the participant will not accept employment in the same industry as the industry of the private-sector entity at which the participant accepts the fellowship.
(C) A provision that any financial obligation of the United States arising out of an agreement entered into under this subchapter, and any obligation of the participant which is conditioned on such agreement, is contingent upon funds being appropriated.
(D) A statement of the damages to which the United States is entitled under this subchapter for the participant's breach of the agreement.
(E) Such other terms as the Secretary determines are required to be included in the agreement.
(2) An agreement between the Secretary and a private-sector participant shall be in writing, shall be signed by the participant, and shall include the following provisions:
(A) The Secretary's agreement to provide the participant with a fellowship under this section.
(B) The participant's agreement to accept the fellowship.
(C) Such other terms as the Secretary determines are required to be included in the agreement.
(f)
(2) A private-sector participant shall be considered an employee of the private-sector entity that employs the participant for all purposes, including for purposes of receiving a salary and benefits, and during the fellowship shall be treated as a contractor of the Department.
(g)
(2) Each such report shall describe the duties of the recipient during the fellowship and any recommendations of the recipient for the application by the Secretary of industry processes, technologies, and best practices.
(3) Not later than 7 days after receiving each such report, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives such report without change.
(h)
(1) The term "Department participant" means an employee of the Veterans Benefits Administration or the Veterans Health Administration who is participating in the fellowship under this section.
(2) The term "private-sector entity" includes an entity operating under a public-private partnership.
(3) The term "private-sector participant" means an employee of a private-sector entity who is participating in the fellowship under this section.
(Added
Editorial Notes
References in Text
Grade GS–14 of the General Schedule, referred to in subsec. (d)(1)(A), is set out under