Fair VA Accountability Act

Fair VA Accountability Act

This bill authorizes the Department of Veterans Affairs (VA) to: (1) suspend a VA employee without pay if the employee's performance or misconduct is a clear and direct threat to public health or safety; and (2) remove a suspended employee when, after investigation and review, removal is determined necessary in the interests of public health or safety.

A suspended employee is entitled, after suspension and before removal, to:

• a written statement of the specific charges against him or her within 30 days after suspension;
• an opportunity within 30 days thereafter, plus an additional 30 days if the charges are amended, to answer the charges and submit affidavits;
• a hearing, at the employee's request, by a VA authority duly constituted for this purpose;
• a case review by the VA before a decision adverse to the employee is made final; and
• a written statement of the VA's decision.

A VA employee who is subject to a suspension or removal that is determined under applicable law, rule, regulation, or collective bargaining agreement to be a prohibited personnel practice shall receive back pay equal to the total amount of basic pay that such employee would have received during the period that the suspension and removal was in effect, less any amounts earned by the employee through other employment during that period.

An individual who was formerly employed in a senior executive position at the VA may not accept compensation from a covered contractor as an employee, officer, director, or consultant of the contractor during the one-year period beginning on the date on which the individual was last employed at the VA in a senior executive position.

The VA: (1) may not enter into a contract with any entity that employs such an individual, and (2) shall require an entity to certify that it does not employ and will not employ any such individual during the period covered by the contract.

The VA may:

• not place any covered individual 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; and
• waive such limitation and extend the administrative leave or other paid non-duty status without charge to leave of a covered individual if the VA submits to the appropriate committees a detailed explanation of the reasons the individual was placed on administrative leave or other paid non-duty status without charge to leave, and the reasons for the extension of such leave or status.

A "covered individual" means a VA employee: (1) who is subject to an investigation to determine whether the individual should be subject to any disciplinary action, or (2) against whom any disciplinary action is proposed or initiated.