[Congressional Record Volume 163, Number 96 (Tuesday, June 6, 2017)]
[Senate]
[Pages S3296-S3297]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 219. Mr. GARDNER submitted an amendment intended to be proposed by

[[Page S3297]]

him to the bill S. 1094, to amend title 38, United States Code, to 
improve the accountability of employees of the Department of Veterans 
Affairs, and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 81, strike line 3 and all that follows 
     through page 82, line 24, and insert the following:
       (a) Reduction of Annuity for Removed Employee.--(1) The 
     Secretary shall order that the covered service of an employee 
     of the Department removed from a position for performance or 
     misconduct under section 713, 714, or 7461 of this title or 
     any other provision of law shall not be taken into account 
     for purposes of calculating an annuity with respect to such 
     individual under chapter 83 or chapter 84 of title 5, if--
       (A) the Secretary determines that the individual--
       (i) is convicted of a felony (and the conviction is final) 
     that influenced the individual's performance while employed 
     in the position;
       (ii) committed an act of gross negligence; or
       (iii) mismanaged funds of the Department; 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) Reduction of Annuity for Retired Employee.--(1) The 
     Secretary may order that the covered service of an individual 
     who the Secretary proposes to remove for performance or 
     misconduct under section 713, 714, or 7461 of this title or 
     any other provision of law but who leaves employment at the 
     Department prior to the issuance of a final decision with 
     respect to such action shall not be taken into account for 
     purposes of calculating an annuity with respect to such 
     individual under chapter 83 or chapter 84 of title 5, if--
       (A) the Secretary determines that the individual--
       (i) is convicted of a felony (and the conviction is final) 
     that influenced the individual's performance while employed 
     in the position;
       (ii) committed an act of gross negligence; or
       (iii) mismanaged funds of the Department; and

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