S.Amdt. 219

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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