38 U.S.C. § 715 — Congressional testimony by employees:

Page 120 TITLE 38—VETERANS’ BENEFITS § 715 (6) The Merit Systems Protection Board may not stay any removal or demotion under this section, except as provided in section 1214(b) of title 5. (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, in- centives, allowances, differentials, student loan repayments, special payments, or benefits re- lated 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 assist- ance 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 section 5596 of title 5). (10) If an employee who is subject to a collec- tive bargaining agreement chooses to grieve an action taken under this section through a griev- ance procedure provided under the collective bargaining agreement, the timelines and proce- dures set forth in subsection (c) and this sub- section shall apply. (e) WHISTLEBLOWER PROTECTION.—(1) In the case of a covered individual seeking corrective action (or on behalf of whom corrective action is sought) from the Office of Special Counsel based on an alleged prohibited personnel practice de- scribed in section 2302(b) of title 5, the Secretary may not remove, demote, or suspend such cov- ered individual under subsection (a) without the approval of the Special Counsel under section 1214(f) of title 5. (2) In the case of a covered individual who has made a whistleblower disclosure to the Assist- ant Secretary for Accountability and Whistle- blower Protection, the Secretary may not re- move, demote, or suspend such covered indi- vidual under subsection (a) until— (A) in the case in which the Assistant Sec- retary determines to refer the whistleblower disclosure under section 323(c)(1)(D) of this title to an office or other investigative entity, a final decision with respect to the whistle- blower disclosure has been made by such office or other investigative entity; or (B) in the case in which the Assistant Sec- retary determines not to refer the whistle- blower disclosure under such section, the As- sistant Secretary makes such determination. (f) TERMINATION OF INVESTIGATIONS BY OFFICE OF SPECIAL COUNSEL.—(1) Notwithstanding any other provision of law, the Special Counsel (es- tablished by section 1211 of title 5) may termi- nate an investigation of a prohibited personnel practice alleged by an employee or former em- ployee of the Department after the Special Counsel provides to the employee or former em- ployee a written statement of the reasons for the termination of the investigation. (2) Such statement may not be admissible as evidence in any judicial or administrative pro- ceeding without the consent of such employee or former employee. (g) VACANCIES.—In the case of a covered indi- vidual who is removed or demoted under sub- section (a), to the maximum extent feasible, the Secretary shall fill the vacancy arising as a re- sult of such removal or demotion. (h) DEFINITIONS.—In this section: (1) The term ‘‘covered individual’’ means an individual occupying a position at the Depart- ment, but does not include— (A) an individual occupying a senior execu- tive position (as defined in section 713(d) of this title); (B) an individual appointed pursuant to sections 7306, 7401(1), 7401(4), or 7405 of this title; (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 section 7511(a) of title 5. (4) The term ‘‘misconduct’’ includes neglect of duty, malfeasance, or failure to accept a di- rected reassignment or to accompany a posi- tion in a transfer of function. (5) The term ‘‘political appointee’’ means an individual who is— (A) employed in a position described under sections 5312 through 5316 of title 5 (relating to the Executive Schedule); (B) a limited term appointee, limited emergency appointee, or noncareer ap- pointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), re- spectively, of section 3132(a) of title 5; or (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 section 323(g) of this title. (Added Pub. L. 115–41, title II, § 202(a), June 23, 2017, 131 Stat. 869; amended Pub. L. 116–61, § 6(1), Sept. 30, 2019, 133 Stat. 1116.) Editorial Notes PRIOR PROVISIONS A prior section 714 was renumbered section 1914 of this title. AMENDMENTS 2019—Subsec. (e)(2)(B). Pub. L. 116–61 substituted ‘‘to refer’’ for ‘‘to the refer’’. § 715. Congressional testimony by employees: treatment as official duty (a) CONGRESSIONAL TESTIMONY.—An employee of the Department is performing official duty during the period with respect to which the em- ployee is testifying in an official capacity in front of either chamber of Congress, a com- mittee of either chamber of Congress, or a joint or select committee of Congress. (b) TRAVEL EXPENSES.—The Secretary shall provide travel expenses, including per diem in Page 121 TITLE 38—VETERANS’ BENEFITS § 719 lieu of subsistence, in accordance with applica- ble provisions under subchapter I of chapter 57 of title 5, to any employee of the Department of Veterans Affairs performing official duty de- scribed under subsection (a). (Added Pub. L. 114–223, div. A, title II, § 247(b)(1), Sept. 29, 2016, 130 Stat. 890.) Editorial Notes PRIOR PROVISIONS Prior sections 715 and 716 were renumbered sections 1915 and 1916 of this title, respectively. § 717. Limitation on administrative leave (a) IN GENERAL.—Except as provided in sub- section (b), the Secretary 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 a total of 14 days during any 365-day period. (b) WAIVER.—The Secretary may waive the limitation under subsection (a) and extend the administrative leave or other paid non-duty sta- tus without charge to leave of a covered indi- vidual placed on such leave or status under sub- section (a) if the Secretary submits to the Com- mittees on Veterans’ Affairs of the Senate and House of Representatives a detailed explanation of the reasons the individual was placed on ad- ministrative leave or other paid non-duty status without charge to leave and the reasons for the extension of such leave or status. Such expla- nation shall include the job title and grade of the covered individual and the location where the individual is employed. (c) COVERED INDIVIDUAL.—In this section, the term ‘‘covered individual’’ means an employee of the Department— (1) who is subject to an investigation for pur- poses 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 Pub. L. 114–315, title V, § 503(a)(1), Dec. 16, 2016, 130 Stat. 1568.) Editorial Notes PRIOR PROVISIONS Prior sections 717 and 718 were renumbered sections 1917 and 1918 of this title, respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 114–315, title V, § 503(b), Dec. 16, 2016, 130 Stat. 1568, provided that: ‘‘Section 717 of title 38, United States Code, as added by subsection (a)(1), shall apply with respect to any 365-day period beginning on or after the date of enactment of this Act [Dec. 16, 2016].’’ § 719. Reduction of benefits of employees con- victed of certain crimes (a) REDUCTION OF ANNUITY FOR REMOVED EM- PLOYEE.—(1) The Secretary shall order that the covered service of an employee of the Depart- ment 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 calcu- lating an annuity with respect to such indi- vidual under chapter 83 or chapter 84 of title 5, if— (A) the Secretary determines that the indi- vidual is convicted of a felony (and the convic- tion 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 pro- posed 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 indi- vidual; or (ii) in the case of a proposed order to which an individual does not respond, not later than 15 business days after the Sec- retary provides notice to the individual under subparagraph (B)(i). (2) Any individual with respect to whom an an- nuity is reduced under this subsection may ap- peal the reduction to the Director of the Office of Personnel Management pursuant to such reg- ulations as the Director may prescribe for pur- poses of this subsection. (b) REDUCTION OF ANNUITY FOR RETIRED EM- PLOYEE.—(1) The Secretary may order that the covered service of an individual who the Sec- retary 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 individual is convicted of a felony (and the conviction is final) that influenced the individual’s perform- ance 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 fol- lowing 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 indi- vidual; or (ii) in the case of a proposed order to which an individual does not respond, not later than 15 business days after the Sec- retary provides notice to the individual under subparagraph (B)(i). (2) Upon the issuance of an order by the Sec- retary under paragraph (1), the individual shall have an opportunity to appeal the order to the