VA will amend its regulations to provide that the Secretary may immediately remove or demote any individual from the Senior Executive Service (SES), and title 38 SES equivalents, if the Secretary determines the performance of the individual warrants such removal.  The senior executive would be allowed an opportunity for an expedited review by the MSPB, be conducted by an Administrative Judge at the MSPB, and if the MSPB Administrative Judge does not conclude their review within 21 days then the removal or demotion is final.  (MSPB is conducting a rulemaking to establish and implement a process to conduct expedited reviews.)

VA regulations would also state that if the senior executive is removed, and then appeals VA’s decision, the senior executive is not entitled to any type of pay, bonus, or benefit while appealing the decision of removal.  Also, VA regulations would state that if a senior executive is demoted, and then appeals VA’s decision, the employee may only receive any type of pay, bonus, or benefit at the rate appropriate for the position they were demoted to, and only if the individual shows up for duty, while appealing the decision of demotion.

VA regulations would also include ‘‘misconduct’’ along with ‘‘poor performance’’ as a reason to remove or demote a senior executive.