110 HR 4229 IH: To amend title 38, United States Code, to establish in U.S. House of Representatives 2007-11-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 4229 IN THE HOUSE OF REPRESENTATIVES November 15, 2007 Mr. Hall of New York (for himself, Mr. Filner, Mr. Space, and Mr. Kagen) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to establish in the Department of Veterans Affairs a Bonus Review Board.

1.

Short title

This Act may be cited as the Department of Veterans Affairs Management Accountability Act of 2007.

2.

Department of Veterans Affairs Bonus Review Board

(a)

Establishment

Chapter 7 of title 38, United States Code, is amended by adding at the end the following new section:

713.

Bonus Review Board

(a)

Establishment

There is in the Department a Bonus Review Board, which shall review proposed ratings, bonuses, and pay adjustments for covered employees of the Department and make recommendations to the Secretary with respect to the award of such ratings, bonuses, and pay adjustments. (b)

Responsibilities

(1)The performance review board of the Department shall submit to the Bonus Review Board a proposal for any rating, bonus, or pay adjustment recommended by the performance review board for a covered employee at least 30 days before the Secretary may award the rating, bonus, or pay adjustment. (2)Not later than 14 days after receiving a proposal submitted under paragraph (1), the Bonus Review Board shall meet to review the proposal and submit to the Secretary the recommendation of the Bonus Review Board with respect to whether or not the proposed rating, bonus, or pay adjustment should be awarded. In making a recommendation with respect to a proposed rating, bonus, or pay adjustment, the Bonus Review Board shall take into consideration the performance of the Department during the fiscal year preceding the year in which the recommendation is made, especially the performance of the Department with respect to claims backlog and waiting times for appointments at Department medical facilities. (3)The Secretary may not award a rating, bonus, or pay adjustment to any covered employee until the Secretary has received a recommendation from the Bonus Review Board with respect to that rating, bonus, or pay adjustment. (c)

Membership

(1)The Bonus Review Board shall be composed of six members as follows: (A)Two members appointed by the chairman of the Committee on Veterans’ Affairs of the House of Representatives. (B)Two members appointed by the chairman of the Committee on Veterans’ Affairs of the Senate. (C)One member appointed by the ranking member of the Committee on Veterans’ Affairs of the House of Representatives. (D)One member appointed by the ranking member of the Committee on Veterans’ Affairs of the Senate. (2)Each member of the Bonus Review Board shall— (A)not be or have ever been an employee of the Department; (B)shall not be a relative of any employee of the Department; and (C)have business experience and demonstrated expertise in managing human and financial resources. (3)Each member of the Bonus Review Board shall be appointed for a term of three years. (4)A vacancy in the Bonus Review Board shall be filled in the manner in which the original appointment was made. (5)(A)Members of the Bonus Review Board shall serve without compensation. (B)Members of the Bonus Review Board shall be allowed reasonable and necessary travel expenses, including per diem in lieu of subsistence, at rates authorized for persons serving intermittently in the Government service in accordance with the provisions of subchapter I of chapter 57 of title 5 while away from their homes or regular places of business in the performance of the responsibilities of the advisory committee. (6)The Bonus Review Board shall meet at least once annually. (d)

Applicability of Federal Advisory Committee Act

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Bonus Review Board. (e)

Covered employee

For the purposes of this section, the term covered employee means an employee of the Department who— (1)is employed in a Senior Executive Service position; (2)is appointed by the President, by and with the consent of the Senate; or (3)holds a position which has been excepted from the competitive service (as defined by section 2102 of title 5) by reason of its confidential, policy-determining, policy-making, or policy-advocating character. (f)

Annual report

Not later than February 1 of each year, the Secretary shall submit to Congress a report on the bonuses awarded to covered employees during the preceding calendar year. Each such report shall contain for the year covered by the report— (1)the name of each person who served as a member of the Bonus Review Board; (2)the number of bonus proposals submitted to the Bonus Review Board; (3)the number of proposed bonuses that the Bonus Review Board recommended that the Secretary award to covered employees; (4)the number of bonuses the Secretary awarded to covered employees; and (5)the name of each covered employee who received a bonus and the amount of that bonus.

. (b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 713. Bonus Review Board. . (c)

Effective date

Section 713 of title 38, United States Code, as added by subsection (a), shall apply with respect to any rating, bonus, or pay adjustment awarded by the Secretary of Veterans Affairs after the date that is 60 days after the date of the enactment of this Act.