[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 290 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 290

To amend title 38, United States Code, to improve the accountability of 
    employees of the Department of Veterans Affairs, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 28, 2015

    Mr. Moran (for himself, Ms. Ayotte, Mr. Rubio, and Mr. McCain) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to improve the accountability of 
    employees of the Department of Veterans Affairs, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Increasing the Department of 
Veterans Affairs Accountability to Veterans Act of 2015''.

SEC. 2. REDUCTION OF BENEFITS FOR MEMBERS OF THE SENIOR EXECUTIVE 
              SERVICE WITHIN THE DEPARTMENT OF VETERANS AFFAIRS 
              CONVICTED OF CERTAIN CRIMES.

    (a) In General.--Chapter 7 of title 38, United States Code, is 
amended by adding at the end the following new section:
``Sec. 715. Senior executives: reduction of benefits of individuals 
              convicted of certain crimes
    ``(a) Reduction of Annuity for Removed Employee.--The covered 
service of an individual removed from a senior executive position under 
section 713 of this title 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 the individual is convicted of a felony 
that influenced the individual's performance while employed in the 
senior executive position.
    ``(b) Reduction of Annuity for Retired Employee.--(1) The Secretary 
may order that the covered service of an individual who is subject to a 
removal or transfer action under section 713 of this title 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 the individual is 
convicted of a felony that influenced the individual's performance 
while employed in the senior executive position.
    ``(2) The Secretary shall make such an order not later than 7 days 
after the date on which such individual is convicted of such felony.
    ``(3) Not later than 30 days after the Secretary issues any order 
with respect to an individual under paragraph (1), the Director of the 
Office of Personnel Management shall recalculate the annuity of the 
individual.
    ``(c) Lump-Sum Annuity Credit.--Any individual with respect to whom 
an annuity is reduced under subsection (a) or (b) shall be entitled to 
be paid so much of such individual's lump-sum credit as is attributable 
to the period of covered service.
    ``(d) Definitions.--In this section:
            ``(1) The term `covered service' means, with respect to an 
        individual subject to a removal or transfer action under 
        section 713 of this title, the period of service beginning on 
        the date that the Secretary determines under such section that 
        such individual engaged in activity that gave rise to such 
        action and ending on the date that such individual is removed 
        from the civil service or leaves employment at the Department 
        prior to the issuance of a final decision with respect to such 
        action, as the case may be.
            ``(2) The term `lump-sum credit' has the meaning given such 
        term in section 8331(8) or section 8401(19) of title 5, as the 
        case may be.
            ``(3) The term `senior executive position' has the meaning 
        given such term in section 713(g)(3) of this title.
            ``(4) The term `service' has the meaning given such term in 
        section 8331(12) or section 8401(26) of title 5, as the case 
        may be.''.
    (b) Application.--Section 715 of such title, as added by subsection 
(a), shall apply to any action of removal or transfer under section 713 
of such title commencing on or after the date of the enactment of this 
Act.
    (c) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``715. Senior executives: reduction of benefits of individuals 
                            convicted of certain crimes.''.

SEC. 3. REFORM OF PERFORMANCE APPRAISAL SYSTEM FOR SENIOR EXECUTIVE 
              SERVICE EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS.

    (a) Performance Appraisal System.--
            (1) In general.--Chapter 7 of title 38, United States Code, 
        as amended by section 2, is further amended by adding at the 
        end the following new section:
``Sec. 717. Senior executives: performance appraisal
    ``(a) Performance Appraisal System.--(1) The performance appraisal 
system for individuals employed in senior executive positions in the 
Department required by section 4312 of title 5 shall provide, in 
addition to the requirements of such section, for five annual summary 
ratings of levels of performance as follows:
            ``(A) One outstanding level.
            ``(B) One exceeds fully successful level.
            ``(C) One fully successful level.
            ``(D) One minimally satisfactory level.
            ``(E) One unsatisfactory level.
    ``(2) The following limitations apply to the rating of the 
performance of such individuals:
            ``(A) For any year, not more than 10 percent of such 
        individuals who receive a performance rating during that year 
        may receive the outstanding level under paragraph (1)(A).
            ``(B) For any year, not more than 20 percent of such 
        individuals who receive a performance rating during that year 
        may receive the exceeds fully successful level under paragraph 
        (1)(B).
    ``(3) In evaluating the performance of an individual under the 
performance appraisal system, the Secretary shall take into 
consideration any complaint or report (including any pending or 
published report) submitted by the Inspector General of the Department, 
the Comptroller General of the United States, the Equal Employment 
Opportunity Commission, or any other appropriate person or entity, 
related to any facility or program managed by the individual.
    ``(b) Change of Position.--(1) Not less frequently than once every 
five years, the Secretary shall reassign each individual employed in a 
senior executive position to a position at a different location that 
does not include the supervision of the same personnel or programs.
    ``(2) The Secretary may waive the requirement under paragraph (1) 
for any such individual, if the Secretary submits to the Committee on 
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs 
of the House of Representatives notice of the waiver and an explanation 
of the reasons for the waiver.
    ``(c) Report.--(1) Not later than March 1 of each year, the 
Secretary shall submit to the Committee on Veterans' Affairs of the 
Senate and the Committee on Veterans' Affairs of the House of 
Representatives a report on the performance appraisal system of the 
Department under subsection (a).
    ``(2) Each report submitted under paragraph (1) shall include, for 
the year preceding the year during which the report is submitted, all 
documentation concerning each of the following for each individual 
employed in a senior executive position in the Department:
            ``(A) The initial performance appraisal.
            ``(B) The higher level review, if requested.
            ``(C) The recommendations of the performance review board.
            ``(D) The final summary review.
            ``(E) The review of the Inspector General of the Department 
        of the information described in subparagraphs (A) through (D).
    ``(d) Definition of Senior Executive Position.--In this section, 
the term `senior executive position' has the meaning given that term in 
section 713(g) of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is further amended by adding at the 
        end the following new item:

``717. Senior executives: performance appraisal.''.
            (3) Conforming amendment.--Section 4312(b) of title 5, 
        United States Code, is amended--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(4) that, in the case of the Department of 
                Veterans Affairs, the performance appraisal system 
                meets the requirements of section 716 of title 38.''.
    (b) Review of SES Management Training.--
            (1) Review.--
                    (A) In general.--Not later than 180 days after the 
                date of the enactment of this Act, the Secretary of 
                Veterans Affairs shall enter into a contract with a 
                nongovernmental entity to review the management 
                training program for individuals employed in senior 
                executive positions (as such term is defined in section 
                713(g) of title 38, United States Code) of the 
                Department of Veterans Affairs that is being provided 
                as of the date of the enactment of this Act.
                    (B) Comparison.--The review required by 
                subparagraph (A) shall include a comparison of the 
                training provided by the Department of Veterans Affairs 
                to the management training provided for senior 
                executives of other Federal departments and agencies 
                and to the management training provided to senior 
                executives in the private sector.
                    (C) Report to secretary.--The contract required by 
                subparagraph (A) shall provide that the nongovernmental 
                entity must complete and submit to the Secretary a 
                report containing the findings and conclusions of the 
                review by not later than 180 days after the date on 
                which the Secretary and the nongovernmental entity 
                enter into the contract.
            (2) Report to congress.--Not later than 60 days after the 
        date on which the Secretary receives the report under paragraph 
        (1)(C), the Secretary shall submit to the Committee on 
        Veterans' Affairs of the Senate and the Committee on Veterans' 
        Affairs of the House of Representatives the report together 
        with a plan for carrying out the recommendations contained in 
        the report.

SEC. 4. LIMITATION ON ADMINISTRATIVE LEAVE FOR MEMBERS OF THE SENIOR 
              EXECUTIVE SERVICE WITHIN THE DEPARTMENT OF VETERANS 
              AFFAIRS.

    (a) In General.--Chapter 7 of title 38, United States Code, as 
amended by section 3, is further amended by adding after section 717 
the following new section:
``Sec. 719. Administrative leave limitation and report
    ``(a) Limitation Applicable to Members of Senior Executive Service 
Within Department of Veterans Affairs.--(1) The Secretary may not place 
any covered individual on administrative leave, or any other type of 
paid non-duty status, for more than a total of 14 days during any 365-
day period.
    ``(2)(A) The Secretary may waive the limitation under paragraph (1) 
and extend the administrative leave or other paid non-duty status of a 
covered individual placed on such leave or status under paragraph (1) 
if the Secretary submits to the Committee on Veterans' Affairs of the 
Senate and the Committee on Veterans' Affairs of the House of 
Representatives a detailed explanation of the reasons the individual 
was placed on administrative leave or other paid non-duty status and 
the reasons for the extension of such leave or status.
    ``(B) Any detailed explanation submitted under subparagraph (A) 
shall include the name of the covered individual, the location where 
the individual is employed, and the individual's job title.
    ``(3) In this subsection, the term `covered individual' means an 
individual (as defined in section 713(g) of this title) occupying a 
senior executive position (as defined in such section)--
            ``(A) who is subject to an investigation for purposes of 
        determining whether such individual should be subject to any 
        disciplinary action under this title or title 5; or
            ``(B) against whom any disciplinary action is proposed or 
        initiated under this title or title 5.
    ``(b) Report on Administrative Leave.--(1) Not later than 30 days 
after the end of each quarter of any calendar year, the Secretary shall 
submit to the Committee on Veterans' Affairs of the Senate and the 
Committee on Veterans' Affairs of the House of Representatives a report 
listing the name of any employee of the Department (if any) who has 
been placed on administrative leave, or any other type of paid non-duty 
status, for a period longer than seven days during such quarter.
    ``(2) Any report submitted under paragraph (1) shall include, with 
respect to any employee listed in such report, the position occupied by 
the employee, the number of days of such leave, and the reason that 
such employee was placed on such leave.''.
    (b) Application.--
            (1) Administrative leave limitation.--Section 719(a) of 
        title 38, United States Code, as added by subsection (a), shall 
        apply to any action of removal or transfer under section 713 of 
        such title or title 5, United States Code, commencing on or 
        after the date of the enactment of this Act.
            (2) Report.--The report under section 719(b) of such title, 
        as added by subsection (a), shall begin to apply in the first 
        quarter that ends after the date that is 180 days after the 
        date of the enactment of this Act.
    (c) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``719. Administrative leave limitation and report.''.
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