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

<DOC>





                                                       Calendar No. 725
114th CONGRESS
  2d 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, Mr. McCain, Mrs. Ernst, 
 Mr. Blumenthal, Mr. Kirk, Mr. Bennet, and Mr. Daines) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Veterans' Affairs

                            December 9, 2016

               Reported by Mr. Isakson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

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

<DELETED>    (a) In General.--Chapter 7 of title 38, United States 
Code, is amended by adding at the end the following new 
section:</DELETED>
<DELETED>``Sec. 715. Senior executives: reduction of benefits of 
              individuals convicted of certain crimes</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Definitions.--In this section:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) The term `senior executive position' has the 
        meaning given such term in section 713(g)(3) of this 
        title.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by adding at the end the following 
new item:</DELETED>

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

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

<DELETED>    (a) Performance Appraisal System.--</DELETED>
        <DELETED>    (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:</DELETED>
<DELETED>``Sec. 717. Senior executives: performance appraisal</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(A) One outstanding level.</DELETED>
        <DELETED>    ``(B) One exceeds fully successful 
        level.</DELETED>
        <DELETED>    ``(C) One fully successful level.</DELETED>
        <DELETED>    ``(D) One minimally satisfactory level.</DELETED>
        <DELETED>    ``(E) One unsatisfactory level.</DELETED>
<DELETED>    ``(2) The following limitations apply to the rating of the 
performance of such individuals:</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(A) The initial performance appraisal.</DELETED>
        <DELETED>    ``(B) The higher level review, if 
        requested.</DELETED>
        <DELETED>    ``(C) The recommendations of the performance 
        review board.</DELETED>
        <DELETED>    ``(D) The final summary review.</DELETED>
        <DELETED>    ``(E) The review of the Inspector General of the 
        Department of the information described in subparagraphs (A) 
        through (D).</DELETED>
<DELETED>    ``(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.''.</DELETED>
        <DELETED>    (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:</DELETED>

<DELETED>``717. Senior executives: performance appraisal.''.
        <DELETED>    (3) Conforming amendment.--Section 4312(b) of 
        title 5, United States Code, is amended--</DELETED>
                <DELETED>    (A) in paragraph (2), by striking ``and'' 
                at the end;</DELETED>
                <DELETED>    (B) in paragraph (3), by striking the 
                period at the end and inserting ``; and''; 
                and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
                <DELETED>    ``(4) that, in the case of the Department 
                of Veterans Affairs, the performance appraisal system 
                meets the requirements of section 716 of title 
                38.''.</DELETED>
<DELETED>    (b) Review of SES Management Training.--</DELETED>
        <DELETED>    (1) Review.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

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

<DELETED>    (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:</DELETED>
<DELETED>``Sec. 719. Administrative leave limitation and 
              report</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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)--
</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(B) against whom any disciplinary action is 
        proposed or initiated under this title or title 5.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Application.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by adding at the end the following 
new item:</DELETED>

<DELETED>``719. Administrative leave limitation and report.''.

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 Member.--The covered service 
of an individual removed from a senior executive position at the 
Department by the Secretary for performance or misconduct 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 (and the conviction is final) that 
was related, as determined by the Director of the Office of Personnel 
Management, to the individual's performance while employed in such 
senior executive position.
    ``(b) Reduction of Annuity for Retired Member.--(1) The Secretary 
may order that the covered service of an individual who is subject to a 
removal or transfer from a senior executive position at the Department 
by the Secretary for performance or misconduct but who leaves 
employment at the Department prior to the issuance of a final decision 
with respect to such removal or transfer 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 (and the conviction is final) that was 
related, as determined by the Director of the Office of Personnel 
Management, to the individual's performance while employed in such 
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) Review of Reduction of Annuity.--Any individual whose annuity 
is reduced under subsection (a) or (b) may appeal the reduction to the 
Director of the Office of Personnel Management.
    ``(e) Definitions.--In this section:
            ``(1) The term `covered service' means, with respect to an 
        individual subject to a removal or transfer from a senior 
        executive position at the Department for performance or 
        misconduct, 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 or 8401 of title 5, as the case may be.
            ``(3) The term `senior executive position' has the meaning 
        given such term in section 713(g) of this title.
            ``(4) The term `service' has the meaning given such term in 
        section 8331 or 8401 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 from a senior 
executive position (as defined in section 713(g) of such title) at the 
Department of Veterans Affairs 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. INDEPENDENT REVIEW AND ASSESSMENT OF MANAGEMENT TRAINING AND 
              APPRAISAL AT DEPARTMENT OF VETERANS AFFAIRS.

    (a) Review and Assessment.--
            (1) 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 and assess the following:
                    (A) The management training program for individuals 
                employed in senior executive positions of the 
                Department of Veterans Affairs that is being provided 
                as of the date of the enactment of this Act.
                    (B) The performance appraisal system of the 
                Department in effect on the day before the date of the 
                enactment of this Act for individuals employed in 
                senior executive positions.
            (2) Elements.--The review and assessment required by 
        paragraph (1) shall include the following:
                    (A) A comparison of the training provided by the 
                Department 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.
                    (B) Recommendations for improving the program 
                described in paragraph (1)(A).
                    (C) Recommendations for improving the system 
                described in paragraph (1)(B).
                    (D) An assessment of the ability of the Department 
                to attract and develop employees suitable for senior 
                executive service positions of the Department.
                    (E) An assessment of the leadership and management 
                actions of the Department resulting from Department of 
                Veterans Affairs Performance and Accountability Reports 
                submitted in the two most recent fiscal years ending 
                before the date of the enactment of this Act.
                    (F) A review of the strategy of the Secretary 
                called ``Lean Management''.
                    (G) An assessment of the compliance of the 
                Department with provisions of law added or amended by 
                the GPRA Modernization Act of 2010 (Public Law 111-352) 
                and an explanation of the changes made to the 
                Department and the activities carried out by the 
                Secretary in response to the enactment of such Act.
                    (H) An assessment of the results of the most recent 
                Annual Employee Survey carried out pursuant to part 250 
                of title 5, Code of Federal Regulations.
                    (I) An assessment of the efforts of the Secretary 
                to conduct data-driven reviews and develop a results-
                oriented culture pursuant to part 6 of Circular A-11 of 
                the Office of Management and Budget.
                    (J) An assessment of the Department of Veterans 
                Affairs Federal Performance Improvement Officer role 
                and oversight function.
                    (K) A survey of the morale of employees and their 
                satisfaction with their work and work environment in 
                each Department of Veterans Affairs staff organization, 
                staff office, and administration as described by 
                Directive 0211 of the Department and provided for in 
                version 3.0a of the Functional Organization Manual of 
                the Department.
            (3) Report to secretary.--The contract required by 
        paragraph (1) 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.
    (b) Report to Congress.--Not later than 60 days after the date on 
which the Secretary receives the report under subsection (a)(3), 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.
    (c) Senior Executive Position Defined.--In this section, the 
term``senior executive position'' has the meaning given that term in 
section 713(g) of title 38, United States Code.

SEC. 4. LIMITATION ON ADMINISTRATIVE LEAVE FOR EMPLOYEES OF DEPARTMENT 
              OF VETERANS AFFAIRS.

    (a) In General.--Chapter 7 of title 38, United States Code, is 
further amended by adding at the end the following new section:
``Sec. 717. Administrative leave limitation and report
    ``(a) Limitation Applicable to Employees Within the Department.--
(1) The Secretary may not place any covered individual on 
administrative leave for more than a total of 14 business days during 
any 365-day period.
    ``(2)(A) The Secretary may waive the limitation under paragraph (1) 
and extend the period of administrative leave of a covered 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 a detailed explanation of the reasons the covered 
individual was placed on administrative leave and the reasons for the 
extension of such leave.
    ``(B) Such explanation shall include the position of the covered 
individual and the location where the covered individual is employed.
    ``(3) In this subsection, the term `covered individual' means an 
employee of the Department, including an employee in a senior executive 
position (as defined in section 713(g) of this title)--
            ``(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 fiscal 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 
position of each employee of the Department (if any) who has been 
placed on administrative leave for a period longer than 14 business 
days during such fiscal year.
    ``(2) Each report submitted under paragraph (1) shall include, with 
respect to each employee listed in such report, the following:
            ``(A) The position occupied by the employee.
            ``(B) The number of business days of such leave.
            ``(C) The reason that such employee was placed on such 
        leave.
    ``(3) In submitting each report under paragraph (1), the Secretary 
shall take such measures to protect the privacy of the employees listed 
in the report as the Secretary considers appropriate.
    ``(c) Administrative Leave Defined.--In this section, the term 
`administrative leave'--
            ``(1) means an administratively authorized absence from 
        duty without loss of pay or charge to leave for which the 
        employee is placed due to an investigation on or for whom any 
        disciplinary action is proposed or initiated; and
            ``(2) includes any type of paid non-duty status without a 
        charge to leave.''.
    (b) Application.--
            (1) Administrative leave limitation.--Subsection (a) of 
        section 717 of title 38, United States Code (as added by 
        subsection (a)), shall apply to any period of administrative 
        leave (as defined in such section) commencing on or after the 
        date of the enactment of this Act.
            (2) Report.--The report under section 717(b) of such title 
        (as added by subsection (a)) shall apply beginning 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 
chapter 7 of such title is further amended by adding at the end the 
following new item:

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

SEC. 5. ACCOUNTABILITY OF LEADERS FOR MANAGING THE DEPARTMENT OF 
              VETERANS AFFAIRS.

    (a) In General.--Chapter 7 of title 38, United States Code, is 
amended by inserting after section 709 the following new section:
``Sec. 710. Annual performance plan for political appointees
    ``(a) In General.--The Secretary shall conduct an annual 
performance plan for each political appointee of the Department that is 
similar to the annual performance plan conducted for an employee of the 
Department who is appointed as a career appointee (as that term is 
defined in section 3132(a)(4) of title 5) within the Senior Executive 
Service at the Department.
    ``(b) Elements of Plan.--Each annual performance plan conducted 
under subsection (a) with respect to a political appointee of the 
Department shall include, to the extent applicable, an assessment of 
whether the appointee is meeting the following goals:
            ``(1) Recruiting, selecting, and retaining well-qualified 
        individuals for employment at the Department.
            ``(2) Engaging and motivating employees.
            ``(3) Training and developing employees and preparing those 
        employees for future leadership roles within the Department.
            ``(4) Holding each employee of the Department that is a 
        manager accountable for addressing issues relating to 
        performance, in particular issues relating to the performance 
        of employees that report to the manager.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 7 of such title is further amended by inserting after the item 
relating to section 709 the following new item:

``710. Annual performance plan for political appointees.''.

SEC. 6. ACCOUNTABILITY OF MANAGERS FOR HIRING WELL-QUALIFIED PEOPLE.

    (a) Assessment During Probationary Period.--
            (1) Determination require.--With respect to any employee of 
        the Department of Veterans Affairs who is required to serve a 
        probationary period in a position in the Department, the 
        Secretary of Veterans Affairs shall require the manager of such 
        employee to determine, during the 30-day period ending on the 
        date on which the probationary period ends, whether the 
        employee--
                    (A) has demonstrated successful performance; and
                    (B) should continue past the probationary period.
            (2) Limitation on employment after probationary period.--No 
        employee of the Department serving a probationary period as 
        described in paragraph (1) may continue in that position after 
        the end of the probationary period unless and until the manager 
        of the employee has made an affirmative determination under 
        such paragraph.
    (b) Supervisors.--With respect to any employee of the Department 
who is serving a probationary period at a supervisory position in the 
Department, successful performance under subsection (a) shall include 
demonstrating management competencies in addition to the technical 
skills required for such position.
    (c) Performance Plan.--Each annual performance plan conducted for a 
manager of an employee serving a probationary period shall hold the 
manager accountable for--
            (1) providing regular feedback to such employee during such 
        period before making a determination under subsection (a) 
        regarding the probationary status of such employee; and
            (2) making a timely determination under subsection (a) 
        regarding the probationary status of such employee.

SEC. 7. ACCOUNTABILITY OF MANAGERS FOR ADDRESSING PERFORMANCE OF 
              EMPLOYEES.

    The Secretary of Veterans Affairs shall ensure that, as a part of 
the annual performance plan of an employee of the Department of 
Veterans Affairs who is a manager, the manager is evaluated on the 
following:
            (1) Taking action to address poor performance and 
        misconduct among the employees that report to the manager.
            (2) Taking steps to improve or sustain high levels of 
        employee engagement.

SEC. 8. EXPANSION OF DEFINITION OF PERSONNEL ACTION TO INCLUDE 
              PERFORMANCE EVALUATIONS OF EMPLOYEES OF THE DEPARTMENT OF 
              VETERANS AFFAIRS.

    Section 2302(a)(2)(A)(viii) of title 5, United States Code, is 
amended by inserting ``or under title 38'' after ``chapter 43 of this 
title''.

SEC. 9. WRITTEN OPINION ON CERTAIN EMPLOYMENT RESTRICTIONS AFTER 
              TERMINATING EMPLOYMENT WITH THE DEPARTMENT OF VETERANS 
              AFFAIRS.

    (a) In General.--Chapter 7 of title 38, United States Code, is 
further amended by adding at the end the following new section:
``Sec. 719. Written opinion on certain employment restrictions after 
              terminating employment with the Department
    ``(a)  In General.--Before terminating employment with the 
Department, any official of the Department who has participated 
personally and substantially during the one-year period ending on the 
date of the termination in an acquisition by the Department that 
exceeds $10,000,000 shall obtain a written opinion from an appropriate 
ethics counselor at the Department regarding any restrictions on 
activities that the official may undertake on behalf of a covered 
contractor during the two-year period beginning on the date on which 
the official terminates such employment.
    ``(b) Covered Contractor Defined.--In this section, the term 
`covered contractor' means a contractor carrying out a contract entered 
into with the Department, including pursuant to a subcontract.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 7 of such title is further amended by inserting after the item 
relating to section 717 the following new item:

``719. Written opinion on certain employment restrictions after leaving 
                            the Department.''.

SEC. 10. REQUIREMENT FOR CONTRACTORS OF THE DEPARTMENT EMPLOYING 
              CERTAIN RECENTLY SEPARATED DEPARTMENT EMPLOYEES.

    (a) In General.--Subchapter II of chapter 81 of title 38, United 
States Code, is amended by adding at the end the following new section:
``Sec. 8129. Requirement for contractors employing certain recently 
              separated Department employees
    ``(a) In General.--A covered contractor may not knowingly provide 
compensation to an individual described in subsection (b) during the 
two-year period beginning on the date on which the individual 
terminates employment with the Department unless the covered contractor 
determines that the individual--
            ``(1) has obtained the written opinion required under 
        section 719(a) of this title; or
            ``(2) has requested such written opinion not later than 30 
        days before receiving compensation from the covered contractor.
    ``(b) Individual Described.--An individual described in this 
subsection is any official of the Department who participated 
personally and substantially during the one-year period ending on the 
date of the termination individual's employment with the Department in 
an acquisition by the Department that exceeds $10,000,000.
    ``(c) Covered Contractor Defined.--In this section, the term 
`covered contractor' means a contractor carrying out a contract entered 
into with the Department, including pursuant to a subcontract.''.
    (b) Application.--The requirement under section 8129(a) of title 
38, United States Code, as added by subsection (a), shall apply with 
respect to any entity that enters into a contract with the Department 
on or after the date of the enactment of this Act.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 81 of such title is amended by inserting after the item 
relating to section 8128 the following new item:

``8129. Requirement for contractors employing certain recently 
                            separated Department employees.''.

SEC. 11. RESTORATION OF PRIOR REPORTING FEE MULTIPLIERS.

    During the one-year period beginning on September 26, 2016, the 
second sentence of subsection (c) of section 3684 of title 38, United 
States Code, shall be applied--
            (1) by substituting ``$10'' for ``$12''; and
            (2) by substituting ``$13'' for ``$15''.
                                                       Calendar No. 725

114th CONGRESS

  2d Session

                                 S. 290

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            December 9, 2016

                       Reported with an amendment