[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1367 Reported in House (RH)]

<DOC>





                                                  Union Calendar No. 17
115th CONGRESS
  1st Session
                                H. R. 1367

                      [Report No. 115-35, Part I]

 To improve the authority of the Secretary of Veterans Affairs to hire 
and retain physicians and other employees of the Department of Veterans 
                    Affairs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 6, 2017

 Mr. Wenstrup introduced the following bill; which was referred to the 
  Committee on Veterans' Affairs, and in addition to the Committee on 
   Oversight and Government Reform, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

                             March 10, 2017

Additional sponsors: Miss Gonzalez-Colon of Puerto Rico, Mr. Dunn, Mr. 
                        Sessions, and Ms. Sinema

                             March 10, 2017

            Reported from the Committee on Veterans' Affairs

                             March 10, 2017

The Committee on Oversight and Government Reform discharged; committed 
   to the Committee of the Whole House on the State of the Union and 
                         ordered to be printed

_______________________________________________________________________

                                 A BILL


 
 To improve the authority of the Secretary of Veterans Affairs to hire 
and retain physicians and other 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. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Table of contents.
Sec. 2. Modification to annual determination of staffing shortages in 
                            Veterans Health Administration.
Sec. 3. Executive management fellowship program.
Sec. 4. Accountability of leaders for managing the Department of 
                            Veterans Affairs.
Sec. 5. Modification to veterans preference.
Sec. 6. Reemployment of former employees.
Sec. 7. Recruiting database.
Sec. 8. Human resources academy.
Sec. 9. Promotional opportunities for technical experts.
Sec. 10. Comptroller General study on succession planning.
Sec. 11. Information on hiring effectiveness.
Sec. 12. Employment of students and recent graduates.
Sec. 13. Exit surveys.

SEC. 2. MODIFICATION TO ANNUAL DETERMINATION OF STAFFING SHORTAGES IN 
              VETERANS HEALTH ADMINISTRATION.

    Section 7412(a) of title 38, United States Code, is amended--
            (1) by striking ``the five occupations'' and inserting 
        ``the five clinical occupations and the five nonclinical 
        occupations''; and
            (2) by striking ``throughout the Department'' and inserting 
        ``with respect to each medical center of the Department,''.

SEC. 3. EXECUTIVE MANAGEMENT FELLOWSHIP PROGRAM.

    (a) Fellowship Program.--Chapter 7 of title 38, United States Code, 
is amended by adding at the end the following new subchapter:

       ``SUBCHAPTER III--EXECUTIVE MANAGEMENT FELLOWSHIP PROGRAM

``Sec. 741. Executive Management Fellowship Program
    ``(a) Fellowship Program.--There is in the Department an Executive 
Management Fellowship Program. The purpose of the program shall be to 
provide--
            ``(1) eligible employees of the Veterans Benefits 
        Administration and the Veterans Health Administration with 
        training and experience in the private sector; and
            ``(2) eligible employees of a private-sector entity with 
        training and experience in the Department of Veterans Affairs.
    ``(b) Fellowship.--(1) A fellowship provided under this section is 
a one-year fellowship during which--
            ``(A) with respect to a Department participant, the 
        participant receives training and experience at a private-
        sector entity that is engaged in the administration and 
        delivery of health care or other services similar to the 
        benefits administered by the Secretary; and
            ``(B) with respect to a private-sector participant, the 
        participant receives training and experience at the Veterans 
        Benefits Administration or the Veterans Health Administration.
    ``(2) The Secretary shall enter into such agreements with private-
sector entities as are necessary to carry out this section.
    ``(c) Selection of Recipients.--(1) In August of each year, the 
Secretary shall select--
            ``(A) not fewer than 18 and not more than 30 eligible 
        employees of the Veterans Benefits Administration and the 
        Veterans Health Administration to receive a fellowship under 
        this section; and
            ``(B) not fewer than 18 and not more than 30 eligible 
        employees of private-sector entities to receive a fellowship 
        under this section.
    ``(2) To the extent practicable, the Secretary shall select 
eligible employees under subparagraphs (A) and (B) of paragraph (1) 
from among eligible employees who are veterans in a manner that is 
reflective of the demographics of the veteran population of the United 
States.
    ``(d) Eligible Employees.--For the purposes of this section, an 
eligible employee is--
            ``(1) with respect to an employee of the Veterans Benefits 
        Administration or the Veterans Health Administration, an 
        employee who--
                    ``(A) is compensated at a rate of basic pay not 
                less than the minimum rate of basic pay payable for 
                grade GS-14 of the General Schedule and not more than 
                either the minimum rate of basic pay payable to a 
                member of the Senior Executive Service under section 
                5382 of title 5, United States Code, or the minimum 
                rate of basic pay payable pursuant to chapter 74 of 
                this title, as the case may be;
                    ``(B) enters into an agreement with the Secretary 
                under subsection (e); and
                    ``(C) submits to the Secretary an application 
                containing such information and assurances as the 
                Secretary may require; and
            ``(2) with respect to an employee of a private-sector 
        entity, an employee who--
                    ``(A) is employed in a position whose duties and 
                responsibilities are commensurate with an employee of 
                the Department described in paragraph (1);
                    ``(B) enters into an agreement with the Secretary 
                under subsection (e); and
                    ``(C) submits to the Secretary an application 
                containing such information and assurances as the 
                Secretary may require.
    ``(e) Agreements.--(1) An agreement between the Secretary and a 
Department participant shall be in writing, shall be signed by the 
participant, and shall include the following provisions:
            ``(A) The Secretary's agreement to provide the participant 
        with a fellowship under this section;
            ``(B) The participant's agreement--
                    ``(i) to accept the fellowship;
                    ``(ii) after completion of the fellowship, to serve 
                as a full-time employee in the Veterans Benefits 
                Administration or the Veterans Health Administration 
                for at least two years as specified in the agreement; 
                and
                    ``(iii) that, during the two-year period beginning 
                on the last day of the fellowship, the participant will 
                not accept employment in the same industry as the 
                industry of the private-sector entity at which the 
                participant accepts the fellowship.
            ``(C) A provision that any financial obligation of the 
        United States arising out of an agreement entered into under 
        this subchapter, and any obligation of the participant which is 
        conditioned on such agreement, is contingent upon funds being 
        appropriated.
            ``(D) A statement of the damages to which the United States 
        is entitled under this subchapter for the participant's breach 
        of the agreement.
            ``(E) Such other terms as the Secretary determines are 
        required to be included in the agreement.
    ``(2) An agreement between the Secretary and a private-sector 
participant shall be in writing, shall be signed by the participant, 
and shall include the following provisions:
            ``(A) The Secretary's agreement to provide the participant 
        with a fellowship under this section.
            ``(B) The participant's agreement to accept the fellowship.
            ``(C) Such other terms as the Secretary determines are 
        required to be included in the agreement.
    ``(f) Treatment of Recipients.--(1) A Department participant shall 
be considered an employee of the Department for all purposes, including 
for purposes of receiving a salary and benefits, and shall remain 
eligible for all promotion and incentive programs otherwise available 
to such an employee.
    ``(2) A private-sector participant shall be considered an employee 
of the private-sector entity that employs the participant for all 
purposes, including for purposes of receiving a salary and benefits, 
and during the fellowship shall be treated as a contractor of the 
Department.
    ``(g) Reports.--Not later than 60 days after completing a 
fellowship under this section, a recipient of the fellowship shall 
submit to the Secretary a report on the fellowship. Each such report 
shall describe the duties of the recipient during the fellowship and 
any recommendations of the recipient for the application by the 
Secretary of industry processes, technologies, and best practices. Not 
later than seven days after receiving each such report, the Secretary 
shall submit to the Committees on Veterans' Affairs of the Senate and 
House of Representatives such report without change.
    ``(h) Definitions.--In this section:
            ``(1) The term `Department participant' means an employee 
        of the Veterans Benefits Administration or the Veterans Health 
        Administration who is participating in the fellowship under 
        this section.
            ``(2) The term `private-sector entity' includes an entity 
        operating under a public-private partnership.
            ``(3) The term `private-sector participant' means an 
        employee of a private-sector entity who is participating in the 
        fellowship under this section.''.
    (b) Deadline for Implementation.--Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Veterans Affairs 
shall implement the Executive Management Fellowship Program required 
under section 741 of title 38, United States Code, as added by 
subsection (a).
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 7 of title 38, United States Code, is amended by adding at the 
end the following new items:

       ``subchapter iii--executive management fellowship program

``741. Executive Management Fellowship Program.''.

SEC. 4. 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 717 the following new section:
``Sec. 719. 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 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.
    ``(c) Definition of Political Appointee.--In this section, the term 
`political appointee' means an employee of the Department who holds--
            ``(1) a position which has been excepted from the 
        competitive service by reason of its confidential, policy-
        determining, policy-making, or policy-advocating character; or
            ``(2) a position in the Senior Executive Service as a 
        noncareer appointee (as such term is defined in section 3132(a) 
        of title 5).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 7 of such title is amended by inserting after the item relating 
to section 717 the following new item:

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

SEC. 5. MODIFICATION TO VETERANS PREFERENCE.

    (a) Active Duty Requirement.--Section 2108(1)(B) and (D) of title 
5, United States Code, are amended by striking ``consecutive'' in each 
instance it appears and inserting ``cumulative''.
    (b) Expansion of Eligibility of Retired Veterans.--Section 2108(4) 
of title 5, United States Code, is amended to read as follows:
            ``(4) `preference eligible' includes a retired member of 
        the armed forces; and''.

SEC. 6. REEMPLOYMENT OF FORMER EMPLOYEES.

    (a) In General.--The Secretary of Veterans Affairs may 
noncompetitively appoint a qualified former employee to any position 
within the competitive service or any excepted service position under 
chapter 74 of title 38, United States Code, at the Department of 
Veterans Affairs that is one grade higher than the grade of the 
position at the Department most recently occupied by the employee.
    (b) Limitation.--The Secretary may not appoint a qualified former 
employee to a position that is more than one grade (or equivalent) 
higher than the position at the Department most recently occupied by 
the employee.
    (c) Definition of Qualified Former Employee.--For purposes of this 
section, the term ``qualified former employee'' means any individual 
who--
            (1) formerly occupied any position at the Department of 
        Veterans Affairs within two years before applying for 
        reemployment at the Department;
            (2) voluntarily left such position, or was subject to a 
        reduction in force, and had a satisfactory performance record 
        while occupying such position; and
            (3) since leaving such position has maintained licensing 
        requirements, related to the position, if any, and gained 
        skill, knowledge, or other factors related to the position.

SEC. 7. RECRUITING DATABASE.

    (a) Establishment.--The Secretary of Veterans Affairs shall 
establish a single database that lists each vacant position in the 
Department of Veterans Affairs that the Secretary determines is 
critical to the mission of the Department, difficult to fill, or both.
    (b) Qualified Applicant.--If the Secretary determines that an 
applicant for a vacant position listed in the database established 
under subsection (a) is qualified for such position but does not select 
the applicant for such position, the Secretary, at the election of the 
applicant, shall consider the applicant for other similar vacant 
positions listed in the database for which the applicant is qualified.
    (c) Prolonged Vacancies.--If the Secretary does not fill a vacant 
position listed in the database established under subsection (a) after 
a period determined appropriate by the Secretary, the Secretary--
            (1) shall ensure that applicants described in subsection 
        (b) are considered for such position; and
            (2) shall use the database established under subsection (a) 
        to assist in filling such position.
    (d) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to Congress a report 
on the use and efficacy of the database established under subsection 
(a).

SEC. 8. HUMAN RESOURCES ACADEMY.

    (a) In General.--The Secretary of Veterans Affairs shall provide to 
human resources professionals of the Veterans Health Administration of 
the Department of Veterans Affairs training on how to best recruit and 
retain employees of the Veterans Health Administration, including with 
respect to any recruitment and retention matters that are unique to the 
Veterans Health Administration pursuant to chapter 74 of title 38, 
United States Code, or other provisions of law. The Secretary shall 
provide such training in a manner that the Secretary determines 
appropriate in light of budget, travel, and other constraints.
    (b) Amount of Training.--The Secretary shall ensure that each human 
resources professional of the Veterans Health Administration receives 
the training described in subsection (a)--
            (1) as soon as practicable after being hired by the 
        Secretary as a human resource professional; and
            (2) annually thereafter.
    (c) Certification.--The Secretary shall require that each human 
resources professional of the Veterans Health Administration, upon the 
completion of the training described in subsection (a), certifies that 
the professional received the training and understands the information 
provided by the training.
    (d) Annual Report.--The Secretary shall submit to the Committees on 
Veterans' Affairs of the House of Representatives and the Senate an 
annual report on the training described in subsection (a), including 
the cost of providing such training and the number of human resources 
professionals who received such training during the year covered by the 
report.

SEC. 9. PROMOTIONAL OPPORTUNITIES FOR TECHNICAL EXPERTS.

    Not later than one year after the date of the enactment of this 
Act, the Secretary of Veterans Affairs shall establish a promotional 
track system for employees of the Department of Veterans Affairs that 
the Secretary determines are technical experts pursuant to regulations 
prescribed by the Secretary for purposes of carrying out this section. 
Such system shall--
            (1) provide any such employee the opportunity to advance 
        within the Department without being required to transition to a 
        management position; and
            (2) for purposes of achieving career advancement--
                    (A) provide for the establishment of new positions 
                within the Department; and
                    (B) notwithstanding any other provision of law, 
                provide for increases in pay for any such employee.

SEC. 10. COMPTROLLER GENERAL STUDY ON SUCCESSION PLANNING.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study on each of the following:
            (1) The succession planning at each medical facility of the 
        Department of Veterans Affairs.
            (2) The succession planning at the Veterans Benefits 
        Administration and the National Cemetery Administration of the 
        Department.
    (b) Elements.--The study under subsection (a) shall include, for 
each entity studied under the study, the following:
            (1) A determination of the mission-critical positions 
        within the entity and the vacancy risk of such positions.
            (2) An analysis of the future needs for mission-critical 
        positions and gaps within the existing talent pool of the 
        entity.
            (3) A description of strategies to close skill gaps through 
        the use of training for existing staff, targeted recruitment, 
        and hiring.
            (4) A plan to regularly evaluate progress of staff and 
        update existing succession plans using clear and measurable 
        metrics and benchmarks.
            (5) A demonstration of the capacity of the entity to 
        execute succession plans with successful succession management 
        strategies.
            (6) Any other matters the Comptroller General determines 
        appropriate.
    (c) Report.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
Committees on Veterans' Affairs of the House of Representatives and the 
Senate a report containing each study conducted under subsection (a).

SEC. 11. INFORMATION ON HIRING EFFECTIVENESS.

    (a) In General.--The Secretary of Veterans Affairs shall measure 
and collect information on indicators of hiring effectiveness as 
follows:
            (1) With respect to recruiting and hiring--
                    (A) the ability to reach and recruit well-qualified 
                talent from diverse talent pools, including sources of 
                candidates for mission-critical occupations;
                    (B) the use and impact of special hiring 
                authorities and flexibilities to recruit most qualified 
                applicants, including the use of student internships as 
                a talent pool for permanent hires;
                    (C) the use and impact of special hiring 
                authorities and flexibilities to recruit diverse 
                candidates, including veteran, minority and disabled 
                candidates;
                    (D) the use and impact of special hiring 
                authorities and flexibilities to recruit candidates for 
                mission-critical occupations and occupations with 
                shortages;
                    (E) the age, educational level, and source of 
                applicants;
                    (F) the length of time between the date on which a 
                position is advertised and the date on which a first 
                offer of employment is made;
                    (G) the length of time between the date on which a 
                first offer of employment for a position is made and 
                the date on which a new hire starts in that position;
                    (H) the number of internal and external applicants 
                for positions; and
                    (I) the number of offers accepted compared to the 
                number of offers made for permanent positions.
            (2) With respect to the hiring authority--
                    (A) the satisfaction of the hiring authority with--
                            (i) the quality of new hires;
                            (ii) the match between the skills of newly 
                        hired individuals and the needs of the 
                        Department;
                            (iii) the hiring process and hiring 
                        outcomes after the first year of the employment 
                        of a new hire; and
                            (iv) the length of time that elapses to 
                        fill a position and for a new hire to begin 
                        working in a new position; and
                    (B) mission-critical deficiencies filled by new 
                hires and the connection between mission-critical 
                deficiencies and annual agency performance.
            (3) Satisfaction of employment applicants with the hiring 
        process, including with respect to the clarity of job 
        announcement, reasons for withdrawal of applications, user-
        friendliness of the application process, communication 
        regarding status of application, and timeliness of hiring 
        decision.
            (4) With respect to a newly hired employee--
                    (A) the satisfaction of the employee with the 
                hiring process as described in paragraph (3);
                    (B) the satisfaction with the process of joining 
                and becoming oriented with the Department, including 
                with respect to the timeliness of such process after 
                the hiring decision, the orientation process, and being 
                provided with timely and useful new employee 
                information and assistance after the hire is made but 
                before the new hire starts in that position and after 
                the new hire has begun;
                    (C) attrition and reasons for leaving;
                    (D) investment in training and development for the 
                employee during the first year of employment; and
                    (E) significant barriers to the effective 
                recruitment, selection, joining and becoming oriented 
                with the Department, and retention of employees.
    (b) Disaggregation of Data.--To the extent practicable and in a 
manner which protects personally identifiable information of applicants 
and employees, the Secretary shall collect and report data collected 
under subsection (a) disaggregated by facility or Veterans Integrated 
Service Network.
    (c) Reports.--
            (1) In general.--On an annual basis, the Secretary shall 
        submit to the Committees on Veterans' Affairs of the House of 
        Representatives and the Senate a report of the information 
        collected under subsection (a).
            (2) Availability of recruiting and hiring information.--On 
        an annual basis, the Secretary shall make publicly available 
        the information collected under subsection (a) in a consistent 
        and machine-readable format to allow for a comparison of hiring 
        effectiveness and experience by Veterans Integrated Service 
        Network or comparable public or private sector organization.

SEC. 12. EMPLOYMENT OF STUDENTS AND RECENT GRADUATES.

    (a) In General.--The Secretary of Veterans Affairs shall prescribe 
regulations to allow for excepted service appointments of students and 
recent graduates leading to conversion to career or career conditional 
employment of a student or recent graduate of a qualifying educational 
institution, as defined by the Department.
    (b) Applicability.--The conversion authority described in 
subsection (a) shall be applicable to individuals in good standing 
who--
            (1) are employed in a qualifying internship or fellowship 
        program at the Department;
            (2) are employed in the Department in a volunteer capacity 
        and performing substantive duties comparable to those of 
        individuals in internship or fellowship programs and meet the 
        required number of hours for conversion; or
            (3) are employed in the Department under a contract or 
        agreement with an external nonprofit organization and 
        performing substantive duties comparable to those of 
        individuals in internship or fellowship programs.
    (c) Uniformity.--For the purposes of subsections (b)(2) and (b)(3), 
hours of work performed by an individual employed shall be considered 
equal to those performed by an individual employed in a qualifying 
internship or fellowship program by the Department.

SEC. 13. EXIT SURVEYS.

    (a) In General.--The Secretary of Veterans Affairs shall develop 
and carry out a standardized exit survey to be voluntarily completed by 
career and noncareer employees and executives of the Department of 
Veterans Affairs who voluntarily separate from the Department. Such 
exit survey shall be developed in consultation with an appropriate non-
Department entity with experience developing such surveys.
    (b) Survey Content.--The survey shall include, at a minimum--
            (1) reasons for leaving the Department;
            (2) efforts made by the supervisor of the employee to 
        retain the individual;
            (3) the extent of job satisfaction and engagement during 
        the employment;
            (4) the intent of employee to either remain employed within 
        the Federal Government or to leave employment with the Federal 
        Government; and
            (5) such other matters as the Secretary determines 
        appropriate.
    (c) Anonymity of Survey Content.--The Secretary shall ensure that, 
to the extent possible, data collected under subsection (a) is 
anonymized and personally identifiable information is removed.
    (d) Sharing of Survey Data.--The Secretary shall ensure that the 
results of the survey required by subsection (a) are shared on an 
annual basis with directors and managers of facilities of the 
Department and the Veterans Integrated Service Networks.
    (e) Report.--Not later than one year after the date of the 
enactment of this Act, and annually thereafter, the Secretary shall 
submit to the Committees on Veterans' Affairs of the House of 
Representatives and the Senate a report containing the aggregate 
results of the exit survey under subsection (a) covering the year prior 
to the report. The report shall include--
            (1) an analysis of the most common reasons employees choose 
        to leave the Department;
            (2) steps the Secretary is taking to improve retention, 
        particularly for mission-critical occupations;
            (3) the demographic characteristics of employees choosing 
        to leave the Department;
            (4) any legislative barriers to improving employee 
        retention; and
            (5) the number of employees who took the exit survey under 
        subsection (a).
                                                  Union Calendar No. 17

115th CONGRESS

  1st Session

                               H. R. 1367

                      [Report No. 115-35, Part I]

_______________________________________________________________________

                                 A BILL

 To improve the authority of the Secretary of Veterans Affairs to hire 
and retain physicians and other employees of the Department of Veterans 
                    Affairs, and for other purposes.

_______________________________________________________________________

                             March 10, 2017

            Reported from the Committee on Veterans' Affairs

                             March 10, 2017

The Committee on Oversight and Government Reform discharged; committed 
   to the Committee of the Whole House on the State of the Union and 
                         ordered to be printed