[Congressional Record Volume 162, Number 178 (Friday, December 9, 2016)]
[Senate]
[Pages S7053-S7055]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5173. Mr. BOOZMAN (for Mr. Moran) proposed an amendment to the
bill 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; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing the Department of
Veterans Affairs Accountability to Veterans Act of 2016''.
``(e) Definitions.--In this section:
``(1) The term `covered position' is--
``(A) a senior executive position; or
``(B) a position listed in section 7401(1) of this title
that is not a senior executive position.
``(2) The term `covered service' means, with respect to an
individual subject to a removal or transfer from a covered
position at the Department for performance or misconduct, the
period of service beginning on the date that the Secretary
determines 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.
``(3) The term `lump-sum credit' has the meaning given such
term in section 8331 or 8401 of title 5, as the case may be.
``(4) The term `senior executive position' has the meaning
given such term in section 713(g) of this title.
``(5) 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 covered position (as defined in subsection
(e) of such section) 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 and section 7401(1) employees: reduction of
benefits of individuals convicted of a felony.''.
SEC. 3. 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'--
[[Page S7054]]
``(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. 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 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. 5. ACCOUNTABILITY OF SUPERVISORS AT DEPARTMENT OF
VETERANS AFFAIRS FOR HIRING WELL-QUALIFIED
PEOPLE.
(a) Assessment During Probationary Period.--
(1) Determination required.--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
supervisor 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.--
(A) In general.--Except as provided in subparagraph (B), no
employee of the Department serving a probationary period as
described in paragraph (1) may complete that probationary
period unless and until the supervisor of the employee, or
another supervisor capable of making the requisite
determination, has made an affirmative determination under
such paragraph.
(B) Probationary period deemed completed.--
(i) No determination.--If no determination under paragraph
(1) is made with respect to an employee before the end of the
60-day period following the end of the 30-day period
specified in such paragraph, the employee shall be deemed to
have completed the probationary period of the employee
effective as of the end of that 60-day period.
(ii) Retroactive effect of determination.--If an
affirmative determination under paragraph (1) is made with
respect to an employee after the end of the 30-day period
specified in such paragraph, the employee shall be deemed to
have completed the probationary period of the employee
effective as of the end of that 30-day period.
(3) Notification to congress regarding determinations.--Not
less frequently than monthly, the Secretary shall notify the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives regarding--
(A) each instance during such month in which a supervisor
did not make a determination required under paragraph (1)
during the period required in such paragraph; and
(B) each such instance included in a previous notification
under this paragraph for which the supervisor still has not
made such a determination.
(b) Supervisors.--With respect to any employee of the
Department who is serving a probationary period in a
supervisory position at 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 supervisor of an employee serving a
probationary period shall hold the supervisor 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.
(d) Supervisor Defined.--In this section, the term
``supervisor'' has the meaning given such term in section
7103(a) of title 5, United States Code.
SEC. 6. 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. 7. 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. 8. 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. 9. 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:
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``8129. Requirement for contractors employing certain recently
separated Department employees.''.
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