[Congressional Record Volume 163, Number 91 (Thursday, May 25, 2017)]
[Senate]
[Pages S3189-S3190]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





    INCREASING THE DEPARTMENT OF VETERANS AFFAIRS ACCOUNTABILITY TO 
                          VETERANS ACT OF 2017

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
Committee on Veterans Affairs be discharged from further consideration 
of S. 12 and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 12) to amend title 38, United States Code, to 
     improve the accountability of employees of the Department of 
     Veterans Affairs, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Moran 
amendment at the desk be considered and agreed to, the bill, as 
amended, be considered read a third time and passed, and the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 218) was agreed to, as follows:

   (Purpose: To improve the bill by striking section 2, relating to 
  reduction of benefits for senior executives and certain health care 
 employees of the Department of Veterans Affairs convicted of a felony)

       Strike Sec. 2.
  The bill (S. 12), as amended, was ordered to be engrossed for a third 
reading, was read the third time, and passed, as follows:

                                 S. 12

       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 2017''.

     SEC. 2. 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. 3. 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. 4. 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. 5. WRITTEN OPINION ON CERTAIN EMPLOYMENT RESTRICTIONS 
                   AFTER TERMINATING EMPLOYMENT WITH THE 
                   DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--Subchapter I of chapter 7 of title 38, 
     United States Code, is further amended by adding at the end 
     the following new section:

     ``Sec. 717. 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 715 the 
     following new item:

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

     SEC. 6. 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 717(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

[[Page S3190]]

     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.''.

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