[House Report 115-35]
[From the U.S. Government Publishing Office]
115th Congress ] { Rept. 115-35
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
======================================================================
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.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Roe of Tennessee, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany H.R. 1367]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 1367) 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, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 9
Subcommittee Consideration....................................... 9
Committee Consideration.......................................... 9
Committee Votes.................................................. 9
Committee Correspondence......................................... 10
Committee Oversight Findings..................................... 12
Statement of General Performance Goals and Objectives............ 12
Earmarks and Tax and Tariff Benefits............................. 12
Committee Cost Estimate.......................................... 12
Budget Authority and Congressional Budget Office Estimate........ 12
Federal Mandates Statement....................................... 12
Advisory Committee Statement..................................... 13
Constitutional Authority Statement............................... 13
Applicability to Legislative Branch.............................. 13
Statement on Duplication of Federal Programs..................... 13
Disclosure of Directed Rulemaking................................ 13
Section-by-Section Analysis of the Legislation................... 13
Changes in Existing Law Made by the Bill as Reported............. 20
Purpose and Summary
H.R. 1367 was introduced by Representative Brad Wenstrup of
Ohio, Chairman of the Committee on Veterans' Affairs
Subcommittee on Health, on March 6, 2017.
The bill would make a number of improvements to the
Department of Veterans Affairs' (VA's) ability to identify
staffing shortages, recruit and retain high-quality employees,
and quickly on-board new hires.
Background and Need for Legislation
Section 2. Modification to annual determination of staffing shortages
in Veterans Health Administration
Subsection 3304(a) of title 5, United States Code (U.S.C.),
authorizes Federal agencies to appoint candidates without
regard to certain hiring preferences and competitive service
selection requirements directly to positions for which the
Office of Personnel Management (OPM) has determine there is
either a severe shortage of candidates or an identified
critical hiring need. This is referred to as direct hiring
authority.
Committee oversight as well as Government Accountability
Office (GAO) and VA Inspector General (IG) reports have found
inadequate staffing and gaps in health care professional hiring
at VA medical facilities nationwide. This can adversely impact
care to veteran patients by creating or contributing to access
issues and scheduling delays. In recognition of this, Congress
acted in section 301 of the Veterans Access, Choice, and
Accountability Act of 2014 (P.L. 113-146) to require the IG to
annually identify and publish the five occupations of health
care providers with the largest staffing shortages and
authorize VA to utilize direct hiring authority to fill
shortages for each of the five occupations identified.
According to the latest such IG report, which was published on
September 28, 2016, VA's largest critical need occupations are:
(1) Medical Officer; (2) Nurse; (3) Psychologist and Physician
Assistant (tied); and, (5) Physical Therapist and Medical
Technologist (tied).\1\ According to the IG, the top five
occupations from the two previous reports were identical to the
2016 ranking with the exception of the addition of Medical
Technologist.
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\1\Report no. 16-00351-453, VA Office of the Inspector General,
``OIG Determination of VHA Occupational Staffing Shortages,'' September
28, 2016. https://www.va.gov/oig/pubs/VAOIG-16-00351-453.pdf
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Section 2 of the bill would modify the annual determination
of Veterans Health Administration (VHA) staffing shortages by
including five clinical occupations and five non-clinical
occupations within each VA medical center. The Committee
believes this will allow for the identification of local
staffing needs--which could vary significantly among VA medical
facilities and improved utilization of direct hiring authority
to address those needs, resulting in a VA healthcare staff that
is better equipped to provide high-quality care to veteran
patients.
Section 3. Executive Management Fellowship Program
According to the 2016 Best Places to Work in the Federal
Government survey--based on the nonpartisan Partnership for
Public Service's analysis of OPM's Federal Employee Viewpoint
Survey--VA ranks 17 out of 18 among large agencies in effective
leadership, with a score of just 48.7 out of 100.\2\ Given that
concerning fact, the Committee is committed to finding creative
ways for VA employees with leadership potential to improve
their skills through leadership development and training
opportunities that could then be utilized in those employees'
VA service. Various other Executive agencies have similarly
sought to promote such opportunities through fellowship
programs such as the White House Fellows Program and the State
Department Franklin Fellows Program, which allow employees from
the private sector to spend a year serving in the Federal
government while their private sector employer continues to pay
their salary and benefits. This provides a valuable influx of
experience and knowledge without diverting resources from other
priorities. The Committee believes that VA could benefit from
such a fellowship program that would not only allow private
sector employees the chance to work in VA but also allow
emerging VA leaders to hone and enhance their skill sets in
comparable private sector companies, contingent upon their
agreement to return to VA employment for at least a certain set
time period.
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\2\Partnership for Public Service, Best Places to Work in the
Federal Government, http://bestplacestowork.org/BPTW/.
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Accordingly, Section 3 of the bill would establish an
Executive Management Program to allow eligible VHA and Veterans
Benefit Administration (VBA) employees the opportunity to take
one-year fellowship positions in comparable private sector
entities and eligible private sector employees to take one year
fellowship positions in comparable VHA or VBA sites. The
Committee believes this program will foster and facilitate a
mutually-beneficial exchange of people, ideas, knowledge, and
best practices between VA and comparable private sector
entities, while providing VA employees with an additional
leadership development opportunity that is vital to maintaining
the long-term health of VA's workforce.
Section 4. Accountability of leaders in managing the Department of
Veterans Affairs
As referenced for Section 3 above, VA ranked 17 out of 18
among large Federal agencies in effective leadership according
to the 2016 Best Places to Work survey.\3\ Since the 2014 VA
nationwide access scandal, the Committee's legislative and
oversight efforts have focused on increasing accountability for
VA employees as a means of assessing leadership and
strengthening the Department as a whole. Accordingly, the
Committee has often reviewed performance plans for VA's many
Senior Executive Service (SES) employees. However, while
performance plans are required for career SES employees by
subchapter II of Chapter 43 of title 5, U.S.C., political
appointees are not required to undergo performance plans. As
senior leaders, political appointees play a critical role in
setting and achieving Departmental priorities and, as such, the
Committee believes that they should be held accountable as well
for their performance and achievements.
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\3\Partnership for Public Service, ``Best Places to Work Large
Agency Rankings,'' Accessed March 9, 2017. http://bestplacestowork.org/
BPTW/rankings/overall/large
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Section 4 of the bill would require VA to conduct annual
performance plans for VA political appointees. This would
ensure that the Department's senior political appointees
undergo a performance planning and appraisal process similar to
that of the Department's career senior executives, which the
Committee believes will assist in establishing a culture of
accountability throughout VA and in restoring transparency and
trust in the Department's senior leaders. Each performance plan
would be required to contain assessments in the following
areas: recruiting, selecting, and retaining well-qualified
individuals for VA employment; engaging and motivating
employees; training and developing employees and preparing them
for future VA leadership roles; and, holding each manager
accountable for addressing performance issues for the employees
under their purview. The goal of the Committee, however, is not
to provide performance awards to political appointees as a
result of these new required performance plans. These plans
would only serve to provide the Secretary and others a way to
track the performance of these senior employees who are
critical to the Department's overall mission and management.
Section 5. Modification to veterans preference
One of the hallmarks of hiring within the civil service
system is veterans' preference, which, in some form, dates back
to the Civil War. The purpose of veterans' preference is to
provide eligible veterans with an advantage when they compete
with equally qualified non-veteran candidates for Federal
employment. For decades, Congress has seen the benefit of
rewarding those who serve by providing them with hiring
preference in the Federal government. According to OPM, ``. .
.[v]eterans' preference recognizes the economic loss suffered
by citizens who have served their country in uniform, restores
veterans to a favorable competitive position for government
employment, and acknowledges the larger obligation owed to
disabled veterans.''\4\ Under current law, there are several
different categories of preference that are based on a
veteran's time on active duty service or their disability
rating.
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\4\U.S. Office of Personnel Management, ``VET Guide'' https://
www.opm.gov/policy-data-oversight/veterans-services/vet-guide-for-hr-
professionals/
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The Committee believes that the economy and the Federal
government, as a whole, benefit from having more qualified
veterans employed within their ranks. Unfortunately, there are
certain segments of veterans and servicemembers that do not
qualify for veterans' preference due to an outdated statute
that does not accurately reflect the current characteristics of
the U.S. Armed Forces. For example, section 2108 of title 5,
U.S.C., requires that in order to receive veterans' preference,
a national guardsman or reservist must have served at least180
consecutive days on active duty. The Committee believes that
this requirement is obsolete and does not take into account,
the reality of the Department of Defense's utilization of the
National Guard or Reserve components since September 11, 2001.
In a statement for the record for a March 16, 2016, legislative
hearing on this section, the Reserve Officers Association (ROA)
indicated that, ``since September 11, 2001, more than 900,000
members of our reserve components--the National Guard and
Reserves of our Army, Navy, Air Force, Marines and Coast
Guard--have served in support of the war on terrorism. More
than 1,200 have died in that fight.\5\'' ROA's statement for
the record also attested to the fact that it was not uncommon
for individuals in the National Guard and Reserve components to
serve less than 180 consecutive days on active duty service at
any given point, therefore making them ineligible for veterans'
preference benefits. The Committee believes that this is
important to note, despite the unemployment rate for veterans
continuing, on average, to be lower than their non-veteran
counterparts, because there is a concern about the growing
unemployment rate amongst members of the National Guard and
Reserve.
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\5\Statement for the Record of the Reserve Officers Association for
the House Committee on Veterans Affairs Subcommittee on Health and
Subcommittee on Economic Opportunity Hearing, ``Legislative Hearing on
draft legislation to improve the authority of the Secretary of Veterans
Affairs to hire and retain physicians and other employees of the
Department of Veterans Affairs,'' March 16, 2016. http://
docs.house.gov/meetings/VR/VR03/20160316/104606/HHRG-114-VR03-20160316-
SD011.pdf
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The Committee is also a concerned that section 2108 of
title 5, U.S.C., does not allow for retired members of the
Armed Forces to receive some form of veterans' preference.
While the Committee agrees that veterans' preference was put in
place mainly to assist enlisted servicemembers, the Committee
believes that in today's growing economy, and with the reality
that many military retirees do not ``retire'' from the
workforce following their military service, there is no need to
make the distinction between retirees and other veterans in
providing veterans' preference eligibility.
Therefore, to address both of these issues, Section 5 would
amend section 2108 of title 5, U.S.C., to change the
requirement that guardsmen and reservists must serve 180
consecutive days on active duty to require that they instead
serve 180 cumulative days on active duty to be eligible for
veterans' preference. Additionally, this Section would further
amend section 2108 of title 5 U.S.C., to allow retired members
of the Armed Forces to qualify for veterans' preference. The
Committee believes that these two changes are necessary to
modernize this important benefit, bring needed skill sets to
Federal service unique to those who have served in uniform, and
potentially reduce the unemployment rates among this population
of veterans.
Section 6. Reemployment of former employees
Currently, former Federal employees who have left Federal
service may be non-competitively reinstated only to a job at or
below the grade level they last held. As a result, medical and
other professionals who have left VA employment to gain
valuable education and/or experience elsewhere cannot be
considered for non-competitive reinstatement to a position
above their prior grade level. This creates a disincentive for
former employees to return to VA employment and utilize new
skills to benefit veterans and assist in addressing the
significant access and other challenges facing VA.
To address this recruitment issue, Section 6 of the bill
would allow VA to noncompetitively reappoint a former VA
employee to a position not more than one grade higher than his
or her former position as long as the employee left voluntarily
within the prior two years, had a satisfactory performance
record, and maintained necessary licensures and credentials.
The Committee believes this will encourage experienced former
employees to reconsider VA service while providing VA an
additional recruitment tool and a talented applicant pool that
can be quickly leveraged to meet immediate hiring needs.
Section 7. Recruiting database
The Committee has long been concerned about the lack of
stable leadership at many VA medical facilities. During an
October 22, 2015, interview on CNN, then VA Deputy Secretary,
Sloan Gibson, stated that, ``[m]ore than 50 percent of our
senior leaders in the Veterans Health Administration have
turned over in the last 24 months.'' When questioned by the
Committee, VA has been unable to produce a plan to prioritize
recruitment and retention for medical center leaders to address
that turnover.
Section 7 of the bill would require VA to establish a
recruiting database listing each vacant position that VA
determines is critical to its mission, is difficult to fill, or
both. The database would contain information on qualified
individuals who applied for a position within VA and were not
chosen but could be qualified for other similar VA positions
elsewhere. VA would be required to use the database of
qualified applicants in an effort to fill prolonged vacant
positions. The Committee believes such a database will assist
VA in increasing the identification and hiring of qualified
applicants system-wide for critical medical facility leadership
positions.
Section 8. Human resources academy
In late 2016, GAO found that, between the end of fiscal
year 2011 and the end of fiscal year 2015, VHA lost 1,904 human
resources (HR) staff to attrition, which is a reflection of a
government-wide struggle to recruit and retain HR
professionals.\6\ In VA's case, the Committee believes that VHA
HR personnel are at an increased likelihood of departure due to
burnout resulting from a failure to properly train HR officials
on the intricacies of VHA hiring practices. VHA currently
utilizes two personnel systems one for title 5 U.S.C.,
competitive service and another one for title 38, U.S.C.
excepted service. Of the two, hiring authorities under title
38, U.S.C., are unique to VHA and can be complex. In an effort
to increase the retention of needed HR professionals and also
increase the efficiency of hiring across VHA, Section 8 of the
bill would require VA to train VHA HR professionals after their
initial hire and annually thereafter on how to recruit and
retain VHA employees, in general, and on recruitment and
retention matters that are unique to VHA under title 38,
U.S.C., specifically.
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\6\GAO-17-30, December 2016, ``Management Attention is Needed to
Address Systemic, Long-standing Human Capital Challenges,'' http://
www.gao.gov/assets/690/681805.pdf
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Section 9. Promotional opportunities for technical experts
The Committee has a demonstrated interest in seeing VA
retain high-quality employees and recognizes that many
positions throughout the Department require a high-level of
technical expertise. However, according to testimony from the
Partnership for Public Service in 2016, ``[t]he rigid structure
of the GS system requires employees to move into supervisory
and management roles, even in cases where the employee may not
have the skills or desire to perform as a manager but must take
on such duties in order to advance in their career.''\7\
Requiring highly technical employees to either leave VA
employment, remain in their current position indefinitely, or
take on managerial roles for which they may be ill-suited and
uninterested is not an effective recruitment or retention tool.
---------------------------------------------------------------------------
\7\Testimony from the Partnership for Public Service, March 16,
2016, ``Legislative Hearing on draft legislation to improve the
authority of the Secretary of Veterans Affairs to hire and retain
physicians and other employees of the Department of Veterans Affairs,''
https://veterans.house.gov/hearings/legislative-hearing-draft-
legislation-improve-authority-secretary-veterans-affairs-hire-0.
---------------------------------------------------------------------------
To address this issue and create a pathway to promotion for
high-performing employees in highly-technical positons, Section
9 of the bill would require VA to establish a promotional track
for technical experts that does not require transition to a
managerial position. The Committee believes this will allow VA
to retain needed, high-quality employees who desire to advance
in their career without taking on management role within VA.
Section 10. Comptroller general study on succession planning
Succession planning is a process for identifying and
developing new leaders to replace those retiring or otherwise
vacating their current roles. According to testimony from the
Partnership for Public Service before the Subcommittees on
Health and Economic Opportunity in March 2016, VA's
considerable recruitment and retention issues are worsened by
an aging workforce that is becoming increasingly retirement-
eligible.\8\ Given that, succession planning is particularly
critical for VA to prevent gaps or a reduction in the quality
of services provided to veterans as current employees depart.
However, the Committee believes that VA's succession planning
efforts across VHA, VBA, and the National Cemetery
Administration (NCA) is in need of greater study.
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\8\Ibid.
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Section 10 of the bill would require GAO to study and
report on succession planning for each medical facility within
VHA as well as mission-critical positions within VBA and NCA.
This study would include: a determination of the mission-
critical positions and the vacancy risk of such positions; an
analysis of the future needs for the identified positions; and,
strategies to fill gaps through training for existing staff,
targeted recruitment and hiring.
Section 11. Information on hiring effectiveness
In December 2016, GAO released a report, which found that
VHA fell short of Federal standards for effective internal
controls to support HR functions, compromising VHA's ability to
deliver HR services and effectively serve veteran patients.\9\
This finding is consistent with the Committee's findings that
VA and VHA HR employees in the field and in leadership often
lack information regarding key measures that could indicate
weaknesses in HR practices. GAO subsequently recommended that
VA develop a plan to collect and apply leading HR practices
within the Department, a finding with which the Committee
concurs.
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\9\GAO-17-30, December 2016, ``Management Attention is Needed to
Address Systemic, Long-standing Human Capital Challenges,'' http://
www.gao.gov/assets/690/681805.pdf
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As such, Section 11 of the bill would require VA to collect
information, indicators, and measurements on hiring
effectiveness and employee satisfaction and submit an annual
report to Congress on the information collected for each
Veterans Integrated Service Network. Some of these indicators
include: recruiting and hiring well-qualified talent from
diverse talent pools, the use and impact of special hiring
authorities and flexibilities to recruit the most qualified
applicants (including the use of student internships as a
talent pool for future hires), and the use and impact of
special hiring authorities and flexibilities to recruit diverse
candidates (including veteran, minority and disabled
candidates). The Committee believes that this requirement will
assist VA leaders and HR professionals in identifying
shortcomings and targeting improvements as well as provide
needed transparency to Congress, allowing the Committee to
conduct better oversight of VA's HR functions.
Section 12. Employment of students and recent graduates
As noted in Section 10 above, VA's existing workforce is
aging and increasingly retirement eligible, creating concerns
about the Department's ability to continue providing high-
quality benefits and services to future generations of
veterans. Worryingly, in 2015, GAO found that 42% of VHA's
overall senior leadership was eligible to retire and, by fiscal
year 2019, one in five VA nurses would be eligible to
retire.\10\ The Committee believes that improving the
recruitment and retention of younger employees is critical to
the Department's continued success. However, VA has
historically performed poorly in comparison to other Federal
agencies in hiring younger employees. According to OPM, in
2015, 25.2% of new hires government-wide were under the age of
30 compared to just 15.7% of VA's new hires. While VA has an
important medical professional training mission that could be
leveraged to recruit young providers to VA service, just 0.68%
of VA's total workforce were under the age of 25 and just 5.35%
were under the age of 30 in 2015.\11\
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\10\GAO-15-794, September 2015, ``Oversight Improvements Needed for
Nurse Recruitment and Retention Initiatives,'' http://www.gao.gov/
assets/680/672839.pdf
\11\Testimony from the Partnership for Public Service, March 16,
2016, ``Legislative Hearing on draft legislation to improve the
authority of the Secretary of Veterans Affairs to hire and retain
physicians and other employees of the Department of Veterans Affairs,''
https://veterans.house.gov/hearings/legislative-hearing-draft-
legislation-improve-authority-secretary-veterans-affairs-hire-0
---------------------------------------------------------------------------
To assist VA in bringing needed young employees on-board,
Section 12 of the bill would require VA to promulgate
regulations to allow for excepted service appointments for
students and recent graduates leading to conversion to career
or career conditional employment. The Committee is hopeful that
this authority will be useful in creating a pipeline of younger
professionals that will offset staffing shortages as the
current VA workforce retires.
Section 13. Exit surveys
Voluntary, anonymous exit surveys are an important tool to
inform HR professionals and agency leaders about why departing
employees choose to leave their current positions and, thus,
how to better retain others in the workforce. While VHA has an
existing exit survey process, the Committee believes that VHA
currently does a lackluster job at administering exit surveys
and often fails to request the completion of a survey from a
departing employee, thus denying VHA the opportunity to improve
retention moving forward. This is evidenced by a 2016 GAO
finding that only an average of 30 percent of all clinical
employees who leave have completed VHA's exit survey over the
last five years.\12\ This is particularly concerning given that
GAO also found that voluntary resignations accounted for an
average of 54 percent of losses from VA's top five most
critical shortage occupations from 2011 to 2015.\13\ Factors
that lead to employee resignations cannot be addressed if they
are not identified. To address this shortcoming, Section 13 of
the bill would require VA to develop and conduct a
standardized, anonymous exit survey to be voluntarily completed
by VA employees who voluntarily elect to terminate their
employment with the Department. The results of these surveys
are to be compiled and shared with Congress in an annual
report.
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\12\GAO-16-666R, July 29, 2016, ``Personnel Data Show Losses
Increased for Clinical Occupations from Fiscal Year 2011 through 2015,
Driven by Voluntary Resignations and Retirements,'' http://www.gao.gov/
products/GAO-16-666R.
\13\Ibid.
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Hearings
There were no Subcommittee or Full Committee hearings held
on H.R. 1367.
Subcommittee Consideration
There was no Subcommittee consideration of H.R. 1367.
Committee Consideration
On March 8, 2017, the Full Committee met in open markup
session, a quorum being present, and ordered H.R. 1367 to be
reported favorably to the House of Representatives by voice
vote. A motion by Representative Tim Walz of Minnesota, Ranking
Member of the Committee on Veterans' Affairs, to report H.R.
1367 favorably to the House of Representatives was agreed to by
voice vote.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, there were no recorded votes
taken on amendments or in connection with ordering H.R. 1367
reported to the House.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are to improve VA's ability to identify
staffing shortages and recruit, retain, and quickly on-board
high-quality employees to serve veteran patients and
beneficiaries.
Earmarks and Tax and Tariff Benefits
H.R. 1367 does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the Rules of the House of
Representatives.
Committee Cost Estimate
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
this bill. However, clause 3(d)(3)(B) of that Rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974. The Committee has requested but not received a cost
estimate for this bill from the Director of the Congressional
Budget Office. The Committee believes that enactment of this
bill would result in no additional direct spending over the
2018-2022 period. Assuming the appropriation of authorized
amounts, the Committee estimates that the legislation would
also have a discretionary cost of $33 million over the 2018-
2022 period.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures.
Federal Mandates Statement
With respect to the requirements of Section 423 of the
Congressional Budget and Impoundment Control Act (as amended by
Section 101(a)(2) of the Unfunded Mandate Reform Act, P.L. 104-
4), the Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether the provisions of the reported bill include unfunded
mandates.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
1367.
Statement of Constitutional Authority
Pursuant to Article I, section 8 of the United States
Constitution, H.R. 1367 is authorized by Congress' power to
``provide for the common Defense and general Welfare of the
United States.''
Applicability to Legislative Branch
The Committee finds that H.R. 1367 does not relate to the
terms and conditions of employment or access to public services
or accommodations within the meaning of section 102(b)(3) of
the Congressional Accountability Act.
Statement on Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 1367 establishes or reauthorizes a program of the
Federal Government known to be duplicative of another Federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Disclosure of Directed Rulemaking
Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017),
H.R. 1367 would require the Secretary of Veterans Affairs to
prescribe regulations pursuant to Section 12 of the bill that
would allow for excepted service appointments of students and
recent graduates of qualifying educational institutions leading
to conversion to career or career conditional employment at the
Department of Veterans Affairs.
Section-by-Section Analysis of the Legislation
Section 1. Table of contents
Section 1 of the bill would establish the table of
contents.
Section 2. Modification to annual determination of staffing shortages
in Veterans Health Administration
Section 2 of the bill would amend section 7412(a) of title
38 U.S.C. by striking ``five occupations'' and inserting ``the
five clinical occupations and the five nonclinical
occupations'' and striking ``throughout the Department'' and
inserting ``with respect to each medical center of the
Department.''
Section 3. Executive Management Fellowship Program
Section 3(a) of the bill would amend chapter 7 of title 38
U.S.C. by adding at the end the following new subchapter,
``SUBCHAPTER III--EXECUTIVE MANAGEMENT FELLOWSHIP PROGRAM
Sec. 741. Executive Management Fellowship Program''.
Section 741(a) would establish an Executive Management
Fellowship Program within VA with the purpose of providing
eligible VHA and VBA employees with training and experience in
the private sector and eligible private sector employees with
training and experience in VA.
Section 741(b) would stipulate that the fellowship
established pursuant to section 741(b) would last for one year.
The VA participant would receive 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 of Veterans Affairs. The
private sector participant would receive training and
experience at VBA or VHA. Section 741(b) would also require VA
to enter into agreements with private-sector entities as are
necessary to carry out this Section.
Section 741(c) would require the Secretary, in August of
each year, to select not fewer than 18 and not more than 30
eligible employees of VBA and VHA and not fewer than 18 and not
more than 30 eligible employees of private-sector entities to
receive a fellowship pursuant to section 741(a). Section 741(c)
would also require the Secretary, to the extent practicable, to
select eligible employee to participate in the fellowship from
among employees who are veterans in a manner that is reflective
of the demographics of the veteran population of the United
States.
Section 741(d) would define an eligible employee with
respect to a VBA or VBA employee, as an employee who: 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 U.S.C. or the minimum rate of basic pay
payable pursuant to chapter 74 of title 38 U.S.C. as the case
may be; enters into an agreement with the Secretary under
section 741(e); and, submits to the Secretary an application
containing such information and assurances as the Secretary may
require. Section 741(d) would define an eligible employee with
respect to an employee of a private sector entity as an
employee who: is employed in a position whose duties and
responsibilities are commensurate with an eligible VA employee;
enters into an agreement with the Secretary under section
741(e); and, submits to the Secretary an application containing
such information and assurances as the Secretary may require.
Section 741(e) would require an agreement between the
Secretary and a VA participant in the fellowship program
established pursuant to section 741(a) to be in writing, to be
signed by the participant, and to include the following: the
Secretary's agreement to provide the participant with a
fellowship agreement; the participant's agreement to accept the
fellowship and to serve as a full-time employee in VBA or VHA
for at least two years after completion of the fellowship as
specified in the agreement and, that, during the two-year
period beginning on the last day of the fellowship, the
participant will not accept employment in the same industry of
the private sector entity at which the participant accepts the
fellowship; a statement of the damages to which the United
States is entitled under this subchapter for the participant's
breach of this agreement; and, such other terms as the
Secretary determines are required to be included in the
agreement. Section 741(e) also requires an agreement between
the Secretary and a private sector participant to be in
writing, to be signed by the participant, and to include the
following provisions: the Secretary's agreement to provide the
participant with a fellowship, the participant's agreement to
accept the fellowship, and such other terms as the Secretary
determines are required to be included in the agreement.
Section 741(f) would require a VA participant to be
considered a VA employee for all purposes, including for
purposes of receiving a salary and benefits, and to remain
eligible for all promotion and incentive programs otherwise
available to such employee. Section 741(f) would also require a
private sector participant to 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 to be treated as a VA contractor during the
fellowship.
Section 741(g) would, not later than 60 days after
completing a fellowship, require the Secretary to submit a
report on the fellowship describing the duties of the
fellowship participants and any recommendations of the
participant for the Secretary of industry processes,
technologies, and best practices and to submit such report
without change to the Committees on Veterans' Affairs of the
House of Representatives and of the Senate no later than seven
days after receiving such report.
Section 741(h) would define the term ``Department
participant'' as an employee of VBA or VHA who is participating
in the fellowship pursuant to section 741 (a) and the term
``private sector participant'' as an employee of a private
sector entity who is participating in the fellowship pursuant
to section 741 (a).
Section 3(b) of the bill would require the Secretary to
implement the Executive Management Fellowship Program required
under section 741 of title 38 U.S.C. as added by Section 3(a)
of the bill not later than 90 days after the date of enactment.
Section 3(c) of the bill would amend the table of sections
at the beginning of chapter 7 of title 38 U.S.C. by adding at
the end the following new items, ``SUBCHAPTER III--EXECUTIVE
MANAGEMENT FELLOWSHIP PROGRAM Sec. 741. Executive Management
Fellowship Program''.
Section 4. Accountability of leaders in managing the Department of
Veterans Affairs
Section 4(a) of the bill would amend chapter 7 of title 38
U.S.C. by inserting after section 717 the following new
section, ``Sec. 719. Annual performance plan for political
appointees''.
Section 719(a) would require the Secretary of Veterans
Affairs to conduct an annual performance plan for each VA
political appointee that is similar to the annual performance
plan conducted for a VA employee who is appointed as a career
appointee (as that term is defined in section 3132(a)(4) of
title 5 U.S.C. within the VA Senior Executive Service.
Section 719(b) would require each performance plan pursuant
to section 719(a) to include an assessment of whether the
appointee is meeting the following goals: recruiting,
selecting, and retaining well-qualified individuals at VA;
engaging and motivating employees; training and developing
employees and preparing those employees for future leadership
roles within VA; and, holding each VA employee that is a
manager accountable for addressing issues relating to
performance, in particular issues relating to the performance
of employees that relate to the manager.
Section 719(c) would define the term ``political
appointee'' as a VA employee who holds a position which has
been excepted from the competitive service by reason of its
confidential policy-determining, policy-making, or policy-
advocating character or a position in the Senior Executive
Service as a noncareer appointee as such term is defined in
section 3132(a) of title 5 U.S.C.
Section 4(b) of the bill would amend the table of sections
at the beginning of chapter 7 of title 38 U.S.C. by amending
after the item relating to section 717 the following new item,
``Sec. 719. Annual performance plan for political appointees''.
Section 5. Modification to veterans preference
Section 5(a) of the bill would amend section 2108(1)(B) and
(D) of title 5 U.S.C. by striking ``consecutive'' and inserting
``cumulative'' in every instance.
Section 5(b) of the bill would amend section 2108(4) of
title 5 U.S.C. to read as follows: ``(4) `preference eligible'
includes a retired member of the armed forces; and''.
Section 6. Reemployment of former employees
Section 6(a) of the bill would allow the Secretary of
Veterans Affairs to noncompetitively appoint a qualified former
employee to any position within the competitive service or any
excepted service position under chapter 74 of title 38 U.S.C.
at VA that is one grade higher than the grade of the position
at VA most recently occupied by the employee.
Section 6(b) of the bill would prohibit the Secretary from
appointing a qualified former employee to a position that is
more than one grade (or equivalent) higher than the position at
VA most recently occupied by the employee.
Section 6(c) of the bill would define the term ``qualified
former employee'' to mean any individual who: formerly occupied
any position at VA within two years of applying for
reemployment at VA; voluntarily left such position or was
subject to a reduction in force and had a satisfactory
performance record; and, since leaving, has maintained
licensing requirements related to the position, if any, and
gained skill, knowledge, or other factors related to the
position.
Section 7. Recruiting database
Section 7(a) of the bill would establish a single database
that lists each vacant position at VA that the Secretary of
Veterans Affairs determines is critical to VA's mission,
difficult to fill, or both.
Section 7(b) of the bill would require the Secretary, at
the election of the applicant, to consider the applicant for
other similar vacant positions listed in the database
established under Section 7(a) of the bill if the Secretary
determines that the applicant for a vacant position listed in
the database is qualified for such position but does not select
the applicant for same.
Section 7(c) of the bill would stipulate that, if the
Secretary does not fill a vacant positon listed in the database
established under Section 7(a) of the bill after a period
determined appropriate by the Secretary, the Secretary is
required to ensure that applicants described in Section 7(b) of
the bill are considered for such position and are required to
use the database established under Section 7(a) of the bill to
assist in filling such position.
Section 7(d) of the bill would require the Secretary to
submit a report to Congress on the use and efficacy of the
database established under Section 7(a) of the bill not later
than one year after the date of enactment.
Section 8. Human Resources Academy
Section 8(a) of the bill would require the Secretary of
Veterans Affairs to provide VHA HR professionals training on
how to best recruit and retain VHA employees, including with
respect to any recruitment and retention matters that are
unique to VHA pursuant to chapter 74 of title 38 U.S.C. or
other provisions of law. Section 8(a) of the bill would also
provide such training in manner in which the Secretary
determines appropriate in light of budget, travel, and other
constraints.
Section 8(b) of the bill would require the Secretary to
ensure that each VHA HR professional receives the training
described in Section 8(a) of the bill as soon as practicable
after being hired by the Secretary as a HR professional and
annually thereafter.
Section 8(c) of the bill would require the Secretary to
ensure that each VHA HR professional, upon completion of the
training described in Section 8(a) of the bill, certifies that
the professional received the training and understands the
information provided by the training.
Section 8(d) of the bill would require the Secretary to
submit the Committees on Veterans' Affairs of the House of
Representatives and the Senate an annual report on the training
described in Section 8(a) of the bill, 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.
Section 9. Promotional opportunities for technical experts
Section 9 of the bill would, not later than one year after
the date of enactment, require the Secretary of Veterans
Affairs to establish a promotional track system for VA
employees that the Secretary determines are technical experts
pursuant to regulations prescribed by the Secretary for
purposes of carrying out this Section. The promotional track
system is required to provide any such employee the opportunity
to advance within VA without being required to transition to a
management system and, for the purposes of achieving career
advancement, provide for the establishment of new positions
within VA and provide for increases in pay for any such
employee, notwithstanding any other provision of law.
Section 10. Comptroller General study on succession planning
Section 10(a) of the bill would require the Comptroller
General of the United States to conduct a study on the
succession planning conducted at each VA medical facility as
well as the succession planning at VBA and NCA.
Section 10(b) of the bill would require the study mandated
under Section 10(a) of the bill to include, for each entity,
the following: a determination of the mission-critical
positions within the entity and the vacancy risk of such
positions; an analysis of the future needs for mission-critical
positions and gaps within the existing talent pool of the
entity; a description of strategies to close skill gaps through
the use of training for existing staff, targeted recruitment,
and hiring; a plan to regularly evaluate progress of staff and
update existing succession plans using clear and measurable
metrics and benchmarks; a demonstration of the capacity of the
entity to execute succession plans with successful succession
management strategies; and, any other matters the Comptroller
General determines appropriate.
Section 10(c) of the bill would, not later than one year
after the date of enactment, require the Comptroller General to
submit to the Committees on Veterans' Affairs of the House of
Representatives and of the Senate a report containing each
study conducted under section 10(a) of the bill.
Section 11. Information on hiring effectiveness
Section 11(a) of the bill would require the Secretary of
Veterans Affairs to measure and collect the following
information on indicators of hiring effectiveness: (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 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, (I) and the number of offers
accepted compared to the number of offers made for permanent
positions; (2) with respect to hiring authority, the
satisfaction of the hiring authority with the quality of new
hires, the match between the skills of newly hired individuals
and the needs of VA, the hiring process and hiring outcomes
after the first year of the new hire's employment, the length
of time that elapses to fill a position for a new hire to begin
working in a new positon, and 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 the job announcement, reasons for
withdrawal of applications, user-friendliness of the
application process, communication regarding status of
applications, and timeliness of hiring decisions; (4) with
respect to a newly hired employee, (A) the satisfaction of the
employee with the hiring process, (B) the satisfaction with the
process of joining and becoming oriented with VA, including
with respect to timeliness, the orientation process, and being
provider with timely and useful new employee information and
assistance after the hire is made but before the new hire
starts 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, (E) and
significant barriers to effective recruitment, selection,
joining, and becoming oriented with VA and retention of
employees.
Section 11(b) of the bill would, to the extent practicable
and in a manner which protects personally identifiable
information of applicants and employees, require the Secretary
to collect and report the data collected pursuant to Section
11(a) of the bill disaggregated by facility or Veterans
Integrated Service Network.
Section 11(c) of the bill would require the Secretary to
submit to the Committees on Veterans' Affairs of the House of
Representatives and Senate a report on the information
collected pursuant to Section 11(a) of the bill on an annual
basis. Section 11(c) of the bill would also require the
Secretary to make publicly available the information collected
pursuant to Section 11(a) of the bill 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.
Section 12. Employment of students and recent graduates
Section 12(a) of the bill would require the Secretary to
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.
Section 12(b) of the bill would require the conversion
authority described in Section 12(a) of the bill to be
applicable to individuals in good standing who are employed in
a qualifying internship or fellowship program at VA; are
employed by VA in a volunteer capacity and performing
substantive duties comparable to those individuals in
internships or fellowship programs and meet the required number
of hours for conversion; or are employed by VA under a contract
or agreement with an external non-profit organization and
performing substantive duties comparable to those of
individuals in internship or fellowship programs.
Section 12(c) of the bill would, for the purposes of
Section 12(b) of the bill, require the hours of work performed
by an individual to be considered equal to those performed by
an individual employed in a qualifying internship or fellowship
program of VA.
Section 13. Exit surveys
Section 13(a) of the bill would require VA to develop and
carry out a standardized exit survey to be voluntarily
completed by career and noncareer employees and executives at
VA who voluntarily separate from VA. Section 13(a) would also
require the exit survey to be developed in consultation with an
appropriate non-VA entity with experience developing such
surveys.
Section 13(b) of the bill would require the survey to
contain, at a minimum, the: reasons for leaving VA; efforts
made by the supervisor of the employee to retain the
individual; extent of job satisfaction and engagement during
the employment; intent of the employee to either remain
employed within the Federal government or to leave employment
with the Federal government; and other matters the Secretary
determines appropriate.
Section 13(d) of the bill would require the Secretary to
ensure that the results of the survey required by Section 13(a)
of the bill are shared on an annual basis with directors and
managers of VA and Veterans Integrated Service Network
facilities.
Section 13(e) of the bill would, not later than one year
after the date of enactment, require the Secretary to submit to
the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report containing aggregate
results of the exit survey under Section 13(a) of the bill
covering the year prior to the report and containing: an
analysis of the most common reasons employees choose to leave
VA; steps the Secretary is taking to improve retention,
particularly for mission-critical occupations; the demographic
characteristics of employees choosing to leave VA; any
legislative barriers to improving employee retention; and the
number of employees who took the exit survey under Section
13(a) of the bill.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART I--GENERAL PROVISIONS
* * * * * * *
CHAPTER 7--EMPLOYEES
SUBCHAPTER I --GENERAL EMPLOYEE MATTERS
Sec.
701. Placement of employees in military installations.
* * * * * * *
719. Annual performance plan for political appointees.
* * * * * * *
SUBCHAPTER III--EXECUTIVE MANAGEMENT FELLOWSHIP PROGRAM
741. Executive Management Fellowship Program.
* * * * * * *
SUBCHAPTER I--GENERAL EMPLOYEE MATTERS
* * * * * * *
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).
* * * * * * *
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.
* * * * * * *
PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
* * * * * * *
CHAPTER 74--VETERANS HEALTH ADMINISTRATION - PERSONNEL
SUBCHAPTER I--APPOINTMENTS
* * * * * * *
Sec. 7412. Annual determination of staffing shortages; recruitment and
appointment for needed occupations
(a) In General.--Not later than September 30 of each year,
the Inspector General of the Department shall determine, and
the Secretary shall publish in the Federal Register, [the five
occupations] the five clinical occupations and the five
nonclinical occupations of personnel of this title of the
Department covered under section 7401 of this title for which
there are the largest staffing shortages [throughout the
Department] with respect to each medical center of the
Department, as calculated over the five-year period preceding
the determination.
(b) Recruitment and Appointment.--Notwithstanding sections
3304 and 3309 through 3318 of title 5, the Secretary may, upon
a determination by the Inspector General under subsection (a)
that there is a staffing shortage throughout the Department
with respect to a particular occupation, recruit and directly
appoint, during the fiscal year after the fiscal year during
which such determination is made, qualified personnel to serve
in that particular occupation for the Department.
* * * * * * *
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART A--GENERAL PROVISIONS
* * * * * * *
CHAPTER 21--DEFINITIONS
* * * * * * *
Sec. 2108. Veteran; disabled veteran; preference eligible
For the purpose of this title--
(1) ``veteran'' means an individual who--
(A) served on active duty in the armed forces
during a war, in a campaign or expedition for
which a campaign badge has been authorized, or
during the period beginning April 28, 1952, and
ending July 1, 1955;
(B) served on active duty as defined by
section 101(21) of title 38 at any time in the
armed forces for a period of more than 180
[consecutive] cumulative days any part of which
occurred after January 31, 1955, and before
October 15, 1976, not including service under
section 12103(d) of title 10 pursuant to an
enlistment in the Army National Guard or the
Air National Guard or as a Reserve for service
in the Army Reserve, Navy Reserve, Air Force
Reserve, Marine Corps Reserve, or Coast Guard
Reserve;
(C) served on active duty as defined by
section 101(21) of title 38 in the armed forces
during the period beginning on August 2, 1990,
and ending on January 2, 1992; or
(D) served on active duty as defined by
section 101(21) of title 38 at any time in the
armed forces for a period of more than 180
[consecutive] cumulative days any part of which
occurred during the period beginning on
September 11, 2001, and ending on the date
prescribed by Presidential proclamation or by
law as the last date of Operation Iraqi
Freedom;
and, except as provided under section 2108a, who has
been discharged or released from active duty in the
armed forces under honorable conditions;
(2) ``disabled veteran'' means an individual who has
served on active duty in the armed forces, (except as
provided under section 2108a) has been separated
therefrom under honorable conditions, and has
established the present existence of a service-
connected disability or is receiving compensation,
disability retirement benefits, or pension because of a
public statute administered by the Department of
Veterans Affairs or a military department;
(3) ``preference eligible'' means, except as provided
in paragraph (4) of this section or section 2108a(c)--
(A) a veteran as defined by paragraph (1)(A)
of this section;
(B) a veteran as defined by paragraph (1)(B),
(C), or (D) of this section;
(C) a disabled veteran;
(D) the unmarried widow or widower of a
veteran as defined by paragraph (1)(A) of this
section;
(E) the wife or husband of a service-
connected disabled veteran if the veteran has
been unable to qualify for any appointment in
the civil service or in the government of the
District of Columbia;
(F) the parent of an individual who lost his
or her life under honorable conditions while
serving in the armed forces during a period
named by paragraph (1)(A) of this section, if--
(i) the spouse of that parent is
totally and permanently disabled; or
(ii) that parent, when preference is
claimed, is unmarried or, if married,
legally separated from his or her
spouse;
(G) the parent of a service-connected
permanently and totally disabled veteran, if--
(i) the spouse of that parent is
totally and permanently disabled; or
(ii) that parent, when preference is
claimed, is unmarried or, if married,
legally separated from his or her
spouse; and
(H) a veteran who was discharged or released
from a period of active duty by reason of a
sole survivorship discharge (as that term is
defined in section 1174(i) of title 10);
but does not include applicants for, or members of, the
Senior Executive Service, the Defense Intelligence
Senior Executive Service, the Senior Cryptologic
Executive Service, or the Federal Bureau of
Investigation and Drug Enforcement Administration
Senior Executive Service;
[(4) except for the purposes of chapters 43 and 75 of
this title, ``preference eligible'' does not include a
retired member of the armed forces unless--
[(A) the individual is a disabled veteran; or
[(B) the individual retired below the rank of
major or its equivalent; and]
(4) ``preference eligible'' includes a retired member
of the armed forces; and
(5) ``retired member of the armed forces'' means a
member or former member of the armed forces who is
entitled, under statute, to retired, retirement, or
retainer pay on account of service as a member.
* * * * * * *
[all]