[115th Congress Public Law 41]
[From the U.S. Government Publishing Office]
[[Page 861]]
DEPARTMENT OF VETERANS AFFAIRS ACCOUNTABILITY AND WHISTLEBLOWER
PROTECTION ACT OF 2017
[[Page 131 STAT. 862]]
Public Law 115-41
115th Congress
An Act
To amend title 38, United States Code, to improve the accountability of
employees of the Department of Veterans Affairs, and for other
purposes. <<NOTE: June 23, 2017 - [S. 1094]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Department of
Veterans Affairs Accountability and Whistleblower Protection Act of
2017. 38 USC 101 note.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Department of
Veterans Affairs Accountability and Whistleblower Protection Act of
2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--OFFICE OF ACCOUNTABILITY AND WHISTLEBLOWER PROTECTION
Sec. 101. Establishment of Office of Accountability and Whistleblower
Protection.
Sec. 102. Protection of whistleblowers in Department of Veterans
Affairs.
Sec. 103. Report on methods used to investigate employees of Department
of Veterans Affairs.
TITLE II--ACCOUNTABILITY OF SENIOR EXECUTIVES, SUPERVISORS, AND OTHER
EMPLOYEES
Sec. 201. Improved authorities of Secretary of Veterans Affairs to
improve accountability of senior executives.
Sec. 202. Improved authorities of Secretary of Veterans Affairs to
improve accountability of employees.
Sec. 203. Reduction of benefits for Department of Veterans Affairs
employees convicted of certain crimes.
Sec. 204. Authority to recoup bonuses or awards paid to employees of
Department of Veterans Affairs.
Sec. 205. Authority to recoup relocation expenses paid to or on behalf
of employees of Department of Veterans Affairs.
Sec. 206. Time period for response to notice of adverse actions against
supervisory employees who commit prohibited personnel
actions.
Sec. 207. Direct hiring authority for medical center directors and VISN
directors.
Sec. 208. Time periods for review of adverse actions with respect to
certain employees.
Sec. 209. Improvement of training for supervisors.
Sec. 210. Assessment and report on effect on senior executives at
Department of Veterans Affairs.
Sec. 211. Measurement of Department of Veterans Affairs disciplinary
process outcomes and effectiveness.
[[Page 131 STAT. 863]]
TITLE I--OFFICE OF ACCOUNTABILITY AND WHISTLEBLOWER PROTECTION
SEC. 101. ESTABLISHMENT OF OFFICE OF ACCOUNTABILITY AND
WHISTLEBLOWER PROTECTION.
(a) In General.--Chapter 3 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 323. <<NOTE: 38 USC 323.>> Office of Accountability and
Whistleblower Protection
``(a) Establishment.--There is established in the Department an
office to be known as the `Office of Accountability and Whistleblower
Protection' (in this section referred to as the `Office').
``(b) <<NOTE: President.>> Head of Office.--(1) The head of the
Office shall be responsible for the functions of the Office and shall be
appointed by the President pursuant to section 308(a) of this title.
``(2) The head of the Office shall be known as the `Assistant
Secretary for Accountability and Whistleblower Protection'.
``(3) The Assistant Secretary shall report directly to the Secretary
on all matters relating to the Office.
``(4) Notwithstanding section 308(b) of this title, the Secretary
may only assign to the Assistant Secretary responsibilities relating to
the functions of the Office set forth in subsection (c).
``(c) Functions.--(1) The functions of the Office are as follows:
``(A) Advising the Secretary on all matters of the
Department relating to accountability, including accountability
of employees of the Department, retaliation against
whistleblowers, and such matters as the Secretary considers
similar and affect public trust in the Department.
``(B) Issuing reports and providing recommendations related
to the duties described in subparagraph (A).
``(C) Receiving whistleblower disclosures.
``(D) Referring whistleblower disclosures received under
subparagraph (C) for investigation to the Office of the Medical
Inspector, the Office of Inspector General, or other
investigative entity, as appropriate, if the Assistant Secretary
has reason to believe the whistleblower disclosure is evidence
of a violation of a provision of law, mismanagement, gross waste
of funds, abuse of authority, or a substantial and specific
danger to public health or safety.
``(E) Receiving and referring disclosures from the Special
Counsel for investigation to the Medical Inspector of the
Department, the Inspector General of the Department, or such
other person with investigatory authority, as the Assistant
Secretary considers appropriate.
``(F) Recording, tracking, reviewing, and confirming
implementation of recommendations from audits and investigations
carried out by the Inspector General of the Department, the
Medical Inspector of the Department, the Special Counsel, and
the Comptroller General of the United States, including the
imposition of disciplinary actions and other corrective actions
contained in such recommendations.
``(G) Analyzing data from the Office and the Office of
Inspector General telephone hotlines, other whistleblower
disclosures, disaggregated by facility and area of health care
if appropriate, and relevant audits and investigations to
identify
[[Page 131 STAT. 864]]
trends and issue reports to the Secretary based on analysis
conducted under this subparagraph.
``(H) Receiving, reviewing, and investigating allegations of
misconduct, retaliation, or poor performance involving--
``(i) an individual in a senior executive position
(as defined in section 713(d) of this title) in the
Department;
``(ii) an individual employed in a confidential,
policy-making, policy-determining, or policy-advocating
position in the Department; or
``(iii) a supervisory employee, if the allegation
involves retaliation against an employee for making a
whistleblower disclosure.
``(I) Making such recommendations to the Secretary for
disciplinary action as the Assistant Secretary considers
appropriate after substantiating any allegation of misconduct or
poor performance pursuant to an investigation carried out as
described in subparagraph (F) or (H).
``(2) <<NOTE: Communication and tele- communications. Website.>> In
carrying out the functions of the Office, the Assistant Secretary shall
ensure that the Office maintains a toll-free telephone number and
Internet website to receive anonymous whistleblower disclosures.
``(3) In any case in which the Assistant Secretary receives a
whistleblower disclosure from an employee of the Department under
paragraph (1)(C), the Assistant Secretary may not disclose the identity
of the employee without the consent of the employee, except in
accordance with the provisions of section 552a of title 5, or as
required by any other applicable provision of Federal law.
``(d) Staff and Resources.--The Secretary shall ensure that the
Assistant Secretary has such staff, resources, and access to information
as may be necessary to carry out the functions of the Office.
``(e) Relation to Office of General Counsel.--The Office shall not
be established as an element of the Office of the General Counsel and
the Assistant Secretary may not report to the General Counsel.
``(f) <<NOTE: Effective date. Time period.>> Reports.--(1)(A) Not
later than June 30 of each calendar year, beginning with June 30, 2017,
the Assistant Secretary shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report on the activities of the Office during
the calendar year in which the report is submitted.
``(B) <<NOTE: Recommenda- tions.>> Each report submitted under
subparagraph (A) shall include, for the period covered by the report,
the following:
``(i) <<NOTE: Analysis.>> A full and substantive analysis
of the activities of the Office, including such statistical
information as the Assistant Secretary considers appropriate.
``(ii) Identification of any issues reported to the
Secretary under subsection (c)(1)(G), including such data as the
Assistant Secretary considers relevant to such issues and any
trends the Assistant Secretary may have identified with respect
to such issues.
``(iii) Identification of such concerns as the Assistant
Secretary may have regarding the size, staffing, and resources
of the Office and such recommendations as the Assistant
Secretary may have for legislative or administrative action to
address such concerns.
[[Page 131 STAT. 865]]
``(iv) Such recommendations as the Assistant Secretary may
have for legislative or administrative action to improve--
``(I) the process by which concerns are reported to
the Office; and
``(II) the protection of whistleblowers within the
Department.
``(v) Such other matters as the Assistant Secretary
considers appropriate regarding the functions of the Office or
other matters relating to the Office.
``(2) <<NOTE: Deadline. Notification.>> If the Secretary receives a
recommendation for disciplinary action under subsection (c)(1)(I) and
does not take or initiate the recommended disciplinary action before the
date that is 60 days after the date on which the Secretary received the
recommendation, 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 detailed justification for not taking or
initiating such disciplinary action.
``(g) Definitions.--In this section:
``(1) The term `supervisory employee' means an employee of
the Department who is a supervisor as defined in section 7103(a)
of title 5.
``(2) The term `whistleblower' means one who makes a
whistleblower disclosure.
``(3) The term `whistleblower disclosure' means any
disclosure of information by an employee of the Department or
individual applying to become an employee of the Department
which the employee or individual reasonably believes evidences--
``(A) a violation of a law, rule, or regulation; or
``(B) gross mismanagement, a gross waste of funds,
an abuse of authority, or a substantial and specific
danger to public health or safety.''.
(b) Conforming Amendment.--Section 308(b) of such title is amended
by adding at the end the following new paragraph:
``(12) The functions set forth in section 323(c) of this
title.''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 3 of such title <<NOTE: 38 USC 301 prec.>> is amended by adding
at the end the following new item:
``323. Office of Accountability and Whistleblower Protection.''.
SEC. 102. PROTECTION OF WHISTLEBLOWERS IN DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Subchapter II of chapter 7 of title 38, United
States Code, is amended by--
(1) striking sections 731, 732, 734, 735, and 736;
(2) by redesignating section 733 as section 731; and
(3) by adding at the end the following new sections:
``Sec. 732. <<NOTE: 38 USC 732.>> Protection of whistleblowers as
criteria in evaluation of supervisors
``(a) <<NOTE: Consultation.>> Development and Use of Criteria
Required.--The Secretary, in consultation with the Assistant Secretary
of Accountability and Whistleblower Protection, shall develop criteria
that--
``(1) the Secretary shall use as a critical element in any
evaluation of the performance of a supervisory employee; and
``(2) promotes the protection of whistleblowers.
[[Page 131 STAT. 866]]
``(b) Principles for Protection of Whistleblowers.--The criteria
required by subsection (a) shall include principles for the protection
of whistleblowers, such as the degree to which supervisory employees
respond constructively when employees of the Department report concerns,
take responsible action to resolve such concerns, and foster an
environment in which employees of the Department feel comfortable
reporting concerns to supervisory employees or to the appropriate
authorities.
``(c) Supervisory Employee and Whistleblower Defined.--In this
section, the terms `supervisory employee' and `whistleblower' have the
meanings given such terms in section 323 of this title.
``Sec. 733. <<NOTE: 38 USC 733.>> Training regarding
whistleblower disclosures
``(a) <<NOTE: Time period. Coordination.>> Training.--Not less
frequently than once every two years, the Secretary, in coordination
with the Whistleblower Protection Ombudsman designated under section
3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. App.), shall
provide to each employee of the Department training regarding
whistleblower disclosures, including--
``(1) an explanation of each method established by law in
which an employee may file a whistleblower disclosure;
``(2) the right of the employee to petition Congress
regarding a whistleblower disclosure in accordance with section
7211 of title 5;
``(3) an explanation that the employee may not be prosecuted
or reprised against for disclosing information to Congress, the
Inspector General, or another investigatory agency in instances
where such disclosure is permitted by law, including under
sections 5701, 5705, and 7732 of this title, under section 552a
of title 5 (commonly referred to as the Privacy Act), under
chapter 93 of title 18, and pursuant to regulations promulgated
under section 264(c) of the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191);
``(4) an explanation of the language that is required to be
included in all nondisclosure policies, forms, and agreements
pursuant to section 115(a)(1) of the Whistleblower Protection
Enhancement Act of 2012 (5 U.S.C. 2302 note); and
``(5) the right of contractors to be protected from reprisal
for the disclosure of certain information under section 4705 or
4712 of title 41.
``(b) Manner Training Is Provided.--The Secretary shall ensure, to
the maximum extent practicable, that training provided under subsection
(a) is provided in person.
``(c) <<NOTE: Time period.>> Certification.--Not less frequently
than once every two years, the Secretary shall provide training on merit
system protection in a manner that the Special Counsel certifies as
being satisfactory.
``(d) <<NOTE: Web posting.>> Publication.--The Secretary shall
publish on the Internet website of the Department, and display
prominently at each facility of the Department, the rights of an
employee to make a whistleblower disclosure, including the information
described in paragraphs (1) through (5) of subsection (a).
``(e) Whistleblower Disclosure Defined.--In this section, the term
`whistleblower disclosure' has the meaning given such term in section
323 of this title.''.
[[Page 131 STAT. 867]]
(b) Clerical Amendments.--The table of sections at the beginning of
such chapter <<NOTE: 38 USC 701 prec.>> is amended--
(1) by striking the items relating to sections 731 through
736; and
(2) by adding at the end the following new items:
``731. Adverse actions against supervisory employees who commit
prohibited personnel actions relating to whistleblower
complaints.
``732. Protection of whistleblowers as criteria in evaluation of
supervisors.
``733. Training regarding whistleblower disclosures.''.
(c) Conforming Amendments.--Section 731 of such title, as
redesignated by subsection (a)(2), is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) by striking subparagraphs (A) and (B) and
inserting the following:
``(A) making a whistleblower disclosure to the
Assistant Secretary for Accountability and Whistleblower
Protection, the Inspector General of the Department, the
Special Counsel, or Congress;''; and
(ii) by redesignating subparagraphs (C)
through (F) as subparagraphs (B) through (E),
respectively; and
(iii) in subparagraph (B), as redesignated by
clause (ii), by striking ``complaint in accordance
with section 732 or with'' and inserting
``disclosure made to the Assistant Secretary for
Accountability and Whistleblower Protection,'';
and
(B) in paragraph (2), by striking ``through (F)''
and inserting ``through (E)''; and
(2) by adding at the end the following new subsection:
``(d) Whistleblower Disclosure Defined.--In this section, the term
`whistleblower disclosure' has the meaning given such term in section
323(g) of this title.''.
SEC. 103. REPORT ON METHODS USED TO INVESTIGATE EMPLOYEES OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Report Required.--Not later than 540 days after the date of the
enactment of this Act, the Assistant Secretary for Accountability and
Whistleblower Protection shall submit to the Secretary of Veterans
Affairs, the Committee on Veterans' Affairs of the Senate, and the
Committee on Veterans' Affairs of the House of Representatives a report
on methods used to investigate employees of the Department of Veterans
Affairs and whether such methods are used to retaliate against
whistleblowers.
(b) Contents.--The report required by subsection (a) shall include
the following:
(1) <<NOTE: Assessment.>> An assessment of the use of
administrative investigation boards, peer review, searches of
medical records, and other methods for investigating employees
of the Department.
(2) <<NOTE: Determination.>> A determination of whether and
to what degree the methods described in paragraph (1) are being
used to retaliate against whistleblowers.
(3) <<NOTE: Recommenda- tions.>> Recommendations for
legislative or administrative action to implement safeguards to
prevent the retaliation described in paragraph (2).
[[Page 131 STAT. 868]]
(c) Whistleblower Defined.--In this section, the term
``whistleblower'' has the meaning given such term in section 323 of
title 38, United States Code, as added by section 101.
TITLE II--ACCOUNTABILITY OF SENIOR EXECUTIVES, SUPERVISORS, AND OTHER
EMPLOYEES
SEC. 201. IMPROVED AUTHORITIES OF SECRETARY OF VETERANS AFFAIRS TO
IMPROVE ACCOUNTABILITY OF SENIOR
EXECUTIVES.
(a) In General.--Section 713 of title 38, United States Code, is
amended to read as follows:
``Sec. 713. Senior executives: removal, demotion, or suspension
based on performance or misconduct
``(a) <<NOTE: Determination.>> Authority.--(1) The Secretary may,
as provided in this section, reprimand or suspend, involuntarily
reassign, demote, or remove a covered individual from a senior executive
position at the Department if the Secretary determines that the
misconduct or performance of the covered individual warrants such
action.
``(2) If the Secretary so removes such an individual, the Secretary
may remove the individual from the civil service (as defined in section
2101 of title 5).
``(b) Rights and Procedures.--(1) A covered individual who is the
subject of an action under subsection (a) is entitled to--
``(A) <<NOTE: Notification.>> advance notice of the action
and a file containing all evidence in support of the proposed
action;
``(B) be represented by an attorney or other representative
of the covered individual's choice; and
``(C) <<NOTE: Consultation.>> grieve the action in
accordance with an internal grievance process that the
Secretary, in consultation with the Assistant Secretary for
Accountability and Whistleblower Protection, shall establish for
purposes of this subsection.
``(2)(A) <<NOTE: Time periods.>> The aggregate period for notice,
response, and decision on an action under subsection (a) may not exceed
15 business days.
``(B) The period for the response of a covered individual to a
notice under paragraph (1)(A) of an action under subsection (a) shall be
7 business days.
``(C) <<NOTE: Deadline. Notification.>> A decision under this
paragraph on an action under subsection (a) shall be issued not later
than 15 business days after notice of the action is provided to the
covered individual under paragraph (1)(A). The decision shall be in
writing, and shall include the specific reasons therefor.
``(3) <<NOTE: Time period.>> The Secretary shall ensure that the
grievance process established under paragraph (1)(C) takes fewer than 21
days.
``(4) A decision under paragraph (2) that is not grieved, and a
grievance decision under paragraph (3), shall be final and conclusive.
``(5) A covered individual adversely affected by a decision under
paragraph (2) that is not grieved, or by a grievance decision under
paragraph (3), may obtain judicial review of such decision.
[[Page 131 STAT. 869]]
``(6) <<NOTE: Courts. Review.>> In any case in which judicial
review is sought under paragraph (5), the court shall review the record
and may set aside any Department action found to be--
``(A) arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with a provision of law;
``(B) obtained without procedures required by a provision of
law having been followed; or
``(C) unsupported by substantial evidence.
``(c) Relation to Other Provisions of Law.--Section 3592(b)(1) of
title 5 and the procedures under section 7543(b) of such title do not
apply to an action under subsection (a).
``(d) Definitions.--In this section:
``(1) The term `covered individual' means--
``(A) a career appointee (as that term is defined in
section 3132(a)(4) of title 5); or
``(B) any individual who occupies an administrative
or executive position and who was appointed under
section 7306(a), section 7401(1), or section 7401(4) of
this title.
``(2) The term `misconduct' includes neglect of duty,
malfeasance, or failure to accept a directed reassignment or to
accompany a position in a transfer of function.
``(3) The term `senior executive position' means--
``(A) with respect to a career appointee (as that
term is defined in section 3132(a) of title 5), a Senior
Executive Service position (as such term is defined in
such section); and
``(B) with respect to a covered individual appointed
under section 7306(a) or section 7401(1) of this title,
an administrative or executive position.''.
(b) Conforming Amendment.--Section 7461(c)(1) of such title is
amended by inserting ``employees in senior executive positions (as
defined in section 713(d) of this title) and'' before ``interns''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title <<NOTE: 38 USC 701 prec.>> is amended by
striking the item relating to section 713 and inserting the following
new item:
``713. Senior executives: removal, demotion, or suspension based on
performance or misconduct.''.
SEC. 202. IMPROVED AUTHORITIES OF SECRETARY OF VETERANS AFFAIRS TO
IMPROVE ACCOUNTABILITY OF EMPLOYEES.
(a) In General.--Subchapter I of chapter 7 of title 38, United
States Code, is amended by inserting after section 713 the following new
section:
``Sec. 714. <<NOTE: 38 USC 714.>> Employees: removal, demotion,
or suspension based on performance or misconduct
``(a) <<NOTE: Determinations.>> In General.--(1) The Secretary may
remove, demote, or suspend a covered individual who is an employee of
the Department if the Secretary determines the performance or misconduct
of the covered individual warrants such removal, demotion, or
suspension.
``(2) If the Secretary so removes, demotes, or suspends such a
covered individual, the Secretary may--
``(A) remove the covered individual from the civil service
(as defined in section 2101 of title 5);
``(B) demote the covered individual by means of a reduction
in grade for which the covered individual is qualified, that
[[Page 131 STAT. 870]]
the Secretary determines is appropriate, and that reduces the
annual rate of pay of the covered individual; or
``(C) suspend the covered individual.
``(b) Pay of Certain Demoted Individuals.--(1) <<NOTE: Effective
date.>> Notwithstanding any other provision of law, any covered
individual subject to a demotion under subsection (a)(2) shall,
beginning on the date of such demotion, receive the annual rate of pay
applicable to such grade.
``(2)(A) A covered individual so demoted may not be placed on
administrative leave during the period during which an appeal (if any)
under this section is ongoing, and may only receive pay if the covered
individual reports for duty or is approved to use accrued unused annual,
sick, family medical, military, or court leave.
``(B) If a covered individual so demoted does not report for duty or
receive approval to use accrued unused leave, such covered individual
shall not receive pay or other benefits pursuant to subsection (d)(5).
``(c) <<NOTE: Time periods.>> Procedure.--(1)(A) The aggregate
period for notice, response, and final decision in a removal, demotion,
or suspension under this section may not exceed 15 business days.
``(B) The period for the response of a covered individual to a
notice of a proposed removal, demotion, or suspension under this section
shall be 7 business days.
``(C) <<NOTE: Applicability.>> Paragraph (3) of subsection (b) of
section 7513 of title 5 shall apply with respect to a removal, demotion,
or suspension under this section.
``(D) The procedures in this subsection shall supersede any
collective bargaining agreement to the extent that such agreement is
inconsistent with such procedures.
``(2) <<NOTE: Deadline. Notification.>> The Secretary shall issue a
final decision with respect to a removal, demotion, or suspension under
this section not later than 15 business days after the Secretary
provides notice, including a file containing all the evidence in support
of the proposed action, to the covered individual of the removal,
demotion, or suspension. The decision shall be in writing and shall
include the specific reasons therefor.
``(3) The procedures under chapter 43 of title 5 shall not apply to
a removal, demotion, or suspension under this section.
``(4)(A) <<NOTE: Time period.>> Subject to subparagraph (B) and
subsection (d), any removal or demotion under this section, and any
suspension of more than 14 days under this section, may be appealed to
the Merit Systems Protection Board, which shall refer such appeal to an
administrative judge pursuant to section 7701(b)(1) of title 5.
``(B) <<NOTE: Deadline.>> An appeal under subparagraph (A) of a
removal, demotion, or suspension may only be made if such appeal is made
not later than 10 business days after the date of such removal,
demotion, or suspension.
``(d) <<NOTE: Deadline.>> Expedited Review.--(1) Upon receipt of an
appeal under subsection (c)(4)(A), the administrative judge shall
expedite any such appeal under section 7701(b)(1) of title 5 and, in any
such case, shall issue a final and complete decision not later than 180
days after the date of the appeal.
``(2)(A) Notwithstanding section 7701(c)(1)(B) of title 5, the
administrative judge shall uphold the decision of the Secretary
[[Page 131 STAT. 871]]
to remove, demote, or suspend an employee under subsection (a) if the
decision is supported by substantial evidence.
``(B) Notwithstanding title 5 or any other provision of law, if the
decision of the Secretary is supported by substantial evidence, the
administrative judge shall not mitigate the penalty prescribed by the
Secretary.
``(3)(A) The decision of the administrative judge under paragraph
(1) may be appealed to the Merit Systems Protection Board.
``(B) Notwithstanding section 7701(c)(1)(B) of title 5, the Merit
Systems Protection Board shall uphold the decision of the Secretary to
remove, demote, or suspend an employee under subsection (a) if the
decision is supported by substantial evidence.
``(C) Notwithstanding title 5 or any other provision of law, if the
decision of the Secretary is supported by substantial evidence, the
Merit Systems Protection Board shall not mitigate the penalty prescribed
by the Secretary.
``(4) <<NOTE: Time period. Deadline. Reports.>> In any case in
which the administrative judge cannot issue a decision in accordance
with the 180-day requirement under paragraph (1), the Merit Systems
Protection Board shall, not later than 14 business days after the
expiration of the 180-day period, submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report that explains the reasons why a
decision was not issued in accordance with such requirement.
``(5)(A) A decision of the Merit Systems Protection Board under
paragraph (3) may be appealed to the United States Court of Appeals for
the Federal Circuit pursuant to section 7703 of title 5 or to any court
of appeals of competent jurisdiction pursuant to subsection (b)(1)(B) of
such section.
``(B) <<NOTE: Compliance.>> Any decision by such Court shall be in
compliance with section 7462(f)(2) of this title.
``(6) The Merit Systems Protection Board may not stay any removal or
demotion under this section, except as provided in section 1214(b) of
title 5.
``(7) <<NOTE: Time period.>> During the period beginning on the
date on which a covered individual appeals a removal from the civil
service under subsection (c) and ending on the date that the United
States Court of Appeals for the Federal Circuit issues a final decision
on such appeal, such covered individual may not receive any pay, awards,
bonuses, incentives, allowances, differentials, student loan repayments,
special payments, or benefits related to the employment of the
individual by the Department.
``(8) To the maximum extent practicable, the Secretary shall provide
to the Merit Systems Protection Board such information and assistance as
may be necessary to ensure an appeal under this subsection is expedited.
``(9) If an employee prevails on appeal under this section, the
employee shall be entitled to backpay (as provided in section 5596 of
title 5).
``(10) <<NOTE: Applicability.>> If an employee who is subject to a
collective bargaining agreement chooses to grieve an action taken under
this section through a grievance procedure provided under the collective
bargaining agreement, the timelines and procedures set forth in
subsection (c) and this subsection shall apply.
``(e) Whistleblower Protection.--(1) In the case of a covered
individual seeking corrective action (or on behalf of whom corrective
action is sought) from the Office of Special Counsel based on an
[[Page 131 STAT. 872]]
alleged prohibited personnel practice described in section 2302(b) of
title 5, the Secretary may not remove, demote, or suspend such covered
individual under subsection (a) without the approval of the Special
Counsel under section 1214(f) of title 5.
``(2) <<NOTE: Determinations.>> In the case of a covered individual
who has made a whistleblower disclosure to the Assistant Secretary for
Accountability and Whistleblower Protection, the Secretary may not
remove, demote, or suspend such covered individual under subsection (a)
until--
``(A) in the case in which the Assistant Secretary
determines to refer the whistleblower disclosure under section
323(c)(1)(D) of this title to an office or other investigative
entity, a final decision with respect to the whistleblower
disclosure has been made by such office or other investigative
entity; or
``(B) in the case in which the Assistant Secretary
determines not to the refer the whistleblower disclosure under
such section, the Assistant Secretary makes such determination.
``(f) Termination of Investigations by Office of Special Counsel.--
(1) Notwithstanding any other provision of law, the Special Counsel
(established by section 1211 of title 5) may terminate an investigation
of a prohibited personnel practice alleged by an employee or former
employee of the Department after the Special Counsel provides to the
employee or former employee a written statement of the reasons for the
termination of the investigation.
``(2) Such statement may not be admissible as evidence in any
judicial or administrative proceeding without the consent of such
employee or former employee.
``(g) Vacancies.--In the case of a covered individual who is removed
or demoted under subsection (a), to the maximum extent feasible, the
Secretary shall fill the vacancy arising as a result of such removal or
demotion.
``(h) Definitions.--In this section:
``(1) The term `covered individual' means an individual
occupying a position at the Department, but does not include--
``(A) an individual occupying a senior executive
position (as defined in section 713(d) of this title);
``(B) an individual appointed pursuant to sections
7306, 7401(1), 7401(4), or 7405 of this title;
``(C) an individual who has not completed a
probationary or trial period; or
``(D) a political appointee.
``(2) <<NOTE: Time period.>> The term `suspend' means the
placing of an employee, for disciplinary reasons, in a temporary
status without duties and pay for a period in excess of 14 days.
``(3) The term `grade' has the meaning given such term in
section 7511(a) of title 5.
``(4) The term `misconduct' includes neglect of duty,
malfeasance, or failure to accept a directed reassignment or to
accompany a position in a transfer of function.
``(5) The term `political appointee' means an individual who
is--
``(A) employed in a position described under
sections 5312 through 5316 of title 5 (relating to the
Executive Schedule);
``(B) a limited term appointee, limited emergency
appointee, or noncareer appointee in the Senior
Executive
[[Page 131 STAT. 873]]
Service, as defined under paragraphs (5), (6), and (7),
respectively, of section 3132(a) of title 5; or
``(C) employed in a position of a confidential or
policy-determining character under schedule C of subpart
C of part 213 of title 5, Code of Federal Regulations,
or successor regulation.
``(6) The term `whistleblower disclosure' has the meaning
given such term in section 323(g) of this title.''.
(b) Clerical and Conforming Amendments.--
(1) Clerical.--The table of sections at the beginning of
chapter 7 of such title <<NOTE: 38 USC 701 prec.>> is amended
by inserting after the item relating to section 713 the
following new item:
``714. Employees: removal, demotion, or suspension based on performance
or misconduct.''.
(2) Conforming.--Section 4303(f) of title 5, United States
Code, is amended--
(A) in paragraph (2), by striking ``or'' at the end;
(B) in paragraph (3), by striking the period at the
end and inserting ``, or''; and
(C) by adding at the end the following:
``(4) any removal or demotion under section 714 of title
38.''.
SEC. 203. REDUCTION OF BENEFITS FOR DEPARTMENT OF VETERANS AFFAIRS
EMPLOYEES CONVICTED OF CERTAIN CRIMES.
(a) Reduction of Benefits.--
(1) In general.--Subchapter I of chapter 7 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 719. <<NOTE: 38 USC 719.>> Reduction of benefits of
employees convicted of certain crimes
``(a) Reduction of Annuity for Removed Employee.--
(1) <<NOTE: Deadlines.>> The Secretary shall order that the covered
service of an employee of the Department removed from a position for
performance or misconduct under section 713, 714, or 7461 of this title
or any other provision of law shall not be taken into account for
purposes of calculating an annuity with respect to such individual under
chapter 83 or chapter 84 of title 5, if--
``(A) <<NOTE: Determination.>> the Secretary determines
that the individual is convicted of a felony (and the conviction
is final) that influenced the individual's performance while
employed in the position; and
``(B) before such order is made, the individual is
afforded--
``(i) <<NOTE: Notification.>> notice of the
proposed order; and
``(ii) an opportunity to respond to the proposed
order by not later than ten business days following
receipt of such notice; and
``(C) the Secretary issues the order--
``(i) in the case of a proposed order to which an
individual responds under subparagraph (B)(ii), not
later than five business days after receiving the
response of the individual; or
``(ii) in the case of a proposed order to which an
individual does not respond, not later than 15 business
days after the Secretary provides notice to the
individual under subparagraph (B)(i).
[[Page 131 STAT. 874]]
``(2) Any individual with respect to whom an annuity is reduced
under this subsection may appeal the reduction to the Director of the
Office of Personnel Management pursuant to such regulations as the
Director may prescribe for purposes of this subsection.
``(b) <<NOTE: Deadlines.>> Reduction of Annuity for Retired
Employee.--(1) The Secretary may order that the covered service of an
individual who the Secretary proposes to remove for performance or
misconduct under section 713, 714, or 7461 of this title or any other
provision of law but who leaves employment at the Department prior to
the issuance of a final decision with respect to such action shall not
be taken into account for purposes of calculating an annuity with
respect to such individual under chapter 83 or chapter 84 of title 5,
if--
``(A) <<NOTE: Determination.>> the Secretary determines
that individual is convicted of a felony (and the conviction is
final) that influenced the individual's performance while
employed in the position; and
``(B) before such order is made, the individual is
afforded--
``(i) <<NOTE: Notification.>> notice of the
proposed order;
``(ii) opportunity to respond to the proposed order
by not later than ten business days following receipt of
such notice; and
``(C) the Secretary issues the order--
``(i) in the case of a proposed order to which an
individual responds under subparagraph (B)(ii), not
later than five business days after receiving the
response of the individual; or
``(ii) in the case of a proposed order to which an
individual does not respond, not later than 15 business
days after the Secretary provides notice to the
individual under subparagraph (B)(i).
``(2) <<NOTE: Time period.>> Upon the issuance of an order by the
Secretary under paragraph (1), the individual shall have an opportunity
to appeal the order to the Director of the Office of Personnel
Management before the date that is seven business days after the date of
such issuance.
``(3) The Director of the Office of Personnel Management shall make
a final decision with respect to an appeal under paragraph (2) within 30
business days of receiving the appeal.
``(c) <<NOTE: Deadline.>> Administrative Requirements.--Not later
than 37 business days after the Secretary issues a final order under
subsection (a) or (b) with respect to an individual, the Director of the
Office of Personnel Management shall recalculate the annuity of the
individual.
``(d) Lump-Sum Annuity Credit.--Any individual with respect to whom
an annuity is reduced under subsection (a) or (b) shall be entitled to
be paid so much of such individual's lump-sum credit as is attributable
to the period of covered service.
``(e) <<NOTE: Consultation. Regulations.>> Spouse or Children
Exception.--(1) The Secretary, in consultation with the Director of the
Office of Personnel Management, shall prescribe regulations that may
provide for the payment to the spouse or children of any individual
referred to in subsection (a) or (b) of any amounts which (but for this
subsection) would otherwise have been nonpayable by reason of such
subsections.
``(2) Regulations prescribed under paragraph (1) shall be consistent
with the requirements of section 8332(o)(5) and 8411(l)(5) of title 5,
as the case may be.
``(f) Definitions.--In this section:
[[Page 131 STAT. 875]]
``(1) <<NOTE: Time period. Determination.>> The term
`covered service' means, with respect to an individual subject
to a removal for performance or misconduct under section 719 or
7461 of this title or any other provision of law, the period of
service beginning on the date that the Secretary determines
under such applicable provision that the individual engaged in
activity that gave rise to such action and ending on the date
that the individual is removed from or leaves a position of
employment at the Department prior to the issuance of a final
decision with respect to such action.
``(2) The term `lump-sum credit' has the meaning given such
term in section 8331(8) or section 8401(19) of title 5, as the
case may be.
``(3) The term `service' has the meaning given such term in
section 8331(12) or section 8401(26) of title 5, as the case may
be.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 7 of such title <<NOTE: 38 USC 701 prec.>>
is amended by inserting after the item relating to section 717
the following new item:
``719. Reduction of benefits of employees convicted of certain
crimes.''.
(b) <<NOTE: 38 USC 719 note.>> Application.--Section 719 of title
38, United States Code, as added by subsection (a)(1), shall apply to
any action of removal of an employee of the Department of Veterans
Affairs under section 719 or 7461 of such title or any other provision
of law, commencing on or after the date of the enactment of this Act.
SEC. 204. AUTHORITY TO RECOUP BONUSES OR AWARDS PAID TO EMPLOYEES
OF DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Subchapter I of chapter 7 of title 38, United
States Code, as amended by section 203, is further amended by adding at
the end the following new section:
``Sec. 721. <<NOTE: 38 USC 721.>> Recoupment of bonuses or awards
paid to employees of Department
``(a) <<NOTE: Deadlines.>> In General.--Notwithstanding any other
provision of law, the Secretary may issue an order directing an employee
of the Department to repay the amount, or a portion of the amount, of
any award or bonus paid to the employee under title 5, including under
chapters 45 or 53 of such title, or this title if--
``(1) <<NOTE: Determination.>> the Secretary determines
that the individual engaged in misconduct or poor performance
prior to payment of the award or bonus, and that such award or
bonus would not have been paid, in whole or in part, had the
misconduct or poor performance been known prior to payment; and
``(2) before such repayment, the employee is afforded--
``(A) <<NOTE: Notification.>> notice of the
proposed order; and
``(B) an opportunity to respond to the proposed
order by not later than 10 business days after the
receipt of such notice; and
``(3) the Secretary issues the order--
``(A) in the case of a proposed order to which an
individual responds under paragraph (2)(B), not later
than five business days after receiving the response of
the individual; or
``(B) in the case of a proposed order to which an
individual does not respond, not later than 15 business
days
[[Page 131 STAT. 876]]
after the Secretary provides notice to the individual
under paragraph (2)(A).
``(b) <<NOTE: Time period.>> Appeal of Order of Secretary.--(1)
Upon the issuance of an order by the Secretary under subsection (a) with
respect to an individual, the individual shall have an opportunity to
appeal the order to the Director of the Office of Personnel Management
before the date that is seven business days after the date of such
issuance.
``(2) <<NOTE: Deadline.>> The Director shall make a final decision
with respect to an appeal under paragraph (1) within 30 business days
after receiving such appeal.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter, as amended by section 203(a)(2), <<NOTE: 38 USC 701
prec.>> is further amended by inserting after the item relating to
section 719 the following new item:
``721. Recoupment of bonuses or awards paid to employees of
Department.''.
(c) <<NOTE: Applicability. 38 USC 721 note.>> Effective Date.--
Section 721 of title 38, United States Code, as added by subsection (a),
shall apply with respect to an award or bonus paid by the Secretary of
Veterans Affairs to an employee of the Department of Veterans Affairs on
or after the date of the enactment of this Act.
(d) <<NOTE: 38 USC 713 note.>> Construction.--Nothing in this Act
or the amendments made by this Act may be construed to modify the
certification issued by the Office of Personnel Management and the
Office of Management and Budget regarding the performance appraisal
system of the Senior Executive Service of the Department of Veterans
Affairs.
SEC. 205. AUTHORITY TO RECOUP RELOCATION EXPENSES PAID TO OR ON
BEHALF OF EMPLOYEES OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Subchapter I of chapter 7 of title 38, United
States Code, as amended by section 204, is further amended by adding at
the end the following new section:
``Sec. 723. <<NOTE: 38 USC 723.>> Recoupment of relocation
expenses paid on behalf of employees of Department
``(a) In General.--Notwithstanding any other provision of law, the
Secretary may issue an order directing an employee of the Department to
repay the amount, or a portion of the amount, paid to or on behalf of
the employee under title 5 for relocation expenses, including any
expenses under section 5724 or 5724a of such title, or this title if--
``(1) <<NOTE: Determination.>> the Secretary determines
that relocation expenses were paid following an act of fraud or
malfeasance that influenced the authorization of the relocation
expenses;
``(2) before such repayment, the employee is afforded--
``(A) <<NOTE: Notification.>> notice of the
proposed order; and
``(B) an opportunity to respond to the proposed
order not later than ten business days following the
receipt of such notice; and
``(3) the Secretary issues the order--
``(A) in the case of a proposed order to which an
individual responds under paragraph (2)(B), not later
than five business days after receiving the response of
the individual; or
[[Page 131 STAT. 877]]
``(B) in the case of a proposed order to which an
individual does not respond, not later than 15 business
days after the Secretary provides notice to the
individual under paragraph (2)(A).
``(b) <<NOTE: Time period.>> Appeal of Order of Secretary.--(1)
Upon the issuance of an order by the Secretary under subsection (a) with
respect to an individual, the individual shall have an opportunity to
appeal the order to the Director of the Office of Personnel Management
before the date that is seven business days after the date of such
issuance.
``(2) <<NOTE: Deadline.>> The Director shall make a final decision
with respect to an appeal under paragraph (1) within 30 days after
receiving such appeal.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 38 USC 701 prec.>> is further amended by inserting
after the item relating to section 721, as added by section 204(b), the
following new item:
``723. Recoupment of relocation expenses paid on behalf of employees of
Department.''.
(c) <<NOTE: Applicability. 38 USC 723 note.>> Effective Date.--
Section 723 of title 38, United States Code, as added by subsection (a),
shall apply with respect to an amount paid by the Secretary of Veterans
Affairs to or on behalf of an employee of the Department of Veterans
Affairs for relocation expenses on or after the date of the enactment of
this Act.
SEC. 206. TIME PERIOD FOR RESPONSE TO NOTICE OF ADVERSE ACTIONS
AGAINST SUPERVISORY EMPLOYEES WHO COMMIT
PROHIBITED PERSONNEL ACTIONS.
Section 731(a)(2)(B) of title 38, United States Code, as
redesignated by section 102(a)(2), is amended--
(1) in clause (i), by striking ``14 days'' and inserting
``10 days''; and
(2) in clause (ii), by striking ``14-day period'' and
inserting ``10-day period''.
SEC. 207. DIRECT HIRING AUTHORITY FOR MEDICAL CENTER DIRECTORS AND
VISN DIRECTORS.
(a) In General.--Section 7401 of title 38, United States Code, is
amended by adding at the end the following new paragraph:
``(4) Directors of medical centers and directors of Veterans
Integrated Service Networks with demonstrated ability in the
medical profession, in health care administration, or in health
care fiscal management.''.
(b) Conforming Amendments.--Section 7404(a)(1) of such title is
amended--
(1) by inserting ``(A)'' before ``The annual''; and
(2) in subparagraph (A), as designated by paragraph (1)--
(A) by inserting ``and 7401(4)'' after ``7306''; and
(B) by adding at the end the following new
subparagraph:
``(B) <<NOTE: Applicability.>> Section 5377 of title 5 shall apply
to a position under section 7401(4) of this title as if such position
were included in the definition of `position' in section 5377(a) of
title 5.''.
[[Page 131 STAT. 878]]
SEC. 208. TIME PERIODS FOR REVIEW OF ADVERSE ACTIONS WITH RESPECT
TO CERTAIN EMPLOYEES.
(a) Physicians, Dentists, Podiatrists, Chiropractors, Optometrists,
Registered Nurses, Physician Assistants, and Expanded-function Dental
Auxiliaries.--Paragraph (2) of section 7461(b) of title 38, United
States Code, is amended to read as follows:
``(2) <<NOTE: Appeal.>> In any case other than a case described in
paragraph (1) that involves or includes a question of professional
conduct or competence in which a major adverse action was not taken,
such an appeal shall be made through Department grievance procedures
under section 7463 of this title.''.
(b) Major Adverse Actions Involving Professional Conduct or
Competence.--Section 7462(b) of such title is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
inserting ``, within the aggregate time period specified
in paragraph (5)(A),'' after ``is entitled'';
(B) in subparagraph (A)--
(i) by striking ``At least 30 days advance
written notice'' and inserting ``Advance written
notice'';
(ii) by striking ``and a statement'' and
inserting ``a statement''; and
(iii) by inserting ``and a file containing all
the evidence in support of each charge,'' after
``with respect to each charge,''; and
(C) in subparagraph (B), by striking ``A reasonable
time, but not less than seven days'' and inserting ``The
opportunity, within the time period provided for in
paragraph (4)(A)'';
(2) by striking paragraph (3) and inserting the following
new paragraph (3):
``(3) After considering the employee's answer, if any, and within
the time period provided for in paragraph (5)(B), the deciding official
shall render a decision on the charges. The decision shall be in writing
and shall include the specific reasons therefor.'';
(3) in paragraph (4)--
(A) by striking subparagraph (A) and inserting the
following new subparagraph (A):
``(A) The period for the response of an employee under paragraph
(1)(B) to advance written under paragraph (1)(A) shall be seven business
days.''; and
(B) in subparagraph (B), by striking ``30 days'' and
inserting ``seven business days''; and
(4) by adding at the end the following new paragraphs:
``(5)(A) The aggregate period for the resolution of charges against
an employee under this subsection may not exceed 15 business days.
``(B) <<NOTE: Deadline. Notification.>> The deciding official shall
render a decision under paragraph (3) on charges under this subsection
not later than 15 business days after the Under Secretary provides
notice on the charges for purposes of paragraph (1)(A).
``(6) The procedures in this subsection shall supersede any
collective bargaining agreement to the extent that such agreement is
inconsistent with such procedures.''.
(c) Other Adverse Actions.--Section 7463(c) of such title is
amended--
[[Page 131 STAT. 879]]
(1) in paragraph (1), by striking ``the same notice and
opportunity to answer with respect to those charges as provided
in subparagraphs (A) and (B) of section 7462(b)(1) of this
title'' and inserting ``notice and an opportunity to answer with
respect to those charges in accordance with subparagraphs (A)
and (B) of section 7462(b)(1) of this title, but within the time
periods specified in paragraph (3)'';
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
inserting ``, within the aggregate time period specified
in paragraph (3)(A),'' after ``is entitled'';
(B) in subparagraph (A), by striking ``an advance
written notice'' and inserting ``written notice''; and
(C) in subparagraph (B), by striking ``a reasonable
time'' and inserting ``time to answer''; and
(3) by adding at the end the following new paragraph (3):
``(3)(A) The aggregate period for the resolution of charges against
an employee under paragraph (1) or (2) may not exceed 15 business days.
``(B) The period for the response of an employee under paragraph (1)
or (2)(B) to written notice of charges under paragraph (1) or (2)(A), as
applicable, shall be seven business days.
``(C) <<NOTE: Deadline.>> The deciding official shall render a
decision on charges under paragraph (1) or (2) not later than 15
business days after notice is provided on the charges for purposes of
paragraph (1) or (2)(A), as applicable.''.
SEC. 209. <<NOTE: 38 USC 735 note.>> IMPROVEMENT OF TRAINING FOR
SUPERVISORS.
(a) In General.--The Secretary of Veterans Affairs shall provide to
each employee of the Department of Veterans Affairs who is employed as a
supervisor periodic training on the following:
(1) The rights of whistleblowers and how to address a report
by an employee of a hostile work environment, reprisal, or
harassment.
(2) How to effectively motivate, manage, and reward the
employees who report to the supervisor.
(3) How to effectively manage employees who are performing
at an unacceptable level and access assistance from the human
resources office of the Department and the Office of the General
Counsel of the Department with respect to those employees.
(b) Definitions.--In this section:
(1) Supervisor.--The term ``supervisor'' has the meaning
given such term in section 7103(a) of title 5, United States
Code.
(2) Whistleblower.--The term ``whistleblower'' has the
meaning given such term in section 323(g) of title 38, United
States Code, as added by section 101.
SEC. 210. ASSESSMENT AND REPORT ON EFFECT ON SENIOR EXECUTIVES AT
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than two years after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall--
(1) measure and assess the effect of the enactment of this
title on the morale, engagement, hiring, promotion, retention,
discipline, and productivity of individuals in senior executive
positions at the Department of Veterans Affairs; and
[[Page 131 STAT. 880]]
(2) submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the findings of the Secretary with
respect to the measurement and assessment carried out under
paragraph (1).
(b) Elements.--The assessment required by subsection (a)(1) shall
include the following:
(1) With respect to engagement, trends in morale of
individuals in senior executive positions and individuals
aspiring to senior executive positions.
(2) With respect to promotions--
(A) whether the Department is experiencing an
increase or decrease in the number of employees
participating in leadership development and candidate
development programs with the intention of becoming
candidates for senior executive positions; and
(B) trends in applications to senior executive
positions within the Department.
(3) With respect to retention--
(A) trends in retirement rates of individuals in
senior executive positions at the Department;
(B) trends in quit rates of individuals in senior
executive positions at the Department;
(C) rates of transfer of--
(i) individuals from other Federal agencies
into senior executive positions at the Department;
and
(ii) individuals from senior executive
positions at the Department to other Federal
agencies; and
(D) trends in total loss rates by job function.
(4) With respect to disciplinary processes--
(A) regarding individuals in senior executive
positions at the Department who are the subject of
disciplinary action--
(i) the length of the disciplinary process in
days for such individuals both before the date of
the enactment of this Act and under the provisions
of this Act described in subsection (a)(1); and
(ii) the extent to which appeals by such
individuals are upheld under such provisions as
compared to before the date of the enactment of
this Act;
(B) the components or offices of the Department
which experience the greatest number of proposed adverse
actions against individuals in senior executive
positions and components and offices which experience
the least relative to the size of the components or
offices' total number of senior executive positions;
(C) the tenure of individuals in senior executive
positions who are the subject of disciplinary action;
(D) whether the individuals in senior executive
positions who are the subject of disciplinary action
have previously been disciplined; and
(E) the number of instances of disciplinary action
taken by the Secretary against individuals in senior
executive positions at the Department as compared to
governmentwide discipline against individuals in Senior
Executive Service positions (as defined in section
3132(a) of title 5, United States Code) as a percentage
of the total number
[[Page 131 STAT. 881]]
of individuals in senior executive positions at the
Department and Senior Executive Service positions (as so
defined).
(5) With respect to hiring--
(A) the degree to which the skills of newly hired
individuals in senior executive positions at the
Department are appropriate with respect to the needs of
the Department;
(B) the types of senior executive positions at the
Department most commonly filled under the authorities in
the provisions described in subsection (a)(1);
(C) the number of senior executive positions at the
Department filled by hires outside of the Department
compared to hires from within the Department;
(D) the length of time to fill a senior executive
position at the Department and for a new hire to begin
working in a new senior executive position;
(E) the mission-critical deficiencies filled by
newly hired individuals in senior executive positions
and the connection between mission-critical deficiencies
filled under the provisions described in subsection (a)
and annual performance of the Department;
(F) the satisfaction of applicants for senior
executive positions at the Department with the hiring
process, including the clarity of job announcements,
reasons for withdrawal of applications, communication
regarding status of applications, and timeliness of
hiring decision; and
(G) the satisfaction of newly hired individuals in
senior executive positions at the Department with the
hiring process and the process of joining and becoming
oriented with the Department.
(c) Senior Executive Position Defined.--In this section, the term
``senior executive position'' has the meaning given such term in section
713 of title 38, United States Code.
SEC. 211. MEASUREMENT OF DEPARTMENT OF VETERANS AFFAIRS
DISCIPLINARY PROCESS OUTCOMES AND
EFFECTIVENESS.
(a) Measuring and Collecting.--
(1) <<NOTE: Time period.>> In general.--The Secretary of
Veterans Affairs shall measure and collect information on the
outcomes of disciplinary actions carried out by the Department
of Veterans Affairs during the three-year period ending on the
date of the enactment of this Act and the effectiveness of such
actions.
(2) Elements.--In measuring and collecting pursuant to
paragraph (1), the Secretary shall measure and collect
information regarding the following:
(A) The average time from the initiation of an
adverse action against an employee at the Department to
the final resolution of that action.
(B) The number of distinct steps and levels of
review within the Department involved in the
disciplinary process and the average length of time
required to complete these steps.
(C) The rate of use of alternate disciplinary
procedures compared to traditional disciplinary
procedures and the frequency with which employees who
are subject to alternative disciplinary procedures
commit additional offenses.
[[Page 131 STAT. 882]]
(D) The number of appeals from adverse actions filed
against employees of the Department, the number of
appeals upheld, and the reasons for which the appeals
were upheld.
(E) The use of paid administrative leave during the
disciplinary process and the length of such leave.
(b) Report.--
(1) In general.--Not later than December 31, 2017, the
Secretary shall submit to the appropriate committees of Congress
a report on the disciplinary procedures and actions of the
Department.
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) The information collected under subsection (a).
(B) The findings of the Secretary with respect to
the measurement and collection carried out under
subsection (a).
(C) <<NOTE: Analysis.>> An analysis of the
disciplinary procedures and actions of the Department.
(D) Suggestions for improving the disciplinary
procedures and actions of the Department.
(E) Such other matters as the Secretary considers
appropriate.
(3) <<NOTE: Definition.>> Appropriate committees of
congress.--In this subsection, the term ``appropriate committees
of Congress'' means--
(A) the Committee on Appropriations and the
Committee on Veterans' Affairs of the Senate; and
(B) the Committee on Appropriations and the
Committee on Veterans' Affairs of the House of
Representatives.
Approved June 23, 2017.
LEGISLATIVE HISTORY--S. 1094:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 163 (2017):
June 6, considered and passed Senate.
June 13, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2017):
June 23, Presidential remarks.
<all>