[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 473 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 473
To amend title 38, United States Code, to improve the accountability of
employees of the Department of Veterans Affairs, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 22, 2015
Mr. Miller of Florida introduced the following bill; which was referred
to the Committee on Veterans' Affairs, and in addition to the Committee
on Oversight and Government Reform, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to improve the accountability of
employees of the Department of Veterans Affairs, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing the Department of
Veterans Affairs Accountability to Veterans Act of 2015''.
SEC. 2. REDUCTION OF BENEFITS FOR MEMBERS OF THE SENIOR EXECUTIVE
SERVICE WITHIN THE DEPARTMENT OF VETERANS AFFAIRS
CONVICTED OF CERTAIN CRIMES.
(a) In General.--Chapter 7 of title 38, United States Code, is
amended by adding at the end the following:
``Sec. 715. Senior executives: reduction of benefits of individuals
convicted of certain crimes
``(a) Reduction of Annuity for Removed Employee.--The covered
service of an individual removed from a senior executive position under
section 713 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 the individual is convicted of a felony that
influenced the individual's performance while employed in the senior
executive position.
``(b) Reduction of Annuity for Retired Employee.--(1) The Secretary
may order that the covered service of an individual who is subject to a
removal or transfer action under section 713 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 the individual is convicted of a felony
that influenced the individual's performance while employed in the
senior executive position.
``(2) The Secretary shall make such an order not later than 7 days
after the date on which such individual is convicted of such felony.
``(3) Not later than 30 days after the Secretary issues any order
with respect to an individual under paragraph (1), the Director of the
Office of Personnel Management shall recalculate the annuity of the
individual.
``(c) 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.
``(d) Definitions.--In this section:
``(1) The term `covered service' means, with respect to an
individual subject to a removal or transfer action under
section 713, the period of service beginning on the date that
the Secretary determines under such section that such
individual engaged in activity that gave rise to such action
and ending on the date that such individual is removed from the
civil service or leaves employment at the Department prior to
the issuance of a final decision with respect to such action,
as the case may be.
``(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 `senior executive position' has the meaning
given such term in section 713(g)(3).
``(4) 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.''.
(b) Application.--The amendment made by subsection (a) shall apply
to any action of removal or transfer under section 713 of title 38,
United States Code, commencing on or after the date of enactment of
this section.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``715. Senior executives: reduction of benefits of individuals
convicted of certain crimes.''.
SEC. 3. REFORM OF PERFORMANCE APPRAISAL SYSTEM FOR SENIOR EXECUTIVE
SERVICE EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Performance Appraisal System.--
(1) In general.--Chapter 7 of title 38, United States Code,
as amended by section 2, is further amended by adding at the
end the following new section:
``Sec. 717. Senior executives: performance appraisal
``(a) Performance Appraisal System.--(1) The performance appraisal
system for individuals employed in senior executive positions in the
Department required by section 4312 of title 5 shall provide, in
addition to the requirements of such section, for five annual summary
ratings of levels of performance as follows:
``(A) One outstanding level.
``(B) One exceeds fully successful level.
``(C) One fully successful level.
``(D) One minimally satisfactory level.
``(E) One unsatisfactory level.
``(2) The following limitations apply to the rating of the
performance of such individuals:
``(A) For any year, not more than 10 percent of such
individuals who receive a performance rating during that year
may receive the outstanding level under paragraph (1)(A).
``(B) For any year, not more than 20 percent of such
individuals who receive a performance rating during that year
may receive the exceeds fully successful level under paragraph
(1)(B).
``(3) In evaluating the performance of an individual under the
performance appraisal system, the Secretary shall take into
consideration any complaint or report (including any pending or
published report) submitted by the Inspector General of the Department,
the Comptroller General of the United States, the Equal Employment
Opportunity Commission, or any other appropriate person or entity,
related to any facility or program managed by the individual.
``(b) Change of Position.--(1) At least once every five years, the
Secretary shall reassign each individual employed in a senior executive
position to a position at a different location that does not include
the supervision of the same personnel or programs.
``(2) The Secretary may waive the requirement under paragraph (1)
for any such individual, if the Secretary submits to the Committees on
Veterans' Affairs of the Senate and House of Representatives notice of
the waiver and an explanation of the reasons for the waiver.
``(c) Report.--Not later than March 1 of each year, the Secretary
shall submit to the Committees on Veterans' Affairs of the Senate and
House of Representatives a report on the performance appraisal system
of the Department under subsection (a). Each such report shall include,
for the year preceding the year during which the report is submitted,
all documentation concerning each of the following for each individual
employed in a senior executive position in the Department:
``(1) The initial performance appraisal.
``(2) The higher level review, if requested.
``(3) The recommendations of the performance review board.
``(4) The final summary review.
``(5) The review of the Inspector General of the Department
of the information described in paragraphs (1) through (4).
``(d) Definition of Senior Executive Position.--In this section,
the term `senior executive position' has the meaning given that term in
section 713(g)(3) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is further amended by adding at the
end the following new item:
``717. Senior executives: performance appraisal.''.
(3) Conforming amendment.--Section 4312(b) of title 5,
United States Code, is amended--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) that, in the case of the Department of
Veterans Affairs, the performance appraisal system
meets the requirements of section 716 of title 38.''.
(b) Review of SES Management Training.--
(1) Review.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
enter into a contract with a nongovernmental entity to review
the management training program for individuals employed in
senior executive positions (as such term is defined in section
713(g)(3) of title 38, United States Code) of the Department of
Veterans Affairs that is being provided as of the date of the
enactment of this Act. Such review shall include a comparison
of the training provided by the Department of Veterans Affairs
to the management training provided for senior executives of
other Federal departments and agencies and to the management
training provided to senior executives in the private sector.
The contract shall provide that the nongovernmental entity must
complete and submit to the Secretary a report containing the
findings and conclusions of the review by not later than 180
days after the date on which the Secretary and the
nongovernmental entity enter into the contract.
(2) Report to congress.--Not later than 60 days after the
date on which the Secretary receives the report under paragraph
(1), the Secretary shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives the report
together with a plan for carrying out the recommendations
contained in the report.
SEC. 4. LIMITATION ON ADMINISTRATIVE LEAVE FOR MEMBERS OF THE SENIOR
EXECUTIVE SERVICE WITHIN THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Chapter 7 of title 38, United States Code, is
further amended by adding after section 717 (as added by section 3) the
following new section:
``Sec. 719. Administrative leave limitation and report
``(a) Limitation Applicable to Members of the Senior Executive
Service Within the Department of Veterans Affairs.--(1) The Secretary
may not place any covered individual on administrative leave, or any
other type of paid non-duty status, for more than a total of 14 days
during any 365-day period.
``(2) The Secretary may waive the limitation under paragraph (1)
and extend the administrative leave or other paid non-duty status of a
covered individual placed on such leave or status under paragraph (1)
if the Secretary submits to the Committees on Veterans' Affairs of the
Senate and House of Representatives a detailed explanation of the
reasons the individual was placed on administrative leave or other paid
non-duty status and the reasons for the extension of such leave or
status. Such explanation shall include the name of the covered
individual, the location where the individual is employed, and the
individual's job title.
``(3) In this subsection, the term `covered individual' means an
individual (as defined in section 713(g)(1)) occupying a senior
executive position (as defined in section 714(g)(3))--
``(A) who is subject to an investigation for purposes of
determining whether such individual should be subject to any
disciplinary action under this title or title 5; or
``(B) against whom any disciplinary action is proposed or
initiated under this title or title 5.
``(b) Report on Administrative Leave.--(1) Not later than 30 days
after the end of each quarter of any calendar year, the Secretary shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report listing the name of any
employee of the Department (if any) who has been placed on
administrative leave, or any other type of paid non-duty status, for a
period longer than 7 days during such quarter.
``(2) Any report submitted under subsection (a) shall include, with
respect to any employee listed in such report, the position occupied by
the employee, the number of days of such leave, and the reason that
such employee was placed on such leave.''.
(b) Application.--
(1) Administrative leave limitation.--Section 719(a) of
title 38, United States Code (as added by subsection (a)),
shall apply to any action of removal or transfer under section
713 of such title or title 5, United States Code, commencing on
or after the date of enactment of this section.
(2) Report.--The report under section 719(b) of such title
(as added by subsection (a)) shall begin to apply in the
quarter that ends after the date that is 6 months after the
date of enactment of this section.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``719. Administrative leave limitation and report.''.
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