[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 290 Engrossed in Senate (ES)]
<DOC>
114th CONGRESS
2d Session
S. 290
_______________________________________________________________________
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.
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 2016''.
SEC. 2. REDUCTION OF BENEFITS FOR SENIOR EXECUTIVES AND CERTAIN HEALTH
CARE EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS
CONVICTED OF A FELONY.
(a) In General.--Chapter 7 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 715. Senior executives and section 7401(1) employees: reduction
of benefits of individuals convicted of a felony
``(a) Reduction of Annuity for Removed Individual.--The covered
service of an individual removed from a covered position at the
Department by the Secretary for performance or misconduct 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 (and the conviction is final) that
was related, as determined by the Director of the Office of Personnel
Management, to the individual's conduct or performance while employed
in such covered position.
``(b) Reduction of Annuity for Retired Individual.--(1) The
Secretary may order that the covered service of an individual who is
subject to a removal or transfer from a covered position at the
Department by the Secretary for performance or misconduct but who
leaves employment at the Department prior to the issuance of a final
decision with respect to such removal or transfer 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 (and the conviction is final) that
was related, as determined by the Director of the Office of Personnel
Management, to the individual's performance while employed in such
covered 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) Review of Reduction of Annuity.--Any individual whose annuity
is reduced under subsection (a) or (b) may appeal the reduction to the
Director of the Office of Personnel Management.
``(e) Definitions.--In this section:
``(1) The term `covered position' is--
``(A) a senior executive position; or
``(B) a position listed in section 7401(1) of this
title that is not a senior executive position.
``(2) The term `covered service' means, with respect to an
individual subject to a removal or transfer from a covered
position at the Department for performance or misconduct, the
period of service beginning on the date that the Secretary
determines that such individual engaged in activity that gave
rise to such action and ending on the date that such individual
is removed from the civil service or leaves employment at the
Department prior to the issuance of a final decision with
respect to such action, as the case may be.
``(3) The term `lump-sum credit' has the meaning given such
term in section 8331 or 8401 of title 5, as the case may be.
``(4) The term `senior executive position' has the meaning
given such term in section 713(g) of this title.
``(5) The term `service' has the meaning given such term in
section 8331 or 8401 of title 5, as the case may be.''.
(b) Application.--Section 715 of such title, as added by subsection
(a), shall apply to any action of removal or transfer from a covered
position (as defined in subsection (e) of such section) at the
Department of Veterans Affairs commencing on or after the date of the
enactment of this Act.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``715. Senior executives and section 7401(1) employees: reduction of
benefits of individuals convicted of a
felony.''.
SEC. 3. LIMITATION ON ADMINISTRATIVE LEAVE FOR EMPLOYEES OF DEPARTMENT
OF VETERANS AFFAIRS.
(a) In General.--Chapter 7 of title 38, United States Code, is
further amended by adding at the end the following new section:
``Sec. 717. Administrative leave limitation and report
``(a) Limitation Applicable to Employees Within the Department.--
(1) The Secretary may not place any covered individual on
administrative leave for more than a total of 14 business days during
any 365-day period.
``(2)(A) The Secretary may waive the limitation under paragraph (1)
and extend the period of administrative leave of a covered individual
if the Secretary submits to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a detailed explanation of the reasons the covered
individual was placed on administrative leave and the reasons for the
extension of such leave.
``(B) Such explanation shall include the position of the covered
individual and the location where the covered individual is employed.
``(3) In this subsection, the term `covered individual' means an
employee of the Department, including an employee in a senior executive
position (as defined in section 713(g) of this title)--
``(A) who is subject to an investigation for purposes of
determining whether such individual should be subject to any
disciplinary action under this title or title 5; or
``(B) against whom any disciplinary action is proposed or
initiated under this title or title 5.
``(b) Report on Administrative Leave.--(1) Not later than 30 days
after the end of each fiscal year, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report listing the
position of each employee of the Department (if any) who has been
placed on administrative leave for a period longer than 14 business
days during such fiscal year.
``(2) Each report submitted under paragraph (1) shall include, with
respect to each employee listed in such report, the following:
``(A) The position occupied by the employee.
``(B) The number of business days of such leave.
``(C) The reason that such employee was placed on such
leave.
``(3) In submitting each report under paragraph (1), the Secretary
shall take such measures to protect the privacy of the employees listed
in the report as the Secretary considers appropriate.
``(c) Administrative Leave Defined.--In this section, the term
`administrative leave'--
``(1) means an administratively authorized absence from
duty without loss of pay or charge to leave for which the
employee is placed due to an investigation on or for whom any
disciplinary action is proposed or initiated; and
``(2) includes any type of paid non-duty status without a
charge to leave.''.
(b) Application.--
(1) Administrative leave limitation.--Subsection (a) of
section 717 of title 38, United States Code (as added by
subsection (a)), shall apply to any period of administrative
leave (as defined in such section) commencing on or after the
date of the enactment of this Act.
(2) Report.--The report under section 717(b) of such title
(as added by subsection (a)) shall apply beginning in the first
quarter that ends after the date that is 180 days after the
date of the enactment of this Act.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is further amended by adding at the end the
following new item:
``717. Administrative leave limitation and report.''.
SEC. 4. ACCOUNTABILITY OF LEADERS FOR MANAGING THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Chapter 7 of title 38, United States Code, is
amended by inserting after section 709 the following new section:
``Sec. 710. Annual performance plan for political appointees
``(a) In General.--The Secretary shall conduct an annual
performance plan for each political appointee of the Department that is
similar to the annual performance plan conducted for an employee of the
Department who is appointed as a career appointee (as that term is
defined in section 3132(a)(4) of title 5) within the Senior Executive
Service at the Department.
``(b) Elements of Plan.--Each annual performance plan conducted
under subsection (a) with respect to a political appointee of the
Department shall include, to the extent applicable, an assessment of
whether the appointee is meeting the following goals:
``(1) Recruiting, selecting, and retaining well-qualified
individuals for employment at the Department.
``(2) Engaging and motivating employees.
``(3) Training and developing employees and preparing those
employees for future leadership roles within the Department.
``(4) Holding each employee of the Department that is a
manager accountable for addressing issues relating to
performance, in particular issues relating to the performance
of employees that report to the manager.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is further amended by inserting after the item
relating to section 709 the following new item:
``710. Annual performance plan for political appointees.''.
SEC. 5. ACCOUNTABILITY OF SUPERVISORS AT DEPARTMENT OF VETERANS AFFAIRS
FOR HIRING WELL-QUALIFIED PEOPLE.
(a) Assessment During Probationary Period.--
(1) Determination required.--With respect to any employee
of the Department of Veterans Affairs who is required to serve
a probationary period in a position in the Department, the
Secretary of Veterans Affairs shall require the supervisor of
such employee to determine, during the 30-day period ending on
the date on which the probationary period ends, whether the
employee--
(A) has demonstrated successful performance; and
(B) should continue past the probationary period.
(2) Limitation on employment after probationary period.--
(A) In general.--Except as provided in subparagraph
(B), no employee of the Department serving a
probationary period as described in paragraph (1) may
complete that probationary period unless and until the
supervisor of the employee, or another supervisor
capable of making the requisite determination, has made
an affirmative determination under such paragraph.
(B) Probationary period deemed completed.--
(i) No determination.--If no determination
under paragraph (1) is made with respect to an
employee before the end of the 60-day period
following the end of the 30-day period
specified in such paragraph, the employee shall
be deemed to have completed the probationary
period of the employee effective as of the end
of that 60-day period.
(ii) Retroactive effect of determination.--
If an affirmative determination under paragraph
(1) is made with respect to an employee after
the end of the 30-day period specified in such
paragraph, the employee shall be deemed to have
completed the probationary period of the
employee effective as of the end of that 30-day
period.
(3) Notification to congress regarding determinations.--Not
less frequently than monthly, the Secretary shall notify the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives
regarding--
(A) each instance during such month in which a
supervisor did not make a determination required under
paragraph (1) during the period required in such
paragraph; and
(B) each such instance included in a previous
notification under this paragraph for which the
supervisor still has not made such a determination.
(b) Supervisors.--With respect to any employee of the Department
who is serving a probationary period in a supervisory position at the
Department, successful performance under subsection (a) shall include
demonstrating management competencies in addition to the technical
skills required for such position.
(c) Performance Plan.--Each annual performance plan conducted for a
supervisor of an employee serving a probationary period shall hold the
supervisor accountable for--
(1) providing regular feedback to such employee during such
period before making a determination under subsection (a)
regarding the probationary status of such employee; and
(2) making a timely determination under subsection (a)
regarding the probationary status of such employee.
(d) Supervisor Defined.--In this section, the term ``supervisor''
has the meaning given such term in section 7103(a) of title 5, United
States Code.
SEC. 6. ACCOUNTABILITY OF MANAGERS FOR ADDRESSING PERFORMANCE OF
EMPLOYEES.
The Secretary of Veterans Affairs shall ensure that, as a part of
the annual performance plan of an employee of the Department of
Veterans Affairs who is a manager, the manager is evaluated on the
following:
(1) Taking action to address poor performance and
misconduct among the employees that report to the manager.
(2) Taking steps to improve or sustain high levels of
employee engagement.
SEC. 7. EXPANSION OF DEFINITION OF PERSONNEL ACTION TO INCLUDE
PERFORMANCE EVALUATIONS OF EMPLOYEES OF THE DEPARTMENT OF
VETERANS AFFAIRS.
Section 2302(a)(2)(A)(viii) of title 5, United States Code, is
amended by inserting ``or under title 38'' after ``chapter 43 of this
title''.
SEC. 8. WRITTEN OPINION ON CERTAIN EMPLOYMENT RESTRICTIONS AFTER
TERMINATING EMPLOYMENT WITH THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Chapter 7 of title 38, United States Code, is
further amended by adding at the end the following new section:
``Sec. 719. Written opinion on certain employment restrictions after
terminating employment with the Department
``(a) In General.--Before terminating employment with the
Department, any official of the Department who has participated
personally and substantially during the one-year period ending on the
date of the termination in an acquisition by the Department that
exceeds $10,000,000 shall obtain a written opinion from an appropriate
ethics counselor at the Department regarding any restrictions on
activities that the official may undertake on behalf of a covered
contractor during the two-year period beginning on the date on which
the official terminates such employment.
``(b) Covered Contractor Defined.--In this section, the term
`covered contractor' means a contractor carrying out a contract entered
into with the Department, including pursuant to a subcontract.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is further amended by inserting after the item
relating to section 717 the following new item:
``719. Written opinion on certain employment restrictions after leaving
the Department.''.
SEC. 9. REQUIREMENT FOR CONTRACTORS OF THE DEPARTMENT EMPLOYING CERTAIN
RECENTLY SEPARATED DEPARTMENT EMPLOYEES.
(a) In General.--Subchapter II of chapter 81 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 8129. Requirement for contractors employing certain recently
separated Department employees
``(a) In General.--A covered contractor may not knowingly provide
compensation to an individual described in subsection (b) during the
two-year period beginning on the date on which the individual
terminates employment with the Department unless the covered contractor
determines that the individual--
``(1) has obtained the written opinion required under
section 719(a) of this title; or
``(2) has requested such written opinion not later than 30
days before receiving compensation from the covered contractor.
``(b) Individual Described.--An individual described in this
subsection is any official of the Department who participated
personally and substantially during the one-year period ending on the
date of the termination individual's employment with the Department in
an acquisition by the Department that exceeds $10,000,000.
``(c) Covered Contractor Defined.--In this section, the term
`covered contractor' means a contractor carrying out a contract entered
into with the Department, including pursuant to a subcontract.''.
(b) Application.--The requirement under section 8129(a) of title
38, United States Code, as added by subsection (a), shall apply with
respect to any entity that enters into a contract with the Department
on or after the date of the enactment of this Act.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 81 of such title is amended by inserting after the item
relating to section 8128 the following new item:
``8129. Requirement for contractors employing certain recently
separated Department employees.''.
Passed the Senate December 10 (legislative day, December
9), 2016.
Attest:
Secretary.
114th CONGRESS
2d Session
S. 290
_______________________________________________________________________
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.