S. 290 — what changed

changed This Act may be cited as the “Increasing the Department of Veterans Affairs Accountability to Veterans Act of 2015”.2016”.

changed “715. Senior executives: executives and section 7401(1) employees: reduction of benefits of individuals convicted of certain crimesa felony

changed “(a) Reduction of annuity for removed employee—The individual—The covered service of an individual removed from a senior executive covered position under section 713 of this title 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 influenced was related, as determined by the Director of the Office of Personnel Management, to the individual’s conduct or performance while employed in the senior executive such covered position.

changed “(b) Reduction of annuity for retired employeeindividual

changed “(1) The Secretary may order that the covered service of an individual who is subject to a removal or transfer action under section 713 of this title 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 action 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 influenced was related, as determined by the Director of the Office of Personnel Management, to the individual’s performance while employed in the senior executive 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.

changed “(c) Lump-Sum Annuity Credit—Any 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.

changed “(d) Definitions—In this section: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.

changed “(1) The term covered service means, with respect to an individual subject to a removal or transfer action under section 713 of “(e) Definitions—In this title, 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.section:

changed “(2) “(1) 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.covered position is—

changed “(3) The term “(A) a senior executive position has the meaning given such term in section 713(g)(3) of this title.position; or

changed “(4) The term service has the meaning given such term “(B) a position listed in section 8331(12) or section 8401(26) 7401(1) of this title 5, as the case may be.”that is not a senior executive position.

added “(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.

added “(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.

added “(4) The term senior executive position has the meaning given such term in section 713(g) of this title.

added “(5) The term service has the meaning given such term in section 8331 or 8401 of title 5, as the case may be.”

added “717. Administrative leave limitation and report

added “(a) Limitation applicable to employees within the Department

added “(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.

added “(2)

added “(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.

added “(B) Such explanation shall include the position of the covered individual and the location where the covered individual is employed.

added “(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)—

added “(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

added “(B) against whom any disciplinary action is proposed or initiated under this title or title 5.

added “(b) Report on administrative leave

added “(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.

added “(2) Each report submitted under paragraph (1) shall include, with respect to each employee listed in such report, the following:

added “(A) The position occupied by the employee.

added “(B) The number of business days of such leave.

added “(C) The reason that such employee was placed on such leave.

added “(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.

added “(c) Administrative leave defined—In this section, the term administrative leave—

added “(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

added “(2) includes any type of paid non-duty status without a charge to leave.”

removed “717. Senior executives: performance appraisal

removed “(a) Performance appraisal system

removed “(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:

removed “(A) One outstanding level.

removed “(B) One exceeds fully successful level.

removed “(C) One fully successful level.

removed “(D) One minimally satisfactory level.

removed “(E) One unsatisfactory level.

removed “(2) The following limitations apply to the rating of the performance of such individuals:

removed “(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).

removed “(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).

removed “(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.

removed “(b) Change of position

removed “(1) Not less frequently than 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.

removed “(2) The Secretary may waive the requirement under paragraph (1) for any such 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 notice of the waiver and an explanation of the reasons for the waiver.

removed “(c) Report

removed “(1) Not later than March 1 of each 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 on the performance appraisal system of the Department under subsection (a).

removed “(2) Each report submitted under paragraph (1) 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:

removed “(A) The initial performance appraisal.

removed “(B) The higher level review, if requested.

removed “(C) The recommendations of the performance review board.

removed “(D) The final summary review.

removed “(E) The review of the Inspector General of the Department of the information described in subparagraphs (A) through (D).

removed “(d) Definition of senior executive position—In this section, the term senior executive position has the meaning given that term in section 713(g) of this title.”

removed “(4) that, in the case of the Department of Veterans Affairs, the performance appraisal system meets the requirements of section 716 of title 38.”

changed “719. Administrative leave limitation and report“710. Annual performance plan for political appointees

changed “(a) Limitation applicable In general—The Secretary shall conduct an annual performance plan for each political appointee of the Department that is similar to members 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 within Department of Veterans Affairsat the Department.

changed “(1) The Secretary may not place any covered individual on administrative leave, or any other type “(b) Elements of paid non-duty status, for more than plan—Each annual performance plan conducted under subsection (a) with respect to a total political appointee of 14 days during any 365-day period.the Department shall include, to the extent applicable, an assessment of whether the appointee is meeting the following goals:

changed “(2)“(1) Recruiting, selecting, and retaining well-qualified individuals for employment at the Department.

changed “(A) 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 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 individual was placed on administrative leave or other paid non-duty status “(2) Engaging and the reasons for the extension of such leave or status.motivating employees.

changed “(B) Any detailed explanation submitted under subparagraph (A) shall include the name of the covered individual, the location where the individual is employed, “(3) Training and developing employees and preparing those employees for future leadership roles within the individual’s job title.Department.

changed “(3) In this subsection, the term covered individual means an individual (as defined in section 713(g) “(4) Holding each employee of this title) occupying the Department that is a senior executive position (as defined manager accountable for addressing issues relating to performance, in such section)—particular issues relating to the performance of employees that report to the manager.”

removed “(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

removed “(B) against whom any disciplinary action is proposed or initiated under this title or title 5.

removed “(b) Report on administrative leave

removed “(1) Not later than 30 days after the end of each quarter of any calendar 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 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 seven days during such quarter.

removed “(2) Any report submitted under paragraph (1) 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.”