US Codex
Bill
Notes

S. 12 — what changed

Increasing the Department of Veterans Affairs Accountability to Veterans Act of 2017

From Introduced in Senate to Engrossed in Senate. 5 sections amended and 1 removed between Introduced in Senate and Engrossed in Senate.

Sec. 2 Accountability of leaders for managing the Department of Veterans Affairs

(a)
changed In general— Chapter 7 of title 38, United States Code, is amended by inserting after section 713 709 the following new section:

changed “714. Senior executives and section 7401(1) employees: reduction of benefits of individuals convicted of a felony“710. Annual performance plan for political appointees

changed “(a) Reduction of annuity In general—The Secretary shall conduct an annual performance plan for removed individual—The covered service each political appointee of an individual removed from a covered position at the Department by that is similar to the Secretary for annual performance or misconduct shall not be taken into account plan conducted for purposes of calculating an annuity with respect to such individual under chapter 83 or chapter 84 employee of title 5, if the individual Department who is convicted of appointed as a felony (and the conviction is final) career appointee (as that was related, as determined by the Director term is defined in section 3132(a)(4) of title 5) within the Office of Personnel Management, to Senior Executive Service at the individual’s conduct or performance while employed in such covered position.Department.

changed “(b) Reduction Elements of annuity for retired individualplan—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:

changed “(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 Recruiting, selecting, and retaining well-qualified individuals 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.Department.

changed “(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.Engaging and motivating employees.

changed “(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 Training and developing employees and preparing those employees for future leadership roles within the individual.Department.

changed “(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 “(4) Holding each employee of such individual’s lump-sum credit as the Department that is attributable a manager accountable for addressing issues relating to performance, in particular issues relating to the period performance of covered service.employees that report to the manager.”

removed “(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.

removed “(e) Definitions—In this section:

removed “(1) The term covered position is—

removed “(A) a senior executive position; or

removed “(B) a position listed in section 7401(1) of this title that is not a senior executive position.

removed “(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.

removed “(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.

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

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

(b)
changed Application—Clerical amendment— Section 714 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) The table of such section) sections at the Department beginning of Veterans Affairs commencing on or chapter 7 of such title is further amended by inserting after the date of item relating to section 709 the enactment of this Act.following new item:
(c)
removed Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after section 713 the following new item:

Sec. 3 Accountability of supervisors at Department of Veterans Affairs for hiring well-qualified people

(a)
added Assessment during probationary period—
(1)
added 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)
added has demonstrated successful performance; and
(B)
added should continue past the probationary period.
(2)
added Limitation on employment after probationary period—
(A)
added 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)
added Probationary period deemed completed—
(i)
added 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)
added 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)
added 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)
added 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)
added each such instance included in a previous notification under this paragraph for which the supervisor still has not made such a determination.
(a)
removed In general— Chapter 7 of title 38, United States Code, is amended by inserting after section 709 the following new section:

removed “710. Annual performance plan for political appointees

removed “(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.

removed “(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:

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

removed “(2) Engaging and motivating employees.

removed “(3) Training and developing employees and preparing those employees for future leadership roles within the Department.

removed “(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)
changed Clerical amendment—Supervisors— The table With respect to any employee of sections at the beginning of chapter 7 of such title Department who is further amended by inserting after serving a probationary period in a supervisory position at the item relating Department, successful performance under subsection (a) shall include demonstrating management competencies in addition to section 709 the following new item:technical skills required for such position.
(c)
added Performance plan— Each annual performance plan conducted for a supervisor of an employee serving a probationary period shall hold the supervisor accountable for—
(1)
added 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)
added making a timely determination under subsection (a) regarding the probationary status of such employee.
(d)
added 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. 4 Accountability of managers for addressing performance of employees

added 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:

(a)
removed Assessment during probationary period—
(1)
removed 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)
removed has demonstrated successful performance; and
(B)
removed should continue past the probationary period.
(2)
removed Limitation on employment after probationary period—
(A)
removed 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)
removed Probationary period deemed completed—
(i)
removed 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)
removed 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)
removed 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)
removed 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)
removed each such instance included in a previous notification under this paragraph for which the supervisor still has not made such a determination.
(1)
changed Supervisors— With respect Taking action to any employee of the Department who is serving a probationary period in a supervisory position at the Department, successful address poor performance under subsection (a) shall include demonstrating management competencies in addition and misconduct among the employees that report to the technical skills required for such position.manager.
(2)
changed Performance plan— Each annual performance plan conducted for a supervisor Taking steps to improve or sustain high levels of an employee serving a probationary period shall hold the supervisor accountable for—engagement.
(1)
removed 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)
removed making a timely determination under subsection (a) regarding the probationary status of such employee.
(d)
removed 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. 5 Written opinion on certain employment restrictions after terminating employment with the Department of Veterans Affairs

(a)
added In general— Subchapter I of chapter 7 of title 38, United States Code, is further amended by adding at the end the following new section:

added “717. Written opinion on certain employment restrictions after terminating employment with the Department

added “(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.

added “(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.”

removed 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:

(b)
changed Clerical amendment— Taking action to address poor performance and misconduct among The table of sections at the employees that report beginning of chapter 7 of such title is further amended by inserting after the item relating to section 715 the manager.following new item:
(2)
removed Taking steps to improve or sustain high levels of employee engagement.

Sec. 6 Requirement for contractors of the Department employing certain recently separated Department employees

(a)
changed In general— Subchapter I II of chapter 7 81 of title 38, United States Code, is further amended by adding at the end the following new section:

changed “717. Written opinion on “8129. Requirement for contractors employing certain employment restrictions after terminating employment with the Departmentrecently separated Department employees

changed “(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 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 official individual terminates such employment.employment with the Department unless the covered contractor determines that the individual—

changed “(b) Covered contractor defined—In this section, the term covered contractor means a contractor carrying out a contract entered into with “(1) has obtained the Department, including pursuant to a subcontract.”written opinion required under section 717(a) of this title; or

added “(2) has requested such written opinion not later than 30 days before receiving compensation from the covered contractor.

added “(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.

added “(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)
changed Clerical amendment—Application— The table of sections at the beginning of chapter 7 requirement under section 8129(a) of such title is further amended 38, United States Code, as added by inserting subsection (a), shall apply with respect to any entity that enters into a contract with the Department on or after the item relating to section 715 date of the following new item:enactment of this Act.
(c)
added 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:

Sec. 7 Requirement for contractors of the Department employing certain recently separated Department employees

removed
(a)
removed In general— Subchapter II of chapter 81 of title 38, United States Code, is amended by adding at the end the following new section:

removed “8129. Requirement for contractors employing certain recently separated Department employees

removed “(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—

removed “(1) has obtained the written opinion required under section 717(a) of this title; or

removed “(2) has requested such written opinion not later than 30 days before receiving compensation from the covered contractor.

removed “(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.

removed “(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)
removed 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)
removed 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: