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
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“714. Senior executives and section 7401(1) employees: reduction of benefits of individuals convicted of a felony“710. Annual performance plan for political appointees
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“(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.
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“(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:
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“(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.
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“(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.
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“(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.
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“(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.”
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“(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.
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“(e) Definitions—In this section:
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“(1) The term covered position is—
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“(A) a senior executive position; or
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“(B) a position listed in section 7401(1) of this title that is not a senior executive position.
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“(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.
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“(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.
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“(4) The term senior executive position has the meaning given such term in section 713(g) of this title.
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“(5) The term service has the meaning given such term in section 8331 or 8401 of title 5, as the case may be.”
Sec. 3 Accountability of supervisors at Department of Veterans Affairs for hiring well-qualified people
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“710. Annual performance plan for political appointees
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“(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.
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“(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:
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“(1) Recruiting, selecting, and retaining well-qualified individuals for employment at the Department.
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“(2) Engaging and motivating employees.
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“(3) Training and developing employees and preparing those employees for future leadership roles within the Department.
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“(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.”
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:
Sec. 5 Written opinion on certain employment restrictions after terminating employment with the Department of Veterans Affairs
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.”
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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:
Sec. 6 Requirement for contractors of the Department employing certain recently separated Department employees
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“717. Written opinion on “8129. Requirement for contractors employing certain employment restrictions after terminating employment with the Departmentrecently separated Department employees
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“(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—
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“(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.”
Sec. 7 Requirement for contractors of the Department employing certain recently separated Department employees
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“8129. Requirement for contractors employing certain recently separated Department employees
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“(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—
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“(1) has obtained the written opinion required under section 717(a) of this title; or
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“(2) has requested such written opinion not later than 30 days before receiving compensation from the covered contractor.
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“(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.
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“(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.”