| tion involves retaliation against an employee for | | tion involves retaliation against an employee for |
| making a whistleblower disclosure. | | making a whistleblower disclosure. |
| ‘‘(I) Making such recommendations to the Sec- | | ‘‘(I) Making such recommendations to the Sec- |
| retary for disciplinary action as the Assistant Sec- | | retary for disciplinary action as the Assistant Sec- |
| retary considers appropriate after substantiating any | | retary considers appropriate after substantiating any |
| allegation of misconduct or poor performance pursu- | | allegation of misconduct or poor performance pursu- |
| ant to an investigation carried out as described in | | ant to an investigation carried out as described in |
| subparagraph (F). | | subparagraph (F). |
| ‘‘(2) In carrying out the functions of the Office, the | | ‘‘(2) In carrying out the functions of the Office, the |
| Assistant Secretary shall ensure that the Office maintains | | Assistant Secretary shall ensure that the Office maintains |
| n | a toll-free telephone number and Internet website to re22 ceive anonymous whistleblower disclosures. | n | a toll-free telephone number and Internet website to re10 ceive anonymous whistleblower disclosures. |
| ‘‘(3) In any case in which the Assistant Secretary re- | | ‘‘(3) In any case in which the Assistant Secretary re- |
| ceives a whistleblower disclosure from an employee of the | | ceives a whistleblower disclosure from an employee of the |
| n | Department under paragraph (1)(C), the Assistant Sec- | n | |
| retary may not disclose the identity of the employee with2 out the consent of the employee, except i | | Department under paragraph (1)(C), the Assistant Sec14 retary may not disclose the identity of the e |
| n accordance with | | mployee with15 out the consent of the employee, except in accordance with |
| the provisions of section 552a of title 5, or as required | | the provisions of section 552a of title 5, or as required |
| by any other applicable provision of Federal law. | | by any other applicable provision of Federal law. |
| ‘‘(d) STAFF | | ‘‘(d) STAFF |
| AND | | AND |
| RESOURCES.—The Secretary shall | | RESOURCES.—The Secretary shall |
| n | ensure that the Assistant Secretary has such staff, re7 sources, and access to information as may be | n | ensure that the Assistant Secretary has such staff, re20 sources, and access to information as may b |
| necessary | | e necessary |
| to carry out the functions of the Office. | | to carry out the functions of the Office. |
| ‘‘(e) RELATION | | ‘‘(e) RELATION |
| SEL.—The | | SEL.—The |
| TO | | TO |
| OFFICE | | OFFICE |
| OF | | OF |
| GENERAL COUN- | | GENERAL COUN- |
| Office shall not be established as an element | | Office shall not be established as an element |
| of the Office of the General Counsel and the Assistant | | of the Office of the General Counsel and the Assistant |
| Secretary may not report to the General Counsel. | | Secretary may not report to the General Counsel. |
| ‘‘(f) REPORTS.—(1)(A) Not later than June 30 of | | ‘‘(f) REPORTS.—(1)(A) Not later than June 30 of |
| n | each calendar year, beginning with June 30, 2016, the As15 sistant Secretary shall submit to the Com | n | each calendar year, beginning with June 30, 2017, the As3 sistant Secretary shall submit to the Comm |
| mittee on Vet16 erans’ Affairs of the Senate and the Committee on Vet17 erans’ Affairs of the Ho | | ittee on Vet4 erans’ Affairs of the Senate and the Committee on Vet5 erans’ Affairs of the House |
| use of Representatives a report | | of Representatives a report |
| on the activities of the Office during the calendar year | | on the activities of the Office during the calendar year |
| in which the report is submitted. | | in which the report is submitted. |
| ‘‘(B) Each report submitted under subparagraph (A) | | ‘‘(B) Each report submitted under subparagraph (A) |
| n | shall include, for the period covered by the report, the fol22 lowing: | n | shall include, for the period covered by the report, the fol10 lowing: |
| ‘‘(i) A full and substantive analysis of the ac- | | ‘‘(i) A full and substantive analysis of the ac- |
| tivities of the Office, including such statistical infor- | | tivities of the Office, including such statistical infor- |
| mation as the Assistant Secretary considers appro- | | mation as the Assistant Secretary considers appro- |
| priate. | | priate. |
| ‘‘(ii) Identification of any issues reported to the | | ‘‘(ii) Identification of any issues reported to the |
| Secretary under subsection (c)(1)(G), including such | | Secretary under subsection (c)(1)(G), including such |
| data as the Assistant Secretary considers relevant to | | data as the Assistant Secretary considers relevant to |
| such issues and any trends the Assistant Secretary | | such issues and any trends the Assistant Secretary |
| may have identified with respect to such issues. | | may have identified with respect to such issues. |
| ‘‘(iii) Identification of such concerns as the As- | | ‘‘(iii) Identification of such concerns as the As- |
| such title is amended by adding at the end the following | | such title is amended by adding at the end the following |
| new paragraph: | | new paragraph: |
| ‘‘(12) The functions set forth in section 323(c) | | ‘‘(12) The functions set forth in section 323(c) |
| of this title.’’. | | of this title.’’. |
| (c) CLERICAL AMENDMENT.—The table of sections | | (c) CLERICAL AMENDMENT.—The table of sections |
| at the beginning of chapter 3 of such title is amended by | | at the beginning of chapter 3 of such title is amended by |
| adding at the end the following new item: | | adding at the end the following new item: |
| ‘‘323. Office of Accountability and Whistleblower Protection.’’. | | ‘‘323. Office of Accountability and Whistleblower Protection.’’. |
| SEC. 102. PROTECTION OF WHISTLEBLOWERS IN DEPARTMENT OF VETERANS AFFAIRS. | | SEC. 102. PROTECTION OF WHISTLEBLOWERS IN DEPARTMENT OF VETERANS AFFAIRS. |
| (a) IN GENERAL.—Chapter 7 of title 38, United | | (a) IN GENERAL.—Chapter 7 of title 38, United |
| n | States Code, is amended by adding at the end the fol10 lowing new sections: | n | States Code, is amended by adding at the end the fol22 lowing new sections: |
| ‘‘§ 720. Protection of whistleblowers as criteria in | | ‘‘§ 720. Protection of whistleblowers as criteria in |
| evaluation of supervisors | | evaluation of supervisors |
| ‘‘(a) DEVELOPMENT | | ‘‘(a) DEVELOPMENT |
| QUIRED.—The | | QUIRED.—The |
| AND | | AND |
| USE | | USE |
| OF | | OF |
| CRITERIA RE- | | CRITERIA RE- |
| Secretary, in consultation with the Assist- | | Secretary, in consultation with the Assist- |
| n | ant Secretary of Accountability and Whistleblower Protec16 tion, shall develop criteria that— | n | ant Secretary of Accountability and Whistleblower Protec6 tion, shall develop criteria that— |
| ‘‘(1) the Secretary shall use as a critical ele- | | ‘‘(1) the Secretary shall use as a critical ele- |
| ment in any evaluation of the performance of a su- | | ment in any evaluation of the performance of a su- |
| pervisory employee; and | | pervisory employee; and |
| ‘‘(2) promotes the protection of whistleblowers. | | ‘‘(2) promotes the protection of whistleblowers. |
| ‘‘(b) PRINCIPLES | | ‘‘(b) PRINCIPLES |
| BLOWERS.—The | | BLOWERS.—The |
| FOR | | FOR |
| PROTECTION | | PROTECTION |
| OF | | OF |
| WHISTLE- | | WHISTLE- |
| criteria required by subsection (a) shall | | criteria required by subsection (a) shall |
| include principles for the protection of whistleblowers, | | include principles for the protection of whistleblowers, |
| such as the degree to which supervisory employees respond | | such as the degree to which supervisory employees respond |
| constructively when employees of the Department report | | constructively when employees of the Department report |
| concerns, take responsible action to resolve such concerns, | | concerns, take responsible action to resolve such concerns, |
| n | and foster an environment in which employees of the De3 partment feel comfortable reporting concerns | n | and foster an environment in which employees of the De18 partment feel comfortable reporting concern |
| to super4 visory employees or to the appropriate authorities. | | s to super19 visory employees or to the appropriate authorities. |
| ‘‘(c) | | ‘‘(c) |
| BLOWER | | BLOWER |
| SUPERVISORY | | SUPERVISORY |
| EMPLOYEE | | EMPLOYEE |
| AND | | AND |
| WHISTLE- | | WHISTLE- |
| DEFINED.—In this section, the terms ‘super- | | DEFINED.—In this section, the terms ‘super- |
| visory employee’ and ‘whistleblower’ have the meanings | | visory employee’ and ‘whistleblower’ have the meanings |
| given such terms in section 323 of this title. | | given such terms in section 323 of this title. |
| ‘‘§ 721. Training regarding whistleblower disclosures | | ‘‘§ 721. Training regarding whistleblower disclosures |
| ‘‘(a) TRAINING.—Not less frequently than once every | | ‘‘(a) TRAINING.—Not less frequently than once every |
| n | two years, the Secretary, in coordination with the Whistle12 blower Protection Ombudsman designated | n | two years, the Secretary, in coordination with the Whistle- |
| under section | | |
| | | blower Protection Ombudsman designated under section |
| 3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. | | 3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. |
| App.), shall provide to each employee of the Department | | App.), shall provide to each employee of the Department |
| training regarding whistleblower disclosures, including— | | training regarding whistleblower disclosures, including— |
| ‘‘(1) an explanation of each method established | | ‘‘(1) an explanation of each method established |
| by law in which an employee may file a whistle- | | by law in which an employee may file a whistle- |
| blower disclosure; | | blower disclosure; |
| ‘‘(2) the right of the employee to petition Con- | | ‘‘(2) the right of the employee to petition Con- |
| gress regarding a whistleblower disclosure in accord- | | gress regarding a whistleblower disclosure in accord- |
| ance with section 7211 of title 5; | | ance with section 7211 of title 5; |
| ‘‘(3) an explanation that the employee may not | | ‘‘(3) an explanation that the employee may not |
| disclosure is permitted by law, including under sec- | | disclosure is permitted by law, including under sec- |
| tions 5701, 5705, and 7732 of this title, under sec- | | tions 5701, 5705, and 7732 of this title, under sec- |
| tion 552a of title 5 (commonly referred to as the | | tion 552a of title 5 (commonly referred to as the |
| Privacy Act), under chapter 93 of title 18, and pur- | | Privacy Act), under chapter 93 of title 18, and pur- |
| suant to regulations promulgated under section | | suant to regulations promulgated under section |
| (c) of the Health Insurance Portability and Ac- | | (c) of the Health Insurance Portability and Ac- |
| countability Act of 1996 (Public Law 104–191); | | countability Act of 1996 (Public Law 104–191); |
| ‘‘(4) an explanation of the language that is re- | | ‘‘(4) an explanation of the language that is re- |
| quired to be included in all nondisclosure policies, | | quired to be included in all nondisclosure policies, |
| forms, | | forms, |
| n | (a)(1) of the Whistleblower Protection Enhance- | n | |
| ment Act of 2012 (5 U.S.C. 2302 note); and | | |
| and | | and |
| agreements | | agreements |
| pursuant | | pursuant |
| to | | to |
| section | | section |
| n | | n | (a)(1) of the Whistleblower Protection Enhance- |
| | | ment Act of 2012 (5 U.S.C. 2302 note); and |
| ‘‘(5) the right of contractors to be protected | | ‘‘(5) the right of contractors to be protected |
| from reprisal for the disclosure of certain informa- | | from reprisal for the disclosure of certain informa- |
| tion under section 4705 or 4712 of title 41. | | tion under section 4705 or 4712 of title 41. |
| ‘‘(b) MANNER TRAINING IS PROVIDED.—The Sec- | | ‘‘(b) MANNER TRAINING IS PROVIDED.—The Sec- |
| retary shall ensure, to the maximum extent practicable, | | retary shall ensure, to the maximum extent practicable, |
| that training provided under subsection (a) is provided in | | that training provided under subsection (a) is provided in |
| person. | | person. |
| ‘‘(c) CERTIFICATION.—Not less frequently than once | | ‘‘(c) CERTIFICATION.—Not less frequently than once |
| every two years, the Secretary shall provide training on | | every two years, the Secretary shall provide training on |
| merit system protection in a manner that the Special | | merit system protection in a manner that the Special |
| Counsel certifies as being satisfactory. | | Counsel certifies as being satisfactory. |
| ‘‘(d) PUBLICATION.—The Secretary shall publish on | | ‘‘(d) PUBLICATION.—The Secretary shall publish on |
| the Internet website of the Department, and display | | the Internet website of the Department, and display |
| prominently at each facility of the Department, the rights | | prominently at each facility of the Department, the rights |
| n | of an employee to make a whistleblower disclosure, includ3 ing the information described in paragrap | n | of an employee to make a whistleblower disclosure, includ18 ing the information described in paragra |
| hs (1) through | | phs (1) through |
| (5) of subsection (a). | | (5) of subsection (a). |
| ‘‘(e) WHISTLEBLOWER DISCLOSURE DEFINED.—In | | ‘‘(e) WHISTLEBLOWER DISCLOSURE DEFINED.—In |
| this section, the term ‘whistleblower disclosure’ has the | | this section, the term ‘whistleblower disclosure’ has the |
| meaning given such term in section 323 of this title.’’. | | meaning given such term in section 323 of this title.’’. |
| (b) CLERICAL AMENDMENT.—The table of sections | | (b) CLERICAL AMENDMENT.—The table of sections |
| at the beginning of such chapter, is amended by adding | | at the beginning of such chapter, is amended by adding |
| at the end the following new items: | | at the end the following new items: |
| ‘‘720. Protection of whistleblowers as criteria in evaluation of supervisors. | | ‘‘720. Protection of whistleblowers as criteria in evaluation of supervisors. |
| ‘‘721. Training regarding whistleblower disclosures.’’. | | ‘‘721. Training regarding whistleblower disclosures.’’. |
| SEC. 103. TREATMENT OF CONGRESSIONAL TESTIMONY BY | | SEC. 103. TREATMENT OF CONGRESSIONAL TESTIMONY BY |
| DEPARTMENT OF VETERANS AFFAIRS EM- | | DEPARTMENT OF VETERANS AFFAIRS EM- |
| PLOYEES AS OFFICIAL DUTY. | | PLOYEES AS OFFICIAL DUTY. |
| (a) IN GENERAL.—Chapter 7 of title 38, United | | (a) IN GENERAL.—Chapter 7 of title 38, United |
| n | States Code, as amended by section 102, is further amend16 ed by adding at the end the following new | n | States Code, as amended by section 102, is further amend6 ed by adding at the end the following new |
| section: | | section: |
| ‘‘§ 722. Congressional testimony by employees: treat18 | | ‘‘§ 722. Congressional testimony by employees: treat8 |
| ment as official duty | | ment as official duty |
| ‘‘(a) CONGRESSIONAL TESTIMONY.—An employee of | | ‘‘(a) CONGRESSIONAL TESTIMONY.—An employee of |
| n | the Department is performing official duty during the pe21 riod with respect to which the employee i | n | the Department is performing official duty during the pe11 riod with respect to which the employee i |
| s testifying in | | s testifying in |
| an official capacity in front of either chamber of Congress, | | an official capacity in front of either chamber of Congress, |
| a committee of either chamber of Congress, or a joint or | | a committee of either chamber of Congress, or a joint or |
| select committee of Congress. | | select committee of Congress. |
| ‘‘(b) TRAVEL EXPENSES.—The Secretary shall pro- | | ‘‘(b) TRAVEL EXPENSES.—The Secretary shall pro- |
| n | vide travel expenses, including per diem in lieu of subsist3 ence, in accordance with applicable pro | n | vide travel expenses, including per diem in lieu of subsist17 ence, in accordance with applicable pr |
| visions under sub4 chapter I of chapter 57 of title 5, to any employee of the | | ovisions under sub18 chapter I of chapter 57 of title 5, to any employee of the |
| Department of Veterans Affairs performing official duty | | Department of Veterans Affairs performing official duty |
| described under subsection (a).’’. | | described under subsection (a).’’. |
| (b) CLERICAL AMENDMENT.—The table of sections | | (b) CLERICAL AMENDMENT.—The table of sections |
| at the beginning of such chapter, as amended by section | | at the beginning of such chapter, as amended by section |
| n | 102, is further amended by inserting after the item relat10 ing to section 721 the following new ite | n | 102, is further amended by inserting after the item relat2 ing to section 721 the following new item |
| m: | | : |
| ‘‘Sec. 722. Congressional testimony by employees: treatment as official duty.’’. | | ‘‘Sec. 722. Congressional testimony by employees: treatment as official duty.’’. |
| SEC. 104. REPORT ON METHODS USED TO INVESTIGATE EM- | | SEC. 104. REPORT ON METHODS USED TO INVESTIGATE EM- |
| PLOYEES OF DEPARTMENT OF VETERANS AF- | | PLOYEES OF DEPARTMENT OF VETERANS AF- |
| FAIRS. | | FAIRS. |
| (a) REPORT REQUIRED.—Not later than 540 days | | (a) REPORT REQUIRED.—Not later than 540 days |
| after the date of the enactment of this Act, the Assistant | | after the date of the enactment of this Act, the Assistant |
| Secretary for Accountability and Whistleblower Protection | | Secretary for Accountability and Whistleblower Protection |
| shall submit to the Secretary, the Committee on Veterans’ | | shall submit to the Secretary, the Committee on Veterans’ |
| n | Affairs of the Senate, and the Committee on Veterans’ Af19 fairs of the House of Representatives a | n | Affairs of the Senate, and the Committee on Veterans’ Af11 fairs of the House of Representatives a |
| report on methods | | report on methods |
| used to investigate employees of the Department of Vet21 erans Affairs and whether such methods are | | used to investigate employees of the Department of Vet13 erans Affairs and whether such methods are |
| used to retali22 ate against whistleblowers. | | used to retali14 ate against whistleblowers. |
| (b) CONTENTS.—The report required by subsection | | (b) CONTENTS.—The report required by subsection |
| (a) shall include the following: | | (a) shall include the following: |
| (1) An assessment of the use of administrative | | (1) An assessment of the use of administrative |
| investigation boards, peer review, searches of med- | | investigation boards, peer review, searches of med- |
| ical records, and other methods for investigating em- | | ical records, and other methods for investigating em- |
| ployees of the Department. | | ployees of the Department. |
| (2) A determination of whether and to what de- | | (2) A determination of whether and to what de- |
| gree the methods described in paragraph (1) are | | gree the methods described in paragraph (1) are |
| being used to retaliate against whistleblowers. | | being used to retaliate against whistleblowers. |
| (3) Recommendations for legislative or adminis- | | (3) Recommendations for legislative or adminis- |
| trative action to implement safeguards to prevent | | trative action to implement safeguards to prevent |
| the retaliation described in paragraph (2). | | the retaliation described in paragraph (2). |
| (c) WHISTLEBLOWER DEFINED.—In this section, the | | (c) WHISTLEBLOWER DEFINED.—In this section, the |
| term ‘‘whistleblower’’ has the meaning given such term in | | term ‘‘whistleblower’’ has the meaning given such term in |
| section 323 of title 38, United States Code, as added by | | section 323 of title 38, United States Code, as added by |
| section 101. | | section 101. |
| Subtitle B—Supervisors and Senior | | Subtitle B—Supervisors and Senior |
| Executives | | Executives |
| n | SEC. 111. TREATMENT OF MEDICAL DIRECTORS AND DI- | n | SEC. 111. TREATMENT OF MEDICAL CENTER DIRECTORS |
| RECTORS OF VETERANS INTEGRATED SERV- | | AND DIRECTORS OF VETERANS INTEGRATED |
| ICE NETWORKS. | | SERVICE NETWORKS. |
| (a) ESTABLISHMENT | | (a) ESTABLISHMENT |
| FICE OF | | FICE OF |
| OF | | OF |
| UNDER SECRETARY | | UNDER SECRETARY |
| VISN DIRECTORS | | VISN DIRECTORS |
| FOR | | FOR |
| IN | | IN |
| OF - | | OF - |
| HEALTH.—Subsection | | HEALTH.—Subsection |
| (a)(4) of section 7306 of title 38, United States Code, is | | (a)(4) of section 7306 of title 38, United States Code, is |
| amended— | | amended— |
| n | (1) by inserting ‘‘and Directors of Veterans In- | n | (1) by striking ‘‘Such Medical Directors’’ and |
| tegrated Service Networks’’ after ‘‘Such Medical Di- | | inserting ‘‘Such Medical Center Directors and Direc- |
| rectors’’; and | | tors of Veterans Integrated Service Networks’’; and |
| (2) by striking ‘‘, who shall be either a qualified | | (2) by striking ‘‘, who shall be either a qualified |
| doctor of medicine or a qualified doctor of dental | | doctor of medicine or a qualified doctor of dental |
| surgery or dental medicine’’. | | surgery or dental medicine’’. |
| (b) QUALIFICATIONS.—Such section is amended by | | (b) QUALIFICATIONS.—Such section is amended by |
| adding at the end the following new subsection: | | adding at the end the following new subsection: |
| ‘‘(g) Notwithstanding any provision of law that re- | | ‘‘(g) Notwithstanding any provision of law that re- |
| quires the Office of Personnel Management to determine | | quires the Office of Personnel Management to determine |
| qualifications or certify a candidate for appointment under | | qualifications or certify a candidate for appointment under |
| n | this section, Medical Directors and Directors of Veterans | n | this section, Medical Center Directors and Directors of |
| Integrated Service Networks may be appointed under sub14 section (a)(4) in accordance with qualifica | | Veterans Integrated Service Networks may be appointed |
| tions established | | |
| | | under subsection (a)(4) in accordance with qualifications |
| by the Secretary for purposes of this section.’’. | | established by the Secretary for purposes of this section.’’. |
| (c) ABILITY TO TRANSFER.— | | (c) ABILITY TO TRANSFER.— |
| (1) IN | | (1) IN |
| GENERAL.—Subject | | GENERAL.—Subject |
| to such regulations | | to such regulations |
| as the Director of the Office of Personnel Manage- | | as the Director of the Office of Personnel Manage- |
| ment may prescribe, the Secretary of Veterans Af- | | ment may prescribe, the Secretary of Veterans Af- |
| fairs and the Director may enter into an agreement | | fairs and the Director may enter into an agreement |
| that permits employees appointed under section | | that permits employees appointed under section |
| (a)(4) of title 38, United States Code, as | | (a)(4) of title 38, United States Code, as |
| amended by subsection (a), to transfer to Senior Ex- | | amended by subsection (a), to transfer to Senior Ex- |
| ecutive Service positions in other Federal agencies | | ecutive Service positions in other Federal agencies |
| and to be deemed career appointees who are not | | and to be deemed career appointees who are not |
| subject to competition or certification by a qualifica- | | subject to competition or certification by a qualifica- |
| tions review board under section 3393 of title 5, | | tions review board under section 3393 of title 5, |
| United States Code. | | United States Code. |
| (2) DEFINITIONS.—In this subsection, the | | (2) DEFINITIONS.—In this subsection, the |
| terms ‘‘Senior Executive Service position’’ and ‘‘ca- | | terms ‘‘Senior Executive Service position’’ and ‘‘ca- |
| reer appointee’’ have the meanings given those terms | | reer appointee’’ have the meanings given those terms |
| in section 3132(a) of title 5, United States Code. | | in section 3132(a) of title 5, United States Code. |
| n | SEC. 112. PAY FOR MEDICAL DIRECTORS AND DIRECTORS | n | SEC. 112. PAY FOR MEDICAL CENTER DIRECTORS AND DI- |
| OF VETERANS INTEGRATED SERVICE NET- | | RECTORS OF VETERANS INTEGRATED SERV- |
| WORKS. | | ICE NETWORKS. |
| (a) IN GENERAL.—Chapter 74 of title 38, United | | (a) IN GENERAL.—Chapter 74 of title 38, United |
| n | States Code, is amended by adding at the end the fol13 lowing new subchapter: | n | States Code, is amended by adding at the end the fol6 lowing new subchapter: |
| ‘‘Subchapter VII—Pay for Medical Directors | | ‘‘Subchapter VII—Pay for Medical Center Di8 |
| and Directors of Veterans Integrated | | rectors and Directors of Veterans Inte- |
| Service Networks | | grated Service Networks |
| ‘‘§ 7481. Pay for Medical Directors and Directors of | | ‘‘§ 7481. Pay for Medical Center Directors and Direc11 |
| Veterans Integrated Service Networks | | tors of Veterans Integrated Service Net- |
| | | works |
| ‘‘(a) ELEMENTS | | ‘‘(a) ELEMENTS |
| OF | | OF |
| n | PAY.—Pay for a Medical Direc- | n | PAY.—Pay for a Medical Center |
| tor or Director of a Veterans Integrated Service Network | | Director or Director of a Veterans Integrated Service Net15 work appointed under section 7306(a)(4) |
| | | of this title (in |
| appointed under section 7306(a)(4) of this title (in this | | |
| section referred to as a ‘Director’) shall consist of basic | | this section referred to as a ‘Director’) shall consist of |
| pay set forth under section 7404(a) of this title and mar24 ket pay determined under subsection (b). | | basic pay set forth under section 7404(a) of this title and |
| | | market pay determined under subsection (b). |
| ‘‘(b) MARKET PAY.—(1) Each Director is eligible for | | ‘‘(b) MARKET PAY.—(1) Each Director is eligible for |
| market pay determined under this subsection. | | market pay determined under this subsection. |
| ‘‘(2) The amount of market pay payable to a Director | | ‘‘(2) The amount of market pay payable to a Director |
| under this section shall be determined by the Secretary | | under this section shall be determined by the Secretary |
| on a case-by-case basis and shall consist of pay intended | | on a case-by-case basis and shall consist of pay intended |
| n | to reflect needs of the Department with respect to the re7 cruitment and retention (as determined by | n | to reflect needs of the Department with respect to the re25 cruitment and retention (as determined b |
| the Secretary) | | y the Secretary) |
| of such Director. | | of such Director. |
| ‘‘(3) In determining the amount of market pay pay- | | ‘‘(3) In determining the amount of market pay pay- |
| able to a Director under this section, the Secretary shall— | | able to a Director under this section, the Secretary shall— |
| ‘‘(A) consult not fewer than two national sur- | | ‘‘(A) consult not fewer than two national sur- |
| veys on pay for hospital directors, medical facility di- | | veys on pay for hospital directors, medical facility di- |
| rectors, or other similar positions, whether prepared | | rectors, or other similar positions, whether prepared |
| by private, public, or quasi-public entities, to make | | by private, public, or quasi-public entities, to make |
| a general assessment of the range of potential pay | | a general assessment of the range of potential pay |
| for the Director; and | | for the Director; and |
| ‘‘(B) take into account— | | ‘‘(B) take into account— |
| managing medical facilities for other Federal | | managing medical facilities for other Federal |
| agencies, private entities, or non-profit entities; | | agencies, private entities, or non-profit entities; |
| and | | and |
| ‘‘(v) such other considerations as the Secretary considers appropriate. | | ‘‘(v) such other considerations as the Secretary considers appropriate. |
| ‘‘(4)(A) The Secretary shall evaluate the amount of | | ‘‘(4)(A) The Secretary shall evaluate the amount of |
| market pay payable to a Director under this section not | | market pay payable to a Director under this section not |
| less frequently than once every two years and may adjust | | less frequently than once every two years and may adjust |
| the market pay payable to such Director as a result of | | the market pay payable to such Director as a result of |
| such evaluation. | | such evaluation. |
| ‘‘(B) A Director whose market pay is evaluated under | | ‘‘(B) A Director whose market pay is evaluated under |
| n | subparagraph (A) shall receive written notice of the re16 sults of such evaluation. | n | subparagraph (A) shall receive written notice of the re8 sults of such evaluation. |
| ‘‘(c) REQUIREMENTS | | ‘‘(c) REQUIREMENTS |
| AND | | AND |
| LIMITATIONS | | LIMITATIONS |
| ON | | ON |
| TOTAL | | TOTAL |
| PAY.—(1) Not less frequently than once every two years, | | PAY.—(1) Not less frequently than once every two years, |
| the Secretary shall set forth a departmentwide minimum | | the Secretary shall set forth a departmentwide minimum |
| n | and maximum amount for total annual pay under sub21 section (a) that may be paid to a Director and s | n | and maximum amount for total annual pay under sub13 section (a) that may be paid to a Director and s |
| hall pub22 lish each such amount in the Federal Register. | | hall pub14 lish each such amount in the Federal Register. |
| ‘‘(2) The minimum and maximum amounts set forth | | ‘‘(2) The minimum and maximum amounts set forth |
| under paragraph (1) shall take effect not earlier than the | | under paragraph (1) shall take effect not earlier than the |
| date that is 60 days after the publication of such amounts | | date that is 60 days after the publication of such amounts |
| under such paragraph. | | under such paragraph. |
| ‘‘(3) The sum of the basic pay set forth under section | | ‘‘(3) The sum of the basic pay set forth under section |
| 7404(a) of this title and market pay determined under | | 7404(a) of this title and market pay determined under |
| subsection (b) for a Director for a calendar year— | | subsection (b) for a Director for a calendar year— |
| ‘‘(A) may not be less than the most recent min- | | ‘‘(A) may not be less than the most recent min- |
| imum amount set forth under paragraph (1) before | | imum amount set forth under paragraph (1) before |
| the beginning of such calendar year; and | | the beginning of such calendar year; and |
| ‘‘(B) may not be more than the most recent | | ‘‘(B) may not be more than the most recent |
| maximum amount set forth under such paragraph | | maximum amount set forth under such paragraph |
| before the beginning of such calendar year. | | before the beginning of such calendar year. |
| ‘‘(4) The total amount of compensation paid to a Di- | | ‘‘(4) The total amount of compensation paid to a Di- |
| rector under this title in any calendar year may not exceed | | rector under this title in any calendar year may not exceed |
| the amount of annual compensation (excluding expenses) | | the amount of annual compensation (excluding expenses) |
| of the President under section 102 of title 3. | | of the President under section 102 of title 3. |
| ‘‘(5) The Secretary may not delegate to an officer or | | ‘‘(5) The Secretary may not delegate to an officer or |
| n | employee of the Department the requirement of the Sec18 retary to set forth a departmentwide minimum | n | employee of the Department the requirement of the Sec10 retary to set forth a departmentwide minimum |
| and max19 imum amount under paragraph (1). | | and max11 imum amount under paragraph (1). |
| ‘‘(d) TREATMENT | | ‘‘(d) TREATMENT |
| OF | | OF |
| PAY.—Pay under this section | | PAY.—Pay under this section |
| n | shall be considered pay for all purposes, including retire22 ment benefits under chapters 83 and 84 | n | shall be considered pay for all purposes, including retire14 ment benefits under chapters 83 and 84 |
| of title 5 and | | of title 5 and |
| other benefits. | | other benefits. |
| ‘‘(e) ANCILLARY EFFECTS | | ‘‘(e) ANCILLARY EFFECTS |
| OF | | OF |
| DECREASES | | DECREASES |
| IN | | IN |
| PAY.— | | PAY.— |
| n | (1) A decrease in pay of a Director resulting from an ad- | n | (1) A decrease in pay of a Director resulting from an ad18 justment in the amount of market pay of t |
| | | he Director |
| justment in the amount of market pay of the Director | | |
| under subsection (b) shall not be treated as an adverse | | under subsection (b) shall not be treated as an adverse |
| action. | | action. |
| ‘‘(2) A decrease in the amount of pay of a Director | | ‘‘(2) A decrease in the amount of pay of a Director |
| resulting from an involuntary reassignment in connection | | resulting from an involuntary reassignment in connection |
| with a disciplinary action taken against the Director is not | | with a disciplinary action taken against the Director is not |
| subject to appeal or judicial review.’’. | | subject to appeal or judicial review.’’. |
| (b) CLERICAL AMENDMENT.—The table of sections | | (b) CLERICAL AMENDMENT.—The table of sections |
| at the beginning of chapter 74 of such title is amended | | at the beginning of chapter 74 of such title is amended |
| by adding at the end the following: | | by adding at the end the following: |
| ‘‘SUBCHAPTER | | ‘‘SUBCHAPTER |
| n | VII. PAY FOR MEDICAL DIRECTORS AND DIRECTORS OF | n | VII. PAY FOR MEDICAL CENTER DIRECTORS AND DIRECTORS OF |
| VETERANS INTEGRATED SERVICE NETWORKS | | VETERANS INTEGRATED SERVICE NETWORKS |
| n | ‘‘7481. Pay for Medical Directors and Directors of Veterans Integrated Service | n | ‘‘7481. Pay for Medical Center Directors and Directors of Veterans Integrated |
| Networks.’’. | | Service Networks.’’. |
| (c) EFFECTIVE DATE.—The amendments made by | | (c) EFFECTIVE DATE.—The amendments made by |
| this section shall take effect on the date that is one year | | this section shall take effect on the date that is one year |
| after the date of the enactment of this Act. | | after the date of the enactment of this Act. |
| SEC. 113. IMPROVED AUTHORITIES OF SECRETARY OF VET- | | SEC. 113. IMPROVED AUTHORITIES OF SECRETARY OF VET- |
| ERANS | | ERANS |
| ABILITY OF SENIOR EXECUTIVES. | | ABILITY OF SENIOR EXECUTIVES. |
| n | (a) ACCOUNTABILITY OF SENIOR EXECUTIVES.— | n | |
| (1) IN | | |
| AFFAIRS | | AFFAIRS |
| TO | | TO |
| IMPROVE | | IMPROVE |
| n | | n | ACCOUNT- |
| | | (a) ACCOUNTABILITY OF SENIOR EXECUTIVES.— |
| | | (1) IN |
| GENERAL.—Section | | GENERAL.—Section |
| n | ACCOUNT- | n | |
| of title 38, | | of title 38, |
| United States Code, is amended to read as follows: | | United States Code, is amended to read as follows: |
| ‘‘§ 713. Accountability of senior executives | | ‘‘§ 713. Accountability of senior executives |
| ‘‘(a) AUTHORITY.—(1) The Secretary may, as pro- | | ‘‘(a) AUTHORITY.—(1) The Secretary may, as pro- |
| vided in this section, reprimand or suspend, involuntarily | | vided in this section, reprimand or suspend, involuntarily |
| reassign, demote, or remove a covered individual from a | | reassign, demote, or remove a covered individual from a |
| n | senior executive position at the Department if the Sec2 retary determines that the misconduct or per | n | senior executive position at the Department if the Sec18 retary determines that the misconduct or pe |
| formance of | | rformance of |
| the covered individual warrants such action. | | the covered individual warrants such action. |
| ‘‘(2) If the Secretary so removes such an individual, | | ‘‘(2) If the Secretary so removes such an individual, |
| the Secretary may remove the individual from the civil | | the Secretary may remove the individual from the civil |
| service (as defined in section 2101 of title 5). | | service (as defined in section 2101 of title 5). |
| ‘‘(b) RIGHTS AND PROCEDURES.—(1) A covered indi- | | ‘‘(b) RIGHTS AND PROCEDURES.—(1) A covered indi- |
| vidual who is the subject of an action under subsection | | vidual who is the subject of an action under subsection |
| (a) is entitled to— | | (a) is entitled to— |
| ‘‘(A) be represented by an attorney or other | | ‘‘(A) be represented by an attorney or other |
| representative of the covered individual’s choice; | | representative of the covered individual’s choice; |
| ‘‘(B) not fewer than 10 business days advance | | ‘‘(B) not fewer than 10 business days advance |
| for purposes of this subsection. | | for purposes of this subsection. |
| ‘‘(2)(A) The Secretary shall ensure that the grievance | | ‘‘(2)(A) The Secretary shall ensure that the grievance |
| process established under paragraph (1)(C) takes fewer | | process established under paragraph (1)(C) takes fewer |
| than 21 days. | | than 21 days. |
| ‘‘(B) The Secretary shall ensure that, under the proc- | | ‘‘(B) The Secretary shall ensure that, under the proc- |
| ess established pursuant to paragraph (1)(C), grievances | | ess established pursuant to paragraph (1)(C), grievances |
| are reviewed only by employees of the Department. | | are reviewed only by employees of the Department. |
| ‘‘(3) A decision or grievance decision under para- | | ‘‘(3) A decision or grievance decision under para- |
| graph (1)(C) shall be final and conclusive. | | graph (1)(C) shall be final and conclusive. |
| ‘‘(4) A covered individual adversely affected by a final | | ‘‘(4) A covered individual adversely affected by a final |
| n | decision under paragraph (1)(C) may obtain judicial re8 view of the decision. | n | decision under paragraph (1)(C) may obtain judicial re3 view of the decision. |
| ‘‘(5) In any case in which judicial review is sought | | ‘‘(5) In any case in which judicial review is sought |
| under paragraph (4), the court shall review the record and | | under paragraph (4), the court shall review the record and |
| may set aside any Department action found to be— | | may set aside any Department action found to be— |
| ‘‘(A) arbitrary, capricious, an abuse of discre- | | ‘‘(A) arbitrary, capricious, an abuse of discre- |
| tion, or otherwise not in accordance with a provision | | tion, or otherwise not in accordance with a provision |
| of law; | | of law; |
| ‘‘(B) obtained without procedures required by a | | ‘‘(B) obtained without procedures required by a |
| provision of law having been followed; or | | provision of law having been followed; or |
| ‘‘(C) unsupported by substantial evidence. | | ‘‘(C) unsupported by substantial evidence. |
| ‘‘(c) RELATION | | ‘‘(c) RELATION |
| TO | | TO |
| OTHER PROVISIONS | | OTHER PROVISIONS |
| OF | | OF |
| LAW.— | | LAW.— |
| (1) The authority provided by subsection (a) is in addition | | (1) The authority provided by subsection (a) is in addition |
| to the authority provided by section 3592 or subchapter | | to the authority provided by section 3592 or subchapter |
| V of chapter 75 of title 5. | | V of chapter 75 of title 5. |
| ‘‘(2) Section 3592(b)(1) of title 5 and the procedures | | ‘‘(2) Section 3592(b)(1) of title 5 and the procedures |
| n | under section 7543(b) of such title do not apply to an ac24 tion under subsection (a). | n | under section 7543(b) of such title do not apply to an ac19 tion under subsection (a). |
| ‘‘(d) DEFINITIONS.—In this section: | | ‘‘(d) DEFINITIONS.—In this section: |
| ‘‘(1) The term ‘covered individual’ means— | | ‘‘(1) The term ‘covered individual’ means— |
| ‘‘(A) a career appointee (as that term is | | ‘‘(A) a career appointee (as that term is |
| defined in section 3132(a)(4) of title 5); or | | defined in section 3132(a)(4) of title 5); or |
| ‘‘(B) any individual who occupies an ad- | | ‘‘(B) any individual who occupies an ad- |
| ministrative or executive position and who was | | ministrative or executive position and who was |
| appointed under section 7306(a) or section | | appointed under section 7306(a) or section |
| (1) of this title. | | (1) of this title. |
| ‘‘(2) The term ‘misconduct’ includes neglect of | | ‘‘(2) The term ‘misconduct’ includes neglect of |
| duty, malfeasance, or failure to accept a directed re- | | duty, malfeasance, or failure to accept a directed re- |
| sponsibility and control. | | sponsibility and control. |
| (2) REGULATIONS.—The Secretary shall pre- | | (2) REGULATIONS.—The Secretary shall pre- |
| scribe regulations to carry out paragraph (1). | | scribe regulations to carry out paragraph (1). |
| SEC. 114. REDUCTION OF BENEFITS FOR MEMBERS OF THE | | SEC. 114. REDUCTION OF BENEFITS FOR MEMBERS OF THE |
| SENIOR EXECUTIVE SERVICE WITHIN THE | | SENIOR EXECUTIVE SERVICE WITHIN THE |
| DEPARTMENT OF VETERANS AFFAIRS CON- | | DEPARTMENT OF VETERANS AFFAIRS CON- |
| VICTED OF CERTAIN CRIMES. | | VICTED OF CERTAIN CRIMES. |
| (a) IN GENERAL.—Chapter 7 of title 38, United | | (a) IN GENERAL.—Chapter 7 of title 38, United |
| States Code, as amended by subtitle A, is further amended | | States Code, as amended by subtitle A, is further amended |
| by inserting after section 713 the following new section: | | by inserting after section 713 the following new section: |
| n | ‘‘§ 714. Senior executives: reduction of benefits of in2 | n | ‘‘§ 714. Senior executives: reduction of benefits of in19 |
| dividuals convicted of certain crimes | | dividuals convicted of certain crimes |
| ‘‘(a) REDUCTION | | ‘‘(a) REDUCTION |
| n | BER.—The | n | VIDUAL.—The |
| OF | | OF |
| ANNUITY | | ANNUITY |
| FOR | | FOR |
| n | REMOVED MEM- | n | REMOVED INDI- |
| covered service of an individual removed from | | covered service of an individual removed |
| a senior executive position at the Department by the Sec6 retary for performance or misconduct shall | | from a senior executive position at the Department by the |
| not be taken | | |
| | | Secretary for performance or misconduct shall not be con24 sidered creditable service under section |
| | | 8332 or section |
| into account for purposes of calculating an annuity with | | 8411 of title 5 for purposes of calculating an annuity with |
| respect to such individual under chapter 83 or chapter 84 | | respect to such individual under chapter 83 or chapter 84 |
| n | of title 5, if the individual is convicted of a felony (and | n | of such title if the individual is convicted of a felony (and |
| the conviction is final) that was related, as determined by | | the conviction is final) that was related, as determined by |
| the Director of the Office of Personnel Management, to | | the Director of the Office of Personnel Management, to |
| the individual’s performance while employed in such senior | | the individual’s performance while employed in such senior |
| executive position. | | executive position. |
| ‘‘(b) REDUCTION | | ‘‘(b) REDUCTION |
| n | BER.—(1) | n | VIDUAL.—(1) |
| OF | | OF |
| ANNUITY | | ANNUITY |
| FOR | | FOR |
| n | RETIRED MEM- | n | RETIRED INDI- |
| The Secretary may order that the covered serv- | | The Secretary may order that the covered |
| ice of an individual who is subject to a removal or transfer | | service of an individual who is subject to a removal or |
| from a senior executive position at the Department by the | | transfer from a senior executive position at the Depart11 ment by the Secretary for performance or m |
| | | isconduct but |
| Secretary for performance or misconduct but who leaves | | |
| employment at the Department prior to the issuance of | | who leaves employment at the Department prior to the |
| a final decision with respect to such removal or transfer | | issuance of a final decision with respect to such removal |
| shall not be taken into account for purposes of calculating | | or transfer shall not be considered creditable service under |
| | | section 8332 or section 8411 of title 5 for purposes of |
| an annuity with respect to such individual under chapter | | calculating an annuity with respect to such individual |
| 83 or chapter 84 of title 5, if the individual is convicted | | under chapter 83 or chapter 84 of such title if the indi18 vidual is convicted of a felony (and the |
| | | conviction is final) |
| of a felony (and the conviction is final) that was related, | | that was related, as determined by the Director of the Of20 fice of Personnel Management, to the ind |
| | | ividual’s per21 formance while employed in such senior executive position. |
| as determined by the Director of the Office of Personnel | | |
| Management, to the individual’s performance while em2 ployed in such senior executive position. | | |
| ‘‘(2) The Secretary shall make such an order not | | ‘‘(2) The Secretary shall make such an order not |
| n | later than seven days after the date on which such indi5 vidual is convicted of such felony. | n | later than seven days after the date on which such indi24 vidual is convicted of such felony. |
| ‘‘(3) Not later than 30 days after the Secretary issues | | ‘‘(3) Not later than 30 days after the Secretary issues |
| any order with respect to an individual under paragraph | | any order with respect to an individual under paragraph |
| (1), the Director of the Office of Personnel Management | | (1), the Director of the Office of Personnel Management |
| shall recalculate the annuity of the individual. | | shall recalculate the annuity of the individual. |
| ‘‘(c) LUMP-SUM ANNUITY CREDIT.—Any individual | | ‘‘(c) LUMP-SUM ANNUITY CREDIT.—Any individual |
| n | with respect to whom an annuity is reduced under sub12 section (a) or (b) shall be entitled to be pa | n | with respect to whom an annuity is reduced under sub7 section (a) or (b) shall be entitled to be pai |
| id so much of | | d so much of |
| such individual’s lump-sum credit as is attributable to the | | such individual’s lump-sum credit as is attributable to the |
| period of covered service. | | period of covered service. |
| ‘‘(d) REVIEW | | ‘‘(d) REVIEW |
| OF | | OF |
| REDUCTION | | REDUCTION |
| OF | | OF |
| ANNUITY.—Any in- | | ANNUITY.—Any in- |
| n | dividual whose annuity is reduced under subsection (a) or | n | dividual with respect to whom an annuity is reduced under |
| (b) may appeal the reduction to the Director of the Office | | subsection (a) or (b) may appeal the reduction to the Di13 rector of the Office of Personnel Managem |
| | | ent pursuant |
| of Personnel Management. | | to such regulations as the Director may prescribe for pur15 poses of this section. |
| ‘‘(e) DEFINITIONS.—In this section: | | ‘‘(e) DEFINITIONS.—In this section: |
| ‘‘(1) The term ‘covered service’ means, with re- | | ‘‘(1) The term ‘covered service’ means, with re- |
| spect to an individual subject to a removal or trans- | | spect to an individual subject to a removal or trans- |
| fer from a senior executive position at the Depart- | | fer from a senior executive position at the Depart- |
| ment for performance or misconduct, the period of | | ment for performance or misconduct, the period of |
| service beginning on the date that the Secretary de- | | service beginning on the date that the Secretary de- |
| termines under such section that such individual en- | | termines under such section that such individual en- |
| gaged in activity that gave rise to such action and | | gaged in activity that gave rise to such action and |
| ending on the date that such individual is removed | | ending on the date that such individual is removed |
| from the civil service or leaves employment at the | | from the civil service or leaves employment at the |
| fairs who is required to serve a probationary period | | fairs who is required to serve a probationary period |
| in a position in the Department, the Secretary of | | in a position in the Department, the Secretary of |
| Veterans Affairs shall require the supervisor of such | | Veterans Affairs shall require the supervisor of such |
| employee to determine, during the 30-day period | | employee to determine, during the 30-day period |
| ending on the date on which the probationary period | | ending on the date on which the probationary period |
| ends, whether the employee— | | ends, whether the employee— |
| (A) has demonstrated successful performance; and | | (A) has demonstrated successful performance; and |
| (B) should continue past the probationary | | (B) should continue past the probationary |
| period. | | period. |
| (2) LIMITATION | | (2) LIMITATION |
| n | | n | ON EMPLOYMENT AFTER PRO- |
| BATIONARY PERIOD.—No | | BATIONARY PERIOD.— |
| | | (A) IN |
| | | GENERAL.—Except |
| | | as provided in |
| | | subparagraph (B), no employee of the Depart- |
| ment serving a probationary period as described in | | ment serving a probationary period as described |
| paragraph (1) may complete their probationary pe- | | in paragraph (1) may complete that proba- |
| riod unless and until the supervisor of the employee, | | tionary period unless and until the supervisor of |
| or another supervisor capable of making the req- | | the employee, or another supervisor capable of |
| uisite determination, has made an affirmative deter- | | making the requisite determination, has made |
| mination under such paragraph. | | an affirmative determination under such para- |
| | | graph. |
| | | (B) PROBATIONARY |
| | | PERIOD DEEMED COM- |
| | | PLETED.— |
| | | (i) NO |
| | | DETERMINATION.—If |
| | | no deter- |
| | | mination 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 para- |
| | | graph, the employee shall be deemed to |
| | | have completed the probationary period of |
| | | the employee effective as of the end of that |
| | | -day period. |
| | | (ii) RETROACTIVE |
| | | EFFECT OF DETER- |
| | | MINATION.—If |
| | | tion under paragraph (1) is made with re- |
| | | spect to an employee after the end of the |
| | | -day period specified in such paragraph, |
| | | the employee shall be deemed to have com- |
| | | pleted the probationary period of the em- |
| | | ployee effective as of the end of that 30- |
| | | day period. |
| | | (3) NOTIFICATION |
| | | an affirmative determina- |
| | | TO CONGRESS REGARDING |
| | | DETERMINATIONS.—Not |
| | | ly, the Secretary shall notify the Committee on Vet- |
| | | erans’ Affairs of the Senate and the Committee on |
| | | Veterans’ Affairs of the House of Representatives |
| | | regarding— |
| | | less frequently than month- |
| | | (A) each instance during such month in |
| | | which a supervisor did not make a determina- |
| | | tion required under paragraph (1) during the |
| | | period required in such paragraph; and |
| | | (B) each such instance included in a pre- |
| | | vious notification under this paragraph for |
| | | which the supervisor still has not made such a |
| | | determination. |
| (b) SUPERVISORS.—With respect to any employee of | | (b) SUPERVISORS.—With respect to any employee of |
| n | ON EMPLOYMENT AFTER PRO- | n | |
| employee of the Depart- | | |
| the Department who is serving a probationary period in | | the Department who is serving a probationary period in |
| n | a supervisory position at the Department, successful per18 formance under subsection (a) shall inclu | n | a supervisory position at the Department, successful per6 formance under subsection (a) shall includ |
| de demonstrating | | e demonstrating |
| management competencies in addition to the technical | | management competencies in addition to the technical |
| skills required for such position. | | skills required for such position. |
| (c) PERFORMANCE PLAN.—Each annual perform- | | (c) PERFORMANCE PLAN.—Each annual perform- |
| n | ance plan conducted for a supervisor of an employee serv23 ing a probationary period shall hold the | n | ance plan conducted for a supervisor of an employee serv11 ing a probationary period shall hold the |
| supervisor ac24 countable for— | | supervisor ac12 countable for— |
| (1) providing regular feedback to such employee | | (1) providing regular feedback to such employee |
| during such period before making a determination | | during such period before making a determination |
| under subsection (a) regarding the probationary sta- | | under subsection (a) regarding the probationary sta- |
| tus of such employee; and | | tus of such employee; and |
| (2) making a timely determination under sub- | | (2) making a timely determination under sub- |
| section (a) regarding the probationary status of such | | section (a) regarding the probationary status of such |
| employee. | | employee. |
| (d) SUPERVISOR DEFINED.—In this section, the term | | (d) SUPERVISOR DEFINED.—In this section, the term |
| ‘‘supervisor’’ has the meaning given such term in section | | ‘‘supervisor’’ has the meaning given such term in section |
| 7103(a) of title 5, United States Code. | | 7103(a) of title 5, United States Code. |
| (c) SENIOR EXECUTIVE POSITION DEFINED.—In | | (c) SENIOR EXECUTIVE POSITION DEFINED.—In |
| this section, the term ‘‘senior executive position’’ has the | | this section, the term ‘‘senior executive position’’ has the |
| meaning given such term in section 713 of title 38, United | | meaning given such term in section 713 of title 38, United |
| States Code. | | States Code. |
| Subtitle C—Employees | | Subtitle C—Employees |
| SEC. 121. REMOVAL OF EMPLOYEES OF DEPARTMENT OF | | SEC. 121. REMOVAL OF EMPLOYEES OF DEPARTMENT OF |
| VETERANS AFFAIRS BASED ON PERFORM- | | VETERANS AFFAIRS BASED ON PERFORM- |
| ANCE OR MISCONDUCT. | | ANCE OR MISCONDUCT. |
| (a) IN GENERAL.—Chapter 7 of title 38, United | | (a) IN GENERAL.—Chapter 7 of title 38, United |
| States Code, as amended by subtitles A and B, is further | | States Code, as amended by subtitles A and B, is further |
| n | amended by inserting after section 714, as added by sec14 tion 114, the following new section: | n | amended by inserting after section 714, as added by sec8 tion 114, the following new section: |
| ‘‘§ 715. Employees: removal based on performance or | | ‘‘§ 715. Employees: removal based on performance or |
| misconduct | | misconduct |
| ‘‘(a) IN GENERAL.—(1) The Secretary may remove | | ‘‘(a) IN GENERAL.—(1) The Secretary may remove |
| a covered individual who is an employee of the Department | | a covered individual who is an employee of the Department |
| if the Secretary determines that— | | if the Secretary determines that— |
| ‘‘(A) the performance or misconduct of the covered individual warrants such removal; and | | ‘‘(A) the performance or misconduct of the covered individual warrants such removal; and |
| ‘‘(B) in the case of removal for performance, a | | ‘‘(B) in the case of removal for performance, a |
| portion of such performance occurred during the | | portion of such performance occurred during the |
| two-year period ending on the date of the determina- | | two-year period ending on the date of the determina- |
| tion. | | tion. |
| ‘‘(2) If the Secretary removes a covered individual | | ‘‘(2) If the Secretary removes a covered individual |
| n | under paragraph (1), the Secretary may remove the cov3 ered individual from the civil service (as de | n | under paragraph (1), the Secretary may remove the cov22 ered individual from the civil service (as d |
| fined in section | | efined in section |
| 2101 of title 5). | | 2101 of title 5). |
| n | | n | ‘‘(3) Nothing in this section may be construed to au- |
| | | thorize a finalized performance appraisal of an employee |
| | | to be retroactively amended. |
| ‘‘(b) NOTICE | | ‘‘(b) NOTICE |
| TO | | TO |
| CONGRESS.—Not later than 30 days | | CONGRESS.—Not later than 30 days |
| after removing a covered individual under subsection (a), | | after removing a covered individual under subsection (a), |
| the Secretary shall submit to the Committees on Veterans’ | | the Secretary shall submit to the Committees on Veterans’ |
| Affairs of the Senate and House of Representatives notice | | Affairs of the Senate and House of Representatives notice |
| n | in writing of such removal and the reason for such re10 moval. | n | in writing of such removal and the reason for such re9 moval. |
| ‘‘(c) PROCEDURE.—(1) An employee removed under | | ‘‘(c) PROCEDURE.—(1) An employee removed under |
| n | subsection (a) is entitled, before removal to— | n | subsection (a) is entitled, before removal, to— |
| ‘‘(A) at least 10 business days written notice | | ‘‘(A) at least 10 business days written notice |
| (which, in the case of removal for performance, shall | | (which, in the case of removal for performance, shall |
| identify specific instances as described in clause (i) | | identify specific instances as described in clause (i) |
| of section 4303(b)(1)(A) of title 5 and critical ele- | | of section 4303(b)(1)(A) of title 5 and critical ele- |
| ments as described in clause (ii) of such section), | | ments as described in clause (ii) of such section), |
| unless there is reasonable cause to believe that the | | unless there is reasonable cause to believe that the |
| employee committed a crime for which a sentence of | | employee committed a crime for which a sentence of |
| imprisonment can be imposed, stating the specific | | imprisonment can be imposed, stating the specific |
| reasons for the proposed action; | | reasons for the proposed action; |
| n | ‘‘(B) a reasonable opportunity, but not more | n | |
| than 10 business days, to answer the charges orally | | ‘‘(B) 10 business days to answer the charges |
| and in writing and to furnish affidavits and other | | orally and in writing and to furnish affidavits and |
| documentary evidence in support of the answer; | | other documentary evidence in support of the an- |
| | | swer; |
| ‘‘(C) be represented by an attorney or other | | ‘‘(C) be represented by an attorney or other |
| representative; | | representative; |
| ‘‘(D) a review of the case by the Secretary be- | | ‘‘(D) a review of the case by the Secretary be- |
| fore a decision adverse to the employee is made | | fore a decision adverse to the employee is made |
| final; | | final; |
| ‘‘(E) as soon as practicable, a decision of the | | ‘‘(E) as soon as practicable, a decision of the |
| Secretary with respect to the charges of the em- | | Secretary with respect to the charges of the em- |
| n | ployee; and | n | ployee; |
| ‘‘(F) a written statement of the decision of the | | ‘‘(F) a written statement of the decision of the |
| Secretary that— | | Secretary that— |
| ‘‘(i) includes the specific reasons of the decision; and | | ‘‘(i) includes the specific reasons of the decision; and |
| ‘‘(ii) in the case of a removal based on per- | | ‘‘(ii) in the case of a removal based on per- |
| formance, complies with section 4303(b)(1)(D) | | formance, complies with section 4303(b)(1)(D) |
| n | of title 5. | n | of title 5; and |
| | | ‘‘(G) at the same time as the written statement |
| | | under subparagraph (F), a file containing all evi- |
| | | dence used in making the decision. |
| ‘‘(2)(A) Subject to subparagraph (B) and subsection | | ‘‘(2)(A) Subject to subparagraph (B) and subsection |
| (e), any final decision of the Secretary regarding removal | | (e), any final decision of the Secretary regarding removal |
| n | under subsection (a) may be appealed to the Merit Sys19 tems Protection Board. | n | under subsection (a) may be appealed to the Merit Sys22 tems Protection Board. |
| ‘‘(B) An appeal under subparagraph (A) of a removal | | ‘‘(B) An appeal under subparagraph (A) of a removal |
| may only be made if such appeal is made not later than | | may only be made if such appeal is made not later than |
| 10 business days after the date of such removal. | | 10 business days after the date of such removal. |
| ‘‘(C)(i) Subject to clause (ii), the decision of the Sec- | | ‘‘(C)(i) Subject to clause (ii), the decision of the Sec- |
| retary shall be sustained under subparagraph (A) only if | | retary shall be sustained under subparagraph (A) only if |
| the Secretary’s decision— | | the Secretary’s decision— |
| ‘‘(I) in the case of an action based on performance, is supported by substantial evidence; or | | ‘‘(I) in the case of an action based on performance, is supported by substantial evidence; or |
| ‘‘(II) in any other case, is supported by a pre- | | ‘‘(II) in any other case, is supported by a pre- |
| ponderance of the evidence. | | ponderance of the evidence. |
| ‘‘(ii) Notwithstanding clause (i), the Secretary’s deci- | | ‘‘(ii) Notwithstanding clause (i), the Secretary’s deci- |
| under consideration for adverse actions | | under consideration for adverse actions |
| or subject of adverse findings | | or subject of adverse findings |
| ‘‘(a) UNDER CONSIDERATION | | ‘‘(a) UNDER CONSIDERATION |
| TION.—Notwithstanding | | TION.—Notwithstanding |
| FOR | | FOR |
| ADVERSE AC- | | ADVERSE AC- |
| any other provision of law, the | | any other provision of law, the |
| Secretary may not pay any bonus to any employee of the | | Secretary may not pay any bonus to any employee of the |
| Department, including an employee in a senior executive | | Department, including an employee in a senior executive |
| position (as defined in section 713(d) of this title), while | | position (as defined in section 713(d) of this title), while |
| n | the Secretary is considering carrying out an adverse per18 sonnel action with respect to the employe | n | the Secretary is considering carrying out an adverse per20 sonnel action with respect to the employe |
| e under this title | | e under this title |
| or title 5. | | or title 5. |
| ‘‘(b) SUBJECT | | ‘‘(b) SUBJECT |
| OF | | OF |
| ADVERSE FINDING.—(1) Notwith- | | ADVERSE FINDING.—(1) Notwith- |
| standing any other provision of law, in a case in which | | standing any other provision of law, in a case in which |
| n | the Secretary makes an adverse finding relating to an em23 ployee of the Department, the Secretary m | n | the Secretary makes an adverse finding relating to an em- |
| ay not award | | |
| | | ployee of the Department, the Secretary may not award |
| a bonus to such employee until the earlier of— | | a bonus to such employee until the earlier of— |
| ‘‘(A) such date as the Secretary considers ap- | | ‘‘(A) such date as the Secretary considers ap- |
| propriate, but not sooner than the date that is two | | propriate, but not sooner than the date that is two |
| years after the end of the fiscal year in which the | | years after the end of the fiscal year in which the |
| adverse finding was made and not more than five | | adverse finding was made and not more than five |
| years after the end of such fiscal year; or | | years after the end of such fiscal year; or |
| ‘‘(B) the date that the finding is found to have | | ‘‘(B) the date that the finding is found to have |
| been made in error. | | been made in error. |
| ‘‘(2) The Secretary may base an adverse finding | | ‘‘(2) The Secretary may base an adverse finding |
| under paragraph (1) on an investigation by, determination | | under paragraph (1) on an investigation by, determination |
| of, or information provided by the Inspector General of | | of, or information provided by the Inspector General of |
| n | the Department or another senior ethics official of the De10 partment or the Comptroller General of | n | the Department or another senior ethics official of the De14 partment or the Comptroller General of |
| the United States | | the United States |
| in connection with the carrying out by such official of an | | in connection with the carrying out by such official of an |
| activity, authority, or function under a provision of law | | activity, authority, or function under a provision of law |
| other than this section. | | other than this section. |
| ‘‘(c) PREVIOUSLY AWARDED BONUSES.—(1) If the | | ‘‘(c) PREVIOUSLY AWARDED BONUSES.—(1) If the |
| n | Secretary makes an adverse finding relating to an em16 ployee under subsection (b), the Secretary, a | n | Secretary makes an adverse finding relating to an em20 ployee under subsection (b), the Secretary, a |
| fter notice | | fter notice |
| and an opportunity for a hearing, shall issue an order di18 recting the employee to repay the amount | | and an opportunity for a hearing, shall issue an order di22 recting the employee to repay the amount |
| of any bonus | | of any bonus |
| awarded to the employee during the year during which the | | awarded to the employee during the year during which the |
| adverse finding is made, unless such finding is found to | | adverse finding is made, unless such finding is found to |
| have been made in error. | | have been made in error. |
| ‘‘(2) A hearing under paragraph (1) shall be con- | | ‘‘(2) A hearing under paragraph (1) shall be con- |
| ducted in accordance with regulations relating to hearings | | ducted in accordance with regulations relating to hearings |
| promulgated by the Secretary under chapter 75 of title | | promulgated by the Secretary under chapter 75 of title |
| 5. | | 5. |
| ‘‘(d) CONDITION | | ‘‘(d) CONDITION |
| OF | | OF |
| RECEIPT.—As a condition of re- | | RECEIPT.—As a condition of re- |
| ceiving a bonus awarded after the date of the enactment | | ceiving a bonus awarded after the date of the enactment |
| of this section, an employee of the Department shall sign | | of this section, an employee of the Department shall sign |
| a certification stating that the employee shall repay the | | a certification stating that the employee shall repay the |
| n | bonus in accordance with a final order issued in accord6 ance with subsection (c). | n | bonus in accordance with a final order issued in accord10 ance with subsection (c). |
| ‘‘(e) APPEAL.—An employee determined to be ineli- | | ‘‘(e) APPEAL.—An employee determined to be ineli- |
| gible for a bonus under subsection (b) or against whom | | gible for a bonus under subsection (b) or against whom |
| an order is issued under subsection (c) may appeal to the | | an order is issued under subsection (c) may appeal to the |
| Merit Systems Protection Board under section 7701 of | | Merit Systems Protection Board under section 7701 of |
| title 5. | | title 5. |
| ‘‘(f) RULEMAKING.—The Secretary may promulgate | | ‘‘(f) RULEMAKING.—The Secretary may promulgate |
| such rules as the Secretary considers appropriate to carry | | such rules as the Secretary considers appropriate to carry |
| out this section. | | out this section. |
| ‘‘(g) DEFINITIONS.—In this section: | | ‘‘(g) DEFINITIONS.—In this section: |
| ‘‘(1) The term ‘adverse finding’ relating to an | | ‘‘(1) The term ‘adverse finding’ relating to an |
| by section 121, the following new item: | | by section 121, the following new item: |
| ‘‘716. Prohibition on award of bonuses to employees under consideration for adverse actions or s | | ‘‘716. Prohibition on award of bonuses to employees under consideration for adverse actions or s |
| ubject of adverse findings.’’. | | ubject of adverse findings.’’. |
| SEC. 123. RETENTION OF RECORDS OF REPRIMANDS AND | | SEC. 123. RETENTION OF RECORDS OF REPRIMANDS AND |
| ADMONISHMENTS RECEIVED BY EMPLOYEES | | ADMONISHMENTS RECEIVED BY EMPLOYEES |
| OF THE DEPARTMENT OF VETERANS AF- | | OF THE DEPARTMENT OF VETERANS AF- |
| FAIRS. | | FAIRS. |
| (a) IN GENERAL.—Chapter 7 of title 38, United | | (a) IN GENERAL.—Chapter 7 of title 38, United |
| States Code, is further amended by inserting after section | | States Code, is further amended by inserting after section |
| 716, as added by section 122, the following new section: | | 716, as added by section 122, the following new section: |
| ‘‘§ 717. Record of reprimands and admonishments | | ‘‘§ 717. Record of reprimands and admonishments |
| n | ‘‘(a) IN GENERAL.—If any employee of the Depart- | n | ‘‘(a) IN GENERAL.—Except as provided in subsection |
| ment receives a reprimand or admonishment from the Sec- | | (b), if any employee of the Department receives a rep11 rimand or admonishment from the Secretary, t |
| | | he Sec12 retary shall retain a copy of such reprimand or admonish13 ment in the permanent record of |
| | | the employee for not less |
| retary, the Secretary shall retain a copy of such reprimand | | than three years after the date on which the employee re15 ceived the reprimand or admonishment. |
| or admonishment in the permanent record of the employee | | ‘‘(b) REMOVAL.—After the end of the three-year pe- |
| | | riod specified in subsection (a) with respect to a reprimand |
| | | or admonishment received by an employee, the Secretary |
| | | shall remove the reprimand or admonishment, as the case |
| | | may be, from the permanent record of the employee on |
| until the earliest of the following: | | the earlier of the following: |
| ‘‘(1) The date that the Secretary determines | | |
| under subsection (b)(1) that the record of the em- | | |
| ployee merits the removal of the reprimand or ad- | | |
| monishment from the permanent record of the em- | | |
| ployee. | | |
| ‘‘(2) The date on which the Secretary deter- | | ‘‘(1) The date on which the Secretary deter- |
| mines, pursuant to an appeal under subsection (c), | | |
| that the reprimand or admonishment of the em- | | mines that the reprimand or admonishment merits |
| ployee was improper. | | removal from the permanent record of the employee. |
| ‘‘(b) REMOVAL FROM RECORD.—(1) For each rep- | | ‘‘(2) The date that is five years after the date |
| rimand or admonishment that has been retained in the | | on which the employee received the reprimand or ad- |
| permanent record of an employee under subsection (a) for | | |
| a period of five years, the Secretary shall review the record | | |
| of the employee and determine whether the record of the | | |
| employee merits the removal of the reprimand or admon19 ishment from the permanent record of the emp | | |
| loyee. | | |
| ‘‘(2) For purposes of paragraph (1), a record of an | | |
| employee merits removal of a reprimand or admonishment | | |
| from the permanent record of the employee if the Sec23 retary determines that— | | |
| ‘‘(A) the employee has taken such corrective ac- | | |
| tion as the Secretary considers appropriate with re- | | |
| spect to the matter that gave rise to the reprimand | | |
| or admonishment; and | | |
| ‘‘(B) the employee has not conducted any other | | |
| action that, or failed to conduct any action the fail- | | |
| ure of which, merited another reprimand or admon- | | |
| ishment. | | monishment. |
| ‘‘(c) APPEALS.—If an employee receives a reprimand | | ‘‘(c) APPEALS.—If an employee receives a reprimand |
| n | or admonishment that the employee believes he or she re9 ceived improperly, the employee may immedia | n | or admonishment that the employee believes he or she re6 ceived improperly, the employee may immedia |
| tely appeal | | tely appeal |
| the reprimand or admonishment.’’. | | the reprimand or admonishment.’’. |
| (b) CLERICAL AMENDMENT.—The table of sections | | (b) CLERICAL AMENDMENT.—The table of sections |
| at the beginning of such chapter is further amended by | | at the beginning of such chapter is further amended by |
| inserting after the item relating to section 716, as added | | inserting after the item relating to section 716, as added |
| by section 122, the following new item: | | by section 122, the following new item: |
| ‘‘717. Record of reprimands and admonishments.’’. | | ‘‘717. Record of reprimands and admonishments.’’. |
| SEC. 124. LIMITATION ON ADMINISTRATIVE LEAVE FOR EM- | | SEC. 124. LIMITATION ON ADMINISTRATIVE LEAVE FOR EM- |
| PLOYEES OF DEPARTMENT OF VETERANS AF- | | PLOYEES OF DEPARTMENT OF VETERANS AF- |
| FAIRS. | | FAIRS. |
| (a) IN GENERAL.—Chapter 7 of title 38, United | | (a) IN GENERAL.—Chapter 7 of title 38, United |
| States Code, is further amended by inserting after section | | States Code, is further amended by inserting after section |
| 717, as added by section 123, the following new section: | | 717, as added by section 123, the following new section: |
| ‘‘§ 718. Administrative leave limitation and report | | ‘‘§ 718. Administrative leave limitation and report |
| ‘‘(a) LIMITATION APPLICABLE | | ‘‘(a) LIMITATION APPLICABLE |
| WITHIN | | WITHIN |
| THE | | THE |
| TO | | TO |
| EMPLOYEES | | EMPLOYEES |
| DEPARTMENT.—(1) The Secretary may not | | DEPARTMENT.—(1) The Secretary may not |
| place any covered individual on administrative leave for | | place any covered individual on administrative leave for |
| n | more than a total of 14 business days during any 3652 day period. | n | more than a total of 14 business days during any 36523 day period. |
| ‘‘(2)(A) The Secretary may waive the limitation | | ‘‘(2)(A) The Secretary may waive the limitation |
| n | under paragraph (1) and extend the period of administra5 tive leave of a covered individual if the S | n | under paragraph (1) and extend the period of administra- |
| ecretary submits | | |
| | | tive leave of a covered individual if the Secretary submits |
| to the Committee on Veterans’ Affairs of the Senate and | | to the Committee on Veterans’ Affairs of the Senate and |
| n | the Committee on Veterans’ Affairs of the House of Rep8 resentatives a detailed explanation of the | n | the Committee on Veterans’ Affairs of the House of Rep4 resentatives a detailed explanation of the |
| reasons the cov9 ered individual was placed on administrative leave and the | | reasons the cov5 ered individual was placed on administrative leave and the |
| reasons for the extension of such leave. | | reasons for the extension of such leave. |
| ‘‘(B) Such explanation shall include the position of | | ‘‘(B) Such explanation shall include the position of |
| the covered individual and the location where the covered | | the covered individual and the location where the covered |
| individual is employed. | | individual is employed. |
| ‘‘(3) In this subsection, the term ‘covered individual’ | | ‘‘(3) In this subsection, the term ‘covered individual’ |
| n | means an employee of the Department, including an em16 ployee in a senior executive position (as def | n | means an employee of the Department, including an em12 ployee in a senior executive position (as def |
| ined in section | | ined in section |
| 713(d) of this title)— | | 713(d) of this title)— |
| ‘‘(A) who is subject to an investigation for pur- | | ‘‘(A) who is subject to an investigation for pur- |
| poses of determining whether such individual should | | poses of determining whether such individual should |
| be subject to any disciplinary action under this title | | be subject to any disciplinary action under this title |
| or title 5; or | | or title 5; or |
| ‘‘(B) against whom any disciplinary action is | | ‘‘(B) against whom any disciplinary action is |
| proposed or initiated under this title or title 5. | | proposed or initiated under this title or title 5. |
| ‘‘(b) REPORT | | ‘‘(b) REPORT |
| ON | | ON |
| ADMINISTRATIVE LEAVE.—(1) Not | | ADMINISTRATIVE LEAVE.—(1) Not |
| later than 30 days after the end of each fiscal year, the | | later than 30 days after the end of each fiscal year, the |
| n | Secretary shall submit to the Committee on Veterans’ Af2 fairs of the Senate and the Committee on | n | Secretary shall submit to the Committee on Veterans’ Af23 fairs of the Senate and the Committee on |
| Veterans’ Af3 fairs of the House of Representatives a report listing the | | Veterans’ Af24 fairs of the House of Representatives a report listing the |
| position of each employee of the Department (if any) who | | position of each employee of the Department (if any) who |
| has been placed on administrative leave for a period longer | | has been placed on administrative leave for a period longer |
| than 14 business days during such fiscal year. | | than 14 business days during such fiscal year. |
| ‘‘(2) Each report submitted under paragraph (1) | | ‘‘(2) Each report submitted under paragraph (1) |
| shall include, with respect to each employee listed in such | | shall include, with respect to each employee listed in such |
| report, the following: | | report, the following: |
| ‘‘(A) The position occupied by the employee. | | ‘‘(A) The position occupied by the employee. |
| ‘‘(B) The number of business days of such | | ‘‘(B) The number of business days of such |
| leave. | | leave. |
| ‘‘(C) The reason that such employee was placed | | ‘‘(C) The reason that such employee was placed |
| on such leave. | | on such leave. |
| ‘‘(3) In submitting each report under paragraph (1), | | ‘‘(3) In submitting each report under paragraph (1), |
| n | the Secretary shall take such measures to protect the pri17 vacy of the employees listed in the repo | n | the Secretary shall take such measures to protect the pri13 vacy of the employees listed in the repo |
| rt as the Secretary | | rt as the Secretary |
| considers appropriate. | | considers appropriate. |
| ‘‘(c) ADMINISTRATIVE LEAVE DEFINED.—In this | | ‘‘(c) ADMINISTRATIVE LEAVE DEFINED.—In this |
| section, the term ‘administrative leave’— | | section, the term ‘administrative leave’— |
| ‘‘(1) means an administratively authorized ab- | | ‘‘(1) means an administratively authorized ab- |
| sence from duty without loss of pay or charge to | | sence from duty without loss of pay or charge to |
| leave, for which the employee is placed— | | leave, for which the employee is placed— |
| ‘‘(A) due to an investigation; or | | ‘‘(A) due to an investigation; or |
| ‘‘(B) while disciplinary action is proposed | | ‘‘(B) while disciplinary action is proposed |
| or initiated; and | | or initiated; and |
| ‘‘(2) includes any type of paid nonduty status | | ‘‘(2) includes any type of paid nonduty status |
| committees of Congress’’ means— | | committees of Congress’’ means— |
| OF | | OF |
| CON- | | CON- |
| this subsection, the term ‘‘appropriate | | this subsection, the term ‘‘appropriate |
| (A) the Committee on Appropriations and | | (A) the Committee on Appropriations and |
| the Committee on Veterans’ Affairs of the Sen- | | the Committee on Veterans’ Affairs of the Sen- |
| ate; and | | ate; and |
| (B) the Committee on Appropriations and | | (B) the Committee on Appropriations and |
| the Committee on Veterans’ Affairs of the | | the Committee on Veterans’ Affairs of the |
| House of Representatives. | | House of Representatives. |
| n | | n | SEC. 126. LIMITATION ON AWARDS AND BONUSES PAID TO |
| | | EMPLOYEES OF DEPARTMENT OF VETERANS |
| | | AFFAIRS. |
| | | Section 705 of the Veterans Access, Choice, and Ac- |
| | | countability Act of 2014 (Public Law 113–146; 38 U.S.C. |
| | | 703 note) is amended to read as follows: |
| | | ‘‘SEC. 705. LIMITATION ON AWARDS AND BONUSES PAID TO |
| | | EMPLOYEES OF DEPARTMENT OF VETERANS |
| | | AFFAIRS. |
| | | ‘‘(a) IN GENERAL.—The Secretary of Veterans Af- |
| | | fairs shall ensure that the aggregate amount of awards |
| | | and bonuses paid by the Secretary in a fiscal year under |
| | | chapter 45 or 53 of title 5, United States Code, or any |
| | | other awards or bonuses authorized under such title or |
| | | title 38, United States Code, does not exceed the following |
| | | amounts: |
| | | ‘‘(1) With respect to each of fiscal years 2015 |
| | | and 2016, $360,000,000. |
| | | ‘‘(2) With respect to each of fiscal years 2017 |
| | | through 2021, $300,000,000. |
| | | ‘‘(b) SENSE |
| | | OF |
| | | CONGRESS.—It is the sense of Con- |
| | | gress that the limitation under subsection (a) should not |
| | | disproportionately impact lower-wage employees and that |
| | | the Department of Veterans Affairs is encouraged to use |
| | | bonuses to incentivize high-performing employees in areas |
| | | in which retention is challenging.’’. |
| Subtitle D—Other Personnel and | | Subtitle D—Other Personnel and |
| Accountability Matters | | Accountability Matters |
| SEC. 131. WRITTEN OPINION ON CERTAIN EMPLOYMENT | | SEC. 131. WRITTEN OPINION ON CERTAIN EMPLOYMENT |
| RESTRICTIONS | | RESTRICTIONS |
| PLOYMENT WITH THE DEPARTMENT OF VET- | | PLOYMENT WITH THE DEPARTMENT OF VET- |
| n | ERANS AFFAIRS. | n | |
| AFTER | | AFTER |
| TERMINATING | | TERMINATING |
| EM- | | EM- |
| n | | n | ERANS AFFAIRS. |
| (a) IN GENERAL.—Chapter 7 of title 38, United | | (a) IN GENERAL.—Chapter 7 of title 38, United |
| n | States Code, as amended by subtitles A, B, and C, is fur18 ther amended by inserting after section 7 | n | States Code, as amended by subtitles A, B, and C, is fur13 ther amended by inserting after section 7 |
| 18, as added by | | 18, as added by |
| section 124, the following new section: | | section 124, the following new section: |
| n | ‘‘§ 719. Written opinion on certain employment re21 | n | ‘‘§ 719. Written opinion on certain employment re16 |
| strictions after terminating employment | | strictions after terminating employment |
| with the Department | | with the Department |
| ‘‘(a) IN GENERAL.—Before terminating employment | | ‘‘(a) IN GENERAL.—Before terminating employment |
| with the Department, any official of the Department who | | with the Department, any official of the Department who |
| has participated personally and substantially during the | | has participated personally and substantially during the |
| one-year period ending on the date of the termination in | | one-year period ending on the date of the termination in |
| an | | an |
| acquisition | | acquisition |
| by | | by |
| the | | the |
| Department | | Department |
| that | | that |
| exceeds | | exceeds |
| n | $10,000,000 shall obtain a written opinion from an appro4 priate ethics counselor at the Department | n | $10,000,000 shall obtain a written opinion from an appro24 priate ethics counselor at the Department |
| regarding any | | regarding any |
| restrictions on activities that the official may undertake | | restrictions on activities that the official may undertake |
| n | on behalf of a covered contractor during the two-year pe7 riod beginning on the date on which the of | n | on behalf of a covered contractor during the two-year pe2 riod beginning on the date on which the of |
| ficial terminates | | ficial terminates |
| such employment. | | such employment. |
| ‘‘(b) COVERED CONTRACTOR DEFINED.—In this sec- | | ‘‘(b) COVERED CONTRACTOR DEFINED.—In this sec- |
| n | tion, the term ‘covered contractor’ means a contractor car11 rying out a contract entered into w | n | tion, the term ‘covered contractor’ means a contractor car6 rying out a contract entered into wi |
| ith the Department, | | th the Department, |
| including pursuant to a subcontract.’’. | | including pursuant to a subcontract.’’. |
| (b) CLERICAL AMENDMENT.—The table of sections | | (b) CLERICAL AMENDMENT.—The table of sections |
| at the beginning of chapter 7 of such title is further | | at the beginning of chapter 7 of such title is further |
| amended by inserting after the item relating to section | | amended by inserting after the item relating to section |
| 718, as added by section 124, the following new item: | | 718, as added by section 124, the following new item: |
| ‘‘719. Written opinion on certain employment restrictions after leaving the Department.’’. | | ‘‘719. Written opinion on certain employment restrictions after leaving the Department.’’. |
| SEC. 132. REQUIREMENT FOR CONTRACTORS OF THE DE- | | SEC. 132. REQUIREMENT FOR CONTRACTORS OF THE DE- |
| PARTMENT EMPLOYING CERTAIN RECENTLY | | PARTMENT EMPLOYING CERTAIN RECENTLY |
| SEPARATED DEPARTMENT EMPLOYEES. | | SEPARATED DEPARTMENT EMPLOYEES. |
| (a) IN GENERAL.—Subchapter II of chapter 81 of | | (a) IN GENERAL.—Subchapter II of chapter 81 of |
| title 38, United States Code, is amended by adding at the | | title 38, United States Code, is amended by adding at the |
| end the following new section: | | end the following new section: |
| n | ‘‘§ 8129. Requirement for contractors employing cer2 | n | ‘‘§ 8129. Requirement for contractors employing cer19 |
| tain recently separated Department em- | | tain recently separated Department em- |
| ployees | | ployees |
| ‘‘(a) IN GENERAL.—A covered contractor may not | | ‘‘(a) IN GENERAL.—A covered contractor may not |
| knowingly provide compensation to an individual described | | knowingly provide compensation to an individual described |
| in subsection (b) during the two-year period beginning on | | in subsection (b) during the two-year period beginning on |
| the date on which the individual terminates employment | | the date on which the individual terminates employment |
| n | with the Department unless the covered contractor deter9 mines that the individual— | n | with the Department unless the covered contractor deter2 mines that the individual— |
| ‘‘(1) has obtained the written opinion required | | ‘‘(1) has obtained the written opinion required |
| under section 719(a) of this title; or | | under section 719(a) of this title; or |
| ‘‘(2) has requested such written opinion not | | ‘‘(2) has requested such written opinion not |
| later than 30 days before receiving compensation | | later than 30 days before receiving compensation |
| from the covered contractor. | | from the covered contractor. |
| ‘‘(b) INDIVIDUAL DESCRIBED.—An individual de- | | ‘‘(b) INDIVIDUAL DESCRIBED.—An individual de- |
| scribed in this subsection is any official of the Department | | scribed in this subsection is any official of the Department |
| who participated personally and substantially during the | | who participated personally and substantially during the |
| n | one-year period ending on the date of the termination indi19 vidual’s employment with the Departme | n | one-year period ending on the date of the termination of |
| nt in an acquisi20 tion by the Department that exceeds $10,000,000. | | |
| | | the individual’s employment with the Department in an |
| | | acquisition by the Department that exceeds $10,000,000. |
| ‘‘(c) COVERED CONTRACTOR DEFINED.—In this sec- | | ‘‘(c) COVERED CONTRACTOR DEFINED.—In this sec- |
| n | tion, the term ‘covered contractor’ means a contractor car23 rying out a contract entered into w | n | tion, the term ‘covered contractor’ means a contractor car16 rying out a contract entered into w |
| ith the Department, | | ith the Department, |
| including pursuant to a subcontract.’’. | | including pursuant to a subcontract.’’. |
| (b) APPLICATION.—The requirement under section | | (b) APPLICATION.—The requirement under section |
| n | 8129(a) of title 38, United States Code, as added by sub- | n | |
| section (a), shall apply with respect to any entity that en2 ters into a contract with the Departmen | | 8129(a) of title 38, United States Code, as added by sub20 section (a), shall apply with respect to |
| t on or after the | | any entity that en21 ters into a contract with the Department on or after the |
| date of the enactment of this title. | | date of the enactment of this title. |
| (c) CLERICAL AMENDMENT.—The table of sections | | (c) CLERICAL AMENDMENT.—The table of sections |
| at the beginning of chapter 81 of such title is amended | | at the beginning of chapter 81 of such title is amended |
| by inserting after the item relating to section 8128 the | | by inserting after the item relating to section 8128 the |
| following new item: | | following new item: |
| ‘‘8129. Requirement for contractors employing certain recently separated Department employees.†| | ‘‘8129. Requirement for contractors employing certain recently separated Department employees.†|
| ™â€™. | | ™â€™. |
| SEC. 133. DEPARTMENT OF VETERANS AFFAIRS PROGRAM | | SEC. 133. DEPARTMENT OF VETERANS AFFAIRS PROGRAM |
| OF INTERNAL AUDITS. | | OF INTERNAL AUDITS. |
| (a) IN GENERAL.—Subchapter II of chapter 5 of title | | (a) IN GENERAL.—Subchapter II of chapter 5 of title |
| n | 38, United States Code, is amended by inserting after sec12 tion 527 the following new section: | n | 38, United States Code, is amended by inserting after sec7 tion 527 the following new section: |
| ‘‘§ 527A. Program of internal audits | | ‘‘§ 527A. Program of internal audits |
| ‘‘(a) PROGRAM REQUIRED.—(1) The Secretary shall | | ‘‘(a) PROGRAM REQUIRED.—(1) The Secretary shall |
| carry out a program of internal audits and self-analysis | | carry out a program of internal audits and self-analysis |
| to improve the furnishing of benefits and health care to | | to improve the furnishing of benefits and health care to |
| veterans and their families. | | veterans and their families. |
| ‘‘(2) The Secretary shall carry out the program re- | | ‘‘(2) The Secretary shall carry out the program re- |
| quired by paragraph (1) through an office the Secretary | | quired by paragraph (1) through an office the Secretary |
| n | shall establish for purposes of the program within the of21 fice of the Secretary that is interdisci | n | shall establish for purposes of the program within the of16 fice of the Secretary that is interdisci |
| plinary and inde22 pendent of— | | plinary and inde17 pendent of— |
| ‘‘(A) the other offices within the office of the | | ‘‘(A) the other offices within the office of the |
| Secretary; and | | Secretary; and |
| ‘‘(B) the covered administrations (or functions | | ‘‘(B) the covered administrations (or functions |
| of such administrations), staff organizations, and | | of such administrations), staff organizations, and |
| staff offices identified under subsection (b)(1)(A). | | staff offices identified under subsection (b)(1)(A). |
| ‘‘(b) PROGRAM REQUIREMENTS.—(1) In carrying out | | ‘‘(b) PROGRAM REQUIREMENTS.—(1) In carrying out |
| the program required by subsection (a), the Secretary | | the program required by subsection (a), the Secretary |
| shall— | | shall— |
| ‘‘(A) conduct periodic risk assessments of the | | ‘‘(A) conduct periodic risk assessments of the |
| Department to identify those covered administra- | | Department to identify those covered administra- |
| ‘‘(B) develop plans that are informed by the | | ‘‘(B) develop plans that are informed by the |
| risk assessments conducted under paragraph (1) to | | risk assessments conducted under paragraph (1) to |
| conduct internal audits of the covered administra- | | conduct internal audits of the covered administra- |
| tions (or functions of such administrations), staff or- | | tions (or functions of such administrations), staff or- |
| ganizations, and staff offices identified under sub- | | ganizations, and staff offices identified under sub- |
| paragraph (A); and | | paragraph (A); and |
| ‘‘(C) conduct internal audits in accordance with | | ‘‘(C) conduct internal audits in accordance with |
| the plans developed pursuant to subparagraph (B). | | the plans developed pursuant to subparagraph (B). |
| ‘‘(2) The Secretary shall carry out under the program | | ‘‘(2) The Secretary shall carry out under the program |
| required by subsection (a) an audit of not fewer than five | | required by subsection (a) an audit of not fewer than five |
| n | covered administrations (or functions of such administra- | n | covered administrations (or functions of such administra22 tions), staff organizations, or staff off |
| | | ices of the Depart23 ment each year. |
| tions), staff organizations, or staff offices of the Depart2 ment each year. | | |
| ‘‘(3) In identifying covered administrations (or func- | | ‘‘(3) In identifying covered administrations (or func- |
| tions of such administrations), staff organizations, and | | tions of such administrations), staff organizations, and |
| staff offices of the Department under paragraph (1)(A), | | staff offices of the Department under paragraph (1)(A), |
| n | the Secretary shall accord priority to the covered adminis7 trations and functions of such administr | n | the Secretary shall accord priority to the covered adminis3 trations and functions of such administr |
| ations. | | ations. |
| ‘‘(4)(A) For purposes of this subsection, the covered | | ‘‘(4)(A) For purposes of this subsection, the covered |
| administrations of the Department are the following: | | administrations of the Department are the following: |
| ‘‘(i) The National Cemetery Administration. | | ‘‘(i) The National Cemetery Administration. |
| ‘‘(ii) The Veterans Benefits Administration. | | ‘‘(ii) The Veterans Benefits Administration. |
| ‘‘(iii) The Veterans Health Administration. | | ‘‘(iii) The Veterans Health Administration. |
| n | ‘‘(B) For purposes this subsection, the covered staff | n | ‘‘(B) For purposes of this subsection, the covered |
| organizations of the Department are the following: | | staff organizations of the Department are the following: |
| ‘‘(i) The Office of Acquisition, Logistics, and | | ‘‘(i) The Office of Acquisition, Logistics, and |
| Construction. | | Construction. |
| ‘‘(ii) The Advisory Committee Management Office. | | ‘‘(ii) The Advisory Committee Management Office. |
| ‘‘(iii) The Board of Veterans’ Appeals. | | ‘‘(iii) The Board of Veterans’ Appeals. |
| ‘‘(iv) The Center for Faith-Based and Neigh- | | ‘‘(iv) The Center for Faith-Based and Neigh- |
| borhood Partnerships. | | borhood Partnerships. |
| ‘‘(v) The Center for Minority Veterans. | | ‘‘(v) The Center for Minority Veterans. |
| ‘‘(vi) The Center for Women Veterans. | | ‘‘(vi) The Center for Women Veterans. |
| ‘‘(vii) The Office of General Counsel. | | ‘‘(vii) The Office of General Counsel. |
| ‘‘(viii) The Office of Regulation Policy and | | ‘‘(viii) The Office of Regulation Policy and |