S 12 — Increasing the Department of Veterans Affairs Accountability to Veterans Act of 2017

Summary

Increasing the Department of Veterans Affairs Accountability to Veterans Act of 2017 (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to conduct an annual performance plan for each political appointee that is similar to the plan conducted for career appointee Senior Executive Service employees. Each plan conducted with respect to a VA political appointee shall assess whether such appointee is: (1) recruiting and retaining well-qualified individuals, (2) motivating employees, (3) training and developing employees and preparing them for future leadership roles, and (4) holding managers accountable for addressing performance issues. (Sec. 3) The supervisor of a probationary VA employee shall determine, during the 30-day period ending on the date on which the probationary period ends, whether the employee has demonstrated successful performance and should continue past the probationary period. No VA employee serving a probationary period may complete such period until the employee's supervisor or another appropriate supervisor has made an affirmative performance determination. If no such determination is made before the end of the 60-day period following such 30-day period, the probationary period shall be deemed to have been completed. The VA shall notify Congress at least monthly regarding negative determinations. A successful assessment of a supervisor's probationary period shall include demonstration of management competencies, in addition to the technical skills required for such position. A supervisor's performance plan shall include feedback on his or her actions during an employee's probationary period. (Sec. 4) The VA shall ensure that, as a part of a manager's annual performance plan, the manager is evaluated on actions taken to: (1) address poor employee performance and misconduct, and (2) improve or sustain high levels of employee engagement. (Sec. 5) Before terminating VA employment, an official who has participated personally and substantially during the past year in a VA acquisition that exceeds $10 million shall obtain a written opinion from a VA ethics counselor regarding any restrictions on activities that the official may undertake on behalf of a contractor carrying out a VA contract (covered contractor) during the two-year period after the official terminates VA employment. A covered contractor may not knowingly provide compensation to such a separated VA official during the two-year period after separation unless the contractor determines that the individual has obtained or requested such opinion.

Bill Text

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill establishes new accountability measures for employees and contractors of the Department of Veterans Affairs, including performance plans for political appointees and restrictions on employment for recently separated employees.

• 38 U.S.C. § 7103

  ``Sec. 710. Annual performance plan for political appointees ``(a) In General.--The Secretary shall conduct an annual performance plan for each political appointee of the Department that is similar to the annual performance plan conducted for an employee of the Department who is appointed as a career appointee (as that term is defined in section 3132(a)(4) of title 5) within the Senior Executive Service at the Department. ``(b) Elements of Plan.--Each annual performance plan conducted under subsection (a) with respect to a political appointee of the Department shall include, to the extent applicable, an assessment of whether the appointee is meeting the following goals: ``(1) Recruiting, selecting, and retaining well-qualified individuals for employment at the Department. ``(2) Engaging and motivating employees. ``(3) Training and developing employees and preparing those employees for future leadership roles within the Department. ``(4) Holding each employee of the Department that is a manager accountable for addressing issues relating to performance, in particular issues relating to the performance of employees that report to the manager.``

  This adds a requirement for annual performance plans for political appointees similar to those for career appointees.

• 38 U.S.C. § 7103

  ``Sec. 717. Written opinion on certain employment restrictions after terminating employment with the Department ``(a) In General.--Before terminating employment with the Department, any official of the Department who has participated personally and substantially during the one-year period ending on the date of the termination in an acquisition by the Department that exceeds $10,000,000 shall obtain a written opinion from an appropriate ethics counselor at the Department regarding any restrictions on activities that the official may undertake on behalf of a covered contractor during the two-year period beginning on the date on which the official terminates such employment.``

  This introduces new requirements for officials terminating employment regarding obtaining written opinions on employment restrictions.

• 38 U.S.C. § 8129

  ``Sec. 8129. Requirement for contractors employing certain recently separated Department employees ``(a) In General.--A covered contractor may not knowingly provide compensation to an individual described in subsection (b) during the two-year period beginning on the date on which the individual terminates employment with the Department unless the covered contractor determines that the individual-- ``(1) has obtained the written opinion required under section 717(a) of this title; or ``(2) has requested such written opinion not later than 30 days before receiving compensation from the covered contractor.``

  This establishes restrictions on contractors regarding compensation to certain recently separated employees of the Department.

Action History

1. January 03, 2017

   Introduced in Senate

2. January 03, 2017

   Read twice and referred to the Committee on Veterans' Affairs.

3. May 25, 2017

   Senate Committee on Veterans' Affairs discharged by Unanimous Consent.

4. May 25, 2017

   Senate Committee on Veterans' Affairs discharged by Unanimous Consent.

5. May 25, 2017

   Measure laid before Senate by unanimous consent. (consideration: CR S3189-3190)

6. May 25, 2017

   Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S3189-3190)

7. May 25, 2017

   Passed Senate with an amendment by Unanimous Consent. (text: CR S3189-3190)

8. May 25, 2017

   Message on Senate action sent to the House.

9. May 26, 2017

   Received in the House.

10. May 26, 2017

    Referred to the House Committee on Veterans' Affairs.

Sponsors

• Jerry Moran · Primary

Subjects