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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1550 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  1st Session
                                S. 1550

 To improve the authority of the Secretary of Veterans Affairs to hire 
and retain physicians and other employees of the Department of Veterans 
                    Affairs, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2017

   Mr. Strange (for himself, Mr. Inhofe, Mr. Rubio, and Mr. Cotton) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
 To improve the authority of the Secretary of Veterans Affairs to hire 
and retain physicians and other employees of the Department of Veterans 
                    Affairs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Department of 
Veterans Affairs Quality Employment Act of 2017''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Modification to annual determination of staffing shortages in 
                            Veterans Health Administration.
Sec. 3. Establishment of Department of Veterans Affairs Executive 
                            Management Fellowship Program.
Sec. 4. Accountability of leaders for managing the Department of 
                            Veterans Affairs.
Sec. 5. Reemployment of former employees at Department of Veterans 
                            Affairs.
Sec. 6. Recruiting database at Department of Veterans Affairs.
Sec. 7. Training for human resources professionals of Veterans Health 
                            Administration on recruitment and 
                            retention.
Sec. 8. Promotional opportunities for technical experts at Department 
                            of Veterans Affairs.
Sec. 9. Comptroller General of the United States assessment of 
                            succession planning at Department of 
                            Veterans Affairs.
Sec. 10. Employment of students and recent graduates by Department of 
                            Veterans Affairs.
Sec. 11. Exit surveys at Department of Veterans Affairs.
Sec. 12. Encouragement of transition of military medical professionals 
                            into employment with Veterans Health 
                            Administration.
Sec. 13. Plan to hire directors of medical centers of Department of 
                            Veterans Affairs.
Sec. 14. Recruitment of physicians in Department of Veterans Affairs.

SEC. 2. MODIFICATION TO ANNUAL DETERMINATION OF STAFFING SHORTAGES IN 
              VETERANS HEALTH ADMINISTRATION.

    Section 7412(a) of title 38, United States Code, is amended--
            (1) by striking ``the five occupations'' and inserting ``at 
        a minimum, the five clinical occupations and the five 
        nonclinical occupations''; and
            (2) by striking ``throughout the Department'' and inserting 
        ``with respect to each medical center of the Department,''.

SEC. 3. ESTABLISHMENT OF DEPARTMENT OF VETERANS AFFAIRS EXECUTIVE 
              MANAGEMENT FELLOWSHIP PROGRAM.

    (a) Fellowship Program.--Chapter 7 of title 38, United States Code, 
is amended by adding at the end the following new subchapter:

       ``SUBCHAPTER III--EXECUTIVE MANAGEMENT FELLOWSHIP PROGRAM

``Sec. 741. Executive Management Fellowship Program
    ``(a) Fellowship Program.--There is in the Department an Executive 
Management Fellowship Program. The purpose of the program shall be to 
provide--
            ``(1) eligible employees of the Veterans Benefits 
        Administration and the Veterans Health Administration with 
        training and experience in the private sector; and
            ``(2) eligible employees of a private-sector entity with 
        training and experience in the Department of Veterans Affairs.
    ``(b) Fellowship.--(1) A fellowship provided under this section is 
a 1-year fellowship during which--
            ``(A) with respect to a Department participant, the 
        participant receives training and experience at a private-
        sector entity that is engaged in the administration and 
        delivery of health care or other services similar to the 
        benefits administered by the Secretary; and
            ``(B) with respect to a private-sector participant, the 
        participant receives training and experience at the Veterans 
        Benefits Administration or the Veterans Health Administration.
    ``(2) The Secretary shall enter into such agreements with private-
sector entities as are necessary to carry out this section.
    ``(c) Selection of Recipients.--(1) In August of each year, the 
Secretary shall select--
            ``(A) not fewer than 18 and not more than 30 eligible 
        employees of the Veterans Benefits Administration and the 
        Veterans Health Administration to receive a fellowship under 
        this section; and
            ``(B) not fewer than 18 and not more than 30 eligible 
        employees of private-sector entities to receive a fellowship 
        under this section.
    ``(2) To the extent practicable, the Secretary shall select 
eligible employees under subparagraphs (A) and (B) of paragraph (1) 
from among eligible employees who are veterans in a manner that is 
reflective of the demographics of the veteran population of the United 
States and that whenever practicable provides a preference to such 
employees who represent or service rural areas.
    ``(d) Eligible Employees.--For the purposes of this section, an 
eligible employee is--
            ``(1) with respect to an employee of the Veterans Benefits 
        Administration or the Veterans Health Administration, an 
        employee who--
                    ``(A) is compensated at a rate of basic pay not 
                less than the minimum rate of basic pay payable for 
                grade GS-14 of the General Schedule and not more than 
                either the minimum rate of basic pay payable to a 
                member of the Senior Executive Service under section 
                5382 of title 5 or the minimum rate of basic pay 
                payable pursuant to chapter 74 of this title, as the 
                case may be;
                    ``(B) enters into an agreement with the Secretary 
                under subsection (e); and
                    ``(C) submits to the Secretary an application 
                containing such information and assurances as the 
                Secretary may require; and
            ``(2) with respect to an employee of a private-sector 
        entity, an employee who--
                    ``(A) is employed in a position whose duties and 
                responsibilities are commensurate with an employee of 
                the Department described in paragraph (1);
                    ``(B) enters into an agreement with the Secretary 
                under subsection (e); and
                    ``(C) submits to the Secretary an application 
                containing such information and assurances as the 
                Secretary may require.
    ``(e) Agreements.--(1) An agreement between the Secretary and a 
Department participant shall be in writing, shall be signed by the 
participant, and shall include the following provisions:
            ``(A) The Secretary's agreement to provide the participant 
        with a fellowship under this section.
            ``(B) The participant's agreement--
                    ``(i) to accept the fellowship;
                    ``(ii) after completion of the fellowship, to serve 
                as a full-time employee in the Veterans Benefits 
                Administration or the Veterans Health Administration 
                for at least 2 years as specified in the agreement; and
                    ``(iii) that, during the 2-year period beginning on 
                the last day of the fellowship, the participant will 
                not accept employment in the same industry as the 
                industry of the private-sector entity at which the 
                participant accepts the fellowship.
            ``(C) A provision that any financial obligation of the 
        United States arising out of an agreement entered into under 
        this subchapter, and any obligation of the participant which is 
        conditioned on such agreement, is contingent upon funds being 
        appropriated.
            ``(D) A statement of the damages to which the United States 
        is entitled under this subchapter for the participant's breach 
        of the agreement.
            ``(E) Such other terms as the Secretary determines are 
        required to be included in the agreement.
    ``(2) An agreement between the Secretary and a private-sector 
participant shall be in writing, shall be signed by the participant, 
and shall include the following provisions:
            ``(A) The Secretary's agreement to provide the participant 
        with a fellowship under this section.
            ``(B) The participant's agreement to accept the fellowship.
            ``(C) Such other terms as the Secretary determines are 
        required to be included in the agreement.
    ``(f) Treatment of Recipients.--(1) A Department participant shall 
be considered an employee of the Department for all purposes, including 
for purposes of receiving a salary and benefits, and shall remain 
eligible for all promotion and incentive programs otherwise available 
to such an employee.
    ``(2) A private-sector participant shall be considered an employee 
of the private-sector entity that employs the participant for all 
purposes, including for purposes of receiving a salary and benefits, 
and during the fellowship shall be treated as a contractor of the 
Department.
    ``(g) Reports.--(1) Not later than 60 days after completing a 
fellowship under this section, a recipient of the fellowship shall 
submit to the Secretary a report on the fellowship.
    ``(2) Each such report shall describe the duties of the recipient 
during the fellowship and any recommendations of the recipient for the 
application by the Secretary of industry processes, technologies, and 
best practices.
    ``(3) Not later than 7 days after receiving each such report, the 
Secretary shall submit to the Committees on Veterans' Affairs of the 
Senate and House of Representatives such report without change.
    ``(h) Definitions.--In this section:
            ``(1) The term `Department participant' means an employee 
        of the Veterans Benefits Administration or the Veterans Health 
        Administration who is participating in the fellowship under 
        this section.
            ``(2) The term `private-sector entity' includes an entity 
        operating under a public-private partnership.
            ``(3) The term `private-sector participant' means an 
        employee of a private-sector entity who is participating in the 
        fellowship under this section.''.
    (b) Deadline for Implementation.--Not later than 1 year after the 
date of the enactment of this Act, the Secretary of Veterans Affairs 
shall implement the Executive Management Fellowship Program required 
under section 741 of title 38, United States Code, as added by 
subsection (a).
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 7 of title 38, United States Code, is amended by adding at the 
end the following new items:

       ``subchapter iii--executive management fellowship program

``741. Executive Management Fellowship Program.''.

SEC. 4. ACCOUNTABILITY OF LEADERS FOR MANAGING THE DEPARTMENT OF 
              VETERANS AFFAIRS.

    (a) In General.--Subchapter I of chapter 7 of title 38, United 
States Code, is amended by inserting after section 717 the following 
new section:
``Sec. 719. 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) 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 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.
    ``(c) Definition of Political Appointee.--In this section, the term 
`political appointee' means an employee of the Department who holds--
            ``(1) a position which has been excepted from the 
        competitive service by reason of its confidential, policy-
        determining, policy-making, or policy-advocating character; or
            ``(2) a position in the Senior Executive Service as a 
        noncareer appointee (as such term is defined in section 3132(a) 
        of title 5).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 7 of such title is amended by inserting after the item relating 
to section 717 the following new item:

``719. Annual performance plan for political appointees.''.

SEC. 5. REEMPLOYMENT OF FORMER EMPLOYEES AT DEPARTMENT OF VETERANS 
              AFFAIRS.

    (a) In General.--Notwithstanding sections 3309 through 3318 of 
title 5, United States Code, the Secretary of Veterans Affairs may 
noncompetitively appoint a qualified former career or career 
conditional employee to any position within the competitive service at 
the Department of Veterans Affairs that is one grade or equivalent 
higher than the grade or equivalent of the position at the Department 
most recently occupied by the employee.
    (b) Limitation.--The Secretary may not appoint a qualified former 
employee to a position that is more than one grade (or equivalent) 
higher than the position at the Department most recently occupied by 
the employee.
    (c) Definition of Qualified Former Employee.--For purposes of this 
section, the term ``qualified former employee'' means any individual 
who--
            (1) formerly occupied any career or career conditional 
        position at the Department of Veterans Affairs within 2 years 
        before applying for reemployment at the Department;
            (2) voluntarily left such position, or was subject to a 
        reduction in force, and had a satisfactory performance record 
        while occupying such position; and
            (3) since leaving such position has maintained licensing 
        requirements, related to the position, if any, and gained 
        skill, knowledge, or other factors related to the position.

SEC. 6. RECRUITING DATABASE AT DEPARTMENT OF VETERANS AFFAIRS.

    (a) Establishment.--The Secretary of Veterans Affairs shall 
establish a single database that lists--
            (1) each vacant position in the Department of Veterans 
        Affairs that the Secretary determines is critical to the 
        mission of the Department, difficult to fill, or both; and
            (2) each vacant position in the Department of Veterans 
        Affairs for a mental health professional.
    (b) Qualified Applicant.--If the Secretary determines that an 
applicant for a vacant position listed in the database established 
under subsection (a) is qualified for such position but does not select 
the applicant for such position, the Secretary, at the election of the 
applicant, may consider the applicant for other similar vacant 
positions listed in the database for which the applicant is qualified.
    (c) Prolonged Vacancies.--If the Secretary does not fill a vacant 
position listed in the database established under subsection (a) after 
a period determined appropriate by the Secretary, the Secretary--
            (1) may ensure that applicants described in subsection (b) 
        are considered for such position; and
            (2) may use the database established under subsection (a) 
        to assist in filling such position.
    (d) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to Congress a report 
on the use and efficacy of the database established under subsection 
(a).

SEC. 7. TRAINING FOR HUMAN RESOURCES PROFESSIONALS OF VETERANS HEALTH 
              ADMINISTRATION ON RECRUITMENT AND RETENTION.

    (a) In General.--The Secretary of Veterans Affairs shall provide to 
human resources professionals of the Veterans Health Administration 
training on how to best recruit and retain employees of the Veterans 
Health Administration, including with respect to any recruitment and 
retention matters that are unique to the Veterans Health Administration 
pursuant to chapter 74 of title 38, United States Code, or other 
provisions of law.
    (b) Virtual Training.--Training provided under this section shall 
be provided virtually.
    (c) Amount of Training.--The Secretary shall ensure that each human 
resources professional of the Veterans Health Administration receives 
the training described in subsection (a)--
            (1) as soon as practicable after being hired by the 
        Secretary as a human resources professional; and
            (2) annually thereafter.
    (d) Certification.--The Secretary shall require that each human 
resources professional of the Veterans Health Administration, upon the 
completion of the training described in subsection (a), certifies that 
the professional received the training and understands the information 
provided by the training.
    (e) Annual Report.--Not less frequently than annually, the 
Secretary shall submit to the Committee on Veterans' Affairs of the 
Senate and the Committee on Veterans' Affairs of the House of 
Representatives a report on the training described in subsection (a), 
including the cost of providing such training and the number of human 
resources professionals who received such training during the year 
covered by the report.

SEC. 8. PROMOTIONAL OPPORTUNITIES FOR TECHNICAL EXPERTS AT DEPARTMENT 
              OF VETERANS AFFAIRS.

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary of Veterans Affairs shall establish a promotional track 
system for employees of the Department of Veterans Affairs that the 
Secretary determines are technical experts pursuant to regulations 
prescribed by the Secretary for purposes of carrying out this section. 
Such system shall--
            (1) provide any such employee the opportunity to advance 
        within the Department without being required to transition to a 
        management position; and
            (2) for purposes of achieving career advancement--
                    (A) provide for the establishment of new positions 
                within the Department; and
                    (B) notwithstanding any other provision of law, 
                provide for increases in pay for any such employee.

SEC. 9. COMPTROLLER GENERAL OF THE UNITED STATES ASSESSMENT OF 
              SUCCESSION PLANNING AT DEPARTMENT OF VETERANS AFFAIRS.

    (a) Assessment.--
            (1) In general.--The Comptroller General of the United 
        States shall assess the extent to which key succession planning 
        policies and guidance at the Department of Veterans Affairs, 
        including the Veterans Health Administration, the Veterans 
        Benefits Administration, and the National Cemetery 
        Administration, are consistent with leading practices for 
        succession and workforce planning identified by Comptroller 
        General.
            (2) Additional matters.--In carrying out the assessment 
        required by paragraph (1), the Comptroller General may assess 
        such other matters as the Comptroller General considers 
        appropriate.
    (b) Report.--Not later than 2 years after the date of the enactment 
of this Act, the Comptroller General shall submit to the Committee on 
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs 
of the House of Representatives a report on the assessment carried out 
under subsection (a).
    (c) Sense of Congress on Study on Compliance With Policies and 
Guidance.--It is the sense of Congress that--
            (1) the Comptroller General should conduct a study to 
        examine the extent to which a sampling of installations of the 
        Department of Veterans Affairs are complying with policies and 
        guidance of the Department, as well as applicable leading 
        practices; and
            (2) the scope and timeframe of a study conducted as 
        described in paragraph (1) may be dependent upon the findings 
        of the Comptroller General with respect to the assessment 
        carried out under subsection (a).

SEC. 10. EMPLOYMENT OF STUDENTS AND RECENT GRADUATES BY DEPARTMENT OF 
              VETERANS AFFAIRS.

    (a) In General.--The Secretary of Veterans Affairs shall prescribe 
regulations to allow for excepted service appointments of students and 
recent graduates leading to conversion to career or career conditional 
employment of a student or recent graduate of a qualifying educational 
institution, as defined by the Department.
    (b) Applicability.--The conversion authority described in 
subsection (a) shall be applicable to individuals in good standing 
who--
            (1) are employed in a qualifying internship or fellowship 
        program at the Department;
            (2) are employed in the Department in a volunteer capacity 
        and performing substantive duties comparable to those of 
        individuals in internship or fellowship programs and meet the 
        required number of hours for conversion;
            (3) are employed in the Department under a contract or 
        agreement with an external nonprofit organization and 
        performing substantive duties comparable to those of 
        individuals in internship or fellowship programs;
            (4) have received educational assistance under chapter 33 
        of title 38, United States Code; or
            (5) graduated from a qualifying educational institution, as 
        defined by the Department, and have not reached 30 years of 
        age.
    (c) Uniformity.--For the purposes of paragraphs (2) and (3) of 
subsection (b), hours of work performed by an individual employed shall 
be considered equal to those performed by an individual employed in a 
qualifying internship or fellowship program by the Department.

SEC. 11. EXIT SURVEYS AT DEPARTMENT OF VETERANS AFFAIRS.

    (a) Exit Surveys Required.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        develop and carry out a standardized exit survey to be 
        voluntarily completed by career and noncareer employees and 
        executives of the Department of Veterans Affairs who 
        voluntarily separate from the Department.
            (2) Consultation.--Such exit survey shall be developed in 
        consultation with an appropriate non-Department entity with 
        experience developing such surveys.
    (b) Survey Content.--The survey shall include, at a minimum, the 
following:
            (1) Reasons for leaving the Department.
            (2) Efforts made by the supervisor of the employee to 
        retain the individual.
            (3) The extent of job satisfaction and engagement during 
        the employment.
            (4) The intent of employee to either remain employed within 
        the Federal Government or to leave employment with the Federal 
        Government.
            (5) Such other matters as the Secretary determines 
        appropriate.
    (c) Anonymity of Survey Content.--The Secretary shall ensure that 
data collected under subsection (a)--
            (1) is anonymized, including through the use of a location 
        that allows for privacy;
            (2) is not directly visible by another employee; and
            (3) does not require the departing employee to input any 
        personally identifiable data.
    (d) Sharing of Survey Data.--The Secretary shall ensure that the 
results of the survey required by subsection (a) are--
            (1) aggregated at the Veterans Integrated Service Network 
        level; and
            (2) shared on an annual basis with directors and managers 
        of facilities of the Department and the Veterans Integrated 
        Service Networks.
    (e) Annual Report.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act and not less frequently than once 
        each year thereafter, the Secretary shall submit to the 
        Committee on Veterans' Affairs of the Senate and the Committee 
        on Veterans' Affairs of the House of Representatives a report 
        containing the aggregate results of the exit survey under 
        subsection (a) covering the year prior to the report.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include, for the period covered by the report, the 
        following:
                    (A) An analysis of the most common reasons 
                employees choose to leave the Department.
                    (B) The steps the Secretary is taking to improve 
                retention, particularly for mission-critical 
                occupations.
                    (C) The demographic characteristics of employees 
                choosing to leave the Department.
                    (D) Any legislative barriers to improving employee 
                retention.
                    (E) The total number of employees who voluntarily 
                separated from the Department and the number and 
                percentage of whom took the exit survey under 
                subsection (a).

SEC. 12. ENCOURAGEMENT OF TRANSITION OF MILITARY MEDICAL PROFESSIONALS 
              INTO EMPLOYMENT WITH VETERANS HEALTH ADMINISTRATION.

    The Secretary of Veterans Affairs shall establish a program to 
encourage an individual who serves in the Armed Forces with a military 
occupational specialty relating to the provision of health care to seek 
employment with the Veterans Health Administration when the individual 
has been discharged or released from service in the Armed Forces or is 
contemplating separating from such service.

SEC. 13. PLAN TO HIRE DIRECTORS OF MEDICAL CENTERS OF DEPARTMENT OF 
              VETERANS AFFAIRS.

    (a) Plan.--Not later than 120 days after the date of the enactment 
of this Act, the Secretary of Veterans Affairs shall develop and 
implement a plan to hire highly qualified directors for each medical 
center of the Department of Veterans Affairs that lacks a permanent 
director as of the date of the plan.
    (b) Priority.--The Secretary shall prioritize under the plan 
developed under subsection (a) the hiring of directors for medical 
centers that have not had a permanent director for the longest periods.
    (c) Matters Included.--The plan developed under subsection (a) 
shall include the following:
            (1) A deadline to hire directors of medical centers of the 
        Department as described in such subsection.
            (2) Identification of the possible impediments to such 
        hiring.
            (3) Identification of opportunities to promote and train 
        candidates from within the Department to senior executive 
        positions in the Department, including as directors of medical 
        centers.
    (d) Submittal of Plan.--Not later than 120 days after the date of 
the enactment of this Act, the Secretary shall submit to the Committee 
on Veterans' Affairs of the Senate and the Committee on Veterans' 
Affairs of the House of Representatives the plan developed under 
subsection (a).
    (e) Semiannual Reports.--Not later than 180 days after the date of 
the enactment of this Act, and not later than the end of each 180-day 
period thereafter until January 1, 2018, the Secretary shall submit to 
the Committee on Veterans' Affairs of the Senate and the Committee on 
Veterans' Affairs of the House of Representatives a report containing a 
list of each medical center of the Department that lacks a permanent 
director as of the date of the report.

SEC. 14. RECRUITMENT OF PHYSICIANS IN DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Section 7402(b)(1) of title 38, United States 
Code, is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``or to be offered a contingent appointment to such a 
        position,'' after ``position,''; and
            (2) by striking subparagraph (B) and inserting the 
        following new subparagraph (B):
            ``(B)(i) have completed a residency program satisfactory to 
        the Secretary, or
            ``(ii) with respect to an offer for a contingent 
        appointment upon the completion of a post-graduate training 
        program, complete such a residency program by not later than 
        two years after the date of such offer, and''.
    (b) Oversight of Graduate Medical Education Programs.--The 
Secretary of Veterans Affairs shall--
            (1) ensure that a recruiter or other similar official of 
        each Veterans Integrated Service Network visits, not less 
        frequently than annually, each allopathic and osteopathic 
        teaching institution with a graduate medical education program 
        within the Network to recruit individuals to be appointed to 
        positions in the Veterans Health Administration; and
            (2) not less frequently than annually, submit to Congress a 
        report on the implementation of paragraph (1), including the 
        success of recruitment efforts under such paragraph.
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