II 

115TH CONGRESS 

1ST SESSION S. 1325 

To amend title 38, United States Code, to improve the authorities of the 

Secretary of Veterans Affairs to hire, recruit, and train employees of 

the Department of Veterans Affairs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 8, 2017 

Mr. TESTER (for himself, Mr. MORAN, Mrs. MCCASKILL, Mr. KAINE, Ms. 

HASSAN, and Mr. CRAPO) introduced the following bill; which was read 

twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to improve the 

authorities of the Secretary of Veterans Affairs to hire, 

recruit, and train employees of the Department of Veterans Affairs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Better Workforce for Veterans Act of 2017’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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TITLE I—RECRUITMENT AND HIRING MATTERS 

Sec. 101. Improved authorities for hiring of students and recent graduates by 

Department of Veterans Affairs. 

Sec. 102. Expansion of direct-hiring authority for Department of Veterans Affairs in case of shortage of highly qualified candidates. 

Sec. 103. Authority for Secretary of Veterans Affairs on hiring of former Federal employees for high-demand positions. 

Sec. 104. Use by Department of Veterans Affairs of re ́sume ́-based application 

method for hiring of senior executives. 

Sec. 105. Requirement for establishment of Department of Veterans Affairs recruiting database. 

Sec. 106. Requirement that Secretary of Veterans Affairs collect information on 

hiring effectiveness. 

Sec. 107. Requirement that Secretary of Veterans Affairs carry out standardized exit surveys. 

Sec. 108. Service requirements for hiring preference. 

Sec. 109. Exception on limitation on awards and bonuses for recruitment, relocation, and retention. 

Sec. 110. Modification of qualifications for Chief Officer of the Readjustment 

Counseling Service of the Veterans Health Administration. 

Sec. 111. Report on workforce vacancies within the Veterans Health Administration. 

TITLE II—ACCOUNTABILITY, OVERSIGHT, TRANSPARENCY, AND 

PERSONNEL MATTERS 

Sec. 201. Accountability in reductions in force by Department of Veterans Affairs. 

Sec. 202. Authority for Department of Veterans Affairs public-private talent 

exchange. 

Sec. 203. Treatment of Medical Center Directors and Directors of Veterans Integrated Service Networks. 

Sec. 204. Pay for Medical Center Directors and Directors of Veterans Integrated Service Networks. 

Sec. 205. Requirement for establishment of human resources academy in Veterans Health Administration. 

Sec. 206. Inclusion of mental health professionals in education and training 

program for health personnel of the Department of Veterans 

Affairs. 

Sec. 207. Assignment to Department of Veterans Affairs of commissioned officers of the Regular Corps of the Public Health Service. 

Sec. 208. Holding Department of Veterans Affairs leaders accountable for addressing systemic human capital challenges at the Veterans 

Health Administration. 

Sec. 209. Report on effects of hiring freeze ordered by the President on January 23, 2017. 

Sec. 210. Report on plan of the Secretary of Veterans Affairs to carry out a 

reduction in force at the Department of Veterans Affairs 

through attrition. 

Sec. 211. Transparency regarding staffing levels of nurses employed by the Department of Veterans Affairs and report on pay for such 

nurses. 

Sec. 212. Employment of police officers and firefighters by Department of Veterans Affairs. 


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Sec. 213. Study on communications within the management of the Veterans 

Health Administration. 

1 TITLE I—RECRUITMENT AND 

2 HIRING MATTERS 

3 SEC. 101. IMPROVED AUTHORITIES FOR HIRING OF STU4 DENTS AND RECENT GRADUATES BY DE5 PARTMENT OF VETERANS AFFAIRS. 

6 (a) DIRECT HIRING INTO COMPETITIVE SERVICE.— 

7 (1) IN GENERAL.—Subchapter I of chapter 7 of 

8 title 38, United States Code, is amended by adding 

9 at the end the following new section: 

10 ‘‘§ 718. Student and recent graduate direct hiring 

11 into competitive service 

12 ‘‘(a) HIRING AUTHORITY.—Without regard to sec13 tions 3309 through 3318, 3327, and 3330 of title 5, the 

14 Secretary may recruit and appoint qualified recent grad15 uates and current post-secondary students to competitive 

16 service positions within the Department. 

17 ‘‘(b) LIMITATION ON APPOINTMENTS.—Subject to 

18 subsection (c)(2), the total number of employees appointed 

19 by the Secretary under subsection (a) during a fiscal year 

20 may not exceed the number equal to 15 percent of the 

21 number of hires made into professional and administrative 

22 occupations of the Department at the GS–11 level and 

23 below (or equivalent) under competitive examining proce24 dures during the previous fiscal year. 


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1 ‘‘(c) REGULATIONS.—(1) The Secretary shall admin2 ister this section in accordance with regulations prescribed 

3 by the Secretary for purposes of this section. 

4 ‘‘(2) The regulations may establish a lower limit on 

5 the number of individuals appointable under subsection 

6 (a) during a fiscal year than is otherwise provided for 

7 under subsection (b), based on such factors as the Sec8 retary considers appropriate. 

9 ‘‘(3) To the extent practical, as determined by the 

10 Secretary, the Secretary shall publicly advertise positions 

11 available under this section. In carrying out the preceding 

12 sentence, the Secretary shall— 

13 ‘‘(A) take into account merit system principles, 

14 mission requirements, costs, and organizational ben15 efits of any advertising of positions; and 

16 ‘‘(B) advertise such positions in the manner the 

17 Secretary determines is most likely to provide di18 verse and qualified candidates and ensure potential 

19 applicants have appropriate information relevant to 

20 the positions available. 

21 ‘‘(d) DEFINITIONS.—In this section: 

22 ‘‘(1) The term ‘current post-secondary student’ 

23 means a person who— 


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1 ‘‘(A) is currently enrolled in, and in good 

2 academic standing at, a full-time program at an 

3 institution of higher education; 

4 ‘‘(B) is making satisfactory progress to5 ward receipt of a baccalaureate or graduate de6 gree; and 

7 ‘‘(C) has completed at least one year of the 

8 program. 

9 ‘‘(2) The term ‘institution of higher education’ 

10 has the meaning given the term in section 101 of the 

11 Higher Education Act of 1965 (20 U.S.C. 1001). 

12 ‘‘(3) The term ‘recent graduate’, with respect to 

13 appointment of a person under this section, means 

14 a person who was awarded a degree by an institu15 tion of higher education not more than two years be16 fore the date of the appointment of such person, ex17 cept that in the case of a person who has completed 

18 a period of obligated service in a uniformed service 

19 of more than four years, such term means a person 

20 who was awarded a degree by an institution of high21 er education not more than four years before the 

22 date of the appointment of such person.’’. 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of chapter 7 of such title is 


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1 amended by inserting after the item relating to sec2 tion 711 the following new item: 

‘‘718. Student and recent graduate direct hiring into competitive service.’’. 

3 (b) HIRING INTO EXCEPTED SERVICE.— 

4 (1) IN GENERAL.—Subchapter I of chapter 7 of 

5 title 38, United States Code, as amended by sub6 section (a), is further amended by adding at the end 

7 the following new section: 

8 ‘‘§ 719. Student and recent graduate hiring into ex9 cepted service 

10 ‘‘(a) IN GENERAL.—The Secretary shall prescribe 

11 regulations to allow for excepted service appointments of 

12 students and recent graduates leading to conversion to ca13 reer or career conditional employment of a student or re14 cent graduate of a qualifying educational institution, as 

15 defined by the Secretary. 

16 ‘‘(b) APPLICABILITY.—The conversion authority de17 scribed in subsection (a) shall be applicable to individuals 

18 in good standing who— 

19 ‘‘(1) are employed in a qualifying internship or 

20 fellowship program at the Department of Veterans 

21 Affairs; 

22 ‘‘(2) are employed in the Department in a vol23 unteer capacity and performing substantive duties 

24 comparable to those of individuals in internship or 


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1 fellowship programs and meet the required number 

2 of hours for conversion; or 

3 ‘‘(3) are employed in the Department under a 

4 contract or agreement with an external nonprofit or5 ganization and performing substantive duties com6 parable to those of individuals in internship or fel7 lowship programs. 

8 ‘‘(c) UNIFORMITY.—For the purposes of paragraphs 

9 (2) and (3) of subsection (b), hours of work performed 

10 by an individual employed shall be considered equal to 

11 those performed by an individual employed in a qualifying 

12 internship or fellowship program by the Department.’’. 

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions at the beginning of chapter 7 of such title, as 

15 amended by subsection (a), is further amended by 

16 inserting after the item relating to section 718 the 

17 following new item: 

‘‘719. Student and recent graduate hiring into excepted service.’’. 

18 SEC. 102. EXPANSION OF DIRECT-HIRING AUTHORITY FOR 

19 DEPARTMENT OF VETERANS AFFAIRS IN 

20 CASE OF SHORTAGE OF HIGHLY QUALIFIED 

21 CANDIDATES. 

22 Section 3304(a)(3)(B) of title 5, United States Code, 

23 is amended by inserting ‘‘(or, with respect to the Depart24 ment of Veterans Affairs, that there exists a severe shortVerDate Sep 11 2014 02:57 Jun 14, 2017 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1325.IS S1325

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1 age of highly qualified candidates)’’ after ‘‘severe shortage 

2 of candidates’’. 

3 SEC. 103. AUTHORITY FOR SECRETARY OF VETERANS AF4 FAIRS ON HIRING OF FORMER FEDERAL EM5 PLOYEES FOR HIGH-DEMAND POSITIONS. 

6 (a) IN GENERAL.—Subchapter I of chapter 7 of title 

7 38, United States Code, is amended by inserting after sec8 tion 711 the following new section: 

9 ‘‘§ 712. Hiring authority for former Federal employ10 ees for high-demand positions 

11 ‘‘(a) AUTHORITY.—(1) The Secretary may appoint a 

12 former Federal employee to a high-demand position within 

13 the Department (as determined by the Secretary) for 

14 which the former Federal employee is highly qualified 

15 without regard to the provisions of chapter 33 of title 5 

16 governing appointments in the competitive service. 

17 ‘‘(2) The Secretary may appoint a former Federal 

18 employee under paragraph (1) to a position at a higher 

19 grade or with more promotion potential than the position 

20 previously held by the former Federal employee without 

21 regard to section 335.103(c)(1)(vi) of title 5, Code of Fed22 eral Regulations (relating to requirements for competitive 

23 procedures), or any successor thereto. 

24 ‘‘(b) DEFINITION.—In this section, the term ‘former 

25 Federal employee’ means an individual who— 


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1 ‘‘(1) before the date on which the individual is 

2 appointed to a position under subsection (a)(1), per3 formed service as an employee, as defined in section 

4 2105 of title 5, under a career or career-conditional 

5 appointment; and 

6 ‘‘(2) on date on which the individual applies for 

7 the position to which the individual is appointed 

8 under subsection (a)(1), is not performing service as 

9 an employee.’’. 

10 (b) AUDIT.—Not later than 18 months after the date 

11 of the enactment of this Act, the Inspector General of the 

12 Department of Veterans Affairs shall conduct an audit of, 

13 and submit to the Committee on Veterans’ Affairs of the 

14 Senate and the Committee on Veterans’ Affairs of the 

15 House of Representatives a report on the use by the Sec16 retary of Veterans Affairs of the authority under section 

17 712 of such title, as added by subsection (a). 

18 (c) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of chapter 7 of such title is amended by 

20 inserting after the item relating to section 711 the fol21 lowing new item: 

‘‘712. Hiring authority for former Federal employees for high-demand positions.’’. 


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1 SEC. 104. USE BY DEPARTMENT OF VETERANS AFFAIRS OF 

RE ́ SUME ́ 2 -BASED APPLICATION METHOD FOR 

3 HIRING OF SENIOR EXECUTIVES. 

4 (a) IN GENERAL.—Subchapter I of chapter 7 of title 

5 38, United States Code, as amended by section 101, is 

6 further amended by adding at the end the following new 

7 section: 

8 ‘‘§ 720. Senior executive hiring 

9 ‘‘(a) RE ́SUME ́-BASED APPLICATION METHOD.—(1) 

10 The Secretary shall develop and implement a re ́sume ́- 

11 based application method for applications for appointment 

12 to a position as a senior executive in the Department. 

13 ‘‘(2) The re ́sume ́-based application method developed 

14 under subsection (a)— 

15 ‘‘(A) to the extent practicable, shall be com16 parable to the re ́sume ́-based application method for 

17 the Senior Executive Service developed by the Office 

18 of Personnel Management pursuant to Executive 

19 Order 13714 (80 Fed. Reg. 79225 (December 15, 

20 2015)); and 

21 ‘‘(B) shall be used by the Department for initial 

22 applications for a position as a senior executive to 

23 the extent such use will be more efficient and effec24 tive and less burdensome for all participants. 

25 ‘‘(b) CERTIFICATION OF EXECUTIVE AND MANAGE26 RIAL QUALIFICATIONS.—Notwithstanding section 


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1 317.502 of title 5, Code of Federal Regulations (relating 

2 to certification by a Qualifications Review Board of the 

3 Office of Personnel Management), or any successor there4 to, the Secretary may make an initial career appointment 

5 of an individual to a position as a senior executive if a 

6 review board convened by the Department certifies the ex7 ecutive and managerial qualifications of the individual. 

8 ‘‘(c) POSITION AS A SENIOR EXECUTIVE DEFINED.— 

9 In this section, the term ‘position as a senior executive’ 

10 means— 

11 ‘‘(1) a position as a career appointee in a Sen12 ior Executive position (as such terms are defined in 

13 section 3132 of title 5); 

14 ‘‘(2) an administrative or executive position to 

15 which an individual is appointed under section 

16 7306(a) or section 7401(1) of this title; or 

17 ‘‘(3) another senior-level position that is classi18 fied above level 15 of the General Schedule.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of chapter 7 of such title, as amended 

21 by section 101, is further amended by inserting after the 

22 item relating to section 719 the following new item: 

‘‘720. Senior executive hiring.’’. 


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1 SEC. 105. REQUIREMENT FOR ESTABLISHMENT OF DEPART2 MENT OF VETERANS AFFAIRS RECRUITING 

3 DATABASE. 

4 (a) IN GENERAL.—Subchapter I of chapter 7 of title 

5 38, United States Code, as amended by section 104 is fur6 ther amended by adding at the end the following new sec7 tion: 

8 ‘‘§ 721. Recruitment database 

9 ‘‘(a) ESTABLISHMENT REQUIRED.—The Secretary 

10 shall establish and periodically review a single database 

11 that lists each vacant position in the Department of Vet12 erans Affairs that the Secretary determines is critical to 

13 the mission of the Department, difficult to fill, or both. 

14 ‘‘(b) QUALIFIED APPLICANT.—If the Secretary deter15 mines that an applicant for a vacant position listed in the 

16 database established under subsection (a) is qualified for 

17 such position but does not select the applicant for such 

18 position, the Secretary, at the election of the applicant, 

19 shall consider the applicant for other similar vacant posi20 tions listed in the database for which the applicant is 

21 qualified. 

22 ‘‘(c) PROLONGED VACANCIES.—If the Secretary does 

23 not fill a vacant position listed in the database established 

24 under subsection (a) after a period determined appro25 priate by the Secretary, the Secretary— 


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1 ‘‘(1) shall ensure that applicants described in 

2 subsection (b) are considered for such position; and 

3 ‘‘(2) shall use the database established under 

4 subsection (a) to assist in filling such position.’’. 

5 (b) REPORT.—Not later than one year after the date 

6 of the enactment of this Act, the Secretary shall submit 

7 to Congress a report on the use and efficacy of the data8 base established under section 723(a) of title 38, United 

9 States Code, as added by subsection (a). 

10 (c) CLERICAL AMENDMENT.—The table of sections 

11 at the beginning of chapter 7 of such title, as amended 

12 by section 104, is further amended by inserting after the 

13 item relating to section 720 the following new item: 

‘‘721. Recruitment database.’’. 

14 SEC. 106. REQUIREMENT THAT SECRETARY OF VETERANS 

15 AFFAIRS COLLECT INFORMATION ON HIRING 

16 EFFECTIVENESS. 

17 (a) IN GENERAL.—Subchapter I of chapter 7 of title 

18 38, United States Code, as amended by section 105, is 

19 further amended by adding at the end the following new 

20 sections: 

21 ‘‘§ 722. Information on hiring effectiveness 

22 ‘‘(a) IN GENERAL.—The Secretary shall measure and 

23 collect information on indicators of hiring effectiveness as 

24 follows: 

25 ‘‘(1) With respect to recruiting and hiring— 


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1 ‘‘(A) the ability to reach and recruit well2 qualified talent from diverse talent pools, in3 cluding sources of candidates for mission-crit4 ical occupations; 

5 ‘‘(B) the use and impact of special hiring 

6 authorities and flexibilities to recruit most 

7 qualified applicants, including the use of stu8 dent internships as a talent pool for permanent 

9 hires; 

10 ‘‘(C) the use and impact of special hiring 

11 authorities and flexibilities to recruit diverse 

12 candidates, including veteran, minority and dis13 abled candidates; 

14 ‘‘(D) the use and impact of special hiring 

15 authorities and flexibilities to recruit candidates 

16 for mission-critical occupations and occupations 

17 with shortages; 

18 ‘‘(E) the age, educational level, and source 

19 of applicants; 

20 ‘‘(F) the length of time between the date 

21 on which a position is first identified as vacant 

22 and the date on which a first offer of employ23 ment for the position is made; 


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1 ‘‘(G) whether the Secretary considers a va2 cant position critical, a staffing shortage, or dif3 ficult to fill; 

4 ‘‘(H) the length of time between the date 

5 on which a first offer of employment for a posi6 tion is made and the date on which a new hire 

7 starts in that position and the number of offers 

8 of employment made for the position before the 

9 position is filled; 

10 ‘‘(I) the number of internal and external 

11 applicants for positions; 

12 ‘‘(J) the ways in which vacant positions 

13 are advertised; and 

14 ‘‘(K) the number of offers accepted com15 pared to the number of offers made for perma16 nent positions. 

17 ‘‘(2) With respect to the hiring authority— 

18 ‘‘(A) the satisfaction of the hiring author19 ity with— 

20 ‘‘(i) the quality of new hires; 

21 ‘‘(ii) the match between the skills of 

22 newly hired individuals and the needs of 

23 the Department; 


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1 ‘‘(iii) the hiring process and hiring 

2 outcomes after the first year of the em3 ployment of a new hire; and 

4 ‘‘(iv) the length of time that elapses 

5 to fill a position and for a new hire to 

6 begin working in a new position; and 

7 ‘‘(B) mission-critical deficiencies filled by 

8 new hires and the connection between mission9 critical deficiencies and annual agency perform10 ance. 

11 ‘‘(3) Satisfaction of employees with authority to 

12 hire and new employees throughout the Department 

13 with human resources offices of the Department, 

14 which shall be obtained by asking their views of the 

15 information and support they received from their 

16 human resources offices. 

17 ‘‘(4) Satisfaction of employment applicants who 

18 were interviewed with the hiring process, including 

19 with respect to the clarity of job announcement, rea20 sons for withdrawal of applications, user-friendliness 

21 of the application process, communication regarding 

22 status of application, and timeliness of hiring deci23 sion. 

24 ‘‘(5) With respect to a newly hired employee— 


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1 ‘‘(A) the satisfaction of the employee with 

2 the hiring process as described in paragraph 

3 (4); 

4 ‘‘(B) the satisfaction with the process of 

5 joining and becoming oriented with the Depart6 ment, including with respect to the timeliness of 

7 such process after the hiring decision, the ori8 entation process, and being provided with time9 ly and useful new employee information and as10 sistance after the hire is made but before the 

11 new hire starts in that position and after the 

12 new hire has begun; 

13 ‘‘(C) attrition and reasons for leaving; 

14 ‘‘(D) investment in training and develop15 ment for the employee during the first year of 

16 employment; and 

17 ‘‘(E) significant barriers to the effective re18 cruitment, selection, joining and becoming ori19 ented with the Department, and retention of 

20 employees. 

21 ‘‘(b) DISAGGREGATION OF DATA.—To the extent 

22 practicable and in a manner which protects personally 

23 identifiable information of applicants and employees, the 

24 Secretary shall— 


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1 ‘‘(1) collect and report data collected under 

2 subsection (a) disaggregated by facility and Veterans 

3 Integrated Service Network; and 

4 ‘‘(2) ensure that data collected under subsection 

5 (a) is collected from human resources offices 

6 throughout the Department. 

7 ‘‘(c) ANNUAL REPORTS.—(1) Not less frequently 

8 than once each year, the Secretary shall submit to the 

9 Committee on Veterans’ Affairs of the Senate and the 

10 Committee on Veterans’ Affairs of the House of Rep11 resentatives a report of the information collected under 

12 subsection (a). 

13 ‘‘(2) Not less frequently than once each year, the Sec14 retary shall make publicly available the information col15 lected under subsection (a) in a consistent and machine16 readable format to allow for a comparison of hiring effec17 tiveness and experience by Veterans Integrated Service 

18 Network or comparable public or private sector organiza19 tion.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 at the beginning of chapter 7 of such title, as amended 

22 by section 105, is further amended by inserting after the 

23 item relating to section 721 the following new item: 

‘‘722. Information on hiring effectiveness.’’. 


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1 SEC. 107. REQUIREMENT THAT SECRETARY OF VETERANS 

2 AFFAIRS CARRY OUT STANDARDIZED EXIT 

3 SURVEYS. 

4 (a) IN GENERAL.—Subchapter I of chapter 7 of title 

5 38, United States Code, as amended by section 106, is 

6 further amended by adding at the end the following new 

7 sections: 

8 ‘‘§ 723. Exit surveys 

9 ‘‘(a) IN GENERAL.—(1) The Secretary shall develop 

10 and carry out a standardized exit survey to be voluntarily 

11 completed by career and noncareer employees and execu12 tives of the Department who voluntarily separate from the 

13 Department. 

14 ‘‘(2) The exit survey required by paragraph (1) shall 

15 be developed in consultation with an appropriate non-De16 partment entity with experience developing such surveys. 

17 ‘‘(b) SURVEY CONTENT.—The survey required by 

18 subsection (a)(1) shall include, at a minimum— 

19 ‘‘(1) reasons for leaving the Department; 

20 ‘‘(2) efforts made by the supervisor of the em21 ployee to retain the individual; 

22 ‘‘(3) the extent of job satisfaction and engage23 ment during the employment; 

24 ‘‘(4) the intent of employee to either remain 

25 employed within the Federal Government or to leave 

26 employment with the Federal Government; and 


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1 ‘‘(5) such other matters as the Secretary deter2 mines appropriate. 

3 ‘‘(c) ANONYMITY OF SURVEY CONTENT.—The Sec4 retary shall ensure that, to the extent possible, data col5 lected under subsection (a) is anonymized and personally 

6 identifiable information is removed. 

7 ‘‘(d) SHARING OF SURVEY DATA.—The Secretary 

8 shall ensure that the results of the survey required by sub9 section (a) are shared on an annual basis with directors 

10 and managers of facilities of the Department and the Vet11 erans Integrated Service Networks. 

12 ‘‘(e) ANNUAL REPORT.—(1) Not later than one year 

13 after the date of the enactment of the Better Workforce 

14 for Veterans Act of 2017 and not less frequently than once 

15 each year thereafter, the Secretary shall submit to the 

16 Committee on Veterans’ Affairs of the Senate and the 

17 Committee on Veterans’ Affairs of the House of Rep18 resentatives a report containing the aggregate results of 

19 the exit survey under subsection (a) covering the year 

20 prior to the report. 

21 ‘‘(2) Each report submitted under paragraph (1) 

22 shall include, for the period covered by the report— 

23 ‘‘(A) an analysis of the most common reasons 

24 employees choose to leave the Department; 


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1 ‘‘(B) steps the Secretary is taking to improve 

2 retention, particularly for mission-critical occupa3 tions; 

4 ‘‘(C) the demographic characteristics of employ5 ees choosing to leave the Department; 

6 ‘‘(D) any legislative barriers to improving em7 ployee retention; and 

8 ‘‘(E) the number of employees who took the exit 

9 survey under subsection (a).’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections 

11 at the beginning of chapter 7 of such title, as amended 

12 by section 106, is further amended by inserting after the 

13 item relating to section 722 the following new item: 

‘‘723. Exit surveys.’’. 

14 SEC. 108. SERVICE REQUIREMENTS FOR HIRING PREF15 ERENCE. 

16 (a) IN GENERAL.—Section 2108(1) of title 5, United 

17 States Code, is amended by striking ‘‘for a period of more 

18 than 180 consecutive days’’ each place it appears and in19 serting ‘‘for a total of more than 180 days’’. 

20 (b) APPLICABILITY.—The amendment made by sub21 section (a) shall apply to any certificate of eligibles fur22 nished to a nominating or appointing authority under sec23 tion 3317 of title 5, United States Code, after the date 

24 of enactment of this Act. 


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1 SEC. 109. EXCEPTION ON LIMITATION ON AWARDS AND BO2 NUSES FOR RECRUITMENT, RELOCATION, 

3 AND RETENTION. 

4 Section 705(a) of the Veterans Access, Choice, and 

5 Accountability Act of 2014 (Public Law 113–146; 38 

6 U.S.C. 703 note) is amended, in the matter preceding 

7 paragraph (1), by inserting ‘‘other than recruitment, relo8 cation, or retention incentives,’’ after ‘‘title 38, United 

9 States Code,’’. 

10 SEC. 110. MODIFICATION OF QUALIFICATIONS FOR CHIEF 

11 OFFICER OF THE READJUSTMENT COUN12 SELING SERVICE OF THE VETERANS HEALTH 

13 ADMINISTRATION. 

14 Section 7309(b)(2) of title 38, United States Code, 

15 is amended— 

16 (1) by striking subparagraphs (B) and (C); and 

17 (2) by redesignating subparagraphs (D) and 

18 (E) as subparagraphs (B) and (C), respectively. 

19 SEC. 111. REPORT ON WORKFORCE VACANCIES WITHIN 

20 THE VETERANS HEALTH ADMINISTRATION. 

21 (a) IN GENERAL.—Not later than 120 days after the 

22 date of the enactment of this Act, the Secretary of Vet23 erans Affairs shall submit to the Committee on Veterans’ 

24 Affairs of the Senate and the Committee on Veterans’ Af25 fairs of the House of Representatives a report on vacancies 

26 within the Veterans Health Administration. 


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1 (b) ELEMENTS.—The report required by subsection 

2 (a) shall include the following: 

3 (1) With respect to vacancies of personnel ap4 pointed under section 7401 of title 38, United States 

5 Code— 

6 (A) the total number of such vacancies; 

7 (B) the number of such vacancies 

8 disaggregated by occupation, State, Veterans 

9 Integrated Service Network, medical facility, 

10 and the central office of the Department of Vet11 erans Affairs; and 

12 (C) a description of the plans of the Sec13 retary to fill such vacancies, including a 

14 timeline for filling such vacancies, and an as15 sessment of whether the Secretary requires ad16 ditional hiring authorities to expedite the hiring 

17 process. 

18 (2) With respect to vacancies of human re19 source specialists of the Veterans Health Adminis20 tration— 

21 (A) the total number of such vacancies; 

22 (B) the number of such vacancies 

23 disaggregated by State and medical facility; and 

24 (C) a description of the plans of the Sec25 retary to fill such vacancies, including a 


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1 timeline for filling such vacancies, and an as2 sessment of whether the Secretary requires ad3 ditional hiring authorities to expedite the hiring 

4 process. 

5 (3) A description of any impediments to filling 

6 the vacancies described in paragraphs (1) and (2) 

7 and any actions the Secretary intends to take to ad8 dress such impediments. 

9 (4) An update on the implementation by the 

10 Secretary of— 

11 (A) the Veterans Health Administration 

12 Workforce and Succession Strategic Plan for 

13 2016; 

14 (B) the recommendation by the Office of 

15 the Inspector General of the Department that 

16 the Under Secretary for Health develop staffing 

17 models for critical need occupations of the Vet18 erans Health Administration, as determined by 

19 the Secretary; and 

20 (C) the recommendation by the Office of 

21 the Inspector General that the Under Secretary 

22 for Health establish milestones and timetables 

23 for further development, piloting, and imple24 mentation of staffing models for critical need 


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1 occupations of the Veterans Health Administra2 tion, as determined by the Secretary. 

3 TITLE II—ACCOUNTABILITY, 

4 OVERSIGHT, TRANSPARENCY, 

5 AND PERSONNEL MATTERS 

6 SEC. 201. ACCOUNTABILITY IN REDUCTIONS IN FORCE BY 

7 DEPARTMENT OF VETERANS AFFAIRS. 

8 (a) IN GENERAL.—Subchapter I of chapter 7 of title 

9 38, United States Code, as amended by section 107, is 

10 further amended by adding at the end the following new 

11 section: 

12 ‘‘§ 724. Reduction in force based on performance 

13 ‘‘Notwithstanding section 3502 of title 5, for any re14 duction in force by the Department, competing employees 

15 shall be released with due effect given to the following, 

16 in the following order of priority: 

17 ‘‘(1) Tenure of employment. 

18 ‘‘(2) Military preference, subject to section 

19 3501(a)(3) of title 5. 

20 ‘‘(3) Efficiency or performance ratings. 

21 ‘‘(4) Length of service.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of chapter 7 of such title, as amended 

24 by section 107, is further amended by inserting after the 

25 item relating to section 723 the following new item: 

‘‘724. Reduction in force based on performance.’’. 


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1 SEC. 202. AUTHORITY FOR DEPARTMENT OF VETERANS AF2 FAIRS PUBLIC-PRIVATE TALENT EXCHANGE. 

3 (a) AUTHORITY.—Subchapter I of chapter 7 of title 

4 38, United States Code, as amended by section 201, is 

5 further amended by adding at the end the following new 

6 section: 

7 ‘‘§ 725. Public-private talent exchange 

8 ‘‘(a) ASSIGNMENT AUTHORITY.—Under regulations 

9 prescribed by the Secretary, the Secretary may, with the 

10 agreement of a private-sector organization and the consent 

11 of an employee of the Department and an employee of the 

12 private-sector organization, arrange for the temporary as13 signment under this section of— 

14 ‘‘(1) the employee of the Department to such 

15 private-sector organization to occupy the position 

16 previously held by the employee of such private-sec17 tor organization; and 

18 ‘‘(2) the employee of such private-sector organi19 zation whose position is being temporarily occupied 

20 by the employee of the Department under paragraph 

21 (1) to temporarily occupy the position at the Depart22 ment of the employee of the Department who is 

23 being temporarily assigned under paragraph (1). 

24 ‘‘(b) AGREEMENTS.—(1) The Secretary shall provide 

25 for a written agreement among the Department, the pri26 vate-sector organization, and the employees concerned reVerDate Sep 11 2014 02:57 Jun 14, 2017 Jkt 069200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1325.IS S1325

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1 garding the terms and conditions of the employees’ assign2 ment under this section. The agreement— 

3 ‘‘(A) shall require that the employee of the De4 partment, upon completion of the assignment, will 

5 serve in the Department; 

6 ‘‘(B) shall provide that if the employee of the 

7 Department or of the private-sector organization (as 

8 the case may be) fails to carry out the agreement, 

9 such employee shall be liable to the United States 

10 for payment of all expenses of the assignment, un11 less that failure was for good and sufficient reason, 

12 as determined by the Secretary; and 

13 ‘‘(C) shall contain language ensuring that such 

14 employee of the Department does not improperly use 

15 pre-decisional or draft deliberative information that 

16 such employee may be privy to or aware of related 

17 to Department programing, budgeting, resourcing, 

18 acquisition, or procurement for the benefit or advan19 tage of the private-sector organization. 

20 ‘‘(2) An amount for which an employee is liable under 

21 paragraph (1) shall be treated as a debt due the United 

22 States. 

23 ‘‘(3) The Secretary may waive, in whole or in part, 

24 collection of a debt described in paragraph (2) based on 

25 a determination that the collection would be against equity 


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1 and good conscience and not in the best interests of the 

2 United States, after taking into account any indication of 

3 fraud, misrepresentation, fault, or lack of good faith on 

4 the part of the employee. 

5 ‘‘(c) TERMINATION.—An assignment under this sec6 tion may, at any time and for any reason, be terminated 

7 by the Department or the private-sector organization con8 cerned. 

9 ‘‘(d) DURATION.—(1) An assignment under this sec10 tion shall be for a period of not less than three months 

11 and not more than two years, renewable up to a total of 

12 four years. No employee of the Department may be as13 signed under this section for more than a total of four 

14 years inclusive of all such assignments. 

15 ‘‘(2) An assignment under this section may be for a 

16 period in excess of two years, but not more than four 

17 years, if the Secretary determines that such assignment 

18 is necessary to meet critical mission or program require19 ments. 

20 ‘‘(e) STATUS OF FEDERAL EMPLOYEES ASSIGNED TO

21 PRIVATE-SECTOR ORGANIZATIONS.—(1) An employee of 

22 the Department who is assigned to a private-sector organi23 zation under this section shall be considered, during the 

24 period of assignment, to be on detail to a regular work 

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1 ten agreement established under subsection (b)(1) shall 

2 address the specific terms and conditions related to the 

3 employee’s continued status as a Federal employee. 

4 ‘‘(2) In establishing a temporary assignment of an 

5 employee of the Department to a private-sector organiza6 tion, the Secretary shall— 

7 ‘‘(A) ensure that the normal duties and func8 tions of such employee can be reasonably performed 

9 by other employees of the Department without the 

10 transfer or reassignment of other personnel of the 

11 Department; 

12 ‘‘(B) ensure that the normal duties and func13 tions of such employees are not, as a result of and 

14 during the course of such temporary assignment, 

15 performed or augmented by a contractor; and 

16 ‘‘(C) certify that the temporary assignment of 

17 such employee shall not have an adverse or negative 

18 impact on the provision of benefits or services to vet19 erans. 

20 ‘‘(f) TERMS AND CONDITIONS FOR PRIVATE-SECTOR

21 EMPLOYEES.—An employee of a private-sector organiza22 tion who is assigned to the Department under this sec23 tion— 

24 ‘‘(1) shall continue to receive pay and benefits 

25 from the private-sector organization from which such 


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1 employee is assigned and shall not receive pay or 

2 benefits from the Department, except as provided in 

3 paragraph (2); 

4 ‘‘(2) is deemed to be an employee of the De5 partment for the purposes of— 

6 ‘‘(A) chapters 73 and 81 of title 5; 

7 ‘‘(B) sections 201, 203, 205, 207, 208, 

8 209, 603, 606, 607, 643, 654, 1905, and 1913 

9 of title 18; 

10 ‘‘(C) sections 1343, 1344, and 1349(b) of 

11 title 31; 

12 ‘‘(D) the Federal Tort Claims Act and any 

13 other Federal tort liability statute; 

14 ‘‘(E) the Ethics in Government Act of 

15 1978; and 

16 ‘‘(F) chapter 21 of title 41; 

17 ‘‘(3) shall not have access to any trade secrets 

18 or to any other nonpublic information which is of 

19 commercial value to the private-sector organization 

20 from which such employee is assigned; 

21 ‘‘(4) may perform work that is considered in22 herently governmental in nature only when requested 

23 in writing by the Secretary; and 


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1 ‘‘(5) may not be used to circumvent any limita2 tion or restriction on the size of the Department’s 

3 workforce. 

4 ‘‘(g) PROHIBITION AGAINST CHARGING CERTAIN

5 COSTS TO THE FEDERAL GOVERNMENT.—A private-sec6 tor organization may not charge the Department or any 

7 other agency of the Federal Government, as direct or indi8 rect costs under a Federal contract, the costs of pay or 

9 benefits paid by the organization to an employee assigned 

10 to the Department under this section for the period of the 

11 assignment. 

12 ‘‘(h) CONSIDERATIONS.—In carrying out this section, 

13 the Secretary— 

14 ‘‘(1) shall ensure that, of the assignments made 

15 under this section each year, at least 20 percent are 

16 from small business concerns (as defined by section 

17 3703(e)(2)(A) of title 5); 

18 ‘‘(2) shall take into consideration the question 

19 of how assignments under this section might best be 

20 used to help meet the needs of the Department with 

21 respect to the training of employees; and 

22 ‘‘(3) shall take into consideration, where appli23 cable, areas of particular private sector expertise, 

24 such as information technology, cybersecurity, 


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1 human resources, health care management, con2 tracting, acquisition, and finance.’’. 

3 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

4 sections at the beginning of such chapter, as amended by 

5 section 201, is further amended by inserting after the item 

6 relating to section 724 the following new item: 

‘‘725. Public-private talent exchange.’’. 

7 SEC. 203. TREATMENT OF MEDICAL CENTER DIRECTORS 

8 AND DIRECTORS OF VETERANS INTEGRATED 

9 SERVICE NETWORKS. 

10 (a) ESTABLISHMENT OF VISN DIRECTORS IN OF11 FICE OF UNDER SECRETARY FOR HEALTH.—Subsection 

12 (a)(4) of section 7306 of title 38, United States Code, is 

13 amended— 

14 (1) by striking ‘‘Such Medical Directors’’ and 

15 inserting ‘‘Such Medical Center Directors and Direc16 tors of Veterans Integrated Service Networks’’; and 

17 (2) by striking ‘‘, who shall be either a qualified 

18 doctor of medicine or a qualified doctor of dental 

19 surgery or dental medicine’’. 

20 (b) QUALIFICATIONS.—Such section is amended by 

21 adding at the end the following new subsection: 

22 ‘‘(g) Notwithstanding any provision of law that re23 quires the Office of Personnel Management to determine 

24 qualifications or certify a candidate for appointment under 

25 this section, Medical Center Directors and Directors of 


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1 Veterans Integrated Service Networks may be appointed 

2 under subsection (a)(4) in accordance with qualifications 

3 established by the Secretary for purposes of this section.’’. 

4 (c) ABILITY TO TRANSFER.— 

5 (1) IN GENERAL.—Subject to such regulations 

6 as the Director of the Office of Personnel Manage7 ment may prescribe, the Secretary of Veterans Af8 fairs and the Director shall enter into an agreement 

9 that permits employees appointed under section 

10 7306(a)(4) of title 38, United States Code, as 

11 amended by subsection (a), to transfer to Senior Ex12 ecutive Service positions in other Federal agencies 

13 and to be deemed career appointees who are not 

14 subject to competition or certification by a qualifica15 tions review board under section 3393 of title 5, 

16 United States Code. 

17 (2) DEFINITIONS.—In this subsection, the 

18 terms ‘‘Senior Executive Service position’’ and ‘‘ca19 reer appointee’’ have the meanings given those terms 

20 in section 3132(a) of title 5, United States Code. 


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1 SEC. 204. PAY FOR MEDICAL CENTER DIRECTORS AND DI2 RECTORS OF VETERANS INTEGRATED SERV3 ICE NETWORKS. 

4 (a) IN GENERAL.—Chapter 74 of title 38, United 

5 States Code, is amended by adding at the end the fol6 lowing new subchapter: 

7 ‘‘Subchapter VII—Pay for Medical Center Di8 rectors and Directors of Veterans Inte9 grated Service Networks 

10 ‘‘§ 7481. Pay for Medical Center Directors and Direc11 tors of Veterans Integrated Service Net12 works 

13 ‘‘(a) ELEMENTS OF PAY.—Pay for a Medical Center 

14 Director or Director of a Veterans Integrated Service Net15 work appointed under section 7306(a)(4) of this title (in 

16 this section referred to as a ‘Director’) shall consist of 

17 basic pay set forth under section 7404(a) of this title and 

18 market pay determined under subsection (b). 

19 ‘‘(b) MARKET PAY.—(1) Each Director is eligible for 

20 market pay determined under this subsection. 

21 ‘‘(2) The amount of market pay payable to a Director 

22 under this section shall be determined by the Secretary 

23 on a case-by-case basis and shall consist of pay intended 

24 to reflect needs of the Department with respect to the re25 cruitment and retention (as determined by the Secretary) 

26 of such Director. 


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1 ‘‘(3) In determining the amount of market pay pay2 able to a Director under this section, the Secretary shall— 

3 ‘‘(A) consult not fewer than two national sur4 veys on pay for hospital directors, medical facility di5 rectors, or other similar positions, whether prepared 

6 by private, public, or quasi-public entities, to make 

7 a general assessment of the range of potential pay 

8 for the Director; and 

9 ‘‘(B) take into account— 

10 ‘‘(i) the experience of the Director in man11 aging facilities or program offices of the De12 partment, including the complexity of such fa13 cilities or offices; 

14 ‘‘(ii) the complexity of the facility or facili15 ties to be managed by the Director; 

16 ‘‘(iii) the labor market, in such geographic 

17 area as the Secretary considers relevant, for 

18 hospital directors, medical facility directors, and 

19 other similar positions; 

20 ‘‘(iv) the experience of the Director in 

21 managing medical facilities for other Federal 

22 agencies, private entities, or nonprofit entities; 

23 and 

24 ‘‘(v) such other considerations as the Sec25 retary considers appropriate. 


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1 ‘‘(4)(A) The Secretary shall evaluate the amount of 

2 market pay payable to a Director under this section not 

3 less frequently than once every two years and may adjust 

4 the market pay payable to such Director as a result of 

5 such evaluation. 

6 ‘‘(B) A Director whose market pay is evaluated under 

7 subparagraph (A) shall receive written notice of the re8 sults of such evaluation. 

9 ‘‘(c) REQUIREMENTS AND LIMITATIONS ON TOTAL

10 PAY.—(1) Not less frequently than once every two years, 

11 the Secretary shall set forth a departmentwide minimum 

12 and maximum amount for total annual pay under sub13 section (a) that may be paid to a Director and shall pub14 lish each such amount in the Federal Register. 

15 ‘‘(2) The minimum and maximum amounts set forth 

16 under paragraph (1) shall take effect not earlier than the 

17 date that is 60 days after the publication of such amounts 

18 under such paragraph. 

19 ‘‘(3) The sum of the basic pay set forth under section 

20 7404(a) of this title and market pay determined under 

21 subsection (b) for a Director for a calendar year— 

22 ‘‘(A) may not be less than the most recent min23 imum amount set forth under paragraph (1) before 

24 the beginning of such calendar year; and 


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1 ‘‘(B) may not be more than the most recent 

2 maximum amount set forth under such paragraph 

3 before the beginning of such calendar year. 

4 ‘‘(4) The total amount of compensation paid to a Di5 rector under this title in any calendar year may not exceed 

6 the amount of annual compensation (excluding expenses) 

7 of the President under section 102 of title 3. 

8 ‘‘(5) The Secretary may not delegate to an officer or 

9 employee of the Department the requirement of the Sec10 retary to set forth a departmentwide minimum and max11 imum amount under paragraph (1). 

12 ‘‘(d) TREATMENT OF PAY.—Pay under this section 

13 shall be considered pay for all purposes, including retire14 ment benefits under chapters 83 and 84 of title 5 and 

15 other benefits. 

16 ‘‘(e) ANCILLARY EFFECTS OF DECREASES IN PAY.— 

17 (1) A decrease in pay of a Director resulting from an ad18 justment in the amount of market pay of the Director 

19 under subsection (b) shall not be treated as an adverse 

20 action. 

21 ‘‘(2) A decrease in the amount of pay of a Director 

22 resulting from an involuntary reassignment in connection 

23 with a disciplinary action taken against the Director is not 

24 subject to appeal or judicial review. 


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1 ‘‘(f) OPM REVIEW AND REPORTS.—(1) The Director 

2 of the Office of Personnel Management shall undertake 

3 periodic reviews of the determinations pursuant to sub4 section (b) of amounts of market pay payable pursuant 

5 to this section. 

6 ‘‘(2)(A) The Director shall certify to the Committees 

7 on Veterans’ Affairs of the Senate and the House of Rep8 resentatives each year whether or not the amounts of mar9 ket pay determined pursuant to subsection (b) for the pre10 ceding year were determined in accordance with the re11 quirements of that subsection. 

12 ‘‘(B) If the Director determines pursuant to para13 graph (1) that one or more amounts of market pay deter14 mined for a year were not determined in accordance with 

15 the requirements of subsection (b), the Director shall sub16 mit to the Committees on Veterans’ Affairs of the Senate 

17 and the House of Representatives a report on such deter18 mination of the Director as soon as practicable after such 

19 determination.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 at the beginning of chapter 74 of such title is amended 

22 by adding at the end the following: 

‘‘SUBCHAPTER VII. PAY FOR MEDICAL CENTER DIRECTORS AND DIRECTORS OF

VETERANS INTEGRATED SERVICE NETWORKS

‘‘7481. Pay for Medical Center Directors and Directors of Veterans Integrated 

Service Networks.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on the date that is one year 

3 after the date of the enactment of this Act. 

4 SEC. 205. REQUIREMENT FOR ESTABLISHMENT OF HUMAN 

5 RESOURCES ACADEMY IN VETERANS HEALTH 

6 ADMINISTRATION. 

7 (a) IN GENERAL.—Subchapter I of chapter 74 of title 

8 38, United States Code, is amended by adding at the end 

9 the following new section: 

10 ‘‘§ 7413. Human resources academy 

11 ‘‘(a) IN GENERAL.—(1) The Secretary shall provide 

12 to human resources professionals of the Veterans Health 

13 Administration training on how to best recruit and retain 

14 employees of the Veterans Health Administration, includ15 ing with respect to any recruitment and retention matters 

16 that are unique to the Veterans Health Administration 

17 pursuant to this chapter or other provisions of law. 

18 ‘‘(2) The Secretary shall provide such training in a 

19 manner that the Secretary determines appropriate in light 

20 of budget, travel, and other constraints. 

21 ‘‘(b) AMOUNT OF TRAINING.—The Secretary shall 

22 ensure that each human resources professional of the Vet23 erans Health Administration receives the training de24 scribed in subsection (a)— 


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1 ‘‘(1) as soon as practicable after being hired by 

2 the Secretary as a human resource professional; and 

3 ‘‘(2) annually thereafter. 

4 ‘‘(c) CERTIFICATION.—The Secretary shall ensure 

5 that, upon the completion by a human resources profes6 sional of the training described in subsection (a), the di7 rector of a Department medical center, the director of a 

8 Veterans Integrated Service Network, or a senior officer 

9 at the central office of the Veterans Health Administration 

10 certifies whether the human resources professional re11 ceived the training and understands the information pro12 vided by the training. 

13 ‘‘(d) ANNUAL REPORT.—Not less frequently than 

14 once each year, the Secretary shall submit to the Com15 mittee on Veterans’ Affairs of the Senate and the Com16 mittee on Veterans’ Affairs of the House of Representa17 tives a report on the training described in subsection (a), 

18 including the cost of providing such training and the num19 ber of human resources professionals who received such 

20 training during the year covered by the report.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 at the beginning of chapter 74 of such title is amended 

23 by inserting after the item relating to section 7412 the 

24 following new item: 

‘‘7413. Human resources academy.’’. 


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1 SEC. 206. INCLUSION OF MENTAL HEALTH PROFESSIONALS 

2 IN EDUCATION AND TRAINING PROGRAM FOR 

3 HEALTH PERSONNEL OF THE DEPARTMENT 

4 OF VETERANS AFFAIRS. 

5 (a) IN GENERAL.—In carrying out the education and 

6 training program required under section 7302(a)(1) of 

7 title 38, United States Code, the Secretary of Veterans 

8 Affairs shall include education and training of marriage 

9 and family therapists and licensed professional mental 

10 health counselors. 

11 (b) PARITY IN LICENSING AND CREDENTIALING

12 STANDARDS.—In carrying out the education and training 

13 program described in subsection (a), the Secretary shall, 

14 to the degree practicable, ensure that the licensing and 

15 credentialing standards of therapists and counselors de16 scribed in subsection (a) for eligibility to participate in the 

17 program are the same as the licensing and credentialing 

18 standards for eligibility of other participants in the pro19 gram. 

20 (c) APPORTIONMENT OF FUNDING.—The Secretary 

21 shall apportion funding for the education and training 

22 program described in subsection (a) equally among the 

23 professions included in the program. 


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1 SEC. 207. ASSIGNMENT TO DEPARTMENT OF VETERANS AF2 FAIRS OF COMMISSIONED OFFICERS OF THE 

3 REGULAR CORPS OF THE PUBLIC HEALTH 

4 SERVICE. 

5 (a) IN GENERAL.—Not later than 180 days after the 

6 date of the enactment of this Act, the Secretary of Vet7 erans Affairs and the Surgeon General shall enter into a 

8 memorandum of understanding for the assignment of not 

9 fewer than 500 commissioned officers of the Regular 

10 Corps of the Public Health Service to the Department of 

11 Veterans Affairs. Such assignments shall be made in the 

12 same manner in which assignments are made to other de13 partments and agencies in the Federal Government. 

14 (b) REIMBURSEMENT.—The Secretary shall reim15 burse the Surgeon General for such expenses as the Sur16 geon General may incur in assigning commissioned offi17 cers pursuant to a memorandum of understanding entered 

18 into under subsection (a). 

19 (c) REPORT.— 

20 (1) IN GENERAL.—Not later than one year 

21 after the date of the enactment of this Act, the Sec22 retary and the Surgeon General shall each submit to 

23 the Committee on Veterans’ Affairs of the Senate 

24 and the Committee on Veterans’ Affairs of the 

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1 section (a) and the commissioned officers assigned 

2 pursuant to such memorandum of understanding. 

3 (2) CONTENTS.—The report required by para4 graph (1) shall include the following: 

5 (A) The numbers, grades, and specialties 

6 of commissioned officers assigned pursuant to 

7 the memorandum of understanding. 

8 (B) A description of any problems encoun9 tered in such assignment. 

10 SEC. 208. HOLDING DEPARTMENT OF VETERANS AFFAIRS 

11 LEADERS ACCOUNTABLE FOR ADDRESSING 

12 SYSTEMIC HUMAN CAPITAL CHALLENGES AT 

13 THE VETERANS HEALTH ADMINISTRATION. 

14 (a) COMPREHENSIVE COMPETENCY ASSESSMENT

15 TOOL.— 

16 (1) IN GENERAL.—Not later than one year 

17 after the date of the enactment of this Act, the Sec18 retary of Veterans Affairs, acting through the Under 

19 Secretary for Health, shall develop a comprehensive 

20 competency assessment tool for human resources 

21 employees of the Veterans Health Administration 

22 that can be used to assess the knowledge of such 

23 employees on matters relating to how section 

24 7401(1) employees are treated differently than other 


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1 employees of the Department of Veterans Affairs 

2 under titles 5 and 38, United States Code. 

3 (2) CERTIFICATION RELATING TO USE OF COM4 PREHENSIVE COMPETENCY ASSESSMENT TOOL.— 

5 Not later than two years after the date of the enact6 ment of this Act, and not less frequently than once 

7 every two years thereafter, the Secretary shall sub8 mit to the Committee on Veterans’ Affairs of the 

9 Senate and the Committee on Veterans’ Affairs of 

10 the House of Representatives a certification as to— 

11 (A) whether an assessment of all human 

12 resources employees of the Veterans Health Ad13 ministration has been conducted through the 

14 use of the comprehensive competency assess15 ment tool developed under paragraph (1); and 

16 (B) whether such employees use the results 

17 of such assessment to identify and address com18 petency gaps within human resources offices of 

19 the Veterans Health Administration. 

20 (b) EVALUATION OF TRAINING STRATEGIES.—Not 

21 later than 18 months after the date of the enactment of 

22 this Act, the Under Secretary for Health shall evaluate 

23 the extent to which training strategies of the Under Sec24 retary are effective at improving the skills and comVerDate Sep 11 2014 02:57 Jun 14, 2017 Jkt 069200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S1325.IS S1325

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1 petencies of human resources employees of the Veterans 

2 Health Administration. 

3 (c) ESTABLISHMENT AND CLARIFICATION OF LINES

4 OF AUTHORITY WITHIN VETERANS HEALTH ADMINIS5 TRATION.— 

6 (1) LINES OF AUTHORITY FOR ASSISTANT DEP7 UTY UNDER SECRETARY FOR HEALTH FOR WORK8 FORCE SERVICES.—Not later than one year after the 

9 date of the enactment of this Act, the Secretary, act10 ing through the Under Secretary for Health, shall 

11 establish clear lines of authority that provide the As12 sistant Deputy Under Secretary for Health for 

13 Workforce Services the ability— 

14 (A) to oversee and hold the heads of the 

15 human resources offices of medical centers of 

16 the Department of Veterans Affairs account17 able— 

18 (i) for implementing initiatives to im19 prove human resource processes within 

20 such offices; and 

21 (ii) for ensuring that employees of 

22 such offices undertake an assessment using 

23 the comprehensive competency assessment 

24 tool developed under subsection (a); and 


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1 (B) to monitor and report on the results of 

2 initiatives described in subparagraph (A)(i). 

3 (2) CLARIFICATION OF LINES OF AUTHORITY

4 RELATING TO OVERSIGHT OF VISNS AND MEDICAL

5 CENTERS.—Not later than one year after the date of 

6 the enactment of this Act, the Secretary shall clarify 

7 the lines of authority and processes for the Under 

8 Secretary for Health and the Assistant Secretary for 

9 Human Resources and Administration with respect 

10 to overseeing and holding the heads of the Veterans 

11 Integrated Service Networks and the heads of the 

12 medical facilities of the Veterans Health Administra13 tion accountable for the consistent application of 

14 Federal classification policies. 

15 (d) OVERSIGHT OF CORRECTIVE ACTIONS AT HUMAN

16 RESOURCE OFFICES OF MEDICAL CENTERS.—The Sec17 retary shall ensure that the Under Secretary for Health 

18 and the Assistant Secretary for Human Resources and 

19 Administration are responsible for monitoring the status 

20 of corrective actions taken at human resources offices of 

21 medical centers of the Department and ensuring that such 

22 actions are implemented. 

23 (e) EMPLOYEE PERFORMANCE RATINGS.—The Sec24 retary shall ensure that meaningful distinctions are made 


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1 in performance ratings of employees of the Veterans 

2 Health Administration by— 

3 (1) developing and implementing standardized, 

4 comprehensive performance management training 

5 for supervisors of section 7401(1) employees and su6 pervisors of other employees of the Administration; 

7 (2) ensuring that the training developed and 

8 implemented under paragraph (1) is based on best 

9 practices; 

10 (3) ensuring procedures are in place to support 

11 effective performance conversations between super12 visors and employees; 

13 (4) reviewing and revising performance manage14 ment policies for section 7401(1) employees and 

15 other employees of the Administration in a manner 

16 consistent with best practices in the private sector; 

17 and 

18 (5) developing and implementing a process to 

19 standardize performance plan elements, standards, 

20 and metrics for common positions across the Admin21 istration. 

22 (f) PLAN FOR IMPLEMENTATION OF INFORMATION

23 TECHNOLOGY SYSTEM TO SUPPORT EMPLOYEE PER24 FORMANCE MANAGEMENT PROCESSES.—Not later than 

25 one year after the date of the enactment of this Act, the 


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1 Secretary, acting through the Under Secretary for Health 

2 and the Assistant Secretary for Human Resources and 

3 Administration, shall develop a plan to implement a mod4 ern information technology system to support employee 

5 performance management processes. Such plan shall in6 clude an indication of how and when the Secretary will 

7 implement the plan. 

8 (g) ENGAGEMENT OF EMPLOYEES OF VETERANS

9 HEALTH ADMINISTRATION.— 

10 (1) IN GENERAL.—Not later than one year 

11 after the date of the enactment of this Act, the Sec12 retary, acting through the Under Secretary for 

13 Health, shall establish clear lines of authority and 

14 accountability for developing, implementing, and 

15 monitoring strategies for improving employee en16 gagement across the Veterans Health Administra17 tion. 

18 (2) REPORT.—Not later than one year after the 

19 date of the enactment of this Act, the Secretary, act20 ing through the Under Secretary for Health, shall 

21 submit to the Committee on Veterans’ Affairs of the 

22 Senate and the Committee on Veterans’ Affairs of 

23 the House of Representatives a report on whether 

24 the Veterans Health Administration should establish 

25 an employee engagement office at the headquarters 


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1 level with appropriate oversight of employee engage2 ment initiatives of the Veterans Integrated Service 

3 Network and medical centers of the Department. 

4 (h) COMPTROLLER GENERAL OF THE UNITED

5 STATES EXAMINATION OF HUMAN RESOURCE FUNC6 TIONS.— 

7 (1) EXAMINATION.—Not later than one year 

8 after the date of the enactment of this Act, the 

9 Comptroller General of the United States shall com10 plete an examination of the following: 

11 (A) Overlapping functions of the human 

12 resource structures of the Veterans Health Ad13 ministration and the office of the Assistant Sec14 retary of Human Resources. 

15 (B) Whether there are opportunities to 

16 centralize offices and tasks of the Administra17 tion and such offices that are duplicative. 

18 (C) Whether the use of multiple hiring 

19 structures in the Department of Veterans Af20 fairs has had an effect on the speed with which 

21 the Department hires new employees. 

22 (2) REPORT.—Not later than one year after the 

23 date of the enactment of this Act, the Comptroller 

24 General shall submit to the Committee on Veterans’ 

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1 erans’ Affairs of the House of Representatives a re2 port on the findings of the Comptroller General with 

3 respect to the examination completed under para4 graph (1). 

5 (i) DEFINITIONS.—In this section: 

6 (1) SECTION 7401(1) EMPLOYEE.—The term 

7 ‘‘section 7401(1) employee’’ has the meaning given 

8 such term in section 7461(c) of title 38, United 

9 States Code. 

10 (2) SUPERVISOR.—The term ‘‘supervisor’’ has 

11 the meaning given that term in section 7103(a) of 

12 title 5, United States Code. 

13 SEC. 209. REPORT ON EFFECTS OF HIRING FREEZE OR14 DERED BY THE PRESIDENT ON JANUARY 23, 

15 2017. 

16 (a) IN GENERAL.—Not later than 120 days after the 

17 date of the enactment of this Act, the Secretary of Vet18 erans Affairs shall submit to the Committee on Veterans’ 

19 Affairs of the Senate and the Committee on Veterans’ Af20 fairs of the House of Representatives a report on the effect 

21 of the freeze on the hiring of Federal civilian employees 

22 ordered by the President of January 23, 2017, has had 

23 on the ability of the Department of Veterans Affairs to 

24 provide care and services to veterans. 


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1 (b) ELEMENTS.—The report required by subsection 

2 (a) shall include the following: 

3 (1) A discussion on whether the hiring freeze 

4 has disrupted the operations of the Department. 

5 (2) A discussion on whether the hiring freeze 

6 has increased the operating costs of the Department. 

7 (3) The effect of the hiring freeze on the ability 

8 of the Department to provide veterans with access to 

9 health care. 

10 (4) The effect of the hiring freeze on the ability 

11 of the Department to schedule appointments for vet12 erans. 

13 (5) The effect of the hiring freeze on the ability 

14 of the Department to process payments for medical 

15 care, including payments to third-party providers. 

16 (6) The effect of the hiring freeze on the ability 

17 of the Department to adjudicate claims for benefits, 

18 pensions, and compensation. 

19 (7) The effect of the hiring freeze on the ability 

20 of the Department to resolve appeals for benefits, 

21 pensions, and compensation. 

22 (8) A discussion of whether the hiring freeze 

23 created an incentive for supervisors to use alter24 native sources of labor, such as increased use of 


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1 overtime, contracting with private firms, or using 

2 other than full-time permanent employees. 

3 (9) A discussion of whether improved workforce 

4 planning, rather than a hiring freeze, is a more ef5 fective way to insure that the level of the personnel 

6 resources of the Department are consistent with re7 quirements. 

8 SEC. 210. REPORT ON PLAN OF THE SECRETARY OF VET9 ERANS AFFAIRS TO CARRY OUT A REDUC10 TION IN FORCE AT THE DEPARTMENT OF 

11 VETERANS AFFAIRS THROUGH ATTRITION. 

12 (a) REPORT REQUIRED.—Not later than 180 days 

13 after the date of the enactment of this Act, the Secretary 

14 of Veterans Affairs shall submit to the Committee on Vet15 erans’ Affairs of the Senate and the Committee on Vet16 erans’ Affairs of the House of Representatives a report 

17 on how the Secretary plans to implement the portions of 

18 the plan of the Director of the Office of Personnel Man19 agement to reduce the size of the workforce of Federal 

20 Government through attrition that pertain to the Depart21 ment of Veterans Affairs. 

22 (b) SUCCESSION AND RECRUITMENT PLAN RE23 QUIRED.—The report shall include the Secretary’s succes24 sion and recruitment plan to replace employees of the De25 partment that are eligible to retire as of the day of the 


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1 enactment of this Act and eligible to retire within five 

2 years of such date. 

3 (c) CONSULTATION.—The Secretary shall consult 

4 with the labor organization that represents employees of 

5 the Department on matters relating to the plans described 

6 in subsections (a) and (b). 

7 SEC. 211. TRANSPARENCY REGARDING STAFFING LEVELS 

8 OF NURSES EMPLOYED BY THE DEPARTMENT 

9 OF VETERANS AFFAIRS AND REPORT ON PAY 

10 FOR SUCH NURSES. 

11 (a) PUBLICATION OF INFORMATION.— 

12 (1) INITIAL PUBLICATION.—Not later than 180 

13 days after the date of the enactment of this Act, the 

14 Secretary of Veterans Affairs shall publish on a pub15 licly available Internet website of each medical facil16 ity of the Department of Veterans Affairs informa17 tion on staffing levels for nurses at such medical fa18 cility. 

19 (2) UPDATE OF INFORMATION.—The head of 

20 each medical facility of the Department shall update 

21 the information published under paragraph (1) as 

22 changes to the staffing level of nurses at such med23 ical facility occur. 

24 (3) CONSULTATION WITH CMS.—In developing 

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1 dated under paragraph (2), the Secretary shall con2 sult with the Centers for Medicare & Medicaid Serv3 ices. 

4 (b) REPORT.—Not later than 180 days after the date 

5 of the enactment of this Act, the Secretary shall submit 

6 to the Committee on Veterans’ Affairs of the Senate and 

7 the Committee on Veterans’ Affairs of the House of Rep8 resentatives a report that includes discussion and assess9 ment of the following: 

10 (1) The use by directors of medical centers of 

11 the Department of authorities to provide nurses pay 

12 that reflects market conditions. 

13 (2) The development by the Department of a 

14 period reporting process to monitor medical center 

15 compliance with the policies and procedures for each 

16 of the key recruitment and retention initiatives of 

17 the Veterans Health Administration. 

18 (3) The adequacy of training resources provided 

19 to all nurse recruiters at medical centers of the De20 partment. 

21 (4) The key recruitment and retention initia22 tives of the Veterans Health Administration for 

23 nurses, the overall effectiveness of the initiatives, 

24 and the improvements that may be needed. 


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1 SEC. 212. EMPLOYMENT OF POLICE OFFICERS AND FIRE2 FIGHTERS BY DEPARTMENT OF VETERANS 

3 AFFAIRS. 

4 (a) CLASSIFICATION OF POSITIONS.—Not later than 

5 one year after the date of the enactment of this Act, the 

6 Secretary of Veterans Affairs, in consultation with the Di7 rector of the Office of Personnel Management, shall en8 sure that the job description, position classification, and 

9 grade for each position as a police officer or firefighter 

10 in the Department of Veterans Affairs are in accordance 

11 with the standards for the classification of such positions 

12 prepared by the Office of Personnel Management under 

13 section 5105 of title 5, United States Code. 

14 (b) STAFFING MODEL.—The Secretary shall develop 

15 a staffing model for positions of police officers and fire16 fighters in the Department. 

17 (c) AUDIT OF RECRUITMENT AND RETENTION EF18 FORTS.— 

19 (1) IN GENERAL.—The Inspector General of 

20 the Department of Veterans Affairs shall conduct an 

21 audit of the efforts of the Department to recruit and 

22 retain police officers and firefighters. 

23 (2) REPORT.—Not later than one year after the 

24 date of the enactment of this Act, the Inspector 

25 General shall submit to the Secretary of Veterans 

26 Affairs, the Committee on Veterans’ Affairs of the 


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1 Senate, and the Committee on Veterans’ Affairs of 

2 the House of Representatives a report on the audit 

3 conducted under paragraph (1). 

4 (d) REPORT ON RECRUITMENT AND RETENTION OF

5 POLICE OFFICERS.—Not later than one year after the 

6 date of the enactment of this Act, the Secretary of Vet7 erans Affairs shall submit to the Committee on Veterans’ 

8 Affairs of the Senate and the Committee on Veterans’ Af9 fairs of the House of Representatives a report on— 

10 (1) the use by directors of medical centers of 

11 the Department of Veterans Affairs of special pay 

12 incentives to recruit and retain trained and qualified 

13 police officers; and 

14 (2) the steps that the Secretary plans to take 

15 to address the critical shortage of police officers 

16 throughout the Department. 

17 SEC. 213. STUDY ON COMMUNICATIONS WITHIN THE MAN18 AGEMENT OF THE VETERANS HEALTH AD19 MINISTRATION. 

20 Not later than one year after the date of the enact21 ment of this Act, the Inspector General of the Department 

22 of Veterans Affairs shall complete a study on— 

23 (1) how the Veterans Health Administration 

24 communicates the directives, policies, and handbook 

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1 uation of compliance with such directives, policies, 

2 and handbook to determine whether such commu3 nication is effective; and 

4 (2) the effectiveness of each Veterans Inte5 grated Service Network in disseminating information 

6 to employees within such Network and veterans 

7 served by such Network. 

Æ 


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