Increasing the Department of Veterans Affairs Accountability to Veterans Act of 2015

To amend title 38, United States Code, to improve the accountability of employees of the Department of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the Increasing the Department of Veterans Affairs Accountability to Veterans Act of 2015 2. Reduction of benefits for members of the Senior Executive Service within the Department of Veterans Affairs convicted of certain crimes (a) In general Chapter 7 715. Senior executives: reduction of benefits of individuals convicted of certain crimes (a) Reduction of annuity for removed employee The covered service of an individual removed from a senior executive position under section 713 shall not be taken into account for purposes of calculating an annuity with respect to such individual under chapter 83 or chapter 84 (b) Reduction of annuity for retired employee (1) The Secretary may order that the covered service of an individual who is subject to a removal or transfer action under section 713 but who leaves employment at the Department prior to the issuance of a final decision with respect to such action shall not be taken into account for purposes of calculating an annuity with respect to such individual under chapter 83 or chapter 84 (2) The Secretary shall make such an order not later than 7 days after the date on which such individual is convicted of such felony. (3) Not later than 30 days after the Secretary issues any order with respect to an individual under paragraph (1), the Director of the Office of Personnel Management shall recalculate the annuity of the individual. (c) Lump-Sum Annuity Credit Any individual with respect to whom an annuity is reduced under subsection (a) or (b) shall be entitled to be paid so much of such individual’s lump-sum credit as is attributable to the period of covered service. (d) Definitions In this section: (1) The term covered service (2) The term lump-sum credit (3) The term senior executive position (4) The term service . (b) Application The amendment made by subsection (a) shall apply to any action of removal or transfer under section 713 of title 38, United States Code, commencing on or after the date of enactment of this section. (c) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 715. Senior executives: reduction of benefits of individuals convicted of certain crimes. . 3. Reform of performance appraisal system for Senior Executive Service employees of the Department of Veterans Affairs (a) Performance appraisal system (1) In general Chapter 7 717. Senior executives: performance appraisal (a) Performance appraisal system (1) The performance appraisal system for individuals employed in senior executive positions in the Department required by section 4312 of title 5 shall provide, in addition to the requirements of such section, for five annual summary ratings of levels of performance as follows: (A) One outstanding level. (B) One exceeds fully successful level. (C) One fully successful level. (D) One minimally satisfactory level. (E) One unsatisfactory level. (2) The following limitations apply to the rating of the performance of such individuals: (A) For any year, not more than 10 percent of such individuals who receive a performance rating during that year may receive the outstanding level under paragraph (1)(A). (B) For any year, not more than 20 percent of such individuals who receive a performance rating during that year may receive the exceeds fully successful level under paragraph (1)(B). (3) In evaluating the performance of an individual under the performance appraisal system, the Secretary shall take into consideration any complaint or report (including any pending or published report) submitted by the Inspector General of the Department, the Comptroller General of the United States, the Equal Employment Opportunity Commission, or any other appropriate person or entity, related to any facility or program managed by the individual. (b) Change of position (1) At least once every five years, the Secretary shall reassign each individual employed in a senior executive position to a position at a different location that does not include the supervision of the same personnel or programs. (2) The Secretary may waive the requirement under paragraph (1) for any such individual, if the Secretary submits to the Committees on Veterans’ Affairs of the Senate and House of Representatives notice of the waiver and an explanation of the reasons for the waiver. (c) Report Not later than March 1 of each year, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the performance appraisal system of the Department under subsection (a). Each such report shall include, for the year preceding the year during which the report is submitted, all documentation concerning each of the following for each individual employed in a senior executive position in the Department: (1) The initial performance appraisal. (2) The higher level review, if requested. (3) The recommendations of the performance review board. (4) The final summary review. (5) The review of the Inspector General of the Department of the information described in paragraphs (1) through (4). (d) Definition of senior executive position In this section, the term senior executive position . (2) Clerical amendment The table of sections at the beginning of such chapter is further amended by adding at the end the following new item: 717. Senior executives: performance appraisal. . (3) Conforming amendment Section 4312(b) of title 5, United States Code, is amended— (A) in paragraph (2), by striking and (B) in paragraph (3), by striking the period at the end and inserting ; and (C) by adding at the end the following: (4) that, in the case of the Department of Veterans Affairs, the performance appraisal system meets the requirements of section 716 of title 38. . (b) Review of SES management training (1) Review Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into a contract with a nongovernmental entity to review the management training program for individuals employed in senior executive positions (as such term is defined in section 713(g)(3) of title 38, United States Code) of the Department of Veterans Affairs that is being provided as of the date of the enactment of this Act. Such review shall include a comparison of the training provided by the Department of Veterans Affairs to the management training provided for senior executives of other Federal departments and agencies and to the management training provided to senior executives in the private sector. The contract shall provide that the nongovernmental entity must complete and submit to the Secretary a report containing the findings and conclusions of the review by not later than 180 days after the date on which the Secretary and the nongovernmental entity enter into the contract. (2) Report to Congress Not later than 60 days after the date on which the Secretary receives the report under paragraph (1), the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives the report together with a plan for carrying out the recommendations contained in the report. 4. Limitation on administrative leave for members of the Senior Executive Service within the Department of Veterans Affairs (a) In general Chapter 7 719. Administrative leave limitation and report (a) Limitation applicable to members of the Senior Executive Service within the Department of Veterans Affairs (1) The Secretary may not place any covered individual on administrative leave, or any other type of paid non-duty status, for more than a total of 14 days during any 365-day period. (2) The Secretary may waive the limitation under paragraph (1) and extend the administrative leave or other paid non-duty status of a covered individual placed on such leave or status under paragraph (1) if the Secretary submits to the Committees on Veterans’ Affairs of the Senate and House of Representatives a detailed explanation of the reasons the individual was placed on administrative leave or other paid non-duty status and the reasons for the extension of such leave or status. Such explanation shall include the name of the covered individual, the location where the individual is employed, and the individual’s job title. (3) In this subsection, the term covered individual (A) who is subject to an investigation for purposes of determining whether such individual should be subject to any disciplinary action under this title or title 5; or (B) against whom any disciplinary action is proposed or initiated under this title or title 5. (b) Report on administrative leave (1) Not later than 30 days after the end of each quarter of any calendar year, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report listing the name of any employee of the Department (if any) who has been placed on administrative leave, or any other type of paid non-duty status, for a period longer than 7 days during such quarter. (2) Any report submitted under subsection (a) shall include, with respect to any employee listed in such report, the position occupied by the employee, the number of days of such leave, and the reason that such employee was placed on such leave. . (b) Application (1) Administrative leave limitation Section 719(a) of title 38, United States Code (as added by subsection (a)), shall apply to any action of removal or transfer under section 713 of such title or title 5, United States Code, commencing on or after the date of enactment of this section. (2) Report The report under section 719(b) of such title (as added by subsection (a)) shall begin to apply in the quarter that ends after the date that is 6 months after the date of enactment of this section. (c) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 719. Administrative leave limitation and report. .

Summary: Increasing the Department of Veterans Affairs Accountability to Veterans Act of 2015 Requires the reduction of the federal annuities of individuals removed from the Department of Veterans Affairs (VA) Senior Executive Service (SES) if they are convicted of a felony that influenced their performance while employed in such position. Authorizes the VA Secretary to order the reduction of the federal annuities of individuals who were convicted of such a felony and were subject to removal or transfer from the VA SES, but who left the VA before final action was taken. Reduces such annuities by excluding the covered service performed after the activity that subjects such an individual to transfer or removal occurs. Requires the performance appraisal system for VA SES employees to provide for five specified annual summary ratings of levels of performance. Provides that in any given year no more than: (1) 10% of such employees may receive the outstanding level of performance, and (2) 20% of such employees may receive the exceeds-fully-successful level of performance. Requires the Secretary to take any complaint or report from an appropriate person or entity related to any facility or program managed by an SES employee into account in evaluating that employee's performance. Directs the Secretary, at least once every five years, to reassign each SES employee to a position at a different location that does not include the supervision of the same personnel or programs. Allows the Secretary to waive such requirement if the Secretary submits to Congress notice of, and the reasons for, such waiver. Directs the Secretary to contract with a nongovernmental entity for a review of the management training program for VA SES employees. Prohibits the Secretary from placing a VA SES employee on administrative leave, or any other type of paid non-duty status, for more than a total of 14 days during any 365-day period. Allows the Secretary to waive such prohibition with respect to such an employee if the Secretary provides Congress with a detailed explanation of the reasons the employee was placed on such leave or status and the reasons for extending that placement.