Comprehensive Department of Veterans Affairs Performance Management and Accountability Reform Act of 2014

To amend title 38, United States Code, to improve the performance appraisal system for senior executives of the Department of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the Comprehensive Department of Veterans Affairs Performance Management and Accountability Reform Act of 2014 2. Improvement of performance appraisal of senior executives of the Department of Veterans Affairs (a) Performance appraisal system (1) In general Chapter 7 713. Senior Executive Service: performance appraisal (a) Performance appraisal system The Secretary shall be responsible for carrying out the requirements of subchapter II of chapter 43 of title 5. (b) Organizational performance requirements (1) In implementing the performance appraisal system for senior executives of the Department required by section 4312 (2) Not less than half of the annual summary rating of a senior executive of the Department under section 4314 (3) Not later than December 15 of each year, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives certification that for the fiscal year during which the certification is submitted that— (A) all individual and organizational performance requirements applicable to senior executives of the Department pursuant to section 4312 (B) the performance requirements established for each senior executive are expected to lead to the overall success of the Department in meeting its organizational performance requirements. (c) Additional requirements (1) In implementing the performance appraisal system for senior executives of the Department required by section 4312 (A) evaluate the contribution of each senior executive to the overall mission and objectives of the Department; (B) ensure that each senior executive is accountable for efforts undertaken to further the objectives of the Departments; and (C) evaluate the contribution of each senior executive in ensuring the Department meets the needs of veterans and their dependants. (2) (A) The performance review board established pursuant to section 4314 (i) the performance requirements for each senior executive of the Department clearly and distinctly address both individual and organizational performance; and (ii) the performance of each senior executive is evaluated based on such performance requirements together with the demonstrated accountability, executive, and leadership capabilities of the senior executive. (B) In evaluating the performance of a senior executive of the Department, the performance review board shall take into consideration each of the following: (i) Any deficiencies identified by the Inspector General of the Department or the Comptroller General of the United States in the performance of duties or areas managed by the senior executive. (ii) Any final determination in response to a formal complaint submitted regarding the performance of the senior executive or a deficiency in a program under the direction of the senior executive. (iii) The findings of any final report relating to the performance of the senior executive or to a deficiency in a program under the direction of the senior executive. (d) Annual summary ratings (1) The Secretary shall provide in a timely manner to any senior executive who receives an annual summary rating under section 4314(a) (2) In the case of a senior executive for whom it is determined during a mid-year review that the senior executive is likely to receive an annual summary rating of less than fully successful, the Secretary shall ensure that senior executive is provided a plan to address performance deficiencies before the end of the evaluation period. (3) Any senior executive of the Department who receives two annual summary ratings of any level of performance lower than fully successful shall be removed from the Senior Executive Service. (4) Any senior executive who receives three consecutive annual summary ratings of the highest level of performance shall be provided with an opportunity to obtain a different position within the Department with more responsibility, if such a position is available. (e) Annual reports Not later than January 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 senior executive performance appraisal system of the Department for the fiscal year preceding the fiscal year during which the report is submitted. Each such report shall include, for the year covered by the report, each of the following: (1) The number of senior executives who received summary ratings. (2) The number of senior executives who received a summary rating at each level of performance. (3) Any actions taken with respect to senior executives who received ratings at a level of performance lower than fully successful. (4) The number of initial annual summary ratings that were raised or lowered by the performance review board. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 713. Senior Executive Service: performance appraisal. . (b) Performance pay for physicians and dentists Section 7431 (1) in subsection (b)(3), by inserting after dentist who received a fully successful level of performance at the physician or dentist’s most recent performance appraisal (2) in subsection (c)— (A) in paragraph (2)— (i) by inserting (A) Market pay (ii) by adding at the end the following new subparagraph: (B) The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a semi-annual report on health care trends, including anticipated shortages of health care professionals by specific specialty and location, which shall be used in determining the recruitment and retention needs of the Department for purposes of this subsection. The Secretary may not provide market pay to a physician or dentist under this subsection unless the payment of market pay to the physician or dentist meets a specialty or location need of the Department as articulated in a report submitted under this subparagraph. . (B) in paragraph (4)(B)— (i) in clause (i), by striking the last sentence; and (ii) in clause (iii), by striking should, to the extent practicable, shall (3) in subsection (d)— (A) in paragraph (1)— (i) by inserting (A) One element (ii) by adding at the end the following: The Secretary shall establish a performance appraisal system for physicians and dentists. The performance appraisal system shall provide for annual summary ratings of levels of performance as follows: (A) one or more fully successful levels; (B) a minimally satisfactory level; and (C) an unsatisfactory level. ; (iii) by inserting after subparagraph (A) the following new subparagraph: (B) Under the performance appraisal system under subparagraph (A), performance shall be evaluated based on both individual and organizational performance and specific goals or objectives shall be explicitly linked to improved health care outcomes and quality as well as the Department’s overall effectiveness in providing quality health care services. The specific goals and objectives shall be consistent with the overarching objectives and goals of the Department. (C) Under such performance appraisal system, each physician and dentist employed by the Department shall receive an annual review by the Under Secretary of Health. For each year, the Under Secretary shall submit to the Secretary certification that such reviews are conducted. ; (B) by striking paragraph (3) and redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following new paragraph (2): (2) Under the performance appraisal system established under paragraph (1)— (A) on or before the beginning of each rating period, performance requirements for each physician or dentist shall be established in consultation with, and communicated to, each physician or dentist; (B) written appraisals of performance shall be based on the individual and organizational performance requirements established for the rating period involved; and (C) each physician or dentist shall be provided a copy of the appraisal and the physician or dentist’s performance appraisal rating and shall be given an opportunity to respond in writing and have the rating reviewed by the Under Secretary for Health before the rating becomes final. ; (D) in paragraph (3), as redesignated by subparagraph (B)— (i) by inserting only paid (ii) by striking on the basis who receives a level of performance of fully successful under the performance appraisal system established under paragraph (1) and whose performance exceeds the specific goals and performance objectives established under such system. (E) in paragraph (4), by striking paragraph (2) this subsection (F) in paragraph (5)(B), by striking 7.5 percent 5 percent (G) by striking paragraph (6); and (4) by adding at the end the following new subsection: (i) Failure To maintain a license A physician or dentist who has not maintained an appropriate professional license may not be paid. . (c) Study Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the training program of the Department of Veterans Affairs for senior executives. Such report shall include— (1) an evaluation of succession planning and long-term career development plans for senior executives and efforts undertaken by the Department to improve cross-Department opportunities for senior executives; and (2) the recommendations of the Secretary for improving the mobility and effectiveness of senior executives.

Summary: Comprehensive Department of Veterans Affairs Performance Management and Accountability Reform Act of 2014 - Directs the Secretary of Veterans Affairs, in implementing the federal performance appraisal system for senior executives of the Department of Veterans Affairs (VA), to annually issue the organizational performance requirements to be achieved by each executive. Requires at least half of the annual rating of each executive to be based on such requirements. Directs the Secretary to certify to the congressional veterans committees, annually, that such requirements are being utilized and that each executive's rating accurately reflects use of such requirements. Provides additional implementation requirements. Directs the Secretary to provide a detailed explanation to any executive who receives an annual rating lower than fully successful. Requires each executive who receives: (1) two annual ratings of less than fully successful to be removed from the Senior Executive Service; or (2) three consecutive ratings of the highest performance level to be given an opportunity to obtain a different position within the VA with more responsibility, if such a position is available. Requires the Secretary to report annually on the VA's senior executive performance appraisal system. Allows VA physician and dentist performance pay only to those who received a fully successful level of performance in their most recent appraisal. Directs the Secretary to report semiannually on health care trends to be used in determining VA physician and dentist recruitment and retention needs. Requires: (1) the establishment of a performance appraisal system for VA physicians and dentists; and (2) their performance to be evaluated based on goals and objectives specifically linked to improved health care outcomes and quality, as well as overall effectiveness in providing quality health care services. Requires each VA physician or dentist be provided a copy of his or her annual rating under the system, as well as an opportunity to respond and have the rating reviewed by the VA's Under Secretary for Health. Prohibits a VA physician or dentist who has not maintained an appropriate professional license from being paid. Directs the Secretary to report on the VA training program for senior executives.