HR 1994 RFS
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 suc-
cessful level under paragraph (1)(B). 
‘‘(3) In evaluating the performance of an individual 
under the performance appraisal system, the Secretary 
shall take into consideration— 
‘‘(A) any complaint or report (including any 
pending or published report) submitted by the In-
spector General of the Department, the Comptroller 
General of the United States, the Equal Employ-
ment Opportunity Commission, or any other appro-
priate person or entity, related to any facility or pro-
gram managed by the individual, as determined by 
the Secretary; 
‘‘(B) efforts made by the individual to maintain 
high levels of satisfaction and commitment among 
the employees supervised by the individual; and 
‘‘(C) the criteria described in section 734(a)(2) 
of this title. 
‘‘(b) CHANGE OF POSITION.—(1) At least once every 
five years, the Secretary shall reassign each individual em-
ployed in a senior executive position to a position at a dif-
VerDate Sep 11 2014 
00:25 Jul 31, 2015
Jkt 049200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H1994.RFS
H1994
smartinez on DSK4TPTVN1PROD with BILLS
HR 1994 RFS
ferent location that does not include the supervision of the 
same personnel or programs. The Secretary shall make 
such reassignments on a rolling basis based on the date 
on which an individual was originally assigned to a posi-
tion. 
‘‘(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 and Homeland Security and Governmental Affairs 
of the Senate and the Committees on Veterans’ Affairs 
and Oversight and Government Reform of the 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, each of the following: 
‘‘(1) All documentation concerning each of the 
following for each individual employed in a senior 
executive position in the Department: 
‘‘(A) The initial performance appraisal. 
‘‘(B) The higher level review, if requested. 
VerDate Sep 11 2014 
00:25 Jul 31, 2015
Jkt 049200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H1994.RFS
H1994
smartinez on DSK4TPTVN1PROD with BILLS
HR 1994 RFS
‘‘(C) The recommendations of the perform-
ance review board. 
‘‘(D) The final summary review. 
‘‘(E) The number of initial performance 
ratings raised as a result of the recommenda-
tions of the performance review board. 
‘‘(F) The number of initial performance 
ratings lowered as a result of the recommenda-
tions of the performance review board. 
‘‘(G) Any adverse action taken against any 
such individual who receives a performance rat-
ing of less than fully successful. 
‘‘(2) The review of the Inspector General of the 
Department of the information described in subpara-
graphs (A) through (D) of paragraph (1). 
‘‘(3) A summary of the documentation provided 
under paragraph (1). 
‘‘(d) DEFINITION
OF SENIOR EXECUTIVE POSI-
TION.—In this section, the term ‘senior executive position’ 
has the meaning given that term in section 713(g)(3) of 
this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter, as amended 
by section 3, is further amended by inserting after 
VerDate Sep 11 2014 
00:25 Jul 31, 2015
Jkt 049200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H1994.RFS
H1994
smartinez on DSK4TPTVN1PROD with BILLS
HR 1994 RFS
the item relating to section 717 the following new 
item: 
‘‘719. Senior executives: performance appraisal.’’. 
(3) 
CONFORMING
AMENDMENT.—Section 
4312(b) of title 5, United States Code, is amend-
ed— 
(A) in paragraph (2), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (3), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(4) that, in the case of the Department of Vet-
erans Affairs, the performance appraisal system 
meets the requirements of section 719 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 sec-
tion 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 train-
ing provided by the Department of Veterans Affairs 
VerDate Sep 11 2014 
00:25 Jul 31, 2015
Jkt 049200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H1994.RFS
H1994
smartinez on DSK4TPTVN1PROD with BILLS
HR 1994 RFS
to the management training provided for senior ex-
ecutives 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 com-
plete and submit to the Secretary a report con-
taining 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 rec-
ommendations contained in the report. 
SEC. 6. REDUCTION OF BENEFITS FOR MEMBERS OF THE 
SENIOR EXECUTIVE SERVICE WITHIN THE 
DEPARTMENT OF VETERANS AFFAIRS CON-
VICTED OF CERTAIN CRIMES. 
(a) REDUCTION OF BENEFITS.— 
(1) IN GENERAL.—Chapter 7 of title 38, United 
States Code, is further amended by inserting after 
VerDate Sep 11 2014 
00:25 Jul 31, 2015
Jkt 049200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H1994.RFS
H1994
smartinez on DSK4TPTVN1PROD with BILLS