I 113th CONGRESS 2d Session H. R. 4399 IN THE HOUSE OF REPRESENTATIVES April 4, 2014 Mr. Michaud introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL 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 of title 38, United States Code, is amended by adding at the end the following new section: 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 of title 5, the Secretary shall issue, by not later than September 1 of each year, organizational performance requirements to be used to inform the establishment of performance requirements for each senior executive of the Department. The performance requirements of each senior executive shall be achievable by each senior executive and shall be consistent with the organizational performance requirements issued by the Secretary. (2) Not less than half of the annual summary rating of a senior executive of the Department under section 4314 of title 5 shall be based on the organizational performance requirements issued under this subsection and applicable to such senior executive. (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 of title 5 accurately reflected the organizational performance requirements of the Department; and (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 of title 5, the Secretary shall ensure that such system is designed to— (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 of title 5 shall ensure that— (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) of title 5 of any level of performance lower than fully successful a detailed explanation of the performance deficiencies of the senior executive. (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 of title 38, United States Code, is amended— (1) in subsection (b)(3), by inserting after dentist the following: 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) before Market pay ; and (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, and inserting shall ; and (3) in subsection (d)— (A) in paragraph (1)— (i) by inserting (A) before One element ; and (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 after paid ; and (ii) by striking on the basis and inserting 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) and inserting this subsection ; (F) in paragraph (5)(B), by striking 7.5 percent and inserting 5 percent ; and (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.