#aaeth ,,congress #ast ,session ,s4 #ab ,,an ,,act ,to amend title #ch1 ,united ,states ,code1 to improve the accountability of employees of the ,department of ,veterans ,affairs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,increasing the ,department of ,veterans ,affairs ,accountability to ,veterans ,act of #bjag4 #b4 ,accountability of leaders for managing the ,department of ,veterans ,affairs 7a7 ,in general ,chapter #g of title #ch1 ,united ,states ,code1 is amended by inserting after section #gji the following new section3 #gaj4 ,annual performance plan for political appointees 7a7 ,in general ,the ,secretary shall conduct an annual performance plan for each political appointee of the ,department that is similar to the annual performance plan conducted for an employee of the ,department who is appointed as a career appointee 7as that term is defined in section #cacb7;a77#d7 of title #e7 within the ,senior ,executive ,service at the ,department4 7b7 ,elements of plan ,each annual performance plan conducted under subsection 7a7 with respect to a political appointee of the ,department shall include1 to the extent applicable1 an assessment of whether the appointee is meeting the following goals3 7#a7 ,recruiting1 selecting1 and retaining well-qualified individuals for employment at the ,department4 7#b7 ,engaging and motivating employees4 7#c7 ,training and developing employees and preparing those employees for future leadership roles within the ,department4 7#d7 ,holding each employee of the ,department that is a manager accountable for addressing issues relating to performance1 in particular issues relating to the performance of employees that report to the manager4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #g of such title is further amended by inserting after the item relating to section #gji the following new item3 #gaj4 ,annual performance plan for political appointees4 4 #c4 ,accountability of supervisors at ,department of ,veterans ,affairs for hiring well-qualified people 7a7 ,assessment during probationary period 7#a7 ,determination required ,with respect to any employee of the ,department of ,veterans ,affairs who is required to serve a probationary period in a position in the ,department1 the ,secretary of ,veterans ,affairs shall require the supervisor of such employee to determine1 during the #cj-;day period ending on the date on which the probationary period ends1 whether the employee-- 7,a7 has demonstrated successful performance2 and 7,b7 should continue past the probationary period4 7#b7 ,limitation on employment after probationary period 7,a7 ,in general ,except as provided in subparagraph 7,b71 no employee of the ,department serving a probationary period as described in paragraph 7#a7 may complete that probationary period unless and until the supervisor of the employee1 or another supervisor capable of making the requisite determination1 has made an affirmative determination under such paragraph4 7,b7 ,probationary period deemed completed 7i7 ,no determination ,if no determination under paragraph 7#a7 is made with respect to an employee before the end of the #fj-;day period following the end of the #cj-;day period specified in such paragraph1 the employee shall be deemed to have completed the probationary period of the employee effective as of the end of that #fj-;day period4 7ii7 ,retroactive effect of determination ,if an affirmative determination under paragraph 7#a7 is made with respect to an employee after the end of the #cj-;day period specified in such paragraph1 the employee shall be deemed to have completed the probationary period of the employee effective as of the end of that #cj-;day period4 7#c7 ,notification to ,congress regarding determinations ,not less frequently than monthly1 the ,secretary shall notify the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives regarding-- 7,a7 each instance during such month in which a supervisor did not make a determination required under paragraph 7#a7 during the period required in such paragraph2 and 7,b7 each such instance included in a previous notification under this paragraph for which the supervisor still has not made such a determination4 7b7 ,supervisors ,with respect to any employee of the ,department who is serving a probationary period in a supervisory position at the ,department1 successful performance under subsection 7a7 shall include demonstrating management competencies in addition to the technical skills required for such position4 7c7 ,performance plan ,each annual performance plan conducted for a supervisor of an employee serving a probationary period shall hold the supervisor accountable for-- 7#a7 providing regular feedback to such employee during such period before making a determination under subsection 7a7 regarding the probationary status of such employee2 and 7#b7 making a timely determination under subsection 7a7 regarding the probationary status of such employee4 7d7 ,supervisor defined ,in this section1 the term supervisor has the meaning given such term in section #gajc7;a7 of title #e1 ,united ,states ,code4 #d4 ,accountability of managers for addressing performance of employees ,the ,secretary of ,veterans ,affairs shall ensure that1 as a part of the annual performance plan of an employee of the ,department of ,veterans ,affairs who is a manager1 the manager is evaluated on the following3 7#a7 ,taking action to address poor performance and misconduct among the employees that report to the manager4 7#b7 ,taking steps to improve or sustain high levels of employee engagement4 #e4 ,written opinion on certain employment restrictions after terminating employment with the ,department of ,veterans ,affairs 7a7 ,in general ,subchapter ,i of chapter #g of title #ch1 ,united ,states ,code1 is further amended by adding at the end the following new section3 #gag4 ,written opinion on certain employment restrictions after terminating employment with the ,department 7a7 ,in general ,before terminating employment with the ,department1 any official of the ,department who has participated personally and substantially during the one-year period ending on the date of the termination in an acquisition by the ,department that exceeds #aj1jjj1jjj shall obtain a written opinion from an appropriate ethics counselor at the ,department regarding any restrictions on activities that the official may undertake on behalf of a covered contractor during the two-year period beginning on the date on which the official terminates such employment4 7b7 ,covered contractor defined ,in this section1 the term covered contractor means a contractor carrying out a contract entered into with the ,department1 including pursuant to a subcontract4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #g of such title is further amended by inserting after the item relating to section #gae the following new item3 #gag4 ,written opinion on certain employment restrictions after leaving the ,department4 4 #f4 ,requirement for contractors of the ,department employing certain recently separated ,department employees 7a7 ,in general ,subchapter ,,ii of chapter #ha of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #habi4 ,requirement for contractors employing certain recently separated ,department employees 7a7 ,in general ,a covered contractor may not knowingly provide compensation to an individual described in subsection 7b7 during the two-year period beginning on the date on which the individual terminates employment with the ,department unless the covered contractor determines that the individual-- 7#a7 has obtained the written opinion required under section #gag7;a7 of this title2 or 7#b7 has requested such written opinion not later than #cj days before receiving compensation from the covered contractor4 7b7 ,individual described ,an individual described in this subsection is any official of the ,department who participated personally and substantially during the one-year period ending on the date of the termination individual's employment with the ,department in an acquisition by the ,department that exceeds #aj1jjj1jjj4 7c7 ,covered contractor defined ,in this section1 the term covered contractor means a contractor carrying out a contract entered into with the ,department1 including pursuant to a subcontract4 4 7b7 ,application ,the requirement under section #habi7;a7 of title #ch1 ,united ,states ,code1 as added by subsection 7a71 shall apply with respect to any entity that enters into a contract with the ,department on or after the date of the enactment of this ,act4 7c7 ,clerical amendment ,the table of sections at the beginning of chapter #ha of such title is amended by inserting after the item relating to section #habh the following new item3 #habi4 ,requirement for contractors employing certain recently separated ,department employees4 4 ,passed the ,senate ,may #be1 #bjag4,secretary