,,ii  #aaeth ,,congress  #ast ,session  
,s4 #ab  ,,in ,,the ,,senate ,,of ,,the 
,,united ,,states  ,january #c1         
#bjag,mr4 ,moran 7for himself1 ,mr4     
,blumenthal1 and ,mr4 ,bennet7          
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,veterans' ,affairs  ,a   
,,bill  ,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 ,reduction of       
benefits for senior executives and      
certain health care employees of        
,department of ,veterans ,affairs       
convicted of a felony  7a7 ,in general  
,chapter #g of title #ch1 ,united       
,states ,code1 is amended by inserting  
after section #gac the following new    
section3  #gad4 ,senior executives and  

section #gdja7a7 employees3 reduction of
 benefits of individuals convicted of a 
felony  7a7 ,reduction of annuity for   
removed individual ,the covered service 
of an individual removed from a covered 
position at the ,department by the      
,secretary for performance or misconduct
 shall not be taken into account for    
purposes of calculating an annuity with 
respect to such individual under chapter
 #hc or chapter #hd of title #e1 if the 
individual is convicted of a felony 7and
 the conviction is final7 that was      
related1 as determined by the ,director 
of the ,office of ,personnel            
,management1 to the individual's conduct
 or performance while employed in such  
covered position4  7b7 ,reduction of    
annuity for retired individual  7#a7    
,the ,secretary may order that the      
covered service of an individual who is 
subject to a removal or transfer from a 
covered position at the ,department by  
the ,secretary for performance or       
misconduct but who leaves employment at 

the ,department prior to the issuance of
 a final decision with respect to such  
removal or transfer shall not be taken  
into account for purposes of calculating
 an annuity with respect to such        
individual under chapter #hc or chapter 
#hd of title #e1 if the individual is   
convicted of a felony 7and the          
conviction is final7 that was related1  
as determined by the ,director of the   
,office of ,personnel ,management1 to   
the individual's performance while      
employed in such covered position4  7#b7
 ,the ,secretary shall make such an     
order not later than #g days after the  
date on which such individual is        
convicted of such felony4  7#c7 ,not    
later than #cj days after the ,secretary
 issues any order with respect to an    
individual under paragraph 7#a71 the    
,director of the ,office of ,personnel  
,management shall recalculate the       
annuity of the individual4  7c7         
,lump-,sum annuity credit ,any          
individual with respect to whom an      

annuity is reduced under subsection 7a7 
or 7b7 shall be entitled to be paid so  
much of such individual's lump-sum      
credit as is attributable to the period 
of covered service4  7d7 ,review of     
reduction of annuity ,any individual    
whose annuity is reduced under          
subsection 7a7 or 7b7 may appeal the    
reduction to the ,director of the       
,office of ,personnel ,management4  7e7 
,definitions ,in this section3 7#a7 ,the
 term covered position is--  7,a7 a     
senior executive position2 or  7,b7 a   
position listed in section #gdja7a7 of  
this title that is not a senior         
executive position4  7#b7 ,the term     
covered service means1 with respect to  
an individual subject to a removal or   
transfer from a covered position at the 
,department for performance or          
misconduct1 the period of service       
beginning on the date that the          
,secretary determines that such         
individual engaged in activity that gave
 rise to such action and ending on the  

date that such individual is removed    
from the civil service or leaves        
employment at the ,department prior to  
the issuance of a final decision with   
respect to such action1 as the case may 
be4  7#c7 ,the term lump-sum credit has 
the meaning given such term in section  
#hcca or #hdja of title #e1 as the case 
may be4  7#d7 ,the term senior executive
 position has the meaning given such    
term in section #gac7;g7 of this title4 
7#e7 ,the term service has the meaning  
given such term in section #hcca or     
#hdja of title #e1 as the case may be4  
4  7b7 ,application ,section #gad of    
such title1 as added by subsection 7a71 
shall apply to any action of removal or 
transfer from a covered position 7as    
defined in subsection 7e7 of such       
section7 at the ,department of ,veterans
 ,affairs commencing on or after the    
date of the enactment of this ,act4  7c7
 ,clerical amendment ,the table of      
sections at the beginning of such       
chapter is amended by inserting after   

section #gac the following new item3    
#gad4 ,senior executives and section    
#gdja7a7 employees3 reduction of        
benefits of individuals convicted of a  
felony4  4  #c4 ,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  #d4  
,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  #e4 ,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    
#f4 ,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  #g4        
,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