In the House of Representatives, U. S.,
July 28, 2017.
Resolved, That the bill from the Senate (S. 114) entitled “An Act to amend title 38, United States Code, to require the Secretary of Veterans Affairs to submit an annual report regarding performance awards and bonuses awarded to certain high-level employees of the Department of Veterans Affairs.”, do pass with the following
AMENDMENTS:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(b) Table of contents.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 101. Appropriation of amounts for Veterans Choice Program.
Sec. 201. Modification to annual determination of staffing shortages in Veterans Health Administration.
Sec. 202. Establishment of Department of Veterans Affairs Executive Management Fellowship Program.
Sec. 203. Accountability of leaders for managing the Department of Veterans Affairs.
Sec. 204. Reemployment of former employees at Department of Veterans Affairs.
Sec. 205. Promotional opportunities for technical experts at Department of Veterans Affairs.
Sec. 206. Employment of students and recent graduates by Department of Veterans Affairs.
Sec. 207. Encouragement of transition of military medical professionals into employment with Veterans Health Administration.
Sec. 208. Recruiting database at Department of Veterans Affairs.
Sec. 209. Training for human resources professionals of Veterans Health Administration on recruitment and retention.
Sec. 210. Plan to hire directors of medical centers of Department of Veterans Affairs.
Sec. 211. Exit surveys at Department of Veterans Affairs.
Sec. 212. Requirement that physician assistants employed by the Department of Veterans Affairs receive competitive pay.
Sec. 213. Expansion of direct-hiring authority for Department of Veterans Affairs in case of shortage of highly qualified candidates.
Sec. 214. Comptroller General of the United States assessment of succession planning at Department of Veterans Affairs.
Sec. 301. Authorization of certain major medical facility leases of the Department of Veterans Affairs.
Sec. 302. Authorization of appropriations for medical facility leases.
Sec. 401. Extension of reduction in amount of pension furnished by Department of Veterans Affairs for certain veterans covered by medicaid plans for services furnished by nursing facilities.
Sec. 402. Extension of requirement for collection of fees for housing loans guaranteed by Secretary of Veterans Affairs.
Sec. 403. Extension of authority to use income information.
(a) In general.—There is authorized to be appropriated, and is appropriated, to the Secretary of Veterans Affairs, out of any funds in the Treasury not otherwise appropriated, $2,100,000,000 to be deposited in the Veterans Choice Fund under section 802 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 38 U.S.C. 1701 note).
Section 7412(a) of title 38, United States Code, is amended—
(a) Fellowship program.—Chapter 7 of title 38, United States Code, is amended by adding at the end the following new subchapter:
Ҥ 741. Executive Management Fellowship Program
“(a) Fellowship program.—There is in the Department an Executive Management Fellowship Program. The purpose of the program shall be to provide—
“(b) Fellowship.— (1) A fellowship provided under this section is a 1-year fellowship during which—
“(A) with respect to a Department participant, the participant receives training and experience at a private-sector entity that is engaged in the administration and delivery of health care or other services similar to the benefits administered by the Secretary; and
“(c) Selection of recipients.— (1) In August of each year, the Secretary shall select—
“(A) not fewer than 18 and not more than 30 eligible employees of the Veterans Benefits Administration and the Veterans Health Administration to receive a fellowship under this section; and
“(B) not fewer than 18 and not more than 30 eligible employees of private-sector entities to receive a fellowship under this section.
“(2) To the extent practicable, the Secretary shall select eligible employees under subparagraphs (A) and (B) of paragraph (1) from among eligible employees who are veterans in a manner that is reflective of the demographics of the veteran population of the United States and that whenever practicable provides a preference to such employees who represent or service rural areas.
“(d) Eligible employees.—For the purposes of this section, an eligible employee is—
“(1) with respect to an employee of the Veterans Benefits Administration or the Veterans Health Administration, an employee who—
“(A) is compensated at a rate of basic pay not less than the minimum rate of basic pay payable for grade GS–14 of the General Schedule and not more than either the minimum rate of basic pay payable to a member of the Senior Executive Service under section 5382 of title 5 or the minimum rate of basic pay payable pursuant to chapter 74 of this title, as the case may be;
“(e) Agreements.— (1) An agreement between the Secretary and a Department participant shall be in writing, shall be signed by the participant, and shall include the following provisions:
“(B) The participant’s agreement—
“(C) A provision that any financial obligation of the United States arising out of an agreement entered into under this subchapter, and any obligation of the participant which is conditioned on such agreement, is contingent upon funds being appropriated.
“(D) A statement of the damages to which the United States is entitled under this subchapter for the participant’s breach of the agreement.
“(f) Treatment of recipients.— (1) A Department participant shall be considered an employee of the Department for all purposes, including for purposes of receiving a salary and benefits, and shall remain eligible for all promotion and incentive programs otherwise available to such an employee.
“(g) Reports.— (1) Not later than 60 days after completing a fellowship under this section, a recipient of the fellowship shall submit to the Secretary a report on the fellowship.
“(h) Definitions.—In this section:
“(1) The term ‘Department participant’ means an employee of the Veterans Benefits Administration or the Veterans Health Administration who is participating in the fellowship under this section.
(b) Deadline for implementation.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall implement the Executive Management Fellowship Program required under section 741 of title 38, United States Code, as added by subsection (a).
(c) Clerical amendment.—The table of sections at the beginning of chapter 7 of title 38, United States Code, is amended by adding at the end the following new items:
“SUBCHAPTER III—EXECUTIVE MANAGEMENT FELLOWSHIP PROGRAM
“741. Executive Management Fellowship Program.”.
(a) In general.—Subchapter I of chapter 7 of title 38, United States Code, is amended by adding at the end the following new section:
Ҥ 725. Annual performance plan for political appointees
“(a) 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 (as that term is defined in section 3132(a) of title 5) within the Senior Executive Service at the Department.
“(b) Elements of plan.—Each annual performance plan conducted under subsection (a) with respect to a political appointee of the Department shall include an assessment of whether the appointee is meeting the following goals:
“(1) Recruiting, selecting, and retaining well-qualified individuals for employment at the Department.
“(c) Definition of political appointee.—In this section, the term ‘political appointee’ means an employee of the Department who holds—
(a) In general.—Notwithstanding sections 3309 through 3318 of title 5, United States Code, the Secretary of Veterans Affairs may noncompetitively appoint a qualified former career or career conditional employee to any position within the competitive service at the Department of Veterans Affairs that is one grade or equivalent higher than the grade or equivalent of the position at the Department most recently occupied by the employee.
(b) Limitation.—The Secretary may not appoint a qualified former employee to a position that is more than one grade (or equivalent) higher than the position at the Department most recently occupied by the employee.
(c) Definition of qualified former employee.—For purposes of this section, the term “qualified former employee” means any individual who—
(1) formerly occupied any career or career conditional position at the Department of Veterans Affairs within 2 years before applying for reemployment at the Department;
Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a promotional track system for employees of the Department of Veterans Affairs that the Secretary determines are technical experts pursuant to regulations prescribed by the Secretary for purposes of carrying out this section. Such system shall—
(a) In general.—The Secretary of Veterans Affairs shall prescribe regulations to allow for excepted service appointments of students and recent graduates leading to conversion to career or career conditional employment of a student or recent graduate of a qualifying educational institution, as defined by the Department.
(b) Applicability.—The conversion authority described in subsection (a) shall be applicable to individuals in good standing who—
(2) are employed in the Department in a volunteer capacity and performing substantive duties comparable to those of individuals in internship or fellowship programs and meet the required number of hours for conversion;
(3) are employed in the Department under a contract or agreement with an external nonprofit organization and performing substantive duties comparable to those of individuals in internship or fellowship programs;
(4) have received educational assistance under chapter 33 of title 38, United States Code; or
The Secretary of Veterans Affairs shall establish a program to encourage an individual who serves in the Armed Forces with a military occupational specialty relating to the provision of health care to seek employment with the Veterans Health Administration when the individual has been discharged or released from service in the Armed Forces or is contemplating separating from such service.
(a) Establishment.—The Secretary of Veterans Affairs shall establish a single database that lists—
(b) Qualified applicant.—If the Secretary determines that an applicant for a vacant position listed in the database established under subsection (a) is qualified for such position but does not select the applicant for such position, the Secretary, at the election of the applicant, may consider the applicant for other similar vacant positions listed in the database for which the applicant is qualified.
(a) In general.—The Secretary of Veterans Affairs shall provide to human resources professionals of the Veterans Health Administration training on how to best recruit and retain employees of the Veterans Health Administration, including with respect to any recruitment and retention matters that are unique to the Veterans Health Administration pursuant to chapter 74 of title 38, United States Code, or other provisions of law.
(c) Amount of training.—The Secretary shall ensure that each human resources professional of the Veterans Health Administration receives the training described in subsection (a)—
(d) Certification.—The Secretary shall require that each human resources professional of the Veterans Health Administration, upon the completion of the training described in subsection (a), certifies that the professional received the training and understands the information provided by the training.
(e) Annual report.—Not less frequently than annually, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the training described in subsection (a), including the cost of providing such training and the number of human resources professionals who received such training during the year covered by the report.
(a) Plan.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop and implement a plan to hire highly qualified directors for each medical center of the Department of Veterans Affairs that lacks a permanent director as of the date of the plan.
(b) Priority.—The Secretary shall prioritize under the plan developed under subsection (a) the hiring of directors for medical centers that have not had a permanent director for the longest periods.
(c) Matters included.—The plan developed under subsection (a) shall include the following:
(d) Submittal of plan.—Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives the plan developed under subsection (a).
(e) Semiannual reports.—Not later than 180 days after the date of the enactment of this Act, and not later than 180 days thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report containing a list of each medical center of the Department that lacks a permanent director as of the date of the report.
(a) Exit surveys required.—
(b) Survey content.—The survey shall include, at a minimum, the following:
(c) Anonymity of survey content.—The Secretary shall ensure that data collected under subsection (a)—
(d) Sharing of survey data.—The Secretary shall ensure that the results of the survey required by subsection (a) are—
(e) Annual report.—
(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act and not less frequently than once each year thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report containing the aggregate results of the exit survey under subsection (a) covering the year prior to the report.
Section 7451(a)(2) of title 38, United States Code, is amended—
Section 3304(a)(3)(B) of title 5, United States Code, is amended by inserting “(or, with respect to the Department of Veterans Affairs, that there exists a severe shortage of highly qualified candidates)” after “severe shortage of candidates”.
(a) Assessment.—
(1) IN GENERAL.—The Comptroller General of the United States shall assess the extent to which key succession planning policies and guidance at the Department of Veterans Affairs, including the Veterans Health Administration, the Veterans Benefits Administration, and the National Cemetery Administration, are consistent with leading practices for succession and workforce planning identified by Comptroller General.
(b) Report.—Not later than two years after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the assessment carried out under subsection (a).
(c) Sense of Congress on study on compliance with policies and guidance.—It is the sense of Congress that—
The Secretary of Veterans Affairs may carry out the following major medical facility leases at the locations specified and in an amount for each lease not to exceed the amount specified for such location (not including any estimated cancellation costs):
(2) For a new outpatient mental health clinic, Birmingham, Alabama, an amount not to exceed $6,649,000.
(4) For a replacement research space, Charleston, South Carolina, an amount not to exceed $7,274,000.
(6) For a replacement outpatient clinic, Daytona Beach, Florida, an amount not to exceed $12,198,000.
(7) For a replacement Chief Business Office Purchased Care office space, Denver, Colorado, an amount not to exceed $14,784,000.
(8) For a replacement outpatient clinic, Fredericksburg, Virginia, an amount not to exceed $45,015,000.
(10) For an outpatient mental health clinic, Gainesville, Florida, an amount not to exceed $4,320,000.
(11) For a replacement outpatient clinic, Hampton Roads, Virginia, an amount not to exceed $18,141,000.
(12) For a replacement outpatient clinic, Indianapolis, Indiana, an amount not to exceed $7,876,000.
(13) For a replacement outpatient clinic, Jacksonville, Florida, an amount not to exceed $18,623,000.
(15) For a replacement outpatient mental health clinic, Northern Colorado, Colorado, an amount not to exceed $8,904,000.
(21) For a replacement outpatient clinic, Raleigh, North Carolina, an amount not to exceed $21,870,000.
(22) For a replacement outpatient clinic, phase II, Rochester, New York, an amount not to exceed $3,645,000.
There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2018 or the year in which funds are appropriated for the Medical Facilities account $274,634,000 for the major medical facility leases authorized in section 301.
Section 5503(d)(7) of title 38, United States Code, is amended by striking “September 30, 2024” and inserting “September 30, 2027”.
Amend the title so as to read: “An Act to authorize appropriations and to appropriate amounts for the Veterans Choice Program of the Department of Veterans Affairs, to improve hiring authorities of the Department, to authorize major medical facility leases, and for other purposes.”.
Attest:
Clerk.
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