Comprehensive Department of Veterans Affairs Performance Management and Accountability Reform Act of 2014 - Directs the Secretary of Veterans Affairs, in implementing the federal performance appraisal system for senior executives of the Department of Veterans Affairs (VA), to annually issue the organizational performance requirements to be achieved by each executive. Requires at least half of the annual rating of each executive to be based on such requirements. Directs the Secretary to certify to the congressional veterans committees, annually, that such requirements are being utilized and that each executive's rating accurately reflects use of such requirements. Provides additional implementation requirements.
Directs the Secretary to provide a detailed explanation to any executive who receives an annual rating lower than fully successful. Requires each executive who receives: (1) two annual ratings of less than fully successful to be removed from the Senior Executive Service; or (2) three consecutive ratings of the highest performance level to be given an opportunity to obtain a different position within the VA with more responsibility, if such a position is available.
Requires the Secretary to report annually on the VA's senior executive performance appraisal system.
Allows VA physician and dentist performance pay only to those who received a fully successful level of performance in their most recent appraisal. Directs the Secretary to report semiannually on health care trends to be used in determining VA physician and dentist recruitment and retention needs. Requires: (1) the establishment of a performance appraisal system for VA physicians and dentists; and (2) their performance to be evaluated based on goals and objectives specifically linked to improved health care outcomes and quality, as well as overall effectiveness in providing quality health care services. Requires each VA physician or dentist be provided a copy of his or her annual rating under the system, as well as an opportunity to respond and have the rating reviewed by the VA's Under Secretary for Health. Prohibits a VA physician or dentist who has not maintained an appropriate professional license from being paid.
Directs the Secretary to report on the VA training program for senior executives.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4399 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4399
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.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Department of Veterans
Affairs Performance Management and Accountability Reform Act of 2014''.
SEC. 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:
``Sec. 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Economic Opportunity.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported in the Nature of a Substitute (Amended) by Voice Vote.
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