Sec. 5. Reform of performance appraisal system for Senior Executive Service employees of the Department of Veterans Affairs
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Chapter 7 of title 38, United States Code, is further amended by inserting after section 717, as added by section 3, the following new section: The performance appraisal system for individuals employed in senior executive positions in the Department required by section 4312 of title 5 shall provide, in addition to the requirements of such section, for five annual summary ratings of levels of performance as follows: One outstanding level. One exceeds fully successful level. One fully successful level.
One minimally satisfactory level. One unsatisfactory level. The following limitations apply to the rating of the performance of such individuals: For any year, not more than 10 percent of such individuals who receive a performance rating during that year may receive the outstanding level under paragraph (1)(A). For any year, not more than 20 percent of such individuals who receive a performance rating during that year may receive the exceeds fully successful level under paragraph (1)(B).
In evaluating the performance of an individual under the performance appraisal system, the Secretary shall take into consideration— any complaint or report (including any pending or published report) submitted by the Inspector General of the Department, the Comptroller General of the United States, the Equal Employment Opportunity Commission, or any other appropriate person or entity, related to any facility or program managed by the individual, as determined by the Secretary; efforts made by the individual to maintain high levels of satisfaction and commitment among the employees supervised by the individual; and the criteria described in section 734(a)(2) of this title.
At least once every five years, the Secretary shall reassign each individual employed in a senior executive position to a position at a different location that does not include the supervision of the same personnel or programs. The Secretary shall make such reassignments on a rolling basis based on the date on which an individual was originally assigned to a position. The Secretary may waive the requirement under paragraph
(1)for any such individual, if the Secretary submits to the Committees on Veterans’ Affairs of the Senate and House of Representatives notice of the waiver and an explanation of the reasons for the waiver. Not later than March 1 of each year, the Secretary shall submit to the Committees on Veterans’ Affairs and Homeland Security and Governmental Affairs of the Senate and the Committees on Veterans’ Affairs and Oversight and Government Reform of the House of Representatives a report on the performance appraisal system of the Department under subsection (a). Each such report shall include, for the year preceding the year during which the report is submitted, each of the following: All documentation concerning each of the following for each individual employed in a senior executive position in the Department: The initial performance appraisal. The higher level review, if requested. The recommendations of the performance review board. The final summary review. The number of initial performance ratings raised as a result of the recommendations of the performance review board. The number of initial performance ratings lowered as a result of the recommendations of the performance review board. Any adverse action taken against any such individual who receives a performance rating of less than fully successful. The review of the Inspector General of the Department of the information described in subparagraphs
(A)through
(D)of paragraph (1). A summary of the documentation provided under paragraph (1). In this section, the term senior executive position has the meaning given that term in section 713(g)(3) of this title. . The table of sections at the beginning of such chapter, as amended by section 3, is further amended by inserting after the item relating to section 717 the following new item: 719. Senior executives: performance appraisal. . Section 4312(b) of title 5, United States Code, is amended— in paragraph (2), by striking and at the end; in paragraph (3), by striking the period at the end and inserting ; and ; and by adding at the end the following: that, in the case of the Department of Veterans Affairs, the performance appraisal system meets the requirements of section 719 of title 38. . Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into a contract with a nongovernmental entity to review the management training program for individuals employed in senior executive positions (as such term is defined in section 713(g)(3) of title 38, United States Code) of the Department of Veterans Affairs that is being provided as of the date of the enactment of this Act. Such review shall include a comparison of the training provided by the Department of Veterans Affairs to the management training provided for senior executives of other Federal departments and agencies and to the management training provided to senior executives in the private sector. The contract shall provide that the nongovernmental entity must complete and submit to the Secretary a report containing the findings and conclusions of the review by not later than 180 days after the date on which the Secretary and the nongovernmental entity enter into the contract. Not later than 60 days after the date on which the Secretary receives the report under paragraph (1), the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives the report together with a plan for carrying out the recommendations contained in the report.