S. 290

Increasing the Department of Veterans Affairs Accountability to Veterans Act of 2016

This bill requires the reduction of the federal annuities of individuals removed from the Department of Veterans Affairs (VA) Senior Executive Service (SES) if they are convicted of a felony that influenced their performance while employed in such position.

The VA may order the reduction of the federal annuities of individuals who were convicted of such a felony and were subject to removal or transfer from the SES but who left the VA before final action was taken. Such annuities shall be reduced by excluding the covered service performed after the activity that subjects such an individual to transfer or removal occurs.

An individual whose annuity is reduced may appeal the reduction to the Office of Personnel Management.

The VA may not place an SES employee on administrative leave for more than a total of 14 days during any 365-day period. The VA may waive such prohibition if it provides Congress with a detailed explanation of the reasons the employee was placed on administrative leave and the reasons for extending such leave.

The VA shall conduct an annual performance plan for each political appointee that is similar to the plan conducted for career appointee SES employees.

A supervisor of an employee on probation shall determine, during the 30-day period ending on the date on which the probationary period ends, whether the employee: (1) has demonstrated successful performance, and (2) should continue past the probationary period.

Each annual performance plan for a supervisor of an employee serving a probationary period shall hold the supervisor accountable for: (1) providing regular feedback to the employee before making a determination regarding such employee's probationary status, and (2) making a timely probationary status determination.

The evaluation of VA managers shall include actions taken to address employee performance.

Before terminating VA employment, an official who has participated personally and substantially in a VA acquisition that exceeds $1 million or who held a key acquisitions position at the VA shall obtain a written opinion from a VA ethics counselor regarding any restrictions on activities that the official may undertake on behalf of a contractor during the two-year period after the official terminates VA employment. A contractor may not knowingly provide compensation to such an individual during such two-year period unless the contractor determines that the individual has obtained or requested such written opinion.