S. 12Senate115th Congress (2017-2019)Passed Senate

Increasing the Department of Veterans Affairs Accountability to Veterans Act of 2017

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Updated April 15, 2026 at 11:05 AM UTC

The Increasing the Department of Veterans Affairs Accountability to Veterans Act of 2017 amends U.S. Code to tighten oversight of VA employees and contractors. It adds performance‑plan requirements for political appointees, stricter probationary‑employee reviews, and manager performance evaluations. It also introduces ethics‑opinion rules for officials involved in big VA contracts and restricts contractors from hiring those officials for two years after they leave, unless proper clearance is obtained.

Key Provisions

Requires the VA Secretary to create annual performance plans for political appointees, covering recruitment, employee engagement, training, and manager accountability.
Mandates that supervisors assess probationary employees during the last 30 days of their probation and report any missed assessments to the House and Senate Veterans’ Affairs Committees each month.
Adds a requirement that VA managers be evaluated each year on how they address poor performance and promote employee engagement.
Requires senior officials who worked on VA acquisitions over $10 million to obtain a written ethics opinion before leaving the department about any post‑employment restrictions with the contractor involved.
Bars contractors from paying former VA officials who participated in large acquisitions for two years after they leave, unless the official has obtained the required ethics opinion or requested it in advance.

Legislative Activity

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7 earlier actions

HouseIntro Referral Latest Action

Referred to the House Committee on Veterans' Affairs.

Veterans' Affairs Committee

May 26, 2017

View full timeline

SenateIntro Referral

Introduced in Senate

January 3, 2017

SenateIntro Referral

Read twice and referred to the Committee on Veterans' Affairs.

Veterans' Affairs Committee

January 3, 2017

SenateCommittee

Senate Committee on Veterans' Affairs discharged by Unanimous Consent.

Veterans' Affairs Committee

May 25, 2017

SenateFloor

Measure laid before Senate by unanimous consent. (consideration: CR S3189-3190)

May 25, 2017

SenateFloor

Passed Senate with an amendment by Unanimous Consent. (text: CR S3189-3190)

May 25, 2017

SenateFloor

Message on Senate action sent to the House.

May 25, 2017

HouseFloor

Received in the House.

May 26, 2017 • 10:02 AM

HouseIntro Referral

Referred to the House Committee on Veterans' Affairs.

Veterans' Affairs Committee

May 26, 2017

Floor Debate

5 members

What members said about S. 12 on the floor

3 Republicans2 Democrats

Sen. Richard BlumenthalD-CT · Apr 27, 2017

Mr. President, one goal we share in this body, which is a very bipartisan goal, is keeping faith with our veterans, making sure no veteran is left behind. I had the great honor to work as ranking…

Mr. President, one goal we share in this body, which is a very bipartisan goal, is keeping faith with our veterans, making sure no veteran is left behind.

I had the great honor to work as ranking member with Senator Isakson, the chairman of the Veterans' Affairs Committee, on a bill called the Veterans First Act that unfortunately failed to cross the finish line during the last session. One of the major goals of that bill was to ensure accountability at the Department of Veterans Affairs so employees of the VA who fail to do their job are held accountable. That goal of accountability is one of a number that must be pursued and will be sought during this session, including ending the backlog of appeals and providing better healthcare, ensuring skills training and job opportunities for our veterans.

Today the President signed an Executive order at the Department of Veterans Affairs to designate an individual responsible for accountability and whistleblower protection, a worthwhile first step. It is a commendable step toward accountability. But that individual and the Office of Accountability and Whistleblower Protection must have real responsibility and power and must be insulated from any kind of political interference through establishment through statute. That office should be established by statutory authority. That is why I will be advocating and likely introducing legislation that involves supporting and training employees and listening to veterans about what they want from the VA through that Office of Accountability and Whistleblower Protection, to provide real accountability to the Congress by requiring reporting to Congress about what it finds and real whistleblower protection, so that anybody who complains about the VA's misdirected or misguided action is assured protection against any kind of revenge or retaliation, which is the essence of whistleblower protection, and a Senate-confirmed director so that the accountability function is, again, accountable to us. That kind of statutory embodiment is necessary to make sure that the Office of Accountability and Whistleblower Protection has power and reporting requirements so that it is accountable to us as elected representatives and advocates for our veterans.

My hope is that the Senate and House will adopt that provision, one that was contained in the Veterans First bill that Senator Isakson and I championed during the last Senate and which I hope we will pursue again in a very bipartisan way.

I also hope that the Senate will take up and pass S. 12, the Increasing the Department of Veterans Affairs Accountability to Veterans Act of 2017. My colleague, Senator Moran, a cosponsor with me, spoke about it earlier today. It would provide reduction of benefits for senior executives and certain healthcare employees of the Department of Veterans Affairs if they have been convicted of a felony in connection with their work. VA employees who commit serious crimes in connection with their employment should not be receiving pensions. That is one of the key provisions to activate a deterrent to misconduct and also to assure that misconduct is adequately punished.

Accountability for leaders who manage the Department of Veterans Affairs Employee Affairs would be another goal of this legislation, S. 12, so that the men and women who hire and fire are themselves evaluated when they do those jobs.

These kinds of details are important--as important as any new office with an individual whose unspecified powers may include them or not. Right now they do not, under the Executive order, specifically include such enumerated powers. That is our job, to make sure that this office of accountability is real in its responsibility, is clearly assigned in its functions, is held accountable for its performance and has real teeth, not just rhetoric.

I am hopeful that we will move ahead with this very, very important office to make sure that our veterans receive what they deserve--real accountability, a genuine assurance that the people who serve them will do their jobs, not just adequately but excellently. That is the goal that I believe we will share.

I welcome this Executive order. I believe we can and must do more to make sure that the VA keeps faith with our veterans and leaves no veterans behind.

Thank you, Mr. President.

I yield the floor.

I suggest the absence of a quorum.

Sen. Mitch McConnellR-KY · May 25, 2017

Mr. President, I ask unanimous consent that the Committee on Veterans Affairs be discharged from further consideration of S. 12 and the Senate proceed to its immediate consideration. Mr. President, I…

Sen. John BarrassoR-WY · Apr 27, 2017

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I ask for the yeas and nays.

Sen. John CornynR-TX · Apr 27, 2017

The following Senator is necessarily absent: the Senator from Pennsylvania (Mr. Toomey).

Sen. Richard J. DurbinD-IL · Apr 27, 2017

I announce that the Senator from Michigan (Mr. Peters) is necessarily absent.

Bill Text

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Referred in HouseIssued May 26, 2017

115th CONGRESS

1st Session

S. 12

IN THE HOUSE OF REPRESENTATIVES

May 26, 2017

Referred to the Committee on Veterans' Affairs

AN ACT

To amend title 38, United States Code, to improve the accountability of employees of the Department of Veterans Affairs, and for other purposes.

Short title

This Act may be cited as the Increasing the Department of Veterans Affairs Accountability to Veterans Act of 2017.

Accountability of leaders for managing the Department of Veterans Affairs

(a)

In general

Chapter 7 of title 38, United States Code, is amended by inserting after section 709 the following new section:

710.

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)(4) 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, to the extent applicable, an assessment of whether the appointee is meeting the following goals:

(1)

Recruiting, selecting, and retaining well-qualified individuals for employment at the Department.

(2)

Engaging and motivating employees.

(3)

Training and developing employees and preparing those employees for future leadership roles within the Department.

(4)

Holding each employee of the Department that is a manager accountable for addressing issues relating to performance, in particular issues relating to the performance of employees that report to the manager.

(b)

Clerical amendment

The table of sections at the beginning of chapter 7 of such title is further amended by inserting after the item relating to section 709 the following new item:

710. Annual performance plan for political appointees.

Accountability of supervisors at Department of Veterans Affairs for hiring well-qualified people

(a)

Assessment during probationary period

(1)

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 Department, the Secretary of Veterans Affairs shall require the supervisor of such employee to determine, during the 30-day period ending on the date on which the probationary period ends, whether the employee—

(A)

has demonstrated successful performance; and

(B)

should continue past the probationary period.

(2)

Limitation on employment after probationary period

(A)

In general

Except as provided in subparagraph (B), no employee of the Department serving a probationary period as described in paragraph (1) may complete that probationary period unless and until the supervisor of the employee, or another supervisor capable of making the requisite determination, has made an affirmative determination under such paragraph.

(B)

Probationary period deemed completed

(i)

No determination

If no determination under paragraph (1) is made with respect to an employee before the end of the 60-day period following the end of the 30-day period specified in such paragraph, the employee shall be deemed to have completed the probationary period of the employee effective as of the end of that 60-day period.

(ii)

Retroactive effect of determination

If an affirmative determination under paragraph (1) is made with respect to an employee after the end of the 30-day period specified in such paragraph, the employee shall be deemed to have completed the probationary period of the employee effective as of the end of that 30-day period.

(3)

Notification to Congress regarding determinations

Not less frequently than monthly, the Secretary shall notify the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives regarding—

(A)

each instance during such month in which a supervisor did not make a determination required under paragraph (1) during the period required in such paragraph; and

(B)

each such instance included in a previous notification under this paragraph for which the supervisor still has not made such a determination.

(b)

Supervisors

With respect to any employee of the Department who is serving a probationary period in a supervisory position at the Department, successful performance under subsection (a) shall include demonstrating management competencies in addition to the technical skills required for such position.

(c)

Performance plan

Each annual performance plan conducted for a supervisor of an employee serving a probationary period shall hold the supervisor accountable for—

(1)

providing regular feedback to such employee during such period before making a determination under subsection (a) regarding the probationary status of such employee; and

(2)

making a timely determination under subsection (a) regarding the probationary status of such employee.

(d)

Supervisor defined

In this section, the term supervisor has the meaning given such term in section 7103(a) of title 5, United States Code.

Accountability of managers for addressing performance of employees

The Secretary of Veterans Affairs shall ensure that, as a part of the annual performance plan of an employee of the Department of Veterans Affairs who is a manager, the manager is evaluated on the following:

(1)

Taking action to address poor performance and misconduct among the employees that report to the manager.

(2)

Taking steps to improve or sustain high levels of employee engagement.

Written opinion on certain employment restrictions after terminating employment with the Department of Veterans Affairs

(a)

In general

Subchapter I of chapter 7 of title 38, United States Code, is further amended by adding at the end the following new section:

717.

Written opinion on certain employment restrictions after terminating employment with the Department

(a)

In general

Before terminating employment with the Department, 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 $10,000,000 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 employment.

(b)

Covered contractor defined

In this section, the term covered contractor means a contractor carrying out a contract entered into with the Department, including pursuant to a subcontract.

(b)

Clerical amendment

The table of sections at the beginning of chapter 7 of such title is further amended by inserting after the item relating to section 715 the following new item:

717. Written opinion on certain employment restrictions after leaving the Department.

Requirement for contractors of the Department employing certain recently separated Department employees

(a)

In general

Subchapter II of chapter 81 of title 38, United States Code, is amended by adding at the end the following new section:

8129.

Requirement for contractors employing certain recently separated Department employees

(a)

In general

A covered contractor may not knowingly provide compensation to an individual described in subsection (b) 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—

(1)

has obtained the written opinion required under section 717(a) of this title; or

(2)

has requested such written opinion not later than 30 days before receiving compensation from the covered contractor.

(b)

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 $10,000,000.

(c)

Covered contractor defined

In this section, the term covered contractor means a contractor carrying out a contract entered into with the Department, including pursuant to a subcontract.

(b)

Application

The requirement under section 8129(a) of title 38, United States Code, as added by subsection (a), 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 Act.

(c)

Clerical amendment

The table of sections at the beginning of chapter 81 of such title is amended by inserting after the item relating to section 8128 the following new item:

8129. Requirement for contractors employing certain recently separated Department employees.

Passed the Senate May 25, 2017.

Julie E. Adams,

Secretary