[House Report 115-249]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-249
======================================================================
DEPARTMENT OF VETERANS AFFAIRS BONUS TRANSPARENCY ACT
_______
July 24, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Roe of Tennessee, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany H.R. 1690]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 1690) 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, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Subcommittee Consideration....................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
Statement of General Performance Goals and Objectives............ 4
Earmarks and Tax and Tariff Benefits............................. 4
Committee Cost Estimate.......................................... 4
Budget Authority and Congressional Budget Office Estimate........ 5
Federal Mandates Statement....................................... 5
Advisory Committee Statement..................................... 6
Constitutional Authority Statement............................... 6
Applicability to Legislative Branch.............................. 6
Statement on Duplication of Federal Programs..................... 6
Disclosure of Directed Rulemaking................................ 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans Affairs Bonus
Transparency Act''.
SEC. 2. ANNUAL REPORT ON PERFORMANCE AWARDS AND BONUSES AWARDED TO
CERTAIN HIGH-LEVEL EMPLOYEES OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Chapter 7 of title 38, United States Code, is
amended by inserting after section 717 the following new section:
``Sec. 718. Annual report on performance awards and bonuses awarded to
certain high-level employees
``(a) In General.--Not later than 120 days after the end of each
fiscal year, the Secretary shall submit to the appropriate committees
of Congress a report that contains, for the most recent fiscal year
ending before the submittal of the report, a description of the
performance awards and bonuses awarded to Regional Office Directors of
the Department, Directors of Medical Centers of the Department,
Directors of Veterans Integrated Service Networks, and any other
individual employed in a senior executive position.
``(b) Elements.--Each report submitted under subsection (a) shall
include the following with respect to each performance award or bonus
awarded to an individual described in such subsection:
``(1) The amount of each award or bonus.
``(2) The job title of the individual awarded the award or
bonus.
``(3) The location where the individual awarded the award or
bonus works.
``(c)Definitions.--In this section:
``(1) The term `appropriate committees of Congress' means--
``(A) the Committee on Veterans' Affairs and the
Committee on Appropriations of the Senate; and
``(B) the Committee on Veterans' Affairs and the
Committee on Appropriations of the House of
Representatives.
``(2) The term `individual' means--
``(A) a career appointee (as that term is defined in
section 3132(a)(4) of title 5); or
``(B) any individual who occupies an administrative
or executive position and who was appointed under
section 7306(a) or section 7401(1) of this title.
``(3) The term `senior executive position' means--
``(A) with respect to a career appointee (as that
term is defined in section 3132(a)(4) of title 5), a
Senior Executive Service position (as such term is
defined in section 3132(a)(2) of title 5); and
``(B) with respect to an individual appointed under
section 7306(a) or section 7401(1) of this title, an
administrative or executive position.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is amended by inserting after the item relating
to section 717 the following new item:
``718. Annual report on performance awards and bonuses awarded to
certain high-level employees.''.
Purpose and Summary
H.R. 1690, ``The Department of Veterans Affairs Bonus
Transparency Act,'' was introduced Representative Claudia
Tenney of New York on March 22, 2017. H.R. 1690, as amended,
would require the Department of Veterans Affairs (VA) to submit
an annual report to specified committees of Congress on the
performance awards and bonuses presented to Senior Executive
Service (SES) employees.
Background and Need for Legislation
Section 1. Short title
This section would cite the short title of this bill to be
the ``Department of Veterans Affairs Bonus Transparency Act''.
Section 2. Annual report on performance awards and bonuses awarded to
certain high-level employees of the Department of Veterans
Affairs
For several years there has been an increased focus on the
performance awards and bonuses provided to SES employees at VA.
While the Committee believes that such awards should certainly
be given to top performers, there have been several instances
in the past several years where awards have been given to
members of the SES who have clearly not performed to the level
that would merit a performance award. The Committee believes
that the American people deserve a level of transparency on
such bonuses that in some cases have topped $30,000. While the
Committee has received copies of performance reviews and awards
in the past, VA has only provided this information after a long
and protracted delay of several months.
This section, therefore, would require VA, within 120 days
after the end of each fiscal year, to provide to the U.S. House
and Senate Committees on Veterans' Affairs and the U.S. House
and Senate Committees on Appropriations a report summarizing
the performance reviews and bonuses provided to VA Regional
Office Directors, VA Medical Centers Directors, Veterans
Integrated Service Network Directors, and any other individual
employed in a SES position. The Committee believes such a
requirement will bring needed transparency to the SES bonus
process while not stifling the award of performance awards to
top performers.
Hearings
On June, 29 2017, the Subcommittee on Economic Opportunity
held a legislative hearing on several bills pending before the
Subcommittee including H.R. 1690. The following witnesses
testified:
The Honorable Elise Stefanik, U.S. House of
Representatives, 21st district of New York; The
Honorable Robert Wittman, U.S House of Representatives,
1st district of Virginia; The Honorable Claudia Tenney,
U.S. House of Representatives, 22nd district of New
York; The Honorable David Cicilline, U.S. House of
Representatives, 1st district of Rhode Island; The
Honorable Scott Taylor, U.S. House of Representatives,
2nd district of Virginia; Mr. Curtis L. Coy, Deputy
Under Secretary for Economic Opportunity, Veterans
Benefits Administration, U.S. Department of Veterans
Affairs, who was accompanied by Ms. Tia Butler,
Executive Director, Corporate Senior Executive
Management Office, Human Resources and Administration,
U.S. Department of Veterans Affairs and Mr. Jeffrey
London, Director, Loan Guaranty Service, Veterans
Benefits Administration, U.S. Department of Veterans
Affairs; Maj. Gen. Jeffrey E. Phillips, USAR (Ret.),
Executive Director, Reserve Officers Association; and
Mr. Gabriel Stultz, Legislative Counsel, Paralyzed
Veterans of America.
The following organizations submitted statements for
the record: U.S. Department of Defense and U.S. Chamber
of Commerce.
Subcommittee Consideration
On July 12, 2017 the Subcommittee on Economic Opportunity
met in an open markup session, a quorum being present, and
ordered H.R. 1690, as amended, favorably forwarded to the full
Committee by voice vote. During consideration of the bill, the
following amendment was considered:
An amendment offered by Ranking Member Beto O'Rourke
of Texas that would change the time after the end of
the fiscal year that VA would have to report on
performance awards from 30 days to 120 days. The
amendment was agreed to by voice vote.
A motion by Ranking Member Beto O'Rourke of Texas to
forward H.R. 1690, as amended, favorably to the full Committee
was agreed to by voice vote.
Committee Consideration
On July 19, 2017, the full Committee met in open markup
session, a quorum being present, and ordered H.R. 1690, as
amended, be reported favorably to the House of Representatives
by voice vote.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, no recorded votes were taken on
amendments or in connection with ordering H.R. 1690, as
amended, reported to the House.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives of H.R. 1690, as amended, are to provide
improve transparency of bonuses provided to members of the SES
at VA.
Earmarks and Tax and Tariff Benefits
H.R. 1690, as amended, does not contain any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Committee Cost Estimate
The Committee adopts as its own the cost estimate on H.R.
1690, as amended, prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Budget Authority and Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
for H.R. 1690, as amended, provided by the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 21, 2017.
Hon. Phil Roe, M.D.,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1690, the
Department of Veterans Affairs Bonus Transparency Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Dwayne M.
Wright.
Sincerely,
Mark P. Hadley
(For Keith Hall, Director).
Enclosure.
H.R. 1690--Department of Veterans Affairs Bonus Transparency Act
H.R. 1690 would require the Department of Veterans Affairs
(VA) to submit annual reports to the Congress detailing
information on performance awards and bonuses paid to certain
high-level executives of the agency, including Regional Office
Directors, Directors of Medical Centers, Directors of Veterans
Integrated Service Networks, and all other senior executive
positions (that is, the Senior Executive Service and other
administrators or executive positions). VA would be required to
provide the amount of each award as well as the job title and
work location of the person receiving such an award.
On the basis of information from VA regarding reports of a
similar nature, CBO estimates that implementing H.R. 1690 would
cost less than $500,000 over the 2017-2022 period, subject to
the availability of appropriated funds.
Enacting H.R. 1690 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 1690 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 1690 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Dwayne M.
Wright. The estimate was approved by H. Samuel Papenfuss,
Deputy Assistant Director of Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 1690, as amended, prepared by the
Director of the Congressional Budget Office pursuant to section
423 of the Unfunded Mandates Reform Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
1690, as amended.
Constitutional Authority Statement
Pursuant to Article I, section 8 of the United States
Constitution, H.R. 1690, as amended, is authorized by Congress'
power to ``provide for the common Defense and general Welfare
of the United States.''
Applicability to Legislative Branch
The Committee finds that H.R. 1690, as amended, does not
relate to the terms and conditions of employment or access to
public services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Statement on Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 1690, as amended, establishes or reauthorizes a program
of the Federal Government known to be duplicative of another
Federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Disclosure of Directed Rulemaking
Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017),
H.R. 1690, as amended, would not prescribe the Secretary to
create any new regulations.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section cites the short title of this bill to be,
``Department of Veterans Affairs Bonus Transparency Act.''
Section 2. Annual report on performance awards and bonuses awarded to
certain high-level employees of the Department of Veterans
Affairs
This section would amend chapter 7 of title 38, U.S.C. to
create the following new section: ``Sec. 718. Annual report on
performance awards and bonuses awarded to certain high-level
employees''.
Subsection (a) of the new section 718 would require that
the Secretary of VA, within 120 days of the end of each fiscal
year, to provide a report to the appropriate committees of
Congress on the performance awards and bonuses provided to
members of the SES.
Subsection (b) of the new section 718 would require the
report required by subsection (a) to include information
regarding: (1) the amount of the bonus provided, (2) the job
title of the individual awarded such a bonus, (3) and the
location of the employee who received such an award.
Subsection (c) of the new section 718 would define certain
terms used in this section. Subsection (c)(1) defines
appropriate committees as the House and Senate Committee on
Veterans' Affairs and the House and Senate Committees on
Appropriations. Subsection (c)(2) defines the term
``individual'' to mean any career employees as defined by
section 3132(a)(4) of title 5, U.S.C. or someone who was
appointed under section 7306(a) or section 7401(a) of title 38,
U.S.C. Subsection (c)(3) defines the term ``senior executive
position'' as defined by the definition of a career employee by
section 3132(a)(4) of title 5, U.S.C. The term ``senior
executive'' defined by section 3132(a)(2) of title 5, U.S.C.
For ``individuals appointed under title 38 U.S.C.'' the term is
defined by section 7306(a) or 7401(a) of title 38 U.S.C.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART I--GENERAL PROVISIONS
* * * * * * *
CHAPTER 7--EMPLOYEES
SUBCHAPTER I--GENERAL EMPLOYEE MATTERS
Sec.
701. Placement of employees in military installations.
* * * * * * *
718. Annual report on performance awards and bonuses awarded to certain
high-level employees.
* * * * * * *
SUBCHAPTER I--GENERAL EMPLOYEE MATTERS
* * * * * * *
Sec. 718. Annual report on performance awards and bonuses awarded to
certain high-level employees
(a) In General.--Not later than 120 days after the end of
each fiscal year, the Secretary shall submit to the appropriate
committees of Congress a report that contains, for the most
recent fiscal year ending before the submittal of the report, a
description of the performance awards and bonuses awarded to
Regional Office Directors of the Department, Directors of
Medical Centers of the Department, Directors of Veterans
Integrated Service Networks, and any other individual employed
in a senior executive position.
(b) Elements.--Each report submitted under subsection (a)
shall include the following with respect to each performance
award or bonus awarded to an individual described in such
subsection:
(1) The amount of each award or bonus.
(2) The job title of the individual awarded the award
or bonus.
(3) The location where the individual awarded the
award or bonus works.
(c) Definitions.--In this section:
(1) The term ``appropriate committees of Congress''
means--
(A) the Committee on Veterans' Affairs and
the Committee on Appropriations of the Senate;
and
(B) the Committee on Veterans' Affairs and
the Committee on Appropriations of the House of
Representatives.
(2) The term ``individual'' means--
(A) a career appointee (as that term is
defined in section 3132(a)(4) of title 5); or
(B) any individual who occupies an
administrative or executive position and who
was appointed under section 7306(a) or section
7401(1) of this title.
(3) The term ``senior executive position'' means--
(A) with respect to a career appointee (as
that term is defined in section 3132(a)(4) of
title 5), a Senior Executive Service position
(as such term is defined in section 3132(a)(2)
of title 5); and
(B) with respect to an individual appointed
under section 7306(a) or section 7401(1) of
this title, an administrative or executive
position.
* * * * * * *
[all]