[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2013 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2013

 To amend title 38, United States Code, to provide for the removal of 
   Senior Executive Service employees of the Department of Veterans 
            Affairs for performance, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2014

   Mr. Rubio introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to provide for the removal of 
   Senior Executive Service employees of the Department of Veterans 
            Affairs for performance, 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 ``Department of Veterans Affairs 
Management Accountability Act of 2014''.

SEC. 2. REMOVAL OF SENIOR EXECUTIVE SERVICE EMPLOYEES OF THE DEPARTMENT 
              OF VETERANS AFFAIRS FOR PERFORMANCE.

    (a) 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: removal based on performance
    ``(a) In General.--(1) Notwithstanding subchapter V of chapter 35 
of title 5, subchapter V of chapter 75 of title 5, or any other 
provision of law, the Secretary may remove any individual who is an 
employee of the Department from a Senior Executive Service position (as 
defined in section 3132(a) of title 5) if the Secretary determines the 
performance of the individual warrants such removal.
    ``(2) If the Secretary so removes such an individual, the Secretary 
may--
            ``(A) remove the individual from the civil service (as 
        defined in section 2101 of title 5); or
            ``(B) appoint the individual to a General Schedule position 
        at any grade of the General Schedule the Secretary determines 
        appropriate.
    ``(b) Notice to Congress.--Not later than 30 days after removing an 
individual from the Senior Executive Service under subsection (a), the 
Secretary shall submit to the Committee on Veterans' Affairs of the 
Senate and the Committee on Veterans' Affairs of the House of 
Representatives notice in writing of such removal and the reason for 
such removal.
    ``(c) Manner of Removal.--A removal under this section shall be 
done in the same manner as the removal of a professional staff member 
employed by a Member of Congress.''.
    (b) 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: removal based on performance.''.
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