[Congressional Record Volume 161, Number 88 (Wednesday, June 3, 2015)]
[Senate]
[Page S3726]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1607. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to 
authorize appropriations for fiscal year 2016 for military activities 
of the Department of Defense and for military construction, to 
prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. EXPANSION OF AUTHORITY OF SECRETARY OF VETERANS 
                   AFFAIRS TO REMOVE SENIOR EXECUTIVES OF 
                   DEPARTMENT OF VETERANS AFFAIRS FOR PERFORMANCE 
                   OR MISCONDUCT TO INCLUDE CERTAIN OTHER 
                   EMPLOYEES OF THE DEPARTMENT.

       (a) In General.--Section 713 of title 38, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in the matter before subparagraph (A), in the first 
     sentence, by striking ``senior executive position'' both 
     places it appears and inserting ``covered position''; and
       (ii) in subparagraph (B), by striking ``in paragraph (2)'' 
     and inserting ``in paragraph (3) employed in a senior 
     executive position at the Department'';
       (B) by redesignating paragraph (2) as paragraph (3); and
       (C) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) For purposes of this section, a covered position is--
       ``(A) a senior executive position; or
       ``(B) a position listed in section 7401 of this title that 
     is not a senior executive position.'';
       (2) in subsection (b), by striking ``under subsection 
     (a)(2)'' and inserting ``under subsection (a)(1)(B)'';
       (3) in subsection (c), by striking ``senior executive 
     position'' and inserting ``covered position'';
       (4) in subsection (d)(1), by striking ``The procedures 
     under section 7543(b) of title 5'' and inserting ``Sections 
     7461(b) and 7462 of this title and sections 7503, 7513, and 
     7543(b) of title 5''; and
       (5) in subsection (g)(1)--
       (A) in subparagraph (A), by striking ``or'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following new subparagraph:
       ``(C) an employee of the Department employed on a full-time 
     basis under a permanent appointment in a position listed in 
     section 7401 of this title (other than interns and residents 
     appointed pursuant to section 7406 of this title) who is not 
     in a senior executive position.''.
       (b) Conforming Amendments.--Subchapter V of chapter 74 of 
     such title is amended--
       (1) in section 7461(b)(1), by striking ``If the'' and 
     inserting ``Except as provided in sections 713 of this title, 
     if the''; and
       (2) in section 7462--
       (A) in subsection (a)(1), by striking ``Disciplinary'' and 
     inserting ``Except as provided in section 713 of this title, 
     the Disciplinary''; and
       (B) in subsection (b)(1), by striking ``In any case'' and 
     inserting ``Except as provided in section 713 of this title, 
     in any case''.
       (c) Technical Corrections.--Section 713 of such title is 
     amended--
       (1) in subsection (a)(1), in the first sentence, by 
     striking ``of Veterans Affairs''; and
       (2) in subsection (c), by striking ``Committees on 
     Veterans' Affairs of the Senate and House of 
     Representatives'' and inserting ``Committee on Veterans' 
     Affairs of the Senate and the Committee on Veterans' Affairs 
     of the House of Representatives''.
       (d) Clerical Amendment.--
       (1) Section heading.--The heading for section 713 of such 
     title is amended by striking ``Senior executives: removal 
     based on performance or misconduct'' and inserting ``Removal 
     of senior executives and certain other employees based on 
     performance or misconduct''.
       (2) Table of sections.--The table of sections at the 
     beginning of chapter 7 of such title is amended by striking 
     the item relating to section 713 and inserting the following 
     new item:

``713. Removal of senior executives and certain other employees based 
              on performance or misconduct.''.
                                 ______