S.Amdt. 1607

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.''.
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