[Page S1092]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2748. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 1982, to improve the provision of medical services 
and benefits to veterans, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 367, after line 14, add the following:

     SEC. 918. REMOVAL OF SENIOR EXECUTIVE SERVICE EMPLOYEES OF 
                   THE DEPARTMENT OF VETERANS AFFAIRS FOR 
                   PERFORMANCE.

       (a) In General.--Chapter 7 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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