I 

114TH CONGRESS 

1ST SESSION H. R. 2047 

To amend title 38, United States Code, to expand the authority of the 

Secretary of Veterans Affairs to remove senior executives of the Department of Veterans Affairs for performance or misconduct to include removal of certain other employees of the Department, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2015 

Mr. DUFFY introduced the following bill; which was referred to the Committee 

on Veterans’ Affairs, and in addition to the Committee on Oversight and 

Government Reform, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To amend title 38, United States Code, to expand the authority of the Secretary of Veterans Affairs to remove 

senior executives of the Department of Veterans Affairs 

for performance or misconduct to include removal of 

certain other employees of the Department, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Ensuring Veteran 

3 Safety Through Accountability Act of 2015’’. 

4 SEC. 2. EXPANSION OF AUTHORITY OF SECRETARY OF VET5 ERANS AFFAIRS TO REMOVE SENIOR EXECU6 TIVES OF DEPARTMENT OF VETERANS AF7 FAIRS FOR PERFORMANCE OR MISCONDUCT 

8 TO INCLUDE CERTAIN OTHER EMPLOYEES 

9 OF THE DEPARTMENT. 

10 (a) IN GENERAL.—Section 713 of title 38, United 

11 States Code, is amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (1)— 

14 (i) in the matter before subparagraph 

15 (A), in the first sentence, by striking ‘‘sen16 ior executive position’’ both places it ap17 pears and inserting ‘‘covered position’’; 

18 and 

19 (ii) in subparagraph (B), by striking 

20 ‘‘in paragraph (2)’’ and inserting ‘‘in para21 graph (3) employed in a senior executive 

22 position at the Department’’; 

23 (B) by redesignating paragraph (2) as 

24 paragraph (3); and 

25 (C) by inserting after paragraph (1) the 

26 following new paragraph (2): 


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1 ‘‘(2) For purposes of this section, a covered position 

2 is— 

3 ‘‘(A) a senior executive position; or 

4 ‘‘(B) a position listed in section 7401 of this 

5 title that is not a senior executive position.’’; 

6 (2) in subsection (b), by striking ‘‘under sub7 section (a)(2)’’ and inserting ‘‘under subsection 

8 (a)(1)(B)’’; 

9 (3) in subsection (c), by striking ‘‘senior execu10 tive position’’ and inserting ‘‘covered position’’; 

11 (4) in subsection (d)(1), by striking ‘‘The pro12 cedures under section 7543(b) of title 5’’ and insert13 ing ‘‘Sections 7461(b) and 7462 of this title and 

14 sections 7503, 7513, and 7543(b) of title 5’’; and 

15 (5) in subsection (g)(1)— 

16 (A) in subparagraph (A), by striking ‘‘or’’ 

17 at the end; 

18 (B) in subparagraph (B), by striking the 

19 period at the end and inserting ‘‘; or’’; and 

20 (C) by adding at the end the following new 

21 subparagraph: 

22 ‘‘(C) an employee of the Department em23 ployed on a full-time basis under a permanent 

24 appointment in a position listed in section 7401 

25 of this title (other than interns and residents 


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1 appointed pursuant to section 7406 of this title) 

2 who is not in a senior executive position.’’. 

3 (b) CONFORMING AMENDMENTS.—Subchapter V of 

4 chapter 74 of such title is amended— 

5 (1) in section 7461(b)(1), by striking ‘‘If the’’ 

6 and inserting ‘‘Except as provided in sections 713 of 

7 this title, if the’’; and 

8 (2) in section 7462— 

9 (A) in subsection (a)(1), by striking ‘‘Dis10 ciplinary’’ and inserting ‘‘Except as provided in 

11 section 713 of this title, the Disciplinary’’; and 

12 (B) in subsection (b)(1), by striking ‘‘In 

13 any case’’ and inserting ‘‘Except as provided in 

14 section 713 of this title, in any case’’. 

15 (c) TECHNICAL CORRECTIONS.—Section 713 of such 

16 title is amended— 

17 (1) in subsection (a)(1), in the first sentence, 

18 by striking ‘‘of Veterans Affairs’’; and 

19 (2) in subsection (c), by striking ‘‘Committees 

20 on Veterans’ Affairs of the Senate and House of 

21 Representatives’’ and inserting ‘‘Committee on Vet22 erans’ Affairs of the Senate and the Committee on 

23 Veterans’ Affairs of the House of Representatives’’. 

24 (d) CLERICAL AMENDMENT.— 


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1 (1) SECTION HEADING.—The heading for sec2 tion 713 of such title is amended by striking ‘‘Sen3 ior executives: removal based on per4 formance or misconduct’’ and inserting ‘‘Re5 moval of senior executives and certain 

6 other employees based on performance or 

7 misconduct’’. 

8 (2) TABLE OF SECTIONS.—The table of sections 

9 at the beginning of chapter 7 of such title is amend10 ed by striking the item relating to section 713 and 

11 inserting the following new item: 

‘‘713. Removal of senior executives and certain other employees based on performance or misconduct.’’. 

Æ 


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