Sec. 4. Modification of disciplinary procedures for employees of the Department of Veterans Affairs
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Section 714 of title 38, United States Code, is amended— in subsection (a)— in paragraph (1), by inserting by substantial evidence after the Secretary determines ; and by adding at the end the following: When making an initial decision under this subsection with respect to determining whether a covered individual should be removed, demoted, or suspended, the deciding employee of the Department shall exclusively apply the following factors: The nature and seriousness of the offense, and its relation to the covered individual’s duties, position, and responsibilities, including whether the offense was intentional or technical or inadvertent, or was committed maliciously or for gain, or was frequently repeated.
The covered individual’s job level and type of employment, including supervisory or fiduciary role, and prominence of the position. The covered individual’s past disciplinary record. The covered individual’s past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability. Mitigating circumstances surrounding the offense such as unusual job tensions, personality problems, mental impairment, harassment, or bad faith, malice, or provocation on the part of others involved in the matter.
The Secretary shall review the initial decision and uphold such decision if it is supported by substantial evidence. ; in subsection (c)— by striking paragraph (1)(D); and in paragraph (3), by inserting before the period the following: , and the Secretary may carry out such a removal, demotion, or suspension without first placing a covered individual on a performance improvement plan ; in subsection (d)— in paragraph (2), by adding at the end the following: Except to the extent that an appeal under this subsection presents a constitutional issue, the administrative judge may not review a challenge to the penalty imposed against the covered individual. ; in paragraph (3), by adding at the end the following:
Except to the extent that an appeal under this subsection presents a constitutional issue, the Merit Systems Protection Board may not review a challenge to the penalty imposed against the covered individual. ; in paragraph (5), by adding at the end the following: Except to the extent that an appeal under this subsection presents a constitutional issue, such Court may not review a challenge to the penalty imposed against the covered individual or mitigate such penalty. ; and by striking paragraph (10); by redesignating subsection
(h)as subsection (j); by inserting after subsection
(g)the following: The procedures in this section shall supersede any collective bargaining agreement to the extent that such agreement is inconsistent with such procedures. This section shall apply to any performance or misconduct of a covered individual beginning on the date of the enactment of the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017 ( Public Law 115–41 ). ; and in paragraph
(1)of subsection (j), as redesignated by paragraph (4)— in the matter before subparagraph (A), by inserting including individuals appointed pursuant to this title, title 5, and hybrid employees appointed pursuant to section 7401 of this title, after Department, ; in subparagraph (D), by striking the period and inserting ; or ; and by adding after subparagraph
(D)the following: a supervisor or management official as defined in section 7103(a) of title 5. . Section 7403(f)(3) of such title is amended— by striking Notwithstanding any other provision of this title or other law, and inserting
(A)Notwithstanding any other provision of this title or other law, and consistent with subparagraph (B), ; and by adding at the end the following: With respect to any covered individual (as that term is defined in section 712 or 714) appointed to such positions, such matters shall be resolved, at Secretary’s sole discretion, under— section 712; section 714; or title 5 as though such individuals had been appointed under that title. .
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Sec. 4
Modification of disciplinary procedures for employees of the Department of Veterans Affairs
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