S. 1094 — what changed
Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017
From Introduced in Senate to Reported in Senate. 1 section amended between Introduced in Senate and Reported in Senate.
Sec. 208 Time periods for review of adverse actions with respect to certain employees
changed
Physicians, dentists, podiatrists, chiropractors, optometrists, registered nurses, physician assistants, and expanded-Function expanded-function dental auxiliaries— Paragraph (2) of section 7461(b) of title 38, United States Code, is amended to read as follows:
“(2) In any case other than a case described in paragraph (1) that involves or includes a question of professional conduct or competence in which a major adverse action was not taken, such an appeal shall be made through Department grievance procedures under section 7463 of this title.”
Major adverse actions involving professional conduct or competence— Section 7462(b) of such title is amended—
in paragraph (1)—
in the matter preceding subparagraph (A), by inserting “, within the aggregate time period specified in paragraph (5)(A),” after “is entitled”;
in subparagraph (A)—
by striking “At least 30 days advance written notice” and inserting “Advance written notice”;
by striking “and a statement” and inserting “a statement”; and
by inserting “and a file containing all the evidence in support of each charge,” after “with respect to each charge,”; and
in subparagraph (B), by striking “A reasonable time, but not less than seven days” and inserting “The opportunity, within the time period provided for in paragraph (4)(A)”;
by striking paragraph (3) and inserting the following new paragraph (3):
“(3) After considering the employee's answer, if any, and within the time period provided for in paragraph (5)(B), the deciding official shall render a decision on the charges. The decision shall be in writing and shall include the specific reasons therefor.”
in paragraph (4)—
by striking subparagraph (A) and inserting the following new subparagraph (A):
“(A) The period for the response of an employee under paragraph (1)(B) to advance written under paragraph (1)(A) shall be seven business days.”
in subparagraph (B), by striking “30 days” and inserting “seven business days”; and
by adding at the end the following new paragraphs:
“(5)
“(A) The aggregate period for the resolution of charges against an employee under this subsection may not exceed 15 business days.
“(B) The deciding official shall render a decision under paragraph (3) on charges under this subsection not later than 15 business days after the Under Secretary provides notice on the charges for purposes of paragraph (1)(A).
“(6) The procedures in this subsection shall supersede any collective bargaining agreement to the extent that such agreement is inconsistent with such procedures.”
Other adverse actions— Section 7463(c) of such title is amended—
in paragraph (1), by striking “the same notice and opportunity to answer with respect to those charges as provided in subparagraphs (A) and (B) of section 7462(b)(1) of this title” and inserting “notice and an opportunity to answer with respect to those charges in accordance with subparagraphs (A) and (B) of section 7462(b)(1) of this title, but within the time periods specified in paragraph (3)”;
in paragraph (2)—
in the matter preceding subparagraph (A), by inserting “, within the aggregate time period specified in paragraph (3)(A),” after “is entitled”;
in subparagraph (A), by striking “an advance written notice” and inserting “written notice”; and
in subparagraph (B), by striking “a reasonable time” and inserting “time to answer”; and
by adding at the end the following new paragraph (3):
“(3)
“(A) The aggregate period for the resolution of charges against an employee under paragraph (1) or (2) may not exceed 15 business days.
“(B) The period for the response of an employee under paragraph (1) or (2)(B) to written notice of charges under paragraph (1) or (2)(A), as applicable, shall be seven business days.
“(C) The deciding official shall render a decision on charges under paragraph (1) or (2) not later than 15 business days after notice is provided on the charges for purposes of paragraph (1) or (2)(A), as applicable.”