Chapter 7, Subchapter I, Section 714, Subsection (e) · 38 U.S.C. Chapter 7

Contents

(e)

(1)In the case of a covered individual seeking corrective action (or on behalf of whom corrective action is sought) from the Office of Special Counsel based on an alleged prohibited personnel practice described in section 2302(b) of title 5, the Secretary may not remove, demote, or suspend such covered individual under subsection (a) without the approval of the Special Counsel under section 1214(f) of title 5.

(2)In the case of a covered individual who has made a whistleblower disclosure to the Assistant Secretary for Accountability and Whistleblower Protection, the Secretary may not remove, demote, or suspend such covered individual under subsection (a) until—

(A)in the case in which the Assistant Secretary determines to refer the whistleblower disclosure under section 323(c)(1)(D) of this title to an office or other investigative entity, a final decision with respect to the whistleblower disclosure has been made by such office or other investigative entity; or

(B)in the case in which the Assistant Secretary determines not to refer the whistleblower disclosure under such section, the Assistant Secretary makes such determination.

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Defined terms · 20

Show every defined term

appropriate committees of Congress
means the Committees on Veterans’ Affairs and Appropriations of the Senate and House of Representatives.
career appointee
has the meaning given that term in section 3132(a) of title 5.
covered individual
means an individual occupying a position at the Department, but does not include—
covered service
means, with respect to an individual subject to a removal for performance or misconduct under section 719 or 7461 of this title or any other provision of law, the period of service beginning on the date that the Secretary determines under such applicable provision that the individual engaged in activity that gave rise to such action and ending on the date that the individual is removed from or leaves a position of employment at the Department prior to the issuance of a final decision with respect to such action.
Department participant
means an employee of the Veterans Benefits Administration or the Veterans Health Administration who is participating in the fellowship under this section.
employee
means any employee regardless of the authority under which the employee was hired.
grade
has the meaning given such term in section 7511(a) of title 5.
lump-sum credit
has the meaning given such term in section 8331(8) or section 8401(19) of title 5, as the case may be.
misconduct
includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.
misuse
means—
open burn pit
has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260;
political appointee
means an individual who is—
private-sector entity
includes an entity operating under a public-private partnership.
private-sector participant
means an employee of a private-sector entity who is participating in the fellowship under this section.
senior executive
means—
senior executive position
has the meaning given such term in section 713(d) of this title.
Senior Executive Service position
has the meaning given such term in section 3132(a) of title 5.
service
has the meaning given such term in section 8331(12) or section 8401(26) of title 5, as the case may be.
suspend
means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay for a period in excess of 14 days.
whistleblower disclosure
has the meaning given such term in section 323(g) of this title.