Expedited procedures for employee accountability actions

(a) Modification of disciplinary procedures for department of veterans affairs employees Section 714 of title 38, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting by substantial evidence after the Secretary determines; and (B) by adding at the end the following new paragraph: (3) (A) 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: (i) 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. (ii) The covered individual’s job level and type of employment, including supervisory or fiduciary role, and prominence of the position. (iii) The covered individual’s past disciplinary record. (iv) The covered individual’s past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability. (v) 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. (B) The Secretary shall review the initial decision and uphold such decision if it is supported by substantial evidence.; (2) in subsection (c)— (A) by striking paragraph (1)(D); and (B) 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; (3) in subsection (d)— (A) in paragraph (2), by adding at the end the following new subparagraph: (C) 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.; (B) in paragraph (3), by adding at the end the following new subparagraph: (D) 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.; (C) in paragraph (5), by adding at the end the following new subparagraph: (C) 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 (D) by striking paragraph (10); and (4) by redesignating subsection (h) as subsection (j). (b) Timing of disciplinary actions Section 714 of title 38, United States Code, is further amended by inserting after subsection (a) (as amended by subsection (a) of this section) the following new subsection: (b) Timing (1) The aggregate period for notice, response, and final decision by the Secretary of an action under this section may not exceed 15 business days. (2) The period for the response of a covered individual to a notice under subsection (a)(2)(A) shall be 7 business days. (3) The final decision by the Secretary under subsection (a)(1)(B) shall— (A) be issued not later than 15 business days after notice is provided under subsection (a)(2)(A); and (B) be in writing and shall include the specific reasons for the decision..