Senior executives: modification of procedures to remove, demote, or suspend based on performance or misconduct

Section 713 of title 38, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting by substantial evidence after determines; and (B) by adding at the end the following new paragraphs: (3) When making an initial decision under this subsection with respect to determining whether a covered individual should be reprimanded or suspended, involuntarily reassigned, demoted, or removed, the deciding employee of the Department shall exclusively apply the following factors: (A) 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. (B) The covered individual’s job level and type of employment, including supervisory or fiduciary role, and prominence of the position. (4) The Secretary shall review the initial decision and uphold such decision if it is supported by substantial evidence.; (2) in subsection (b)— (A) in paragraph (3), by inserting after the final decision after 21 days; and (B) by adding at the end the following: (7) 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 (3) by redesignating subsection (d) as subsection (e); and (4) by inserting after subsection (c) the following new subsection (d): (d) Application This section shall apply to any misconduct or performance 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)..