Right to representation for employees of Department of Veterans Affairs

(a) In general Subchapter I of chapter 7 of title 38, United States Code, is amended by inserting after section 707 the following new section: 708. Employee right to representation (a) In general The Secretary shall give to each covered employee an opportunity to be represented by a representative of their choice, on duty time if applicable, of the covered employee at any examination of such covered employee in connection with an examination carried out by the Secretary if— (1) the covered employee believes that the examination may result in disciplinary action against the covered employee; and (2) the covered employee requests the representation. (b) Definitions In this section: (1) The term covered employee means an individual occupying a position at the Department, but does not include— (A) an individual occupying a senior executive position (as defined in section 713(d) of this title); (B) an individual appointed pursuant to sections 7306, 7401(4), or 7405 of this title; or (C) a political appointee. (2) The term political appointee has the meaning given such term in section 714(h) of this title.. (b) Clerical amendment The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 707 the following new item: 708. Employee right to representation..