S. 3196

119 S3196 IS: Right to Representation for Department of Veterans Affairs Workers Act of 2025
 U.S. Senate
 2025-11-18
 text/xml
 EN
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 II  119th CONGRESS  1st Session  S. 3196  IN THE SENATE OF THE UNITED STATES   November 18, 2025   Mr. Blumenthal  (for himself,  Mr. Van Hollen ,  Mr.
  Markey ,  Ms. Hirono ,  Mr. King ,  Ms.
  Alsobrooks ,  Mr. Padilla ,
  Ms. Cortez Masto ,  Ms. Duckworth , and  Mr.
  Sanders ) introduced the following bill; which was read twice and
  referred to the  Committee on Veterans'
  Affairs    A BILL
To amend title 38, United States Code, to require the Secretary of Veterans
  Affairs to give employees of the Department of Veterans Affairs opportunities to be
  represented by the representatives of their choices in examinations of the employees in
  connection with examinations that may result in disciplinary action, and for other
 purposes.
1.
Short title
This Act may be cited as the   Right to Representation for Department of Veterans Affairs Workers Act of 2025  .
2.
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.
  .