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38 U.S.C. § 713 — Senior executives: removal, demotion, or suspension based on performance or misconduct
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—**
(1) The Secretary may, as provided in this section, reprimand or suspend, involuntarily reassign, demote, or remove a covered individual from a senior executive position at the Department if the Secretary determines that the misconduct or performance of the covered individual warrants such action.
(2) If the Secretary so removes such an individual, the Secretary may remove the individual from the civil service (as defined in [section 2101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2101&num=0&edition=prelim)).
**(b) Rights and Procedures.—**
(1) A covered individual who is the subject of an action under subsection (a) is entitled to—
(A) advance notice of the action and a file containing all evidence in support of the proposed action;
(B) be represented by an attorney or other representative of the covered individual’s choice; and
(C) grieve the action in accordance with an internal grievance process that the Secretary, in consultation with the Assistant Secretary for Accountability and Whistleblower Protection, shall establish for purposes of this subsection.
(2)
(A) The aggregate period for notice, response, and decision on an action under subsection (a) may not exceed 15 business days.
(B) The period for the response of a covered individual to a notice under paragraph (1)(A) of an action under subsection (a) shall be 7 business days.
(C) A decision under this paragraph on an action under subsection (a) shall be issued not later than 15 business days after notice of the action is provided to the covered individual under paragraph (1)(A). The decision shall be in writing, and shall include the specific reasons therefor.
(3) The Secretary shall ensure that the grievance process establ
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Source location: Title 38, Chapter 7, § 713; chapter-007-employees.md
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**(a) Authority.—**
(1) The Secretary may, as provided in this section, reprimand or suspend, involuntarily reassign, demote, or remove a covered individual from a senior executive position at the Department if the Secretary determines that the misconduct or performance of the covered individual warrants such action.
(2) If the Secretary so removes such an individual, the Secretary may remove the individual from the civil service (as defined in [section 2101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2101&num=0&edition=prelim)).
**(b) Rights and Procedures.—**
(1) A covered individual who is the subject of an action under subsection (a) is entitled to—
(A) advance notice of the action and a file containing all evidence in support of the proposed action;
(B) be represented by an attorney or other representative of the covered individual’s choice; and
(C) grieve the action in accordance with an internal grievance process that the Secretary, in consultation with the Assistant Secretary for Accountability and Whistleblower Protection, shall establish for purposes of this subsection.
(2)
(A) The aggregate period for notice, response, and decision on an action under subsection (a) may not exceed 15 business days.
(B) The period for the response of a covered individual to a notice under paragraph (1)(A) of an action under subsection (a) shall be 7 business days.
(C) A decision under this paragraph on an action under subsection (a) shall be issued not later than 15 business days after notice of the action is provided to the covered individual under paragraph (1)(A). The decision shall be in writing, and shall include the specific reasons therefor.
(3) The Secretary shall ensure that the grievance process established under paragraph (1)(C) takes fewer than 21 days.
(4) A decision under paragraph (2) that is not grieved, and a grievance decision under paragraph (3), shall be final and conclusive.
(5) A covered individual adversely affected by a decision under paragraph (2) that is not grieved, or by a grievance decision under paragraph (3), may obtain judicial review of such decision.
(6) In any case in which judicial review is sought under paragraph (5), the court shall review the record and may set aside any Department action found to be—
(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with a provision of law;
(B) obtained without procedures required by a provision of law having been followed; or
(C) unsupported by substantial evidence.
**(c) Relation to Other Provisions of Law.—** [Section 3592(b)(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3592/b/1&num=0&edition=prelim) and the procedures under section 7543(b) of such title do not apply to an action under subsection (a).
**(d) Definitions.—** In this section:
(1) The term “covered individual” means—
(A) a career appointee (as that term is defined in [section 3132(a)(4) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a/4&num=0&edition=prelim)); or
(B) any individual who occupies an administrative or executive position and who was appointed under section 7306(a), section 7401(1), or [section 7401(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401/4&num=0&edition=prelim).
(2) The term “misconduct” includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.
(3) The term “senior executive position” means—
(A) with respect to a career appointee (as that term is defined in [section 3132(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a&num=0&edition=prelim)), a Senior Executive Service position (as such term is defined in such section); and
(B) with respect to a covered individual appointed under section 7306(a) or [section 7401(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401/1&num=0&edition=prelim), an administrative or executive position.
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Federal law — U.S. Code and appendices · legal_authorities
Whenever premiums are not waived under [section 1912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1912&num=0&edition=prelim) solely because the insured died prior to the continuance of total disability for six months, and proof of such facts, satisfactory to the Secretary, is filed by the beneficiary with the Department within one year after the insured’s death, the insurance shall be deemed to be in force at the date of the death, and the unpaid premiums shall become a lien against the proceeds of the insurance. If the beneficiary is insane or a minor, proof of such facts may be filed within one year after removal of such legal disability.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1913
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this title—
(1) the “civil service” consists of all appointive positions in the executive, judicial, and legislative branches of the Government of the United States, except positions in the uniformed services;
(2) “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard; and
(3) “uniformed services” means the armed forces, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2101
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Federal law — U.S. Code and appendices · legal_authorities
Page 118
TITLE 38—VETERANS’ BENEFITS
[§ 712
Provisions similar to those in this section were con-
tained in former section 210(b)(3) of this title prior to
repeal by Pub. L. 102–83, § 2(a).
AMENDMENTS
1996—Subsec. (d). Pub. L. 104–316 inserted ‘‘, upon re-
quest of either of such Committees,’’ after ‘‘the Comp-
troller General shall’’ in first sentence.
1994—Subsec. (d). Pub. L. 103–446 substituted ‘‘com-
mittees’’ for ‘‘Committees’’.
[§ 712.
Repealed.
Pub.
L.
107–103,
title
V,
§ 509(a)(1), Dec. 27, 2001, 115 Stat. 997]
Section, added Pub. L. 103–446, title XI, § 1102(a), Nov.
2, 1994, 108 Stat. 4680; amended Pub. L. 104–262, title III,
§ 303, Oct. 9, 1996, 110 Stat. 3194; Pub. L. 105–33, title
VIII, § 8023(e), Aug. 5, 1997, 111 Stat. 667; Pub. L. 105–368,
title X, § 1005(b)(1), Nov. 11, 1998, 112 Stat. 3364, limited
reduction of full-time equivalent positions in the De-
partment of Veterans Affairs during the period begin-
ning on Nov. 2, 1994, and ending on Sept. 30, 1999.
Editorial Notes
PRIOR PROVISIONS
A prior section 712 was renumbered section 1912 of
this title.
§ 713. Senior executives: removal, demotion, or
suspension based on performance or mis-
conduct
(a) AUTHORITY.—(1) The Secretary may, as pro-
vided in this section, reprimand or suspend, in-
voluntarily reassign, demote, or remove a cov-
ered individual from a senior executive position
at the Department if the Secretary determines
that the misconduct or performance of the cov-
ered individual warrants such action.
(2) If the Secretary so removes such an indi-
vidual, the Secretary may remove the individual
from the civil service (as defined in section 2101
of title 5).
(b) RIGHTS AND PROCEDURES.—(1) A covered in-
dividual who is the subject of an action under
subsection (a)
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 713
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