[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3196 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 3196
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.
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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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Right to Representation for
Department of Veterans Affairs Workers Act of 2025''.
SEC. 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:
``Sec. 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.''.
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