,,ii #aaeth ,,congress #ast ,session ,s4 #dic ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #b1 #bjag,mr4 ,rubio introduced the following bill2 which was read twice and referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to amend title #ch1 ,united ,states ,code1 to provide for the removal or demotion of employees of the ,department of ,veterans ,affairs based on performance or misconduct1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,department of ,veterans ,affairs ,accountability ,first ,act of #bjag4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,references to title #ch1 ,united ,states ,code4,sec4 #c4 ,removal1 demotion1 and suspension of employees based on performance or misconduct4,sec4 #d4 ,reduction of benefits for ,department of ,veterans ,affairs employees convicted of certain crimes4,sec4 #e4 ,authority to recoup bonuses or awards paid to employees of ,department of ,veterans ,affairs4,sec4 #f4 ,authority to recoup relocation expenses paid to or on behalf of employees of ,department of ,veterans ,affairs4,sec4 #g4 ,time period for response to notice of adverse actions against supervisory employees who commit prohibited personnel actions4,sec4 #h4 ,direct hiring authority for medical center directors and ,,visn directors4,sec4 #i4 ,time periods for review of adverse actions with respect to certain employees4 #b4 ,references to title #ch1 ,united ,states ,code ,except as otherwise expressly provided1 whenever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of title #ch1 ,united ,states ,code4 #c4 ,removal1 demotion1 and suspension of employees based on performance or misconduct 7a7 ,in general ,subchapter ,i of chapter #g is amended by adding at the end the following new section3 #gai4 ,employees3 removal1 demotion1 or suspension based on performance or misconduct 7a7 ,in general 7#a7 ,the ,secretary may remove1 demote1 or suspend a covered individual who is an employee of the ,department if the ,secretary determines the performance or misconduct of the covered individual warrants such removal1 demotion1 or suspension4 7#b7 ,if the ,secretary so removes1 demotes1 or suspends such a covered individual1 the ,secretary may-- 7,a7 remove the covered individual from the civil service 7as defined in section #baja of title #e72 7,b7 demote the covered individual by means of a reduction in grade for which the covered individual is qualified1 that the ,secretary determines is appropriate1 and that reduces the annual rate of pay of the covered individual2 or 7,c7 suspend the covered individual4 7b7 ,pay of certain demoted individuals 7#a7 ,notwithstanding any other provision of law1 any covered individual subject to a demotion under subsection 7a77#b7 shall1 beginning on the date of such demotion1 receive the annual rate of pay applicable to such grade4 7#b7 7,a7 ,a covered individual so demoted may not be placed on administrative leave during the period during which an appeal 7if any7 under this section is ongoing1 and may only receive pay if the covered individual reports for duty or is approved to use accrued unused annual1 sick1 family medical1 military1 or court leave4 7,b7 ,if a covered individual so demoted does not report for duty or receive approval to use accrued unused leave1 such covered individual shall not receive pay or other benefits pursuant to subsection 7e77#e74 7c7 ,notice to ,congress 7#a7 7,a7 ,not later than #cj days after removing1 demoting1 or suspending a covered individual employed in a senior executive position under subsection 7a7 or after removing1 demoting1 or suspending an individual under chapter #gd of this title1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate1 to the ,committee on ,veterans' ,affairs of the ,house of ,representatives1 and to each ,member of ,congress representing a district in the ,state or territory where the facility where the individual was employed immediately before being removed1 demoted1 or suspended is located notice in writing of such removal1 demotion1 or suspension4 7,b7 ,such notice shall include the job title of the individual1 the location where the individual was employed immediately before being removed1 demoted1 or suspended1 the proposed action1 and the reason for such removal1 demotion1 or suspension4 7#b7 7,a7 ,not later than #cj days after the last day of a fiscal year1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report listing all removals1 demotions1 and suspensions under this section or under chapter #gd of this title during such fiscal year4 7,b7 ,each such report shall include the job title of each individual removed1 demoted1 or suspended1 the location where the individual was employed immediately before being so removed1 demoted or suspended1 the proposed action1 and the reason for such removal1 demotion1 or suspension4 7#c7 ,in this subsection1 the term senior executive position means1 with respect to a career appointee 7as that term is defined in section #cacb7;a7 of title #e71 a ,senior ,executive ,service position 7as such term is defined in section #cacb7;a7 of title #e74 7d7 ,procedure 7#a7 7,a7 ,subsection 7b7 of section #geac of title #e shall apply with respect to a removal1 demotion1 or suspension under this section1 except that the period for notice and response1 which includes the advance notice period required by paragraph 7#a7 of such subsection and the response period required by paragraph 7#b7 of such subsection1 shall not exceed a total of #aj business days4 7,b7 ,subsection 7c7 of such section and section #gaba of such title shall not apply with respect to such a removal1 demotion1 or suspension4 7#b7 ,the ,secretary shall issue a final decision with respect to a removal1 demotion1 or suspension under this section-- 7,a7 in the case of a proposed removal1 demotion1 or suspension to which a covered individual responds under paragraph 7#a71 not later than five business days after receiving the response of the covered individual2 or 7,b7 in the case of a proposed removal1 demotion1 or suspension to which a covered individual does not respond1 not later than #ae business days after the ,secretary provides notice to the covered individual under paragraph 7#a74 7#c7 ,the procedures under chapter #dc of title #e shall not apply to a removal1 demotion1 or suspension under this section4 7#d7 7,a7 ,subject to subparagraph 7,b7 and subsection 7e71 any removal1 demotion1 or suspension under subsection 7a7 may be appealed to the ,merit ,systems ,protection ,board1 which shall refer such appeal to an administrative judge pursuant to section #ggja7;b77#a7 of title #e4 7,b7 ,an appeal under subparagraph 7,a7 of a removal1 demotion1 or suspension may only be made if such appeal is made not later than seven days after the date of such removal1 demotion1 or suspension4 7e7 ,expedited ,review 7#a7 ,upon receipt of an appeal under subsection 7d77#d77;,a71 the administrative judge shall expedite any such appeal under section #ggja7;b77#a7 of title #e and1 in any such case1 shall issue a final and complete decision not later than #de business days after the date of the appeal4 7#b7 7,a7 ,notwithstanding section #ggja7;c77#a77;,b7 of title #e1 the administrative judge shall uphold the decision of the ,secretary to remove1 demote1 or suspend an employee under subsection 7a7 if the decision is supported by substantial evidence4 7,b7 ,if the decision of the ,secretary is supported by substantial evidence1 the administrative judge shall not mitigate the penalty prescribed by the ,secretary4 7#c7 7,a7 ,the decision of the administrative judge under paragraph 7#a7 may be appealed to the ,merit ,systems ,protection ,board4 7,b7 ,an appeal under subparagraph 7,a7 of a decision of an administrative judge may only be made if such appeal is made not later than seven business days after the date of the decision of the administrative judge4 7#d7 ,in any case in which the administrative judge cannot issue a decision in accordance with the #de-;day requirement under paragraph 7#a71 the ,merit ,systems ,protection ,board shall1 not later than #ad business days after the expiration of the #de-;day period1 submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report that explains the reasons why a decision was not issued in accordance with such requirement4 7#e7 7,a7 ,a decision of the ,merit ,systems ,protection ,board under paragraph 7#c7 may be appealed to the ,united ,states ,court of ,appeals for the ,federal ,circuit pursuant to section #ggjc of title #e4 7,b7 ,an appeal under subparagraph 7,a7 of a decision of the ,merit ,systems ,protection ,board may only be made if such appeal is made not later than seven business days after the date of the decision of the ,board4 7,c7 ,any decision by such ,court shall be in compliance with section #gdfb7;f77#b7 of this title4 7#f7 ,the ,merit ,systems ,protection ,board may not stay any removal or demotion under this section4 7#g7 ,during the period beginning on the date on which a covered individual appeals a removal from the civil service under subsection 7d7 and ending on the date that the ,united ,states ,court of ,appeals for the ,federal ,circuit issues a final decision on such appeal1 such covered individual may not receive any pay1 awards1 bonuses1 incentives1 allowances1 differentials1 student loan repayments1 special payments1 or benefits related to the employment of the individual by the ,department4 7#h7 ,to the maximum extent practicable1 the ,secretary shall provide to the ,merit ,systems ,protection ,board such information and assistance as may be necessary to ensure an appeal under this subsection is expedited4 7#i7 ,if an employee prevails on appeal under this section1 the employee shall be entitled to backpay 7as provided in section #eeif of title #e74 7#aj7 ,this subsection shall supercede any collective bargaining agreement to the extent that such an agreement conflicts with this subsection4 7f7 ,whistleblower protection 7#a7 ,in the case of a covered individual seeking corrective action 7or on behalf of whom corrective action is sought7 from the ,office of ,special ,counsel based on an alleged prohibited personnel practice described in section #bcjb7;b7 of title #e1 the ,secretary may not remove1 demote1 or suspend such covered individual under subsection 7a7 without the approval of the ,special ,counsel under section #abad7;f7 of title #e4 7#b7 ,in the case of a covered individual who has filed a whistleblower complaint1 as such term is defined in section #gca of this title1 the ,secretary may not remove1 demote1 or suspend such covered individual under subsection 7a7 until a final decision with respect to the whistleblower complaint has been made4 7g7 ,termination of investigations by ,office of ,special ,counsel 7#a7 ,notwithstanding any other provision of law1 the ,special ,counsel 7established by section #abaa of title #e7 may terminate an investigation of a prohibited personnel practice alleged by an employee or former employee of the ,department after the ,special ,counsel provides to the employee or former employee a written statement of the reasons for the termination of the investigation4 7#b7 ,such statement may not be admissible as evidence in any judicial or administrative proceeding without the consent of such employee or former employee4 7h7 ,vacancies ,in the case of a covered individual who is removed or demoted under subsection 7a71 to the maximum extent feasible1 the ,secretary shall fill the vacancy arising as a result of such removal or demotion4 7i7 ,definitions ,in this section3 7#a7 ,the term covered individual means an individual occupying a position at the ,department1 but does not include-- 7,a7 an individual appointed pursuant to section #gcjf1 #gdja7a71 or #gdje of this title2 7,b7 an individual who has not completed a probationary or trial period2 or 7,c7 a political appointee4 7#b7 ,the term suspend means the placing of an employee1 for disciplinary reasons1 in a temporary status without duties and pay for a period in excess of #ad days4 7#c7 ,the term grade has the meaning given such term in section #geaa7;a7 of title #e4 7#d7 ,the term misconduct includes neglect of duty1 malfeasance1 or failure to accept a directed reassignment or to accompany a position in a transfer of function4 7#e7 ,the term political appointee means an individual who is-- 7,a7 employed in a position described under sections #ecab through #ecaf of title #e 7relating to the ,executive ,schedule72 7,b7 a limited term appointee1 limited emergency appointee1 or noncareer appointee in the ,senior ,executive ,service1 as defined under paragraphs 7#e71 7#f71 and 7#g71 respectively1 of section #cacb7;a7 of title #e2 or 7,c7 employed in a position of a confidential or policy-determining character under schedule ,c of subpart ,c of part #bac of title #e of the ,code of ,federal ,regulations4 4 7b7 ,repeal of superceded provision of law 7#a7 ,in general ,section #gac is hereby repealed4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #g is amended by striking the item relating to section #gac4 7c7 ,clerical and conforming amendments 7#a7 ,clerical ,the table of sections at the beginning of chapter #g is amended by inserting after the item relating to section #gag the following new item3 #gai4 ,employees3 removal1 demotion1 or suspension based on performance or misconduct4 4 7#b7 ,conforming ,section #dcjc7;f7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#b71 by striking or at the end2 7,b7 in paragraph 7#c71 by striking the period at the end and inserting 1 or2 and 7,c7 by adding at the end the following3 7#d7 any removal or demotion under section #gai of title #ch4 4 7d7 ,temporary exemption from certain limitation on initiation from removal from ,senior ,executive ,service ,during the #abj-;day period beginning on the date of the enactment of this ,act1 an action to remove an individual from the ,senior ,executive ,service at the ,department of ,veterans ,affairs pursuant to section #gai of title #ch1 ,united ,states ,code1 as added by subsection 7a71 may be initiated1 notwithstanding section #ceib7;b7 of title #e1 ,united ,states ,code1 or any other provision of law4 #d4 ,reduction of benefits for ,department of ,veterans ,affairs employees convicted of certain crimes 7a7 ,reduction of benefits 7#a7 ,in general ,subchapter ,i of chapter #g1 as amended by section #c1 is further amended by adding at the end the following new section3 #gba4 ,reduction of benefits of employees convicted of certain crimes 7a7 ,reduction of annuity for removed employee 7#a7 ,the ,secretary shall order that the covered service of an employee of the ,department removed from a position for performance or misconduct under section #gai or #gdfa of this title or any other provision of law shall not be taken into account for purposes of calculating an annuity with respect to such individual under chapter #hc or chapter #hd of title #e1 if-- 7,a7 the ,secretary determines that the individual is convicted of a felony that influenced the individual's performance while employed in the position2 7,b7 before such order is made1 the individual is afforded-- 7i7 notice of the proposed order2 and 7ii7 an opportunity to respond to the proposed order by not later than ten business days following receipt of such notice2 and 7,c7 the ,secretary issues the order-- 7i7 in the case of a proposed order to which an individual responds under subparagraph 7,b77ii71 not later than five business days after receiving the response of the individual2 or 7ii7 in the case of a proposed order to which an individual does not respond1 not later than #ae business days after the ,secretary provides notice to the individual under subparagraph 7,b77i74 7#b7 ,upon the issuance of an order by the ,secretary under paragraph 7#a71 the individual shall have an opportunity to appeal the order to the ,director of the ,office of ,personnel ,management before the date that is seven business days after the date of such issuance4 7#c7 ,the ,director of the ,office of ,personnel ,management shall make a final decision with respect to an appeal under paragraph 7#b7 not later than #cj business days after receiving the appeal4 7b7 ,reduction of annuity for retired employee 7#a7 ,the ,secretary may order that the covered service of an individual who is removed for performance or misconduct under section #gai or #gdfa of this title or any other provision of law but who leaves employment at the ,department prior to the issuance of a final decision with respect to such action shall not be taken into account for purposes of calculating an annuity with respect to such individual under chapter #hc or chapter #hd of title #e1 if-- 7,a7 the ,secretary determines that the individual is convicted of a felony that influenced the individual's performance while employed in the position2 7,b7 before such order is made1 the individual is afforded-- 7i7 notice of the proposed order2 and 7ii7 opportunity to respond to the proposed order by not later than ten business days following receipt of such notice2 and 7,c7 the ,secretary issues the order-- 7i7 in the case of a proposed order to which an individual responds under subparagraph 7,b77ii71 not later than five business days after receiving the response of the individual2 or 7ii7 in the case of a proposed order to which an individual does not respond1 not later than #ae business days after the ,secretary provides notice to the individual under subparagraph 7,b77i74 7#b7 ,upon the issuance of an order by the ,secretary under paragraph 7#a71 the individual shall have an opportunity to appeal the order to the ,director of the ,office of ,personnel ,management before the date that is seven business days after the date of such issuance4 7#c7 ,the ,director of the ,office of ,personnel ,management shall make a final decision with respect to an appeal under paragraph 7#b7 within #cj business days of receiving the appeal4 7c7 ,administrative requirements ,not later than #cg business days after the ,secretary issues a final order under subsection 7a7 or 7b7 with respect to an individual1 the ,director of the ,office of ,personnel ,management shall recalculate the annuity of the individual4 7d7 ,lump-,sum ,annuity ,credit ,any individual with respect to whom an annuity is reduced under subsection 7a7 or 7b7 shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to the period of covered service4 7e7 ,spouse or children exception 7#a7 ,the ,secretary1 in consultation with the ,director of the ,office of ,personnel ,management1 shall prescribe regulations that may provide for the payment to the spouse or children of any individual referred to in subsection 7a7 or 7b7 of any amounts which 7but for this subsection7 would otherwise have been nonpayable by reason of such subsections4 7#b7 ,regulations prescribed under paragraph 7#a7 shall be consistent with the requirements of sections #hccb7o77#e7 and #hdaa7l77#e7 of title #e1 as the case may be4 7f7 ,definitions ,in this section3 7#a7 ,the term covered service means1 with respect to an individual subject to a removal for performance or misconduct under section #gai or #gdfa of this title or any other provision of law1 the period of service beginning on the date that the ,secretary determines under such applicable provision that the individual engaged in activity that gave rise to such action and ending on the date that the individual is removed from or leaves a position of employment at the ,department prior to the issuance of a final decision with respect to such action4 7#b7 ,the term lump-sum credit has the meaning given such term in section #hcca7h7 or section #hdja7ai7 of title #e1 as the case may be4 7#c7 ,the term service has the meaning given such term in section #hcca7ab7 or section #hdja7bf7 of title #e1 as the case may be4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #g is amended by inserting after the item relating to section #gai1 as added by section #c1 the following new item3 #gba4 ,reduction of benefits of employees convicted of certain crimes4 4 7b7 ,application ,section #gba of title #ch1 ,united ,states ,code1 as added by subsection 7a77#a71 shall apply to any action of removal of an employee of the ,department of ,veterans ,affairs under section #gai or #gdfa of such title or any other provision of law1 commencing on or after the date of the enactment of this ,act4 #e4 ,authority to recoup bonuses or awards paid to employees of ,department of ,veterans ,affairs 7a7 ,in general ,subchapter ,i of chapter #g1 as amended by section #d1 is further amended by adding at the end the following new section3 #gbc4 ,recoupment of bonuses or awards paid to employees of ,department 7a7 ,in general ,notwithstanding any other provision of law1 the ,secretary may issue an order directing an employee of the ,department to repay the amount1 or a portion of the amount1 of any award or bonus paid to the employee under title #e1 including under chapter #de or #ec of such title1 or this title if-- 7#a7 the ,secretary determines that the individual engaged in misconduct or poor performance prior to payment of the award or bonus1 and that such award or bonus would not have been paid1 in whole or in part1 had the misconduct or poor performance been known prior to payment2 7#b7 before such repayment1 the employee is afforded-- 7,a7 notice of the proposed order2 and 7,b7 an opportunity to respond to the proposed order by not later than #aj business days after the receipt of such notice2 and 7#c7 the ,secretary issues the order-- 7,a7 in the case of a proposed order to which an individual responds under paragraph 7#b77;,b71 not later than five business days after receiving the response of the individual2 or 7,b7 in the case of a proposed order to which an individual does not respond1 not later than #ae business days after the ,secretary provides notice to the individual under paragraph 7#b77;,a74 7b7 ,appeals ,upon the issuance of an order by the ,secretary under subsection 7a7 with respect to an individual1 the individual shall have an opportunity to appeal the order to another department or agency of the ,federal ,government before the date that is seven business days after the date of such issuance4 7c7 ,final decisions ,the head of the applicable department or agency of the ,federal ,government shall make a final decision with respect to an appeal under subsection 7b7 within #cj business days after receiving such appeal4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter1 as amended by section #d7;a77#b71 is further amended by inserting after the item relating to section #gba the following new item3 #gbc4 ,recoupment of bonuses or awards paid to employees of ,department4 4 7c7 ,effective date ,section #gbc of title #ch1 ,united ,states ,code1 as added by subsection 7a71 shall apply with respect to an award or bonus paid by the ,secretary of ,veterans ,affairs to an employee of the ,department of ,veterans ,affairs on or after the date of the enactment of this ,act4 7d7 ,construction ,nothing in this ,act or the amendments made by this ,act may be construed to modify the certification issued by the ,office of ,personnel ,management and the ,office of ,management and ,budget regarding the performance appraisal system of the ,senior ,executive ,service of the ,department of ,veterans ,affairs4 #f4 ,authority to recoup relocation expenses paid to or on behalf of employees of ,department of ,veterans ,affairs 7a7 ,in general ,subchapter ,i of chapter #g1 as amended by section #e1 is further amended by adding at the end the following new section3 #gbe4 ,recoupment of relocation expenses paid on behalf of employees of ,department 7a7 ,in general ,notwithstanding any other provision of law1 the ,secretary may issue an order directing an employee of the ,department to repay the amount1 or a portion of the amount1 paid to or on behalf of the employee under title #e for relocation expenses1 including any expenses under section #egbd or #egbd;a of such title1 or this title if-- 7#a7 the ,secretary determines that relocation expenses were not lawfully authorized or that the employee committed an act of fraud1 waste1 or malfeasance that influenced the authorization of the relocation expenses2 7#b7 before such repayment1 the employee is afforded-- 7,a7 notice of the proposed order2 and 7,b7 an opportunity to respond to the proposed order not later than ten business days following the receipt of such notice2 and 7#c7 the ,secretary issues the order-- 7,a7 in the case of a proposed order to which an individual responds under paragraph 7#b77;,b71 not later than five business days after receiving the response of the individual2 or 7,b7 in the case of a proposed order to which an individual does not respond1 not later than #ae business days after the ,secretary provides notice to the individual under paragraph 7#b77;,a74 7b7 ,appeals ,upon the issuance of an order by the ,secretary under subsection 7a7 with respect to an individual1 the individual shall have an opportunity to appeal the order to another department or agency of the ,federal ,government before the date that is seven business days after the date of such issuance4 7c7 ,final decisions ,the head of the applicable department or agency of the ,federal ,government shall make a final decision with respect to an appeal under subsection 7b7 within #cj days after receiving such appeal4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter is further amended by inserting after the item relating to section #gbc1 as added by section #e7;b71 the following new item3 #gbe4 ,recoupment of relocation expenses paid to or on behalf of employees of ,department4 4 7c7 ,effective date ,section #gbe of title #ch1 ,united ,states ,code1 as added by subsection 7a71 shall apply with respect to an amount paid by the ,secretary of ,veterans ,affairs to or on behalf of an employee of the ,department of ,veterans ,affairs for relocation expenses on or after the date of the enactment of this ,act4 #g4 ,time period for response to notice of adverse actions against supervisory employees who commit prohibited personnel actions ,section #gcc7;a77#b77;,b7 is amended-- 7#a7 in clause 7i71 by striking #ad days and inserting #aj days2 and 7#b7 in clause 7ii71 by striking #ad-;day period and inserting #aj-;day period4 #h4 ,direct hiring authority for medical center directors and ,,visn directors 7a7 ,in general ,section #gdja is amended by adding at the end the following new paragraph3 7#d7 ,medical center directors and directors of ,veterans ,integrated ,service ,networks with demonstrated ability in the medical profession1 in health care administration1 or in health care fiscal management4 4 7b7 ,conforming amendment ,section #gdjd7;a77#a7 is amended by inserting and #gdja7d7 after #gcjf4 #i4 ,time periods for review of adverse actions with respect to certain employees 7a7 ,physicians1 dentists1 podiatrists1 chiropractors1 optometrists1 registered nurses1 physician assistants1 and expanded-,function dental auxiliaries ,section #gdfa7;b77#b7 is amended to read as follows3 7#b7 ,in any case other than a case described in paragraph 7#a7 that involves or includes a question of professional conduct or competence in which a major adverse action was not taken1 such an appeal shall be made through ,department grievance procedures under section #gdfc of this title4 4 7b7 ,major adverse actions involving professional conduct or competence ,section #gdfb is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking ,at least #cj and inserting ,ten business2 and 7ii7 in subparagraph 7,b7-- 7,i7 by striking ,a reasonable time1 but not less than seven days and inserting ,the opportunity1 within the ten-day notice period2 and 7,,ii7 by striking orally and2 7,b7 in paragraph 7#c7-- 7i7 by striking 7,a7 ,if a proposed adverse action covered by this section is not withdrawn and inserting ,after considering the employee's answer1 if any2 7ii7 by striking #ba days and inserting #e business days2 7iii7 by striking answer4 ,the decision shall include a statement of and inserting answer stating2 and 7iv7 by striking subparagraph 7,b72 and 7,c7 in paragraph 7#d7-- 7i7 by striking 7,a7 ,the ,secretary and all that follows through 7,b7 ,the ,secretary and inserting ,the ,secretary2 and 7ii7 by striking #cj days and inserting seven business days2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#c71 by inserting the hearing must be concluded not later than #cj business days after the date on which the appeal is filed1 and after ,if such a hearing is held12 and 7,b7 in paragraph 7#d7-- 7i7 by striking #de days and inserting #ae business days2 and 7ii7 by striking #abj days and inserting #de business days2 and 7#c7 in subsection 7d77#a71 by striking #ij days and inserting #ae business days4 7c7 ,other adverse actions ,section #gdfc is amended-- 7#a7 by striking subsection 7b7 and redesignating subsections 7c7 through 7e7 as subsections 7b7 through 7d71 respectively2 and 7#b7 in subsection 7b77#b71 as so redesignated-- 7,a7 in subparagraph 7,a71 by striking an advance and inserting ten business days2 and 7,b7 in subparagraph 7,b7-- 7i7 by striking a reasonable time and inserting the opportunity1 within the ten business day notice period12 and 7ii7 by striking orally and4