[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 623 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 623

To amend title 5, United States Code, to clarify the application of the 
 Whistleblower Protection Act of 1989 to certain personnel matters of 
                  the Department of Veterans Affairs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 19 (legislative day, March 3), 1993

 Mr. Conrad (for himself and Mr. Akaka) introduced the following bill; 
  which was read twice and referred to the Committee on Governmental 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 5, United States Code, to clarify the application of the 
 Whistleblower Protection Act of 1989 to certain personnel matters of 
                  the Department of Veterans Affairs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CLARIFICATION OF APPLICATION OF ACT.

    (a) Office of Special Counsel.--(1) Subchapter II of chapter 12 of 
title 5, United States Code, is amended by inserting after section 1216 
the following new section:
``Sec. 1216a. Jurisdiction over certain Department of Veterans Affairs 
              personnel matters
    ``The provisions of this subchapter shall apply with respect to 
health-care professionals who are employed by the Veterans Health 
Administration and appointed under section 7306, 7401(1), 7405, or 7406 
of title 38, former health-care professionals who were so employed and 
appointed, and applicants for positions of such employment and 
appointment.''.
    (2) The table of sections at the beginning of chapter 12 of such 
title is amended by inserting after the item relating to section 1216 
the following new item:

``1216a. Jurisdiction over certain Department of Veterans Affairs 
                            personnel matters.''.
    (b) Individual Right of Action.--(1) Subchapter III of chapter 12 
of title 5, United States Code, is amended--
            (A) by redesignating section 1222 as section 1223; and
            (B) by inserting after section 1221 the following new 
        section 1222:
``Sec. 1222. Jurisdiction over certain Department of Veterans Affairs 
              personnel matters
    ``The provisions of this subchapter shall apply with respect to 
health-care professionals who are employed by the Veterans Health 
Administration and appointed under section 7306, 7401(1), 7405, or 7406 
of title 38, former health-care professionals who were so employed and 
appointed, and applicants for positions of such employment and 
appointment.''.
    (2) The table of sections at the beginning of chapter 12 of such 
title is amended by striking out the item relating to section 1222 and 
inserting in lieu thereof the following new items:

``1222. Jurisdiction over certain Department of Veterans Affairs 
                            personnel matters.
``1223. Availability of other remedies.''.
    (c) Prohibited Personnel Practices.--Section 2302 of title 5, 
United States Code, is amended by adding at the end the following new 
subsection:
    ``(e) Paragraphs (8) and (9) of subsection (b) shall apply with 
respect to health-care professionals who are employed by the Veterans 
Health Administration and appointed under section 7306, 7401(1), 7405, 
or 7406 of title 38, former health-care professionals who were so 
employed and appointed, and applicants for positions of such employment 
and appointment.''.
    (d) Preference in Transfers.--Section 3352 of title 5, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(g) The provisions of this section shall apply with respect to 
health-care professionals employed by the Veterans Health 
Administration and appointed under section 7306, 7401(1), 7405, or 7406 
of title 38.''.
    (e) Appellate Procedures.--Section 7701(b)(2) of title 5, United 
States Code, is amended by adding at the end the following new 
subparagraph:
    ``(D) The provisions of this paragraph shall apply with respect to 
health-care professionals who are employed by the Veterans Health 
Administration and appointed under section 7306, 7401(1), 7405, or 7406 
of title 38, and applicants for positions of such employment and 
appointment.''.
    (f) Effective Date.--The amendments made by subsections (a) through 
(e) shall take effect as if included in the provisions of Department of 
Veterans Affairs Health Care Personnel Act of 1991 (Public Law 102-40; 
105 Stat. 187) to which such amendments relate.

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