Restore Department of Veterans Affairs Accountability Act of 2025 or the Restore VA Accountability Act of 2025This bill modifies personnel action procedures regarding certain employees and executives of the Department of Veterans Affairs (VA). The bill authorizes the VA to remove from civil service, demote, or suspend VA employees that are supervisors or managers if the VA determines by substantial evidence that the performance or misconduct of such individual warrants such action. This authority does not apply to certain appointees or individuals in their probationary or trial period.Supervisors or managers who are subject to a removal, demotion, or suspension under this bill are entitled to (1) advance notice of the action and supporting evidence, (2) representation by an attorney or representative, and (3) grieve the action in accordance with an internal grievance process.The bill also provides protections from removal, demotion, or suspension for supervisor or managers who are whistleblowers or are seeking corrective action for an alleged prohibited personnel practice such as discrimination.The bill also modifies the procedures to remove, demote, or suspend VA employees or senior executives based on performance or misconduct, specifically by requiring the VA to determine by substantial evidence that the performance or misconduct of the individual warrants such removal, demotion, or suspension. Such procedures must apply retroactively, beginning on the date of enactment of the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017 (June 23, 2017).
If enacted, this legislation would significantly modify the existing disciplinary framework for VA employees, allowing for expedited actions against supervisors and management officials. It emphasizes a quick turnaround in disciplinary decisions, with specific timeframes established for notices and responses, ensuring that the aggregate period for such actions does not exceed fifteen business days. Additionally, the bill would limit judicial review of penalties, which could potentially reduce the avenues for employees to contest disciplinary actions, thus impacting job security significantly within the VA.
House Bill 472, known as the Restore Department of Veterans Affairs Accountability Act of 2025, aims to amend Title 38 of the United States Code to enhance personnel action procedures for employees of the Department of Veterans Affairs (VA). This bill proposes that the Secretary of the VA can remove, demote, or suspend employees based on substantial evidence of performance issues or misconduct. The bill lays down specific factors to be considered in such actions, including the seriousness of the offense, the employee's job level, and the nature of the misconduct.
There have been concerns regarding the balance of accountability and employee protections, particularly for whistleblowers. The bill includes provisions ostensibly designed to protect whistleblowers from retaliatory actions, requiring that any employee seeking corrective measures through the Office of Special Counsel must have the proper protections in place before facing any potential disciplinary actions. Nonetheless, critics argue that the broad authority granted to the Secretary might lead to abuse and further disincentivize employees from reporting misconduct within the VA.
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