Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB124

Introduced
1/16/25  

Caption

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).

Impact

If enacted, the bill would centralize the power of disciplinary actions within the Secretary of the VA, allowing for swift compliance with the newly established procedures. The bill also makes provisions regarding whistleblower protections, ensuring that individuals who report misconduct are safeguarded against retaliatory actions. In doing so, it aims to promote an environment of accountability while enhancing the integrity of the VA's operations.

Summary

SB124, titled the 'Restore Department of Veterans Affairs Accountability Act of 2025', seeks to amend Title 38 of the United States Code by providing structured disciplinary procedures for supervisors and managers at the Department of Veterans Affairs (VA). The bill aims to ensure that personnel who exhibit poor performance or misconduct can be efficiently removed, demoted, or suspended based on substantial evidence. It outlines clear factors that decision-makers must consider when assessing such cases, emphasizing the seriousness of offenses and the responsibilities of those involved.

Contention

However, the bill's approach has sparked debate among legislators, as some feel it may undermine existing protections for employees. Concerns have been expressed regarding the potential for abuse of authority, as the bill significantly alters traditional procedures for disciplinary actions by limiting avenues for review and appeal. Critics argue that this could lead to arbitrary decision-making without adequate checks and balances, raising issues about the fairness and transparency of the new system.

Congress_id

119-S-124

Policy_area

Armed Forces and National Security

Introduced_date

2025-01-16

Companion Bills

US HB472

Identical bill 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).

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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).

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