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 VA Accountability Act of 2025 Restore Department of Veterans Affairs Accountability Act of 2025

Previously Filed As

US HB4278

Restore VA Accountability Act of 2023 Restore Department of Veterans Affairs Accountability Act of 2023

US SB2158

Restore VA Accountability Act of 2023 Restore Department of Veterans Affairs Accountability Act of 2023

US HB10397

To amend title 5, United States Code, to provide for an alternative removal for performance or misconduct for Federal employees.

US HB271

Restoring Normalcy in America Act This bill provides civil rights and employment protections for individuals based on their refusal to receive a COVID-19 vaccine and addresses other matters concerning the COVID-19 pandemic. Specifically, the bill prohibits discrimination in places of public accommodation and in federally assisted programs based on an individual's COVID-19 vaccine refusal. In addition, the bill prohibits employers from discriminating against such individuals, including discrimination related to hiring, compensation, advancement, or other employment opportunities. Further, the bill makes it unlawful for an employer to fail to offer any employee who was discharged for a COVID-19 vaccine refusal a position at an equal level and rate of pay to the position the employee held prior to discharge. In particular, the bill provides for the reinstatement of any member of the Armed Forces or federal employee who was involuntarily separated because of a COVID-19 vaccine refusal at the request of an affected individual. Any adverse action related to a COVID-19 vaccine refusal must be removed from an affected individual's military record or personnel file. Additionally, the bill (1) terminates the authority of the Food and Drug Administration to authorize under emergency procedures any drugs, biological products, or devices to prevent or treat COVID-19; and (2) requires the Department of Health and Human Services to study the effectiveness of COVID-19 vaccines and treatments, preparedness for future pandemics, and related matters. The Government Accountability Office must also audit certain federal funding for COVID-19 activities and programs.

US HB491

Return Home to Housing Act This bill increases the maximum rate of per diem payments provided by the Department of Veterans Affairs (VA) to entities (i.e., grant recipients or authorized entities) that furnish services and transitional housing to homeless veterans. The bill also specifies that the VA may adjust the per diem rate in response to an emergency.

US HB140

Protecting Speech from Government Interference Act This bill generally prohibits federal employees from censoring the speech of others while acting in an official capacity. Specifically, the bill prohibits employees of executive agencies or who are otherwise in the competitive service from (1) using their official authority to influence or advocate for a third party, including a private entity, to censor speech; (2) censoring the speech of any person who has a pending regulatory application with, or is the subject of or a participant in an active enforcement action by, the employee's office; or (3) engaging in censorship while on duty, wearing a uniform, or using official government property. Certain presidential appointees may not censor speech at any time, including outside normal duty hours. Employees are subject to disciplinary action, civil penalties, or both for violations. The bill defines censor or censorship to include ordering or advocating for the removal of lawful speech, the addition of disclaimers, or the restriction of access with respect to any platform (e.g., social media).

US HB41

VA Same-Day Scheduling Act of 2023 This bill requires the Department of Veterans Affairs (VA) to ensure that when a veteran enrolled in the VA health care system contacts the VA by telephone to schedule an appointment for care or services at a VA facility, the scheduling for the appointment occurs during that telephone call.

US HB234

Gerald's Law Act This bill requires the Department of Veterans Affairs (VA) to provide a burial and funeral allowance for a veteran who dies from a non-service-connected disability in a home or other setting at which the veteran was receiving VA hospice care (if such care was directly preceded by VA hospital or nursing home care).

US HB104

Transparency and Effective Accountability Measures for Veteran Caregivers Act or the TEAM Veteran Caregivers Act The bill revises the administration of Department of Veterans Affairs (VA) caregiver programs. Specifically, the bill requires the VA to formally recognize caregivers of veterans by identifying any caregiver in the health record of the veteran. Such caregivers covered by the bill include those participating in the Program of Comprehensive Assistance for Family Caregivers and those participating in the Program of General Caregiver Support Services. The bill requires the VA to notify veterans and their caregivers regarding any clinical determinations made relating to claims, tier reduction, or termination of assistance under, or eligibility for, the specified caregiver programs. The notifications must be standardized and contain specified details regarding the decisions. The bill also requires the VA to temporarily extend benefits under the Program of Comprehensive Assistance for Family Caregivers for at least 90 days after the receipt of notice that a veteran is no longer clinically eligible for the program. Such an extension shall not apply to the termination of caregiver benefits (1) if the VA determines the caregiver committed fraud or abused or neglected the veteran, (2) if another primary provider or individual caregiver is designated within 90 days after the termination, (3) if the terminated individual moves out or abandons their relationship with the veteran, or (4) upon request of the caregiver or veteran.

US HB411

Lead by Example Act of 2023 This bill provides that, beginning January 3, 2025, the only health care plan the federal government may make available to Members of Congress and congressional staff shall be health care provided through the Department of Veterans Affairs (VA). By September 15, 2023, the VA and the Office of Personnel Management shall jointly submit to Congress a plan to carry out this bill, including recommendations for any necessary legislative actions.

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