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Bill Would Strengthen VA’s Ability to Discipline Staff

01-22-25 WR VA WEBSITE
01-22-25 WR VA WEBSITE
Washington Report

The Department of Veterans Affairs’ leadership would have more authority to discipline or dismiss problematic employees under a newly proposed bill.

Sen. Jerry Moran, R-Kan., the chairman of the Senate Veterans' Affairs Committee, and Rep. Mike Bost, R-Ill., the chairman of the House Committee on Veterans’ Affairs, reintroduced the Restore VA Accountability Act Jan. 16.

"While VA employs some of the finest men and women, it only takes a few bad employees to disrupt the culture and service at the VA," Moran said in a statement.

"This bill would restore the intent of Congress and help make certain that veterans receive the high-quality care and benefits they’ve earned and VA staff have the healthy workplace they deserve," he continued.

"The intent of Chairman Moran and I’s bill, the Restore VA Accountability Act, is to hold that 1% of bad VA employees accountable," Bost added.

The legislation would ensure VA decisions supported by substantial evidence are upheld on appeal and would not make disciplinary action incumbent upon a performance improvement plan beforehand.

It would also align the disciplinary authority for unsatisfactory VA managers with the one used by members of the Senior Executive Service, a position classification in the U.S. federal civil service equivalent to a general officer in the U.S. military.

"We must absolutely ensure the VA system is accountable and effective," said retired Maj. Gen. Francis M. McGinn, the NGAUS president, in a statement of support. "We must right wrongs and dismiss bad actors when they are identified.

"This bill is a positive step in restoring VA accountability and improving services," he continued. "We are grateful to Chairman Moran and Chairman Bost for continually stepping up to support our nation’s veterans and thank them for these efforts."

In 2017, Congress passed the VA Accountability and Whistleblower Protection Act with broad bipartisan support in response to some VA employees covering up long delays in providing medical care to veterans.

However, a series of court challenges led VA to stop using the 2017 law, relying instead on measures in place before the bill’s passage.

In March 2023, then-VA Secretary Denis McDonough said the Accountability Act "wasn’t really helping us necessarily manage our workforce as much as it was getting us in front of federal judges and in front of administrative bodies."

President Donald Trump’s nominee for VA secretary, former Rep. Doug Collins, R-Ga., expressed support for the Restore VA Accountability Act and for the intent of the 2017 law Tuesday.

"The intent was to make sure those workers who were not fulfilling their mission, they were not going to take a job anymore," Collins told members of the Senate Veterans' Affairs Committee during his confirmation hearing yesterday.

"I have no problem with getting rid of that person and making sure we do [discipline the employee] properly," he vowed of what he would do if confirmed and an employee harms a veteran or prevents a veteran from getting benefits.

Todd Hunter, the former deputy executive director of VA’s Office of Mission Support, is currently serving as acting VA secretary.

— By Jennifer Hickey