PolicyBrief
H.R. 472
119th CongressJan 16th 2025
Restore Department of Veterans Affairs Accountability Act of 2025
IN COMMITTEE

The "Restore Department of Veterans Affairs Accountability Act of 2025" aims to improve accountability within the VA by modifying procedures for disciplining employees, supervisors, and senior executives based on performance or misconduct, emphasizing factors such as the seriousness of the offense and limiting external review of disciplinary actions. The bill broadens the scope of employees subject to these disciplinary procedures and applies retroactively to misconduct or performance issues dating back to the enactment of the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017.

Mike Bost
R

Mike Bost

Representative

IL-12

LEGISLATION

VA Shake-Up: New Bill Speeds Up Firings, Limits Appeals, Retroactive to 2017

The "Restore Department of Veterans Affairs Accountability Act of 2025" (or "Restore VA Accountability Act of 2025") aims to overhaul how the VA handles employee discipline. Instead of a drawn-out process, this bill puts the hammer down, making it easier to fire or demote VA employees for poor performance or misconduct. It affects supervisors, senior execs, and a wider range of employees than before, giving the VA Secretary a lot more power.

Fast Track to Firing

The bill introduces some serious changes. For starters, it sets tight deadlines. The whole process, from getting notified of potential discipline to the Secretary's final decision, can't take more than 15 business days for supervisors. And if a supervisor wants to grieve that decision? They've got less than 21 days for the entire grievance process. For senior executives, there's a 21-day appeal window after the final decision. Regular employees also face stricter rules, with "substantial evidence" now the standard for disciplinary actions. Think of it like this: if your boss at the VA decides you messed up, and there's decent evidence to back it up, that's probably all it takes.

Who's Feeling the Heat?

This bill expands who's considered a "covered individual." It now includes more VA employees, specifically those under titles 5 and hybrid employees under section 7401, and supervisors or management officials as defined in section 7103(a) of title 5, meaning more people are subject to these fast-tracked disciplinary procedures. For example, a mid-level manager who previously had more protections could now be removed much more quickly. The bill also gives the Secretary "sole discretion" in disciplinary matters for certain Veterans Health Administration (VHA) employees (SEC. 4). That means less wiggle room and fewer chances to appeal.

Real-World Rollout and Retroactive Rules

One of the biggest changes is how far back this goes. The bill applies to any misconduct or poor performance dating back to 2017 (SEC. 3 & 4). That's a seven-year look-back period. Imagine getting dinged for something you did years ago, under rules that might have been different at the time. The bill also limits the ability of courts and administrative judges to review these decisions (SEC. 2, 3 & 4). Basically, unless there's a constitutional issue, the Secretary's decision is final. This could mean less protection for employees who feel they've been unfairly targeted.

Potential Pitfalls

While the bill aims to boost accountability, there are some serious concerns. The streamlined process, while faster, might not always be fairer. Limiting appeals and judicial review (SEC. 2, 3 & 4) could mean less oversight and a higher chance of mistakes or even deliberate misuse of power. And that retroactive application to 2017? That raises some big questions about fairness, especially for employees who might have been following the rules as they understood them at the time.

It is important to note that this could lead to improved care for veterans. However, the changes to due process are significant.