This bill aims to improve accountability within the Department of Veterans Affairs (VA) by modifying procedures for disciplining VA employees, supervisors, and senior executives for misconduct or poor performance, emphasizing the use of substantial evidence and limiting external review of disciplinary actions. It also protects whistleblowers and ensures consideration of various factors in disciplinary decisions.
Jerry Moran
Senator
KS
The Restore Department of Veterans Affairs Accountability Act of 2025 aims to improve accountability within the VA by streamlining the process for removing or disciplining employees, including supervisors and senior executives, for misconduct or poor performance. It sets specific timelines and standards for disciplinary actions, emphasizing the use of substantial evidence and limiting external review of penalties. The bill also protects whistleblowers and ensures that disciplinary actions are based on a thorough consideration of the employee's record and the nature of the offense. These changes will apply retroactively to misconduct or performance issues that occurred after the enactment of the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017.
VA Shake-Up: New Bill Speeds Up Firing of Employees, Managers, and Senior Executives, Limits Appeals
The "Restore Department of Veterans Affairs Accountability Act of 2025," or the "Restore VA Accountability Act of 2025," gives the Department of Veterans Affairs (VA) Secretary a lot more power to quickly remove, demote, or suspend employees, including supervisors, managers, and senior executives. The bill (SEC. 2, 3, 4) cites poor performance or misconduct as grounds, setting a fast-paced timeline for disciplinary actions and significantly limiting employees' ability to fight back.
Rocket Docket Discipline
This bill puts disciplinary actions on a fast track. For supervisors and management officials, the entire process—from initial notice to the Secretary's final decision—is capped at 15 business days (SEC. 2). Employees get just 7 business days to respond to proposed actions. Any internal grievance process must wrap up within 21 days after the final decision. For senior executives, decisions must be upheld if supported by "substantial evidence" (SEC. 3), and for other employees, the same "substantial evidence" standard applies (SEC. 4).
Think of it like this: your boss could decide to demote you, and you'd have a week to make your case before the decision becomes nearly irreversible. This applies across the board – whether you're a long-time supervisor, a newly appointed senior executive, or a regular VA employee.
Limited Appeals, Less Oversight
One of the most significant changes is the severe restriction on appeals. For management and supervisors, judicial review is limited to procedural errors and whether the decision is based on "substantial evidence." (SEC. 2) Senior executives get even less leeway – court reviews are restricted to constitutional issues only (SEC. 3). For other employees, both administrative judges and the Merit Systems Protection Board are blocked from reviewing penalty challenges unless a constitutional issue is raised. Courts are similarly restricted (SEC. 4).
What does this mean in practice? If you're a VA employee facing demotion or firing, your options for fighting the decision are drastically reduced. Unless there's a clear constitutional violation, you can't challenge the severity of the penalty. Even if you feel the punishment doesn't fit the alleged infraction, your recourse is extremely limited.
Collective Bargaining Takes a Back Seat
The bill explicitly states that its disciplinary procedures override any conflicting provisions in collective bargaining agreements (SEC. 4). This means that union contracts, which typically provide layers of protection for employees, can be bypassed in these disciplinary cases. This could significantly weaken the power of unions within the VA and potentially impact employee morale and job security.
Who's a "Covered Individual" Now?
The bill expands the definition of "covered individual" subject to these expedited disciplinary procedures (SEC. 4). It now includes not only supervisors and management officials but also those appointed under Title 5, hybrid employees under section 7401, and more. This means a wider range of VA employees, including many in healthcare roles, are now subject to these streamlined disciplinary processes.
For example, a nurse appointed under Title 5 could now face expedited removal or demotion based on a subjective assessment of their performance, with limited ability to appeal the decision. The broadened scope of "covered individuals" raises concerns about the potential for overreach and the impact on morale among healthcare professionals within the VA.
Challenges and Long-Term Implications
While the bill aims to improve accountability, it raises serious questions about due process and fairness. The expedited timelines, limited appeals, and overriding of collective bargaining agreements could create a climate of fear and instability within the VA. While the bill includes whistleblower protections (SEC. 2), the overall emphasis on swift disciplinary action could discourage employees from reporting wrongdoing for fear of retaliation. The long-term impact on employee morale, recruitment, and retention within the VA remains a significant concern.