The "Restore VA Accountability Act of 2025" aims to enhance accountability and streamline disciplinary actions for employees within the Department of Veterans Affairs (VA). It introduces a new section, 712, to Title 38, United States Code, specifically addressing the removal, demotion, or suspension of supervisors and managers based on substantial evidence of performance or misconduct. Under these new procedures, the Secretary of the VA can take disciplinary action without first placing an individual on a performance improvement plan. The bill outlines specific factors for making initial disciplinary decisions, such as the nature and seriousness of the offense and the individual's job level. Employees are entitled to advance notice, evidence, and representation, with a strict timeline of 15 business days for the entire decision process and a grievance process to be completed within 21 days. A significant change is that actions taken under this section are not appealable to the Merit Systems Protection Board . While judicial review is permitted, courts are explicitly prohibited from reviewing or mitigating the imposed penalty, except in cases involving constitutional issues. Whistleblower protections are maintained, requiring Special Counsel approval or completion of an investigation before disciplinary action against a whistleblower. The bill also modifies existing disciplinary procedures for senior executives (Section 713) and general VA employees (Section 714). For all employees, disciplinary actions now require substantial evidence, and the requirement for a performance improvement plan before removal, demotion, or suspension is eliminated. The scope of administrative and judicial review for all covered employees is limited, preventing challenges to the severity of the penalty. Furthermore, the Act clarifies that its disciplinary procedures for general employees supersede any inconsistent collective bargaining agreements. These provisions, including the new procedures for supervisors, apply retroactively to performance or misconduct occurring on or after the enactment date of the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017. The Secretary is also granted sole discretion to apply these new disciplinary frameworks to certain Veterans Health Administration employees.
Congressional oversightDepartment of Veterans AffairsEmployee performanceEmployment discrimination and employee rightsGovernment employee pay, benefits, personnel managementGovernment studies and investigationsJudicial review and appealsVeterans' medical care
Restore VA Accountability Act of 2025
USA119th CongressS-124| Senate
| Updated: 3/11/2025
The "Restore VA Accountability Act of 2025" aims to enhance accountability and streamline disciplinary actions for employees within the Department of Veterans Affairs (VA). It introduces a new section, 712, to Title 38, United States Code, specifically addressing the removal, demotion, or suspension of supervisors and managers based on substantial evidence of performance or misconduct. Under these new procedures, the Secretary of the VA can take disciplinary action without first placing an individual on a performance improvement plan. The bill outlines specific factors for making initial disciplinary decisions, such as the nature and seriousness of the offense and the individual's job level. Employees are entitled to advance notice, evidence, and representation, with a strict timeline of 15 business days for the entire decision process and a grievance process to be completed within 21 days. A significant change is that actions taken under this section are not appealable to the Merit Systems Protection Board . While judicial review is permitted, courts are explicitly prohibited from reviewing or mitigating the imposed penalty, except in cases involving constitutional issues. Whistleblower protections are maintained, requiring Special Counsel approval or completion of an investigation before disciplinary action against a whistleblower. The bill also modifies existing disciplinary procedures for senior executives (Section 713) and general VA employees (Section 714). For all employees, disciplinary actions now require substantial evidence, and the requirement for a performance improvement plan before removal, demotion, or suspension is eliminated. The scope of administrative and judicial review for all covered employees is limited, preventing challenges to the severity of the penalty. Furthermore, the Act clarifies that its disciplinary procedures for general employees supersede any inconsistent collective bargaining agreements. These provisions, including the new procedures for supervisors, apply retroactively to performance or misconduct occurring on or after the enactment date of the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017. The Secretary is also granted sole discretion to apply these new disciplinary frameworks to certain Veterans Health Administration employees.
Congressional oversightDepartment of Veterans AffairsEmployee performanceEmployment discrimination and employee rightsGovernment employee pay, benefits, personnel managementGovernment studies and investigationsJudicial review and appealsVeterans' medical care