Legislation from U.S. Sen. Jerry Moran (R-KS) and a bipartisan group of senators would establish new employee accountability measures within the Department of Veterans Affairs (VA), as well as new protections for whistleblowers.
The VA Accountability and Whistleblower Protection Act, S. 1094, would authorize the VA secretary to reprimand, suspend, reassign, demote or terminate employees from senior executive service positions when justified by employee misconduct or performance.
“For far too long, the VA has been unable to remove bad actors who either harm veterans or fail in their duties to serve our nation’s heroes,” Moran, the chairman of the Senate Appropriations Subcommittee on Military Construction, Veterans’ Affairs and Related Agencies, said. “This legislation will make certain the VA has the authority to terminate employees and protect whistleblowers.”
VA Secretary David Shulkin has expressed his support for accountability legislation on several occasions, Moran noted.
Under the bill, the secretary also would be given authority to remove, suspend or demote employees without pay for longer than 14 days, and the U.S. Merit Systems Protection Board (MSPB) would have up to 180 days to render a decision on appeals that would be subject to review by the U.S. Federal Circuit under the bill.
“Additionally, this bill holds VA employees accountable by making certain they do not receive the same benefits as honest, hardworking VA employees if they are found guilty of a felony related to their employment,” Moran said. “I will continue to demand accountability to help ensure veterans are supported by a department worthy of their service and sacrifice.”
To protect whistleblowers, S. 1094 would prohibit the secretary from firing employees who file complaints with the Office of Special Counsel (OSC), and an Office of Accountability and Whistleblower Protection would be established to enable employees to highlight problems without the risk of retaliation.
The VA would be required to provide periodic training on the rights of whistleblowers under the bill, and the VA would be required to report to Congress on types of administrative action taken against employees, and the effectiveness of those actions in disciplining employees.