Whistleblower reports alleging a hostile work environment at a U.S. Department of Veterans Affairs (VA) medical center in Loma Linda, Calif., prompted U.S. Reps. Jay Obernolte (R-CA) and Mike Bost (R-IL) to introduce legislation that would modify personnel action procedures for VA employees.
The GOP-led bill aims to address a major complaint highlighted by the VA Loma Linda whistleblowers, who say numerous instances in which VA employees were found to facilitate hostile work environments have not been removed or adequately disciplined for their behavior, according to the lawmakers.
“It’s vitally important that any VA Secretary have the tools they need to run a successful organization and deliver our veterans with the top-notch care, benefits, and services they have earned,” said Rep. Bost on Tuesday. “In order to best serve veterans, the VA Secretary must have the authority to quickly and fairly remove, demote, or suspend bad employees who are undermining the quality of services that our veterans have earned.”
The bipartisan 2017 VA Accountability Act gave the VA Secretary that authority, he added, however, administrative courts have issued decisions that ignore the intent of Congress by limiting the law’s applicability, leading the VA to declare the 2017 law unusable.
“As it stands today, the secretary’s hands are tied and failing employees continue to be employed at VA,” said Rep. Bost. “That is unacceptable to me.”
To rectify the situation, Rep. Bost, chairman of the U.S. House Veterans’ Affairs Committee, on June 22 sponsored the Restore Department of Veterans Affairs (VA) Accountability Act of 2023, H.R. 4278. Rep. Obernolte on June 30 signed on as one of 12 current Republican cosponsors of the bill.
If enacted, H.R. 4278 would strengthen the VA’s authority to quickly and fairly discipline problematic employees and hold them accountable, according to a bill summary provided by the lawmakers.
Specifically, H.R. 4278 would reinstate the intent of Congress in the 2017 law and address any gaps left by court and policy decisions; streamline the disciplinary process at the VA; grant the VA greater disciplinary authority for unsatisfactory managers and supervisors; and ensure that VA decisions supported by substantial evidence are upheld on appeal, among other provisions, the summary says.
“America’s veterans answered the call to defend our country and the values we hold dear. In return, we made a commitment to them, and we must do all we can to deliver the best possible support and care when they return to civilian life,” said Rep. Obernolte. “The Department of Veterans Affairs must be able to provide a productive work environment for its own employees if we hope to successfully deliver on that promise.”
Rep. Obernolte added that the whistleblower reports recently made to his office have made it clear that Congress is falling short of that goal.
“By coming forward, these individuals are helping to create a better VA for all of America’s veterans,” he said. “The Restore VA Accountability Act was crafted to address the critical deficiencies in VA policies highlighted by the Loma Linda whistleblowers, and I am honored to have worked alongside Chairman Bost to create legislation that solves these problems.”