VA Accountability Act Signed into Law

Published On: June 23rd, 2017

Today President Trump signed the Department of Veterans Affairs Accountability and Whistleblower Protection Act into law. This law makes permanent the Veterans Affairs (VA) Whistleblower Office he created in April.

The law will also speed up the disciplinary process and gives VA Secretary the authority to discipline employees at all levels, and hold them accountable for their wrongdoing. It would also protect whistleblowers from retaliation and reprisal, require training of all VA employees about whistleblower protections, streamline the authority for the VA Secretary to rescind bonuses and relocation expense reimbursement when necessary, and allow reductions to certain retirement pensions upon conviction for misconduct.

“This legislation provides the VA Secretary the authority needed to hold employees accountable for their wrongdoing, and strengthens protections for whistleblowers who are committed to the health and wellbeing of veterans. Our veterans deserve a VA they can have trust in, and these commonsense solutions are key to restoring that confidence,” said Senator John McCain.

“The administration is committed to ensuring the nation’s veterans have access to the care, services, and benefits they have earned,” the White House said in a statement about the legislation. “To achieve this goal, it is critical that employees of the Department of Veterans Affairs (VA) are held to the highest performance standards, and that they are accountable when those standards are not met.”

Specifically, the VA Accountability and Whistleblower Protection Act would:

  • Authorize the secretary to reprimand, suspend, involuntarily reassign, demote, or remove a covered individual from a senior executive service position, including removal from civil service, if the secretary determines that their misconduct or performance warrants such an action, subject to a VA-internal grievance process established by the secretary that must be completed within 21 days.
  • Authorize the secretary to remove, demote, or suspend for longer than 14 days without pay, subject to an appeal of their removal or demotion to the MSPB for most non-senior executive service (SES) employees. The MSBP would then have 180 days to complete an expedited appeal and render a final decision, subject to judicial review by the U.S. Federal Circuit.
  • Protect whistleblowers from retaliation by not allowing the secretary to use this authority to fire employees who have filed a complaint with the Office of Special Counsel (OSC). The proposal would also establish an Office of Accountability and Whistleblower Protection for employees to bring to light major problems at the VA without losing their job or facing retaliation.
  • Streamline authority for the secretary to rescind an employee’s bonus or relocation expense reimbursement if the secretary deems it appropriate, and allow reduction to an SES employee’s retirement pension upon their conviction of a felony related to work performance.
  • Require the VA to provide periodic training to each supervisor on the rights of whistleblowers; how to address a report by an employee of a hostile work environment, reprisal, or harassment; how to effectively motivate, manage, and reward employees; and how to effectively manage employees who are performing at an unacceptable level.
  • Authorize the secretary to directly appoint individuals to the positions of Medical Center Director and Director of Veterans Integrated Service Network (VISN) if they have demonstrated ability in the medical profession, health care administration, or health care fiscal management.
  • Require the VA to provide reports to Congress on employee morale and the types of administrative action taken against employees and their effectiveness in disciplining employees.

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