Bills
| 3.23.22

Should it be Easier for the VA to Fire Underperforming Employees While Protecting Whistleblowers? (S. 1094)

Do you support or oppose this bill?

What is S. 1094?

(Updated November 16, 2018)

This bill was enacted on June 23, 2017

This bill look to improve accountability at the Dept. of Veterans Affairs (VA) by allowing the VA to dismiss employees — including executive service employees — for misconduct or poor performance, while ensuring that whistleblowers can’t be fired in retaliation for reporting misconduct. It also would streamline the VA’s authority to rescind an employee’s bonus or relocation reimbursement, or allow reduction to their retirement pension if they’re convicted of a felony related to their work performance.

Senior executive service employees at the VA could be suspended, involuntarily reassigned, demoted, or removed for misconduct or performance following the completion of a VA-internal grievance process that must be completed within 21 days. Non-senior executive service employees could be removed, demoted, or suspended for more than 14 days pending a Merit Systems Protection Board appeal that would have to be completed within 180 days and would be subject to review by a federal circuit court.

The bill would also establish an Office of Accountability and Whistleblower Protection for employees to expose major problems without fear of retaliation. The VA would be required to train supervisors on the rights of whistleblowers; address reports of a hostile work environment; manage, motivate, and reward employees; and manage employees performing at an unaceptable level. Additionally, the VA would be required to provide reports to Congress on employee morale and the types of administrative action taken against employees and their effectiveness in disciplining employees.

The VA secretary would be authorized 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, healthcare administration, or healthcare fiscal management.

Argument in favor

If the VA is going to get its act together and give veterans a better level of care, it needs the ability to more easily fire or punish bad employees and protect whistleblowers that report misconduct.

Argument opposed

There are a lot of problems with the VA that aren’t going to be fixed by firing bad employees and protecting whistleblowers from retaliation.

Impact

Veterans receiving care from the VA; VA employees, supervisors, and whistleblowers; and Congress.

Cost of S. 1094

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Sen. Marco Rubio (R-FL) introduced this bill to give the VA greater authority to dismiss bad employees and also ensure that whistleblowers who report wrongdoing are protected from retaliation:

“To fully reform the VA and provide our nation’s veterans with the quality care they were promised and deserve, we must ensure the department can efficiently dismiss employees who are not able or willing to do their jobs. This legislation would improve on the law we enacted in 2014, and I’m grateful to Chairman Isakson and Ranking Member Tester for working with us to craft a bill that will protect whistleblowers and the many VA employees who are passionate about caring for our veterans, while also empowering the VA to hold bad employees accountable. We must make real changes that put the well-being of our servicemembers before the best interests of bureaucrats.”

This legislation passed the Senate Veterans’ Affairs Committee by voice vote and has the support of 31 bipartisan cosponsors in the Senate — including 23 Republicans, seven Democrats, and one Independent. The bill has also received a bipartisan endorsement from the two leaders of the House Veterans’ Affairs Committee.

 

Media:

Summary by Eric Revell

(Photo Credit: Veterans Health / Public Domain)