Senators introduce sweeping VA accountability measure [View all]

http://www.militarytimes.com/articles/senate-va-accountability-bill-rubio-isakson-tester

Senators introduce sweeping VA accountability measure

By: Leo Shane III, May 11, 2017

WASHINGTON — A bipartisan group of senators will introduce a new Veterans Affairs accountability legislation Thursday that features a sped-up firing process for misbehaving employees, a mechanism for stripping those workers of ill-gotten bonuses, and an endorsement from key congressional leaders. The measure represents lawmakers’ best chance at sweeping department reforms since the wake of the 2014 VA wait times scandal, which forced the resignation of then VA Secretary Eric Shinkseki and thrust problems at the massive bureaucracy into the public consciousness. It also would reinforce President Donald Trump's repeated promises to clean up the embattled department, ridding it of what he sees as widespread incompetence and apathy in the workforce.

It comes after repeated failed attempts last year between House and Senate veterans policy leaders to find a compromise on changes to department employment rules after accusations the proposals cut too deeply into federal workers' rights. This legislation, which closely matches similar proposals passed by the House earlier this year, already has the endorsement of top leaders from both chambers.
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The introduction comes just two days after a federal court struck down a 2014 law which shortened the appeals process for senior VA executives. Members of Congress had called that rule change an important tool to rid the department of problematic managers, but the appeals court ruled the law was unconstitutional because it violated protections for those federal employees.

Whether the new law can hold up under the same legal scrutiny remains to be seen. Federal union officials have criticized past proposals as unfairly blaming staffers for systemic failures at the department and unjustly depriving them of due process. They’ve also lamented lawmakers’ attempts to treat VA employees differently than other federal workers, questioning the need for new rules for a single department.
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Under the measure, the VA secretary would have the authority to reprimand or fire any senior executive in a 21-day internal department grievance process. Rank-and-file employees would have similar job actions appealed to the Merit Systems Protection Board, with a review process of no more than 180 days. Both are significantly shorter time frames than existing rules.

The legislation also includes language which would allow VA leaders to claw back employee bonuses or relocation expenses, or reduce a former employee’s pension, if they are convicted of a felony related to their job. VA leaders in recent years have maintained they have no current authority to take those kinds of punitive actions.

Under the bill, VA leaders would be required to provide more training on whistleblower rights and be prohibited from firing employees who have filed complaints through official channels.
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