Leaders at the Department of Veterans Affairs (VA) and members of VA unions expressed their opposition on Wednesday to pending legislation known as the Restore VA Accountability Act, which would make it easier to fire poor-performing VA employees.
During a Senate Committee on Veterans’ Affairs hearing on Oct. 25, VA leaders expressed their concerns surrounding the legislation, noting that the authorities currently available to the VA are sufficient to hold employees accountable for poor performance and misconduct.
“VA is concerned that as written, the Restore Accountability Act will continue to be the subject of extensive litigation and constitutional challenges, and we strongly caution against enacting requirements that could create unintended outcomes in the future,” said Tracey Therit, chief human capital officer for the VA.
The Restore VA Accountability Act looks to restore the effectiveness of a Trump-era policy known as the VA Accountability and Whistleblower Protection Act of 2017, which expedited the removal process of poor-performing VA employees. The 2017 Accountability Act led to a 50 percent increase in removal actions.
The idea of the bill is reminiscent of the Trump administration’s October 2020 executive order that created a new “Schedule F” classification, which also made it easier to fire Federal employees.
Nevertheless, Therit told members of Congress that there are many provisions of the 2017 Accountability Act that the VA is using, and the Office of Accountability and Whistleblower Protection (OAWP) serves as a venue for VA employees “to air their concerns and grievances and have those investigated.”
Additionally, the Restore VA Accountability Act is also opposed by VA employee unions, who sent a letter on Wednesday to the Senate Committee on Veterans’ Affairs ahead of the hearing.
In the letter, the unions, who collectively represent nearly 350,000 VA employees nationwide, urged committee members to vote no on the legislation because it unfairly targets VA employees and overrides negotiated collective bargaining agreements.
“Proud nurses, doctors, and other healthcare professionals at the VA will not tolerate a return to a hostile work environment if the VA Accountability Act is restored,” National Federation of Federal Employees (NFFE) President Randy Erwin said in a statement.
“Many will leave for positions outside of Federal service and it will prove increasingly difficult to replace their experience and professionalism,” Erwin added. “For years, the VA has faced challenges with recruitment and retention. Right now, the department is experiencing a staffing crisis. Should the VA Accountability Act be restored, these issues will only be exacerbated, and our nation’s veterans will suffer the consequences.”
