What does Preamble of Restore VA Accountability Act of 2025 do?

This bill proposes to amend title 38, United States Code. It aims to establish disciplinary procedures for supervisors and managers at the Department of Veterans Affairs. The bill also intends to modify personnel action procedures for employees of the Department of Veterans Affairs.

What does SHORT TITLE. of Restore VA Accountability Act of 2025 do?

This bill is formally titled the Restore Department of Veterans Affairs Accountability Act of 2025.

What does SUPERVISORS: REMOVAL, DEMOTION, OR SUSPENSION BASED ON of Restore VA Accountability Act of 2025 do?

This section amends Title 38, United States Code, by inserting a new section concerning the removal, demotion, or suspension of supervisors based on performance or misconduct. The Secretary of the Department may remove, demote, or suspend a 'covered individual' if there is 'substantial evidence' that their performance or misconduct warrants such action. When making decisions, the Secretary must consider the nature and seriousness of the offense, the individual's job level, and other relevant factors. Covered individuals are entitled to advance notice, access to evidence, representation by counsel, and an internal grievance process. The procedures outlined in chapter 43 of title 5 do not apply, and a performance improvement plan is not required before disciplinary action. The process for notice, response, and final decision is limited to 15 business days, with a 7-day response period for the covered individual. Judicial review is available for adverse decisions not grieved or after grievance decisions, but the Merit Systems Protection Board cannot hear appeals. The definition of 'covered individual' excludes senior executive service appointees, certain political appointees, and those not yet through their probationary period.

What does SENIOR EXECUTIVES: MODIFICATION OF PROCEDURES TO REMOVE, of Restore VA Accountability Act of 2025 do?

This section amends Section 713 of Title 38, United States Code, concerning procedures for removing, demoting, or suspending senior executives. It requires the Department of Veterans Affairs to apply specific factors when making initial decisions regarding reprimands, suspensions, involuntary reassignments, demotions, or removals of covered individuals. These factors include the nature and seriousness of the offense, its relation to the individual's duties, and the individual's job level and responsibilities. The Secretary must review initial decisions and uphold them if supported by substantial evidence. The review period after a final decision is extended to 21 days. Courts reviewing appeals under this subsection may not review challenges to penalties unless the appeal presents a constitutional issue. This section applies to misconduct or performance of covered individuals beginning on the date of enactment of the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017.

What does MODIFICATION OF DISCIPLINARY PROCEDURES FOR EMPLOYEES OF THE of Restore VA Accountability Act of 2025 do?

This section modifies disciplinary procedures for employees of the Department of Veterans Affairs (VA). It amends Section 714 of Title 38, United States Code, to require the application of specific factors when determining removal, demotion, or suspension of a covered individual. These factors include the nature and seriousness of the offense, the individual's job level, past disciplinary and work records, and mitigating circumstances. The Secretary must review initial decisions and uphold them if supported by substantial evidence. The section also allows the Secretary to carry out removal, demotion, or suspension without requiring a performance improvement plan. It limits the review of penalty challenges on appeal, except for constitutional issues, by administrative judges, the Merit Systems Protection Board, and courts. The procedures outlined in this section supersede any inconsistent collective bargaining agreements. This section applies to performance or misconduct beginning on the date of enactment of the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017. For certain VA employees, disciplinary matters may be resolved under Section 712, Section 714, or Title 5.

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Restore VA Accountability Act of 2025

Last updated: 3/11/2025 · Introduced: 1/16/2025

Author: Jerry Moran (R-KS)

TL;DR (AI)

This bill establishes expedited disciplinary procedures for supervisors and senior executives at the Department of Veterans Affairs, allowing for removal, demotion, or suspension based on performance or misconduct with a focus on specific factors and limited timelines.
The bill modifies existing disciplinary procedures for other Department of Veterans Affairs employees, requiring consideration of factors like the offense's severity, job level, and past records, while also permitting disciplinary action without requiring a performance improvement plan.
Judicial review of disciplinary decisions is permitted, but challenges to penalties are restricted to constitutional issues, and the Merit Systems Protection Board is excluded from hearing appeals.

119th Congressin committeeOfficial page

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Other Sections

Includes provisions on preamble, short title., and 3 more.

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