Rep. Obernolte partners with Chairman Bost on VA Accountability Act
U.S. Congressman Jay Obernolte (R-CA) has partnered with House Committee on Veterans’ Affairs Chairman Mike Bost (R-IL) in cosponsoring H.R. 4278, the Restore Department of Veterans Affairs (VA) Accountability Act, which was introduced on Friday. The bill comes in direct response to an ongoing joint investigation conducted by Rep. Obernolte and Chairman Bost into a flood of credible whistleblower reports alleging a hostile work environment at VA Loma Linda.
The Restore VA Accountability Act would strengthen the Department of Veterans Affairs authority to quickly and fairly discipline problematic employees and hold them accountable to the veterans they serve. This would help to address one of the major complaints highlighted by the Loma Linda whistleblowers, who have highlighted numerous instances in which employees were found to have repeatedly facilitated hostile work environments but have not been removed or adequately disciplined for their behavior.
“America’s veterans answered the call to defend our country and the values we hold dear. In return, we made a commitment to them, and we must do all we can to deliver the best possible support and care when they return to civilian life,” said Rep. Obernolte. “The Department of Veterans Affairs must be able to provide a productive work environment for its own employees if we hope to successfully deliver on that promise. The whistleblower reports made to my office in recent months have unfortunately make it clear that we are falling short of that goal. By coming forward, these individuals are helping to create a better VA for all of America’s veterans. The Restore VA Accountability Act was crafted to address the critical deficiencies in VA policies highlighted by the Loma Linda whistleblowers, and I am honored to have worked alongside Chairman Bost to create legislation that solves these problems.”
While Congress addressed systematic accountability issues at the Department of Veterans Affairs with the VA Accountability and Whistleblower Protection Act in 2017, recent decisions from the Federal Circuit, Federal Labor Relations Authority and the Merit Systems Protection Board have neutralized many of the law’s vital authorities. This issue was one of many raised with VA Secretary Denis McDonough in a formal letter sent by Rep. Obernolte and Chairman Bost in April.
The Restore VA Accountability Act reinstates the intent of Congress in the 2017 law and addresses the holes left by court and policy decisions, streamlining the disciplinary process at the VA and granting the department greater disciplinary authority for unsatisfactory managers and supervisors. Furthermore, the bill ensures VA decisions supported by substantial evidence are upheld on appeal, unlocks expedited removal, demotion or suspension authority for use with all categories of VA employees, and negates the requirement for a performance improvement plan prior to disciplinary action.
“It’s vitally important that any VA Secretary have the tools they need to run a successful organization and deliver our veterans with the top-notch care, benefits, and services they have earned. In order to best serve veterans, the VA Secretary must have the authority to quickly and fairly remove, demote, or suspend bad employees who are undermining the quality of services that our veterans have earned. The bipartisan 2017 VA Accountability Act gave the Secretary that authority. Yet, administrative courts have issued decisions that ignore Congress’s intent by limiting the law’s applicability, leading VA to declare the 2017 law unusable. As its stand today, the Secretary’s hands are tied and failing employees continue to be employed at VA. That is unacceptable to me,” said Chairman Bost.
Read the full text of the legislation here.