STATEMENT OF ADMINISTRATION POLICY
H.R. 1994 – VA Accountability Act of 2015
(Rep. Jeff Miller, R-FL, and 98 cosponsors)
The
Administration strongly opposes H.R. 1994, as amended by the House
Veterans’ Affairs Committee. While the Administration believes strongly
that Federal employees must be held accountable for their performance
and actions, H.R. 1994 fails to provide tools to further that goal, and
in fact would be counterproductive for the reasons expressed below.
The
bill compiles a number of separate personnel policy bills aimed solely
at the Department of Veterans Affairs’ (VA) workforce, creating a
disparity in the treatment of one group of career civil servants. The
centerpiece of the bill is a provision that allows a VA employee to be
removed from Federal service or demoted without the opportunity to
appeal that decision to the full Merit Systems Protection Board. An
employee who has been removed or demoted under this provision is instead
subject to an abbreviated review process before an administrative law
judge that may in some cases deprive employees of any appellate review
whatsoever. These provisions remove important rights, protections, and
incentives which are available to the vast majority of Federal employees
in other agencies across the Government and are essential to ensure
that Federal employees are afforded due process. Other provisions of
the bill, such as those that would mandate rotation of VA Senior
Executive employees every five years or impose arbitrary restrictions on
performance ratings provided to VA Senior Executives, would also be
disruptive and would hinder VA’s ability to function effectively on
behalf of veterans.
Under
current law, Federal employees, including VA employees, may be
terminated for a variety of reasons, ranging from absence without leave
and inability to maintain performance standards to serious offenses such
as falsification of records, misuse of government property, or sexual
harassment. While VA supports authority permitting efficient removal of
employees who have engaged in misconduct, this bill will have
unintended consequences. It would make conditions of employment in VA
significantly less attractive than in other Federal agencies or in the
private sector, and as a result, would discourage outstanding VA
employees from remaining in VA and dramatically impair VA’s ability to
recruit top talent, including veterans. Currently, VA’s Office of the
Inspector General, Office of the Medical Inspector, and the newly
established Office of Accountability Review provide strong oversight
independent of its field organizations.
The
legislation raises serious concerns under the Appointments Clause of
the U.S. Constitution. It could also raise concerns under the Due
Process Clause depending upon its application. The bill could have a
significant impact on VA’s ability to retain and recruit qualified
professionals and may result in a loss of qualified and capable staff to
other government agencies or the private sector.
If the President were presented with H.R. 1994, his senior advisors would recommend that he veto the bill.
Source: Office of Management and Budget
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