Fedweek

The VA’s decision to no longer enforce the portions of a 2014 law short-cutting appeals rights for SES members there could provide a new impetus for Congress to take up proposed broader changes across the department. The VA said it no longer would use those authorities in light of the Justice Department’s decision not to defend against a court suit by an exec disciplined under those policies, on grounds that it was unconstitutional to remove the three-member MSPB board from the process—the MSPB itself had raised warnings about that issue, which went unheeded by Congress and the White House, as the law was being considered. The VA has said that instead, it will follow the prior law which gives senior execs essentially the same appeal rights as federal employees in general. Leaders of the Veterans Affairs committees of both the House and Senate criticized the decision, questioning the department’s commitment to accountability.