
More second thoughts are emerging in Congress regarding a law enacted last year shortening the disciplinary process for VA employees and lowering the burden of proof for management in certain appeals—changes that have been widely viewed as a possible precedent for application government-wide.
Four Senate Democrats active in veterans issues have asked the IG of the department to “conduct a thorough review” of how the agency is carrying out the law, adding that the department has not provided Congress with sufficient information, including some that is legally required, to assess whether implementation is consistent with the law’s intent.
“We have had numerous VA employees and their representatives contact our offices about the law’s implementation, indicating that the authorities provided by the law are being used in an inconsistent and inappropriate manner,” they wrote.
While the letter did not provide details, unions representing VA employees have complained that the shortened process denies employees an opportunity required by law to show improvement before being disciplined for poor performance, and that disciplinary actions in general have fallen disproportionately on lower-level employees. Some of the same senators earlier had expressed similar concerns directly to the department.
Meanwhile, HR-6101 has been introduced in the House to repeal those authorities and the House Veterans Affairs Committee has said it will hold hearings in the next month on how the law is being applied.