The law shortened the notice and response time within the VA, shortened the time that the MSPB can consider an appeal, among other measures. Image: Thomas Trompeter/Shutterstock.com
By: FEDweek StaffIn an executive order, President Trump has told the VA to revert to the management-friendly disciplinary policies in a 2017 law that the department under the Biden administration had stopped using.
“During my first term, I signed legislation to increase accountability and expand benefits and choices for veterans in accessing care, and my second term will build on those efforts. Accountability will return to the Department,” Trump said in the order.
It says the VA “take appropriate action against individuals who have committed misconduct, making full use of” the special authorities under that law. The law shortened the notice and response time within the VA, shortened the time that the MSPB can consider an appeal, required that the department need only show “substantial” evidence supporting its decision in an appeal to the MSPB, and said that the MSPB cannot lessen a penalty the department chooses, only either affirm or overturn it.
At the time, the law was seen as a potential model for similar restrictions government-wide. However, in 2023 the VA stopped using those authorities, saying that standard civil service disciplinary procedures were sufficient. The VA also said that using that authority had mainly resulted in tying it up in legal challenges over the extent of the special powers—which resulted in a number of rulings against the department, interpreting those powers more narrowly.
Those limits apparently would still apply to any future use of those authorities. Meanwhile, bills designed to overcome those rulings—and add still more provisions in favor of management—have been introduced in the prior Congress and again in the current one (HR-472 and S-124).
In addition to reinstating those procedures, the order tells the VA to “investigate and take steps to rectify the previous administration’s decision to rehire and reinstate back pay for employees previously fired for misconduct and direct such savings back toward care, benefits, and services for veterans, in accordance with all applicable laws.”
Those policies are part of a broader order that among other things tells the VA to explore options for reducing health care wait times for veterans. Such options could include expanding office hours, offering weekend appointments, increasing the use of virtual healthcare and “offering treatment to veterans at select military treatment facilities and military beneficiaries at VA facilities with appropriate reimbursement.”
Key Bills Advancing, but No Path to Avoid Shutdown Apparent
TSP Adds Detail to Upcoming Roth Conversion Feature
White House to Issue Rules on RIF, Disciplinary Policy Changes
DoD Announces Civilian Volunteer Detail in Support of Immigration Enforcement
See also,
How Do Age and Years of Service Impact My Federal Retirement
The Best Ages for Federal Employees to Retire
How to Challenge a Federal Reduction in Force (RIF) in 2025
Should I be Shooting for a $1M TSP Balance? Depends…
FERS Retirement Guide 2025 – Your Roadmap to Maximizing Federal Retirement Benefits
