S 124 — Restore VA Accountability Act of 2025

Summary

Restore Department of Veterans Affairs Accountability Act of 2025 or the Restore VA Accountability Act of 2025This bill modifies personnel action procedures regarding certain employees and executives of the Department of Veterans Affairs (VA). The bill authorizes the VA to remove from civil service, demote, or suspend VA employees that are supervisors or managers if the VA determines by substantial evidence that the performance or misconduct of such individual warrants such action. This authority does not apply to certain appointees or individuals in their probationary or trial period.Supervisors or managers who are subject to a removal, demotion, or suspension under this bill are entitled to (1) advance notice of the action and supporting evidence, (2) representation by an attorney or representative, and (3) grieve the action in accordance with an internal grievance process.The bill also provides protections from removal, demotion, or suspension for supervisor or managers who are whistleblowers or are seeking corrective action for an alleged prohibited personnel practice such as discrimination.The bill also modifies the procedures to remove, demote, or suspend VA employees or senior executives based on performance or misconduct, specifically by requiring the VA to determine by substantial evidence that the performance or misconduct of the individual warrants such removal, demotion, or suspension. Such procedures must apply retroactively, beginning on the date of enactment of the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017 (June 23, 2017).

Bill Text

• Introduced Introduced in Senate Current html January 16, 2025

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill modifies disciplinary procedures for supervisors and certain employees at the Department of Veterans Affairs, establishing new standards for removals, demotions, and suspensions based on performance or misconduct.

• Title 38, United States Code, after section 711

  Sec. 712. Supervisors: removal, demotion, or suspension based on performance or misconduct (a) In General.--The Secretary may remove from civil service, demote, or suspend a covered individual who is an employee of the Department if the Secretary determines by substantial evidence that the performance or misconduct of the covered individual warrants such action.

  Introduces new procedures for the removal, demotion, or suspension of supervisors based on performance or misconduct.

• Title 38, United States Code, after section 711

  (b) Rights and Procedures.--(1)(A) When making an initial decision under subsection (a) with respect to determining whether a covered individual should be removed, demoted, or suspended, the deciding employee of the Department shall exclusively apply the following factors: (i) The nature and seriousness of the offense, and its relation to the covered individual's duties, position, and responsibilities, including whether the offense was intentional or technical or inadvertent, or was committed maliciously or for gain, or was frequently repeated. (ii) The covered individual's job level and type of employment, including supervisory or fiduciary role, and prominence of the position.

  Specifies factors the Secretary must consider when deciding on disciplinary actions against supervisors.

• Title 38, United States Code, after section 711

  (2) A covered individual subject to an action under subsection (a) is entitled to-- (A) advance notice of the action and a file containing all evidence in support of the proposed action; (B) be represented by an attorney or other representative of the covered individual's choice; and (C) grieve the action in accordance with an internal grievance process.

  Provides rights to covered individuals facing disciplinary actions, including representation and the right to grieve the action.

• Title 38, United States Code, after section 711

  (4) The procedures under chapter 43 of title 5 shall not apply to a removal, demotion, or suspension under this section, and the Secretary may carry out such a removal, demotion, or suspension without first placing a covered individual on a performance improvement plan.

  Excludes certain existing procedures from applying to removals, demotions, or suspensions of supervisors at the Department.

• Title 38, United States Code, after section 711

  (d) Judicial Review.--(1) A covered individual adversely affected by a final decision under this section that is not grieved, or by a grievance decision under subsection (b)(2)(C), may obtain judicial review of such decision.

  Establishes the right for individuals to seek judicial review of certain final decisions regarding disciplinary actions.

• Section 713 of title 38

  (1) in subsection (a) (A) in paragraph (1), by inserting ``by substantial evidence'' after ``determines'';

  Modifies the standard of evidence required for decisions regarding disciplinary actions for senior executives.

Action History

1. January 16, 2025

   Introduced in Senate

2. January 16, 2025

   Read twice and referred to the Committee on Veterans' Affairs.

3. March 11, 2025

   Committee on Veterans' Affairs. Hearings held. Hearings printed: S.Hrg. 119-35.

Sponsors

• Jerry Moran · Primary
• Tommy Tuberville · Cosponsor
• Bill Cassidy · Cosponsor
• Jim Banks · Cosponsor
• Marsha Blackburn · Cosponsor
• John Boozman · Cosponsor
• Tim Sheehy · Cosponsor
• Kevin Cramer · Cosponsor
• Thomas Tillis · Cosponsor
• Pete Ricketts · Cosponsor
• Rick Scott · Cosponsor
• James E. Risch · Cosponsor
• Lindsey Graham · Cosponsor
• Ted Budd · Cosponsor
• Bill Hagerty · Cosponsor
• Mike Rounds · Cosponsor
• Ted Cruz · Cosponsor
• Ashley Moody · Cosponsor
• Dan Sullivan · Cosponsor

Subjects