[Congressional Record Volume 163, Number 51 (Thursday, March 23, 2017)]
[Extensions of Remarks]
[Pages E375-E376]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             H.R. 1259, VA ACCOUNTABILITY FIRST ACT OF 2017

                                  _____
                                 

                        HON. GERALD E. CONNOLLY

                              of virginia

                    in the house of representatives

                        Thursday, March 23, 2017

  Mr. CONNOLLY. Mr. Speaker, the VA Accountability First Act of 2017 
(HR 1259) represents an attack on collective bargaining at federal 
agencies and an attempt to dismantle the Civil Service Reform Act of 
1978 (CSRA, Pub. L. 95-454). The VA Accountability First Act of 2017 
would strip Department of Veterans Affairs (VA) employees of personnel 
procedures that they developed through collective bargaining with the 
VA. It would also close the window of notice provided to employees 
facing adverse personnel actions from 37 to only 10 days. By infringing 
on activities authorized by the CSRA, this bill would make it easier to 
fire an employee without good cause.
  We should remember that one-third of VA employees are veterans 
themselves. H.R. 1259, as written, would harm some of the very people 
we are trying to assist. The elimination of merit-based principles for 
workers facing adverse action could allow management to target the same 
whistleblowers who are trying to help us eliminate waste, fraud, and 
abuse at the VA.
  The bill guts the right of VA employees to use union protest 
mechanisms to effectively address hostile actions. The current 
grievance procedure is granted by statute and included in the contract 
negotiations between labor and management. The bill proposes a rushed 
management-run appeals process that does not allow good employees who 
are treated unfairly enough time to develop the requisite supporting 
information to defend their jobs. The reduced timeframe for agency 
review would be even more severe for medical professionals facing 
adverse actions related to professional conduct or competence, 
particularly because their cases typically involve complex medical 
issues.
  H.R. 1259 also strips front-line employees of their rights to appeal 
to the Merit System Protection Board (MSPB) by reducing the 
adjudication period following their dismissal and removal from the 
payroll. Employees lose 80 percent of the time at the MSPB and would 
now only have seven days to prepare their case for the United States 
Court of Appeals for the Federal Circuit.
  A thoughtful approach to these issues at the VA would strike a 
balance of promoting employee accountability and protecting employee 
rights. Unfortunately, this bill does not strike that balance, and so 
eviscerates employee protections that it could discourage 
whistleblowers from exposing waste, fraud, and abuse at the VA. I 
strongly oppose the VA Accountability First Act because of the 
destructive effects it would have on the VA workforce and veterans 
alike.

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