[Congressional Record (Bound Edition), Volume 161 (2015), Part 8]
[Extensions of Remarks]
[Page 11341]
[From the U.S. Government Publishing Office, www.gpo.gov]




               H.R. 2999, THE FAIR VA ACCOUNTABILITY ACT

                                 ______
                                 

                            HON. MARK TAKANO

                             of california

                    in the house of representatives

                         Friday, July 10, 2015

  Mr. TAKANO. Mr. Speaker, I am proud to introduce H.R. 2999, the Fair 
VA Accountability Act, legislation that will bring real accountability 
to the VA while maintaining constitutional due process protections for 
civil service employees.
  Last year, we were horrified to learn of widespread mismanagement at 
the VA. We all felt outraged that VA employees whose actions may have 
harmed veterans remained in their jobs or sat at home for months on 
paid administrative leave. There have been other bills introduced that 
seek to bring greater flexibility to the VA to remove problem 
employees, but I believe that many do this by destroying the bedrock 
principles of our civil service, limiting due process to an extent that 
runs counter to the constitutional protections we enjoy. I think these 
bills have another failing--they likely would result in outcomes far 
different than their sponsors and proponents intend. By violating the 
due process rights of our federal employees, these bills could very 
well ensure that if followed, VA may never be able to effectively 
remove bad employees when a court finds them unconstitutional.
  The Fair VA Accountability Act increases accountability by allowing 
VA to immediately suspend without pay any employee whose misconduct 
poses a direct threat to veterans' health and safety. VA currently has 
the authority to fire employees with adequate pre-termination notice--
usually 30 days. I agree that VA needs to do a better job of utilizing 
this authority. But the only realistic reason a VA employee should be 
fired on the spot would be if his or her conduct threatened veterans' 
health and safety.
  I believe my bill provides the proper balance between the needs of 
the VA and the rights of VA employees. I also believe it provides 
sufficient due process rights to meet constitutional requirements and 
provide accused employees with a fair chance to tell their side of the 
story. Keep in mind that over 30 percent of VA employees are veterans 
themselves--the largest percentage of veteran employees among civilian 
agencies. I am proud to promote a policy that protects these employees' 
constitutional right to due process before losing their federal job.
  In addition to the immediate removal provision, my bill increases 
accountability at the VA by addressing the ``revolving door'' problem, 
prohibiting senior VA executives from receiving VA contracts for at 
least a year after they leave the VA. It also limits the use of paid 
administrative leave to 14 days, to ensure employees don't continue to 
draw paychecks while sitting at home for months.
  Finally, the Fair VA Accountability Act protects whistleblowers by 
requiring mandatory back-pay for any employee who proves that dismissal 
was a result of whistleblower retaliation. My bill also requires the IG 
to report on the percentage of employees fired who claimed 
whistleblower protections, and retains existing Title 5 protections for 
VA employees.
  As stated in a letter of support by the American Federation of 
Government Employees, this language establishes ``highly effective 
mechanisms for increasing VA accountability while preserving the due 
process rights of front-line employees so that they can still make 
lifesaving disclosures about patient harm and other mismanagement 
without the fear of immediate job loss as at-will employees.''

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