Deluzio, Fitzpatrick Introduce Bipartisan Protecting VA Employees Act

WASHINGTON, D.C. — Today, Congressman Chris Deluzio (D-PA-17) and Congressman Brian Fitzpatrick (R-PA-01) introduced the bipartisan Protecting VA Employees Act of 2023. This bill will make sure that Department of Veterans Affairs (VA) employees are treated the same as other federal employees when it comes to removal, demotion, and suspension policies. 

Loopholes in the VA Accountability and Whistleblower Protection Act of 2017 were intended to protect employees who come forward to report systemic issues at the VA and to hold leadership accountable. However, VA has instead used these provisions to systematically and wrongfully fire thousands of low-level VA employees for minor infractions.  

“Our government has a sacred obligation to support those who have served our nation in uniform. And VA employees are the civil servants working every day to make sure America lives up to that duty,” said Rep. Deluzio. “No VA employee should fear speaking out will cost them their job, and it is common sense to have uniform standards for federal workers. I’m proud to put forward this bipartisan legislation with Congressman Fitzpatrick to strengthen our VA workforce and improve accountability for my fellow veterans.” 

“Thirty percent of employees at the Department of Veterans Affairs (VA) are veterans themselves. Many of these civil servants provide excellent care to the brave men and women who served our nation, and should be held to the same removal, demotion, and suspension standards as all federal employees,” said Rep. Fitzpatrick. “Our bipartisan bill will streamline policies across federal government, and I am proud to partner with Congressman Deluzio on this effort to bolster fairness and accountability.” 

The Protecting VA Employees Act would protect VA workers by making two key changes to the 2017 “Accountability Act.” First, it would restore the power of the Merit Systems Protection Board (MSPB) and arbitrators to reduce any employee punishment imposed by the VA if they conclude after hearing the evidence the punishment is too harsh. Restoring this power to a neutral, third-party will prevent the VA from imposing either unnecessary or unduly severe penalties, because there is an understanding that unfair punishments will be overturned and that the appeals process is likely costly and time-consuming if the agency overreaches. 

Second, the bill would restore the previous evidentiary standard that applied when an employee appeals a disciplinary action, changing it back to a “preponderance of the evidence” standard instead of the current “substantial evidence” standard. This change places a higher burden of proof on the employer, the VA, to show that an employee committed the alleged misconduct, and that the penalty is reasonable under the circumstances.   

The Protecting VA Employees Act is supported by the American Federation for Government Employees (AFGE). The full text of the bill is available here.

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