HR4278-118

Reported

To amend title 38, United States Code, to modify personnel action procedures with respect to employees of the Department of Veterans Affairs, and for other purposes.

118th Congress Introduced Jun 22, 2023

Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.

Summary

What This Bill Does

This bill creates new expedited disciplinary procedures for VA supervisors, modifies existing procedures for senior executives and other VA employees, and limits appeals of disciplinary actions. It requires decisions within 15 business days, reduces the factors considered in disciplinary decisions for supervisors and senior executives, and bars Merit Systems Protection Board appeals. It also commissions studies of VA management by the National Academy of Public Administration and the GAO.

Who Benefits and How

Veterans and VA leadership benefit from faster ability to discipline or remove underperforming or misbehaving employees. The VA Secretary gains expanded unilateral authority over personnel actions with reduced procedural requirements and limited judicial or MSPB review of penalties.

Who Bears the Burden and How

VA supervisors bear significantly reduced due process protections, including no performance improvement plans, expedited timelines, and only two factors considered in disciplinary decisions. VA senior executives lose the ability to have courts review or mitigate penalties. All covered VA employees face reduced appeal rights and faster disciplinary timelines.

Key Provisions

  • Creates new Section 712 allowing expedited removal/demotion/suspension of VA supervisors based on only two factors, with 15-day decision timeline (Section 2)
  • Modifies Section 713 to add substantial evidence standard and limit judicial review of penalties for senior executives (Section 3)
  • Modifies Section 714 to add structured decision factors, remove performance improvement plan requirements, and limit court review for other VA employees (Section 4)
  • Requires National Academy of Public Administration study of VA management structures within 18 months (Section 5)
  • Requires GAO study of VHA oversight functions within one year (Section 6)

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers.

At a Glance

What This Bill Does

Strengthens the VA Secretary's authority to remove, demote, or suspend VA employees for performance or misconduct by streamlining disciplinary procedures, limiting appeals, and requiring independent studies of VA management and oversight structures.

Key Policy Areas

Veterans Affairs, Federal Workforce Management, Government Accountability

Primary Purpose

Strengthens the VA Secretary's authority to remove, demote, or suspend VA employees for performance or misconduct by streamlining disciplinary procedures, limiting appeals, and requiring independent studies of VA management and oversight structures.

Policy Domains

Veterans Affairs Federal Workforce Management Government Accountability

VA Management and Oversight Studies

Identified Gains
Contextual inference, no direct clause citation
  • Congress
  • Veterans
  • National Academy of Public Administration
Model: N/A | Version: bill_summary_v2 | Source: rh

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • VA Secretary (reporting obligations)
  • GAO (study mandate)
Model: N/A | Version: bill_summary_v2 | Source: rh

Contextual inference, no direct clause citation

VA Employee Disciplinary Modifications

Identified Gains
Contextual inference, no direct clause citation
  • VA Secretary / VA Leadership
Model: N/A | Version: bill_summary_v2 | Source: rh

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • VA employees subject to discipline
Model: N/A | Version: bill_summary_v2 | Source: rh

Contextual inference, no direct clause citation

VA Supervisor Disciplinary Procedures

Identified Gains
Contextual inference, no direct clause citation
  • VA Secretary / VA Leadership
  • Veterans (via improved accountability)
Model: N/A | Version: bill_summary_v2 | Source: rh

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • VA supervisory employees
Model: N/A | Version: bill_summary_v2 | Source: rh

Contextual inference, no direct clause citation

VA Senior Executive Disciplinary Modifications

Identified Gains
Contextual inference, no direct clause citation
  • VA Secretary / VA Leadership
Model: N/A | Version: bill_summary_v2 | Source: rh

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • VA senior executives
Model: N/A | Version: bill_summary_v2 | Source: rh

Contextual inference, no direct clause citation

Legislative Progress

Reported
Introduced Committee Passed
Mar 15, 2024

Additional sponsors: Mr. Issa, Mrs. Radewagen, Mr. Bergman, Mr. Obernolte, …

Mar 15, 2024

Reported with an amendment, committed to the Committee of the …

Jun 22, 2023

Mr. Bost introduced the following bill; which was referred to …

Stakeholder Effects

cui bono?

How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.

Government
9 mentions across 4 clauses
+5 positive -4 negative

Merit Systems Protection Board, VA Secretary / VA Leadership, VA employees

Positive-direction: Merit Systems Protection Board, VA Secretary / VA Leadership

Negative-direction: VA employees, VA senior executives, VA supervisory employees

7/7
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Veterans Affairs Federal Workforce Management
Actor Mappings
"federal"
→ ['VA Secretary', 'Department of Veterans Affairs']
Domains
Veterans Affairs Federal Workforce Management
Actor Mappings
"federal"
→ ['VA Secretary']
Domains
Veterans Affairs Federal Workforce Management
Actor Mappings
"federal"
→ ['VA Secretary']
Domains
Government Accountability Veterans Affairs
Actor Mappings
"federal"
→ ['National Academy of Public Administration', 'Comptroller General', 'VA Secretary']

Note: {'scope_ids': ['supervisor_discipline', 'employee_discipline'], 'description': 'Supervisors face far fewer decisional factors (2 vs 5) than other employees for the same types of disciplinary actions, creating an inconsistent framework.'}

Key Definitions

Terms defined in this bill

2 terms
"" §covered individual

"" §substantial evidence

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology