VA Cannot Use 2017 Accountability Law to Terminate “Hybrid” Employees
A GS-5 Nursing Assistant occupying a “hybrid” Title 38/Title 5 position was terminated from the Department of Veterans Affairs pursuant to the relatively recent expedited removal authorities of 38 U.S.C. § 714 (2017).
Coalition of Agencies Push for Cyber Workforce Paradigm Shift
The drumbeat of agencies, working groups, and commissions calling for heightened national attention to the cybersecurity workforce ratcheted up again last week, with a new report from the interagency Federal Cyber Workforce Management and Coordinating Working Group advocating for “strategic changes” to the nation’s approach to developing a cyber workforce.
Nominations Update: Over 400 Positions Filled, Several Hundred to Go
President Biden has to fill roughly 4,000 politically appointed positions in the executive branch and independent agencies. Of these, roughly 1,200 require Senate confirmation.
VHA Staffing Shortages Worsen After Years of Improvement
In a recent report, the Office of Inspector General (OIG) at the Department of Veterans Affairs (VA) found Veterans Health Administration (VHA) personnel shortages after years of improvement.
VA Accountability Office, Whistleblower Protection May See Restructuring
The House Veterans Affairs Committee (HVAC) has discussed a proposed restructure to the Department of Veterans Affairs (VA) Office of Accountability and Whistleblower Protection (OAWP).
Proposed Legislation to Ensure Relief for All Toxic-Exposed Veterans
A year-long, bipartisan initiative is set to deliver health care and benefits under the Department of Veterans Affairs (VA) to all toxic-exposed veterans.
VA Reconsiders Workforce Benefits to Address Health Care Staffing Challenges
In a meeting with stakeholders and local staff, Secretary Denis McDonough affirmed burnout and low salaries are causing poor employee retention at the Department of Veterans Affairs (VA).
House Lawmakers Encourage VA to Expand Recruiting Capabilities, Urge Lead on Medical Innovation
House Committee on Veterans' Affairs Chairman Rep. Mark Takano (D-CA) and Ranking Member Rep. Mike Bost (R-IL) proposed legislation that aims to improve the Department of Veterans Affairs (VA) ability to produce medical advancements.
As Federal Agencies Disclose Vaccine Enforcement Actions, the Disciplinary Process Begins
As the vaccine mandate deadline looms for federal employees, agencies are beginning to plan and initiate their enforcement plans. On October 18, 2021, the Department of Defense (DOD) announced in a memo “progressive enforcement actions” regarding vaccine mandates for civilian employees, contractors, and visitors.
President Biden Mandates COVID-19 Vaccination for Federal Employees
On September 9, 2021, President Biden issued an “Executive Order on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees,” an executive order “requir[ing] COVID-19 vaccination for all Federal employees, subject to such exceptions as required by law.”
Federal Circuit Disputes VA’s Interpretation of 2017 “Accountability” Law
In two opinions issued on August 12, 2021, the United States Court of Appeals for the Federal Circuit found that the Department of Veterans Affairs erroneously interpreted the provisions of the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017 when disciplining its employees. The purpose of the 2017 law, codified at 38 U.S.C. § 714, was to provide for expedited discipline of VA employees, strip MSPB of its authority to mitigate the VA’s chosen penalty, and to impose a less rigorous burden of proof on the agency at the appellate level than a traditional MSPB appeal.
Federal Circuit: For the Third Time, No Retroactive VA “Accountability”
In 2017, Congress enacted the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017 (“the Act”), which provided “a singular expedited procedure for all VA employees to respond and appeal to proposed removals, demotions, and suspensions for performance or misconduct,” and according to the United States Court of Appeals for the Federal Circuit, “provides less rigorous standards and expedited procedures” to discipline, and even terminate, employees.
VA Pilots New Tool to Better Understand COVID Mortality Rates
The Department of Veterans Affairs (VA) is piloting a new artificial intelligence tool that can predict a COVID-19 patient’s prognosis and recommend next steps. Especially during the COVID-19 pandemic, hospitals have seen an influx of patients, and doctors and nurses often have to make quick, life-saving decisions in order to help their patients.
VA Launches Chatbot to Help Veterans, Caregivers Access Coronavirus Answers
The Department of Veterans Affairs (VA) has begun using a coronavirus chatbot to help veterans and caregivers find answers to questions relating to the coronavirus pandemic. The Microsoft Healthcare Bot platform was built and implemented in in less than a month for the VA and other agencies.