H.R. 472 — Restore VA Accountability Act of 2025

This section establishes a new 38 U.S.C. §712 authorizing the Secretary of Veterans Affairs to remove from civil service, demote, or suspend covered supervisory employees based on performance or misconduct supported by substantial evidence, bypassing performance improvement plans and chapter 43 of title 5, U.S. Code. The process requires an initial decision considering factors such as offense severity, intent, repetition, and the employee's supervisory role; Secretary review for substantial evidence; advance notice with evidence file; employee representation; and an internal grievance process. Timing limits the full process (notice, response, and decision) to 15 business days (with 7 business days for employee response), and grievances to fewer than 21 days after the final decision. Final decisions are not appealable to the Merit Systems Protection Board and allow limited judicial review only for arbitrary/capricious actions, procedural violations, or lack of substantial evidence (with no review of penalties except constitutional issues). Demoted employees receive reduced pay at a qualified lower grade, may not receive administrative leave during appeals unless reporting for duty or using accrued leave, and forfeit pay/benefits otherwise. Whistleblower protections prohibit actions without Office of Special Counsel approval during related cases or until resolution of disclosures to the Assistant Secretary for Accountability and Whistleblower Protection.

This section modifies procedures under 38 U.S.C. §713 for reprimanding, suspending, reassigning, demoting, or removing senior executives at the Department of Veterans Affairs (VA) for misconduct or poor performance, as follows: (1) in subsection (a), requires the Secretary's determination to be supported by substantial evidence; directs the deciding employee, for initial decisions on such actions, to exclusively apply two factors—(A) the nature and seriousness of the offense and its relation to the individual's duties, position, and responsibilities (including intent, repetition, etc.); (B) the individual's job level, type of employment, supervisory or fiduciary role, and position prominence—and requires the Secretary to review and uphold the initial decision if supported by substantial evidence; (2) in subsection (b)(3), specifies that the internal grievance process takes fewer than 21 days after the final decision under subsection (b)(2) (previously, fewer than 21 days, without that qualifier); and adds paragraph (7) prohibiting courts, except for constitutional issues, from reviewing a challenge to or mitigating the imposed penalty; and (3) adds subsection (d) applying these procedures to any such misconduct or performance beginning on enactment of the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017 (P.L. 115-41).

This section modifies disciplinary procedures for covered Department of Veterans Affairs (VA) employees (i.e., senior executives and certain other personnel) under 38 U.S.C. §714 by (1) requiring the Secretary's performance or misconduct determinations to be supported by substantial evidence; (2) directing that initial decisions on removal, demotion, or suspension consider specific factors (e.g., offense nature and seriousness, job level, past disciplinary and work record, mitigating circumstances) with Secretary review to uphold if supported by substantial evidence; (3) striking the provision superseding inconsistent collective bargaining agreements in subsection (c)(1)(D) but adding a new subsection (h) to supersede such agreements; (4) authorizing removals, demotions, or suspensions without a performance improvement plan; (5) limiting administrative judge, Merit Systems Protection Board, and court review of penalties to constitutional issues only; (6) striking subsection (d)(10); (7) clarifying applicability to misconduct since enactment of the VA Accountability and Whistleblower Protection Act of 2017; and (8) expanding the definition of covered individuals to include title 38 and title 5 appointees, hybrid employees under 38 U.S.C. §7401, and supervisors or management officials (as defined in 5 U.S.C. §7103(a)). This section further amends 38 U.S.C. §7403(f)(3) to authorize the VA Secretary's discretion, for Veterans Health Administration covered personnel, to resolve disciplinary matters under §712, §714, or title 5 procedures.