Mark Takano: “Instead, the majority has once again introduced a partisan bill that violates the due process rights of VA employees and…”

“Instead, the majority has once again introduced a partisan bill that violates the due process rights of VA employees and includes several provisions that are likely to be overturned by our justice system, which is why the Department of Justice, Office of Personnel Management, and the VA itself have all raised serious objections. Even though 30 percent of VA employees are veterans themselves, the majority is treating their constitutional rights as inconvenient obstacles to evade instead of fundamental civil service protections to uphold. Finally, I believe that the majority's efforts to institute new whistleblower provisions would be overturned for the same reason that the U.S. Attorney General's office said it would not defend an unconstitutional section of the Choice Act. It violates the Appointments Clause in the Constitution by allowing lower level government employees to have the final decisionmaking authority to decide whether an employee will be fired. These are more than minor legal concerns. They are reasons why VA employees who commit misconduct will not be held accountable when their terminations are challenged in court. We can pass H.R. 5620, but we will be right back here a year from now or 2 years from now when the law is deemed unconstitutional. I urge my colleagues to oppose the rule and the underlying bill. {time} 1345”