On the recordJune 21, 2017
earlier this month, the Senate passed by voice vote the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017. I recognize this bill is the result of a bipartisan compromise, and I commend Senator Tester, ranking member of the Senate Veterans' Affairs Committee, for his efforts to find agreement on this particularly challenging issue. Everyone in a position of public trust, particularly those serving at the VA, must be held accountable for their actions. Whistleblowers must also be protected so that misconduct can be brought to light. This balance between accountability and transparency is essential to ensure that the services provided to the public--particularly to veterans--are of the highest quality and that we can attract the best and brightest to Federal service. Unfortunately, while the bill passed by Congress seeks to strike the appropriate balance, I remain seriously concerned about some of the bill's provisions which would expedite the process of terminating employees of the Department of Veterans Affairs, VA, by reducing current due process protections. To ensure the integrity of the Federal civil service, it is essential that Federal employees have access to constitutionally protected due process rights. Specifically, the bill lowered the evidentiary standard for firing rank-and-file employees for misconduct from ``preponderance'' of the evidence, 50 percent or more, to substantial, 30 percent or more.…
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