Congress clashes over VA union power as critics warn it weakens accountability and patient safety

On December 2, 2025, a bipartisan agreement in Congress was reached to ease the process for the Department of Veterans Affairs (VA) to fire employees, as part of a broader push for VA accountability. This deal, years in the making, is aimed at ensuring the VA is better equipped to handle employee misconduct and performance issues, ensuring veterans receive the quality care they deserve. The legislation follows a long history of concerns about employee malfeasance and operational failures within the VA, including the 2014 wait-time scandal at the Phoenix VA Medical Center, where delays led to the deaths of 40 veterans.

“The need for reform has been clear since the Phoenix scandal, but it is critical that any legislation also balances the need for accountability with fair treatment for hardworking public servants,” said Dr. David Shulkin, former Secretary of the VA.

The new agreement reflects a sensitive balancing act between improving accountability within the VA while also protecting employees from unfair dismissals. As part of the deal, a longer appeal process and certain protections for unionized employees were added to the bill, though it is still being fiercely contested.

Key Details of the VA Accountability Legislation

Category	Details
Legislation	VA Accountability Bill
Purpose	Ease process for firing VA employees
Key Sponsors	Sen. Marco Rubio (R-FL), Rep. Phil Roe (R-TN)
Target	VA employees, especially those with poor performance or misconduct
New Provisions	Lower burden of proof, independent accountability office
Disciplinary Measures	VA executives held to stricter standards
Appeal Process	180 days for employees to appeal (Senate version)
Union Opposition	American Federation of Government Employees opposes bill
House vs Senate	House passed a stricter version; Senate softened some provisions

VA Accountability Bill: A Historical Context

This recent agreement on the VA accountability bill follows a decade-long struggle to address systemic failures in the VA. The 2014 Phoenix VA scandal, where 40 veterans died waiting for medical care due to secret waiting lists, triggered nationwide outrage. In the aftermath, Congress passed legislation in 2014 that gave the VA more power to discipline executives involved in the scandal, but it had little lasting effect. A 2017 case in which Sharon Helman, the director of the Phoenix VA, was fired for her role in the scandal, was overturned by the courts, which complicated the VA’s ability to hold staff accountable.

The 2014 law provided some oversight but faced legal challenges, with the Obama Justice Department calling it unconstitutional. Federal appeals courts have also overturned previous VA firings, demonstrating the complexity of firing procedures at the department.

“The legislation is necessary to maintain trust in the VA system, especially after the Phoenix scandal, but we need to be cautious to ensure that it doesn’t strip rights from hard-working employees,” explained Professor Lisa Barnes, a public policy expert at Georgetown University.

Provisions in the Senate Version of the Bill

The Senate bill, introduced after bipartisan negotiations, softens some provisions that were previously passed by the House. In particular, it provides a longer appeal period (180 days) for fired employees to contest their dismissal, as opposed to the 45 days allowed in the House bill. It also provides additional protections for unionized workers, which has drawn opposition from some Republicans but earned support from labor groups.

Importantly, the Senate version maintains a tougher standard for VA executives, who would face more stringent consequences for misconduct compared to rank-and-file employees. While some conservative groups argue that the bill is a necessary step toward better accountability, labor unions see the proposed changes as unfair to public employees and detrimental to union rights.

“The struggle between accountability and worker protection is nothing new, but finding a middle ground in the VA is key to ensuring quality care for veterans without overstepping rights,” said Dan Caldwell, policy director of Concerned Veterans for America.

Impact on Veterans and Their Care

Despite the ongoing debate over the bill’s provisions, VA Secretary David Shulkin has emphasized that reforms are essential to improving the quality of care veterans receive. The bill is part of a broader push to improve the efficiency of the VA and ensure that veterans are receiving timely, competent care.

Addressing both staffing issues and management failures is seen as critical to restoring confidence in the department and addressing ongoing patient safety problems, like the recent issues uncovered at the VA medical center in Washington, D.C. The VA inspector general reported new safety lapses in the facility, where patients were placed at unnecessary risk due to mishandling of surgical instruments.

“The challenge with the VA is not just firing bad employees but ensuring that reforms don’t penalize the good staff who are working hard to serve veterans,” said Mike O’Donnell, a healthcare policy expert with Veterans for Reform.

Unions, Republicans, and the Politics of VA Reform

The bill has sparked significant tension between Republicans, who argue that stronger accountability is necessary, and Democrats and union groups, who believe the bill undermines worker protections. The American Federation of Government Employees (AFGE), the largest federal employee union, has been outspoken in its opposition, arguing that the bill tramples on the rights of honest and hard-working public sector employees.

In contrast, conservative groups have praised the bill for addressing poor management within the VA, especially after the agency’s recent failures to prevent opioid theft and provide timely care.

“This bill would make it easier to hold bad actors accountable, which is crucial for ensuring veterans receive quality care. However, we need to be mindful of protecting the rights of workers who are doing the right thing,” said Senator Marco Rubio, a lead sponsor of the bill.

Final Thought

The VA accountability bill marks a critical moment in the long-standing effort to reform the VA. While the legislation aims to improve accountability and address performance failures, it has sparked controversy over the potential erosion of union rights and worker protections. As the bill moves through Congress, it remains to be seen whether it will pass in its current form or if further revisions will be made to balance the need for stronger oversight with protections for employees.

The coming weeks will likely see continued debate as lawmakers negotiate to ensure that the VA can provide effective, timely care for the veterans who depend on it, while also ensuring that accountability and worker rights are fairly addressed.

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