Strengthening Whistleblower Protections At the Department of Veterans Affairs Act
Floor Speech
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Mr. TAKANO. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 8510) to amend title 38, United States Code, to make certain improvements to the Office of Accountability and Whistleblower Protection of the Department of Veterans Affairs, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows: H.R. 8510
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Whistleblower Protections at the Department of Veterans Affairs Act''. SEC. 2. COUNSEL OF OFFICE OF ACCOUNTABILITY AND WHISTLEBLOWER PROTECTION.
Subsection (e) of section 323 of title 38, United States Code, is amended--
(1) by inserting ``(1)'' before ``The Office''; and
(2) by adding at the end the following new paragraph:
``(2) The Assistant Secretary shall appoint a Counsel of the Office, who shall be a career appointee in the Senior Executive Service and shall report to the Assistant Secretary. The Counsel shall provide the Assistant Secretary with legal advice on all matters relating to the Office. In accordance with subsection (e), the Assistant Secretary may hire the appropriate staff for the Counsel to provide such legal advice.''. SEC. 3. MODIFICATIONS TO FUNCTIONS OF OFFICE OF ACCOUNTABILITY AND WHISTLEBLOWER PROTECTION.
Subsection (c)(1) of such section is amended--
(1) by striking subparagraphs (A) and (B);
(2) by redesignating subparagraphs (C) through (G) as subparagraphs (A) through (E), respectively;
(3) in subparagraph (A), as so redesignated, by inserting ``and allegations of whistleblower retaliation'' after ``disclosures'';
(4) by striking subparagraph (B), as so redesignated, and inserting the following new subparagraph:
``(B) Referring employees of the Department to the Office of Special Counsel so the Office of Special Counsel may receive whistleblower disclosures and allegations of whistleblower retaliation.''; and
(5) by striking subparagraphs (H) and (I). SEC. 4. EXPANSION OF WHISTLEBLOWER PROTECTIONS.
(a) Clarification of Prohibited Personnel Action.--Section 731(c) of such title is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by inserting ``, or threatening to take or fail to take,'' after ``failing to take''; and
(B) in subparagraph (A), by inserting ``, or with respect to an allegation of such a disclosure'' before the semicolon;
(2) in paragraph (3), by inserting ``, making a referral to boards of licensure,'' after ``negative peer review''.
(b) Function of Office of Accountability and Whistleblower Protection.--Section 323(g) of such title is amended by adding at the end the following new paragraph:
``(4) The term `prohibited personnel action' has the meaning given such term in section 731(c) of this title.''. SEC. 5. TRACKING AND ENFORCEMENT OF RECOMMENDATIONS AND SETTLEMENT AGREEMENTS REGARDING WHISTLEBLOWERS.
Subsection (c) of section 323 of such title, as amended by section 4, is further amended--
(1) in paragraph (1), by adding at the end the following new subparagraphs:
``(I) Tracking the negotiation, implementation, and enforcement of settlement agreements entered into by the Secretary regarding claims of whistleblower retaliation, including with respect to the work of the General Counsel of the Department regarding such settlements.
``(J) Tracking the determinations made by the Special Counsel regarding claims of whistleblower retaliation, including--
``(i) any disciplinary action for the individual who engaged in whistleblower retaliation; and
``(ii) determinations regarding the need for settlement as identified by the Special Counsel, and any settlement resolving claims of whistleblower retaliation entered into by the Secretary with the whistleblower.''; and
(2) by adding at the end the following new paragraph:
``(4)(A) In carrying out subparagraph (I) of paragraph (1), the Assistant Secretary shall, in consultation with the General Counsel, establish metrics and standards regarding--
``(i) the timely implementation of settlement agreements entered into by the Secretary regarding whistleblower retaliation; and
``(ii) reasonable restitution and restoration of employment, and other relief for whistleblowers; and
``(B) The Assistant Secretary shall establish a secure electronic system to carry out subparagraphs (I) and (J) of paragraph (1) in a manner that ensures the confidentiality of the identity of a whistleblower.''. SEC. 6. TRAINING AND INFORMATION.
Section 323 of such title is further amended--
(1) in subsection (c)(2), by striking ``receive anonymous whistleblower disclosures'' and inserting ``provide information to employees of the Department regarding the rights of and procedures for whistleblowers'';
(2) by redesignating subsection (g) as subsection (i); and
(3) by inserting after subsection (f) the following new subsections:
``(g) Training.--The Assistant Secretary shall--
``(1) develop, in consultation with the Special Counsel, annual training on whistleblower protection and related issues;
``(2) provide and make such training available to employees of the Department; and
``(3) disseminate training materials and information to employees on whistleblower rights, whistleblower disclosures, and allegations of whistleblower retaliation, including any materials created pursuant to section 733 of this title.''. SEC. 7. IMPROVEMENTS TO ANNUAL REPORTS.
Subsection (f) of section 323 of such title is amended--
(1) in paragraph (1)(B)(ii), by striking ``subsection (C)(1)(G)'' and inserting ``subsection (c)(1)(E)'';
(2) in paragraph (2)--
(A) by striking ``under subsection (c)(1)(I)'' and inserting ``by the Special Counsel''; and
(B) by inserting ``not later than 60 days after such date'' before ``the Secretary shall''; and
(3) by adding at the end the following new paragraph:
``(3) Not later than June 30, 2023, and semiannually thereafter, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on settlements described in paragraph (1)(I) of subsection (c), including, with respect to the period covered by the report--
``(A) the number of settlements under negotiation or executed, and the number of executed settlements that have not been fully implemented;
``(B) the explanation as to why any such executed settlement has not been fully implemented;
``(C) a description of the metrics described in paragraph (4)(A) of such subsection; and
``(D) identification of settlement agreements that are not meeting such metrics and standards, or for which the Assistant Secretary is aware of a determination that a breach of agreement has been found.''.
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Mr. TAKANO. 8510, as amended.
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Mr. TAKANO. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, H.R. 8510, as amended, the Strengthening Whistleblower Protections at the Department of Veterans Affairs Act, is an important bill that will protect and support VA employees who report wrongdoing within the Department.
I commend Representatives Chris Pappas and Tracey Mann, the chairman and ranking member of our Subcommittee on Oversight and Investigations, for their work over the past few years on this issue.
The subcommittee has been tireless in its examination of VA policies and procedures for protecting whistleblowers and disciplining those who retaliate against them. When retaliation occurs, VA must make whole a whistleblower who was unfairly punished for speaking truth to power. This is not only the right thing to do; it is the law.
During the subcommittee's hearings on this issue, we heard firsthand accounts from several individuals who experienced long waits for justice despite confirmed findings of retaliation. VA can and must do more to protect whistleblowers.
I support Chairman Pappas and Ranking Member Mann's bipartisan legislation. It would promote independence and strengthen the mission of VA's Office of Accountability and Whistleblower Protection.
It would also streamline duplicative investigations and send a clear message that retaliation against those who report wrongdoing will not be tolerated.
This bill has the support of several national organizations that advocate on behalf of government whistleblowers and was favorably reported by the full Veterans' Affairs Committee last week.
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Mr. TAKANO. Madam Speaker, I yield 5 minutes to the gentleman from New Hampshire (Mr. Pappas), the chairman of the Subcommittee on Oversight and Investigations for the Veterans' Affairs Committee.
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Mr. TAKANO. Madam Speaker, I ask all my colleagues to join me in passing H.R. 8510, as amended, the Strengthening Whistleblower Protections at the Department of Veterans Affairs Act, and I yield back the balance of my time.
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