[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8510 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
2d Session
H. R. 8510
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 11, 2022
Received; read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
AN ACT
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.
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.''.
Passed the House of Representatives September 29, 2022.
Attest:
CHERYL L. JOHNSON,
Clerk.