[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8860 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 8860

To amend title 38, United States Code, to make certain improvements in 
  the laws relating to whistleblower protection at the Department of 
               Veterans Affairs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 3, 2020

  Mr. Pappas introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to make certain improvements in 
  the laws relating to whistleblower protection at 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 VA Whistleblower 
Protection Act of 2020''.

SEC. 2. INDEPENDENCE OF OFFICE OF ACCOUNTABILITY AND WHISTLEBLOWER 
              PROTECTION FROM GENERAL COUNSEL.

    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 paragraphs:
    ``(2) The General Counsel of the Department shall establish an 
Office of General Counsel for the Office of Accountability and 
Whistleblower Protection. Such Office, and the employees of such 
Office, shall be independent of the Office of the General Counsel of 
the Department.
    ``(3) The General Counsel of the Department, or any employee of the 
Office of the General Counsel of the Department, may not directly or 
indirectly provide any recommendation, advisory opinion, or 
authoritative decision for any matter relevant to a whistleblower case 
under the jurisdiction of the Office and the Assistant Secretary.
    ``(4) No employee of the Office of the General Counsel of the 
Department may be detailed, reassigned, or otherwise employed by the 
Office of Accountability and Whistleblower Protection before the date 
that is two years after the date on which such employee ceases to be an 
employee of the Office of the General Counsel of the Department.''.

SEC. 3. TECHNICAL ASSISTANCE AND GUIDANCE FOR WHISTLEBLOWERS.

    (a) In General.--Subchapter II of chapter 7 of such title is 
amended by adding at the end the following new section:
``Sec. 734. Technical assistance for whistleblowers
    ``(a) In General.--The Assistant Secretary for Accountability and 
Whistleblower Protection shall--
            ``(1) make all reasonable efforts to--
                    ``(A) guide, advise, and assist a whistleblower 
                regarding a whistleblower's rights and the abilities 
                and authorities of different entities that assist or 
                respond to whistleblowers;
                    ``(B) obtain all evidence necessary to substantiate 
                the complaint of the whistleblower of any alleged--
                            ``(i) violation of any law, rule, or 
                        regulation;
                            ``(ii) gross mismanagement;
                            ``(iii) waste of funds;
                            ``(iv) abuse of authority;
                            ``(v) specific danger to public health or 
                        safety; or
                            ``(vi) censorship related to research, 
                        analysis, or technical information; and
            ``(2) provide for an optional alternative dispute 
        resolution program, which shall include attempts to mediate 
        resolutions or find reassignments for Department employees 
        involved in whistleblower allegations.
    ``(b) Sharing of Records.--As part of the assistance provided under 
this section, the Assistant Secretary shall make all reasonable efforts 
to obtain and share relevant records to the claimant that the claimant 
adequately identifies to the Secretary.
    ``(c) Whistleblower Defined.--In this section, the term 
`whistleblower' has the meaning given such term in section 323(h) of 
this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item section 733 the 
following new item:

``734. Technical assistance for whistleblowers.''.

SEC. 4. EXPANSION OF WHISTLEBLOWER PROTECTIONS.

    (a) Clarification of Prohibited Personnel Action.--Section 
731(c)(3) of title 38, United States Code, is amended by inserting 
``making a referral to boards of licensure'' after ``negative peer 
review''.
    (b) Function of Office of Accountability and Whistleblower 
Protection.--Section 323 of such title, as amended by section 2, is 
further amended--
            (1) in subsection (c)(1), by adding at the end the 
        following new subparagraph:
            ``(J) Without affecting other statutory rights or remedies, 
        issuing binding decisions for temporary relief when a 
        Department employee demonstrates, by a preponderance of the 
        evidence, that a prohibited personnel action was a contributing 
        factor with respect to alleged retaliation against a Department 
        employee by a Department supervisor.''; and
            (2) in subsection (g), by adding at the end the following 
        new paragraph:
            ``(5) The term `prohibited personnel action' has the 
        meaning given such term in section 731(c) of this title.''.
    (c) Anti-Retaliation Protection for Senior Executives.--Subsection 
(e) of section 714 of such title, as amended by subsection (c), is 
further amended by adding at the end the following new paragraph:
    ``(4) Notwithstanding subsection (h)(1)(A), for purposes of this 
subsection, the term `covered individual' includes an individual 
occupying a senior executive position (as defined in section 713(d) of 
this title).''.

SEC. 5. REQUIREMENT FOR REGULATIONS.

    Not later than one year after the date of the enactment of this 
Act, the Assistant Secretary for Accountability and Whistleblower 
Protection of the Department of Veterans Affairs shall issue 
regulations to carry out all activities under section 323 of title 38, 
United States Code, as amended by this Act.
                                 <all>