[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.