[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[House]
[Pages H8190-H8192]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 STRENGTHENING WHISTLEBLOWER PROTECTIONS AT THE DEPARTMENT OF VETERANS 
                              AFFAIRS ACT

  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;

[[Page H8191]]

       ``(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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Takano) and the gentleman from Illinois (Mr. Bost) each 
will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. TAKANO. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 8510, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  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.
  Madam Speaker, I urge all of my colleagues to support this 
legislation, and I reserve the balance of my time.
  Mr. BOST. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise today in support of H.R. 8510, as amended.
  Following the access scandal of 2014, Congress enacted the VA 
Accountability Act. The Accountability Act is meant to make it easier 
for VA to hold bad employees responsible for their actions. The law 
also created a new VA office intended to protect whistleblowers and 
conduct investigations.
  Unfortunately, this office has never lived up to the standard that 
whistleblowers deserve. In 2021, 80 percent of the OAWP recommendations 
for discipline were ignored by the VA. It is time to refocus their 
mission.
  H.R. 8510, as amended, would require VA employees with complaints to 
be referred to the Office of Special Counsel. The OSC is an independent 
office which has the authority to receive, manage, and investigate 
allegations of whistleblower retaliation at the VA.
  The OSC has a respected history of conducting objective 
investigations. As such, I am convinced that the OSC will do a better 
job of holding senior VA employees accountable than the OAWP.
  This bill was drafted with valuable input from stakeholders and 
enjoys broad support.
  Madam Speaker, I am pleased that Congressman Pappas and Congressman 
Mann have come together to author this important bipartisan proposal, 
and I urge my colleagues to support the bill.
  Madam Speaker, I reserve the balance of my time.
  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.
  Mr. PAPPAS. Madam Speaker, I rise in support of my bipartisan 
legislation, H.R. 8510, the Strengthening Whistleblower Protections at 
the Department of Veterans Affairs Act.
  It is a bill that improves policies and procedures to better protect 
VA whistleblowers. It also promotes independence and removes conflicts 
of interest at VA's Office of Accountability and Whistleblower 
Protection.
  Whistleblowers play a critical role in holding the Federal Government 
and its agencies accountable for waste, fraud, abuse, and 
mismanagement. When employees of the Department of Veterans Affairs 
witness issues that put the health, safety, and well-being of veterans 
at risk, VA staff should feel encouraged to speak out without fear of 
retaliation. This would encourage corrective action to be taken and no 
harm to the whistleblower.
  In reality, however, too often the messenger is punished. The 
Subcommittee on Oversight and Investigations that I chair has done 
years of work on this issue.
  Alongside Ranking Member Tracey Mann, we have conducted multiple 
hearings looking into this problem. Our efforts have highlighted the 
individual stories of whistleblowers who have lost their jobs or faced 
other retaliatory actions as a result of their disclosures.
  Further, whistleblowers often wait years to be made whole after 
experiencing retaliation under current Department policies and 
procedures.
  The testimony from three previous VA employees disclosed VA 
whistleblowers are likely to face retaliation, including the loss of 
their position, and are forced to wait years for justice.
  This bipartisan bill will make major changes to how whistleblower 
claims are handled, strengthening accountability through the process. 
The bill ends VA's authority to investigate whistleblower retaliation 
complaints and, instead, relies on the independent U.S. Office of 
Special Counsel to ensure objectivity over the process.

  OSC is an independent Federal investigative agency that has high 
trust within the whistleblower community. They have the resources and 
autonomy needed to do this work.
  It will also require VA's Office of Accountability and Whistleblower 
Protection to strengthen accountability over settlement agreements for 
VA employees who suffered retaliation which provide financial 
restitution and guarantees of reemployment.
  Further, the bill will reaffirm OAWP's responsibility to provide 
resources to VA employees on whistleblower rights, including training. 
These reforms will ensure whistleblowers feel safe reporting issues 
within the Department.
  We can't continue to allow whistleblowers to be punished for speaking 
out, and we have to make sure we are doing all we can to protect VA 
whistleblowers. It is not only the law; it is also the right thing to 
do to protect whistleblowers from retaliation.
  My colleague and ranking member of the Subcommittee on Oversight and 
Investigations, Congressman Tracey Mann, co-led this bill with me to 
promote independence and strengthen the mission of VA's whistleblowers 
office. I thank Congressman Mann and his staff for their dedication and 
hard work on this issue.
  I thank all the members of the Veterans' Affairs Committee for their 
support of this bill last week, and I appreciate the support from the 
whistleblower advocacy groups, including the Project on Government 
Oversight, the Whistleblowers of America, and the Government 
Accountability Project, as well as VA's labor union, AFGE.

                              {time}  2100

  So once this is enacted, this bill will ensure that the protections 
are on the books at the Department of Veterans Affairs that will 
strengthen independence and the mission of VA's whistleblower office.
  Madam Speaker, I urge the full House to support passage.

[[Page H8192]]

  

  Mr. BOST. Madam Speaker, I yield 3 minutes to the gentleman from 
Kansas (Mr. Mann), my good friend, who has worked so hard on this 
issue.
  Mr. MANN. Madam Speaker, I rise today in support of legislation that 
I co-introduced with Congressman Pappas, H.R. 8510, the Strengthening 
Whistleblower Protections at the Department of Veterans Affairs Act.
  Holding government accountable requires reasonable whistleblower 
protection. VA employees take a risk when exposing fraud, corruption, 
or any wrongdoing of any kind, and they deserve to have their claims 
investigated, and to have protection from retaliation.
  The VA's Office of Accountability and Whistleblower Protection was 
created with good intentions but has never lived up to the expectations 
of whistleblowers or of this Congress. In 2021, 80 percent of all the 
disciplinary recommendations that OAWP made were either changed or 
simply ignored. Here are just two examples of the many troubling 
stories that my colleagues and I have heard during our hearings.
  At one facility, OAWP recommended a range of discipline from 12-day 
suspension to removal for three supervisors who engaged in 
whistleblower retaliation. VA officials disagreed, however, and the 
individuals received no disciplinary action.
  At another facility, OAWP recommended a range of discipline from 
demotion to removal for an individual who retaliated against and 
harassed an employee. VA officials believed the file lacked certain 
testimony and evidence and the individual received no disciplinary 
action.
  Despite the efforts of many dedicated VA staff, these cases, and 
others like them, highlight the need for a change in OAWP's roles and 
responsibilities. Veterans, whistleblowers, and taxpayers deserve 
better. H.R. 8510 would remove OAWP's investigative authority, and 
instead, direct OAWP to refer whistleblowers to the Office of Special 
Counsel, an independent agency, which has a much better track record 
for whistleblower investigations. This bill would also require OAWP to 
track settlement negotiations and agreements between VA employees and 
the Department and refocus the office on providing training to 
employees on whistleblower rights.
  This legislation is an example of the good that Congress can do when 
we work together. I look forward to its swift passage through the 
House, and I urge my colleagues to support this important bill.
  Mr. TAKANO. Madam Speaker, I have no further speakers, I am prepared 
to close, and I reserve the balance of my time.
  Mr. BOST. Madam Speaker, I encourage all my colleagues to support 
this bill, and I yield back the balance of my time.
  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.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Takano) that the House suspend the rules 
and pass the bill, H.R. 8510, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. ROY. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________