1. Short title
This Act may be cited as the “Strengthening VA Whistleblower Protection Act of 2020”.
Strengthening VA Whistleblower Protection Act of 2020
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.
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—
by inserting “(1)” before “The Office”; and
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.”
3. Technical assistance and guidance for whistleblowers
In general— Subchapter II of chapter 7 of such title is amended by adding at the end the following new section:
“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.”
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:
4. Expansion of whistleblower protections
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”.
Function of Office of Accountability and Whistleblower Protection— Section 323 of such title, as amended by section 2, is further amended—
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.”
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.”
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).”
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.