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H.R. 8510 — what changed

Strengthening Whistleblower Protections at the Department of Veterans Affairs Act

From Introduced in House to Engrossed in House. 3 sections amended between Introduced in House and Engrossed in House.

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)
changed in subparagraph (A), by inserting “, or with respect to an allegation of such a disclosure” before the semicolon; andsemicolon;
(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:

changed “(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.

changed “(J) Tracking the determinations made by the Special Counsel regarding claims of whistleblower retaliation, including—

changed “(i) any disciplinary action for the individual who engaged in whistleblower retaliation; and

changed “(ii) determinations regarding the need for, for settlement as identified by the Special Counsel, and scope of, any settlement resolving claims of whistleblower retaliation entered into by the Secretary to enter into a settlement agreement with the whistleblower.”

(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—

changed “(i) the timely negotiation and implementation of settlement agreements entered into by the Secretary regarding whistleblower retaliation; and

changed “(ii) reasonable restitution and restoration of employment, and other relief for whistleblowers.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. 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—

changed “(A) the number of settlements initiated, the disposition of each settlement that was resolved, under negotiation or executed, and the number of executed settlements that are pending or have not been fully implemented;

changed “(B) the status of each such pending settlement, including explanation as to why any progress or lack of progress toward settlement and the implementation of such a settlement;executed settlement has not been fully implemented;

“(C) a description of the metrics described in paragraph (4)(A) of such subsection; and

changed “(D) identification of settlement agreements that are not meeting such metrics and standards, or for which there has been any the Assistant Secretary is aware of a determination that a breach of the agreement.”agreement has been found.”