---
kind: "section"
citation: "38 U.S.C. § 323"
title: "38"
title_heading: "Veterans’ Benefits"
number: "323"
heading: "Office of Accountability and Whistleblower Protection"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/323"
units:
  - "Part I — General Provisions"
  - "Chapter 3 — Department of Veterans Affairs"
---

# §323. Office of Accountability and Whistleblower Protection

- (a) **Establishment.—** There is established in the [Department](/usc/38/101.md?p=1) an office to be known as the “Office of Accountability and Whistleblower Protection” (in this section referred to as the “Office”).
- (b) **Head of Office.—**
  - (1) The head of the Office shall be responsible for the functions of the Office and shall be appointed by the President pursuant to [section 308(a) of this title](/usc/38/308.md?p=a).
  - (2) The head of the Office shall be known as the “Assistant [Secretary](/usc/38/101.md?p=1) for Accountability and Whistleblower Protection”.
  - (3) The Assistant [Secretary](/usc/38/101.md?p=1) shall report directly to the [Secretary](/usc/38/101.md?p=1) on all matters relating to the Office.
  - (4) Notwithstanding [section 308(b) of this title](/usc/38/308.md?p=b), the [Secretary](/usc/38/101.md?p=1) may only assign to the Assistant [Secretary](/usc/38/101.md?p=1) responsibilities relating to the functions of the Office set forth in [subsection (c)](#c).
- (c) **Functions.—**
  - (1) The functions of the Office are as follows:
    - (A) Advising the [Secretary](/usc/38/101.md?p=1) on all matters of the [Department](/usc/38/101.md?p=1) relating to accountability, including accountability of employees of the [Department](/usc/38/101.md?p=1), retaliation against whistleblowers, and such matters as the [Secretary](/usc/38/101.md?p=1) considers similar and affect public trust in the [Department](/usc/38/101.md?p=1).
    - (B) Issuing reports and providing recommendations related to the duties described in [subparagraph (A)](#c-1-A).
    - (C) Receiving whistleblower disclosures.
    - (D) Referring whistleblower disclosures received under [subparagraph (C)](#c-1-C) for investigation to the Office of the Medical Inspector, the Office of Inspector General, or other investigative entity, as appropriate, if the Assistant [Secretary](/usc/38/101.md?p=1) has reason to believe the whistleblower disclosure is evidence of a violation of a provision of law, mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to public health or safety.
    - (E) Receiving and referring disclosures from the Special Counsel for investigation to the Medical Inspector of the [Department](/usc/38/101.md?p=1), the Inspector General of the [Department](/usc/38/101.md?p=1), or such other person with investigatory authority, as the Assistant [Secretary](/usc/38/101.md?p=1) considers appropriate.
    - (F) Recording, tracking, reviewing, and confirming implementation of recommendations from audits and investigations carried out by the Inspector General of the [Department](/usc/38/101.md?p=1), the Medical Inspector of the [Department](/usc/38/101.md?p=1), the Special Counsel, and the Comptroller General of the United States, including the imposition of disciplinary actions and other corrective actions contained in such recommendations.
    - (G) Analyzing data from the Office and the Office of Inspector General telephone hotlines, other whistleblower disclosures, disaggregated by facility and area of health care if appropriate, and relevant audits and investigations to identify trends and issue reports to the [Secretary](/usc/38/101.md?p=1) based on analysis conducted under this subparagraph.
    - (H) Receiving, reviewing, and investigating allegations of misconduct, retaliation, or poor performance involving—
      - (i) an individual in a senior executive position (as defined in [section 713(d) of this title](/usc/38/713.md?p=d)) in the [Department](/usc/38/101.md?p=1);
      - (ii) an individual employed in a confidential, policy-making, policy-determining, or policy-advocating position in the [Department](/usc/38/101.md?p=1); or
      - (iii) a supervisory employee, if the allegation involves retaliation against an employee for making a whistleblower disclosure.
    - (I) Making such recommendations to the [Secretary](/usc/38/101.md?p=1) for disciplinary action as the Assistant [Secretary](/usc/38/101.md?p=1) considers appropriate after substantiating any allegation of misconduct or poor performance pursuant to an investigation carried out as described in subparagraph [(F)](#c-1-F) or [(H)](#c-1-H).
  - (2) In carrying out the functions of the Office, the Assistant [Secretary](/usc/38/101.md?p=1) shall ensure that the Office maintains a toll-free telephone number and Internet website to receive anonymous whistleblower disclosures.
  - (3) In any case in which the Assistant [Secretary](/usc/38/101.md?p=1) receives a whistleblower disclosure from an employee of the [Department](/usc/38/101.md?p=1) under [paragraph (1)(C)](#c-1-C), the Assistant [Secretary](/usc/38/101.md?p=1) may not disclose the identity of the employee without the consent of the employee, except in accordance with the provisions of [section 552a of title 5](/usc/5/552a.md), or as required by any other applicable provision of Federal law.
- (d) **Staff and Resources.—** The [Secretary](/usc/38/101.md?p=1) shall ensure that the Assistant [Secretary](/usc/38/101.md?p=1) has such staff, resources, and access to information as may be necessary to carry out the functions of the Office.
- (e) **Relation to Office of General Counsel.—** The Office shall not be established as an element of the Office of the General Counsel and the Assistant [Secretary](/usc/38/101.md?p=1) may not report to the General Counsel.
- (f) **Reports.—**
  - (1)
    - (A) Not later than June 30 of each calendar year, beginning with June 30, 2017, the Assistant [Secretary](/usc/38/101.md?p=1) shall submit to the Committee on [Veterans](/usc/38/101.md?p=2)’ Affairs of the Senate and the Committee on [Veterans](/usc/38/101.md?p=2)’ Affairs of the House of Representatives a report on the activities of the Office during the calendar year in which the report is submitted.
    - (B) Each report submitted under [subparagraph (A)](#f-1-A) shall include, for the period covered by the report, the following:
      - (i) A full and substantive analysis of the activities of the Office, including such statistical information as the Assistant [Secretary](/usc/38/101.md?p=1) considers appropriate.
      - (ii) Identification of any issues reported to the [Secretary](/usc/38/101.md?p=1) under [subsection (c)(1)(G)](#c-1-G), including such data as the Assistant [Secretary](/usc/38/101.md?p=1) considers relevant to such issues and any trends the Assistant [Secretary](/usc/38/101.md?p=1) may have identified with respect to such issues.
      - (iii) Identification of such concerns as the Assistant [Secretary](/usc/38/101.md?p=1) may have regarding the size, staffing, and resources of the Office and such recommendations as the Assistant [Secretary](/usc/38/101.md?p=1) may have for legislative or administrative action to address such concerns.
      - (iv) Such recommendations as the Assistant [Secretary](/usc/38/101.md?p=1) may have for legislative or administrative action to improve—
        - (I) the process by which concerns are reported to the Office; and
        - (II) the protection of whistleblowers within the [Department](/usc/38/101.md?p=1).
      - (v) Such other matters as the Assistant [Secretary](/usc/38/101.md?p=1) considers appropriate regarding the functions of the Office or other matters relating to the Office.
  - (2) If the [Secretary](/usc/38/101.md?p=1) receives a recommendation for disciplinary action under [subsection (c)(1)(I)](#c-1-I) and does not take or initiate the recommended disciplinary action before the date that is 60 days after the date on which the [Secretary](/usc/38/101.md?p=1) received the recommendation, the [Secretary](/usc/38/101.md?p=1) shall submit to the Committee on [Veterans](/usc/38/101.md?p=2)’ Affairs of the Senate and the Committee on [Veterans](/usc/38/101.md?p=2)’ Affairs of the House of Representatives a detailed justification for not taking or initiating such disciplinary action.
- (g) **Definitions.—** In this section:
  - (1) The term “supervisory employee” means an employee of the [Department](/usc/38/101.md?p=1) who is a supervisor as defined in [section 7103(a) of title 5](/usc/5/7103.md?p=a).
  - (2) The term “whistleblower” means one who makes a whistleblower disclosure.
  - (3) The term “whistleblower disclosure” means any disclosure of information by an employee of the [Department](/usc/38/101.md?p=1) or individual applying to become an employee of the [Department](/usc/38/101.md?p=1) which the employee or individual reasonably believes evidences—
    - (A) a violation of a law, rule, or regulation; or
    - (B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.

## Source credit

(Added Pub. L. 115–41, title I, § 101(a), June 23, 2017, 131 Stat. 863.)