§323 Office of Accountability and Whistleblower Protection

Summary

Creates an Office of Accountability and Whistleblower Protection inside the Department. The head of the office is the Assistant Secretary for Accountability and Whistleblower Protection, who is appointed by the President under section 308(a) and reports directly to the Secretary. The Secretary must give the Assistant Secretary the staff, resources, and access to information needed. The office must not be part of the Office of the General Counsel, and the Assistant Secretary may not report to the General Counsel. The office must take tips and complaints from employees, keep a toll-free phone line and website for anonymous reports, protect an employee’s identity unless the employee agrees or disclosure is required by the Privacy Act (5 U.S.C. 552a) or other federal law, and recommend investigations or discipline when it finds misconduct, retaliation, or serious problems. It must refer suspected violations to the Medical Inspector, Inspector General, Special Counsel, or other investigators as appropriate. The office must track and follow up on audit and investigation recommendations, analyze hotline and complaint data to find trends, and report findings and recommendations to the Secretary. The Assistant Secretary must send a report to the Veterans’ Affairs committees each year by June 30, beginning June 30, 2017, and if the Secretary does not start recommended disciplinary action within 60 days must explain why. Definitions (one line each): supervisory employee — a Department supervisor; whistleblower — someone who makes a whistleblower disclosure; whistleblower disclosure — an employee report of law violations, gross mismanagement, large waste, abuse of authority, or serious danger to public health or safety.