Sec. 104. Establishment of administrative investigation board and other accountability actions database
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Subchapter I of chapter 7 of title 38, United States Code, as amended by section 101, is further amended by adding at the end the following new section: The Secretary shall establish a central, access-controlled, and secure database to make administrative investigation board information, and other official investigatory process information, accessible for relevant officials of the Department for the purposes of— reviewing an employee who is under consideration for promotion or rehire and who was the subject of an administrative investigation board or other official investigatory process; monitoring trends and challenges, including with respect to management and accountability; and enabling relevant authorized officials of— the Office of the Secretary and the Deputy Secretary and non-Administration offices of the Central Office of the Department to attain visibility and insight into the accountability actions and investigations of the headquarters of the Department for purposes of management and oversight;
Veterans Integrated Service Networks and the central office of the Veterans Health Administration to attain visibility and insight into the accountability actions and investigations of the Department medical centers and other relevant sub-facilities for the purposes of management and oversight; the central office of the Veterans Benefits Administration to attain visibility and insight into the accountability actions and investigations of regional offices of the Administration for the purposes of management and oversight; the central office of the National Cemetery Administration to attain visibility and insight into the accountability actions and investigations of regional offices of the Administration for the purposes of management and oversight; and all other relevant offices and administrations of the Department to attain visibility and insight into the accountability actions and investigations of regional or sub-offices of a relevant organization for the purposes of management and oversight.
The database established pursuant to subsection
(a)may be implemented through— the creation of a standalone information technology service or system; or incorporated into an existing or planned information technology solution for human resources, accountability, or other similar functions, but only if such system complies with the requirements of subsection (c). The database established pursuant to subsection
(a)shall have privacy, user-based, time-limitation, and access controls to ensure only those with a need to know can access the information. The Secretary shall, in consultation with the General Counsel of the Department, the Assistant Secretary for Information and Technology, the Chief Human Capitol Officer, and the Assistant Secretary for Accountability and Whistleblower Protection, and the heads of such other relevant offices of the Department, develop protocols for who can have access to the database established pursuant to subsection
(a)and when, so as to preserve privacy, preserve due process, and strengthen accountability and whistleblower protection. The Secretary shall review the protocols developed pursuant to subparagraph
(A)not less frequently than once each year. The database established pursuant to subsection
(a)shall include, at a minimum, the ability to filter data in the database and search such data by the following: Outcome of an administrative investigation board or other official investigatory process. The implementation status of the recommendations or other actions included in a final administrative investigation board or other official investigatory process. Summary of facts of a case. Relevant final documents and interviews, findings, and adjudication. Grade of employee. Status of administrative investigation board review or other official investigatory process. Date of initiation and whether a case is open but not concluded or other such status. Date of closure of an administrative investigation board or other official investigatory process. Employee name. Administration, staff office, or other Department entity. Location, such as the following: Station code. Regional office. Department medical center or medical facility of the Department. Cemetery. Such other relevant subcategories as the Secretary determines appropriate. The Secretary may expand the scope of the database established pursuant to subsection
(a)to include such other accountability reviews and adverse employment outcomes as the Secretary considers appropriate. The Secretary shall ensure that the Veterans Integrated Service Networks, the central office of the Department, the Office of Accountability and Whistleblower Protection, the district offices of the National Cemetery Administration, the central office of the National Cemetery Administration, the regional districts of the Veterans Benefits Administration, the central office of the Veterans Benefits Administration, and such senior leaders of the Department as the Secretary considers appropriate monitor the database established pursuant to subsection
(a)for activity and trends within their organizations down to the lowest level so as to ensure awareness of administrative investigation boards and other official investigatory processes open and concluded within their organization so as to determine potential trends and challenges within the various levels and sub-levels of each organization. The Secretary shall develop and implement policy to require all parts of the Department to upload, enter, or otherwise submit information to the database established pursuant to subsection
(a)in real-time so as to ensure the database has the most current available information at all times. The General Counsel shall— administer the database established pursuant to subsection (a); maintain the database in coordination with the Chief Human Capital Officer of the Department, the Assistant Secretary for Accountability and Whistleblower Protection, and the Assistant Secretary for Information and Technology, especially with respect to ensuring security, access control, due process, and whistleblower protection; monitor the database for trends; and develop recommendations, based on the findings of the General Counsel with respect to the monitoring carried out pursuant to paragraph (3), for the Secretary to improve accountability, oversight, leadership, and management at the Department. In this section, the term Vet Center has the meaning given that term in section 1712A(h) of this title. . The table of sections at the beginning of chapter 7 of such title, as amended by section 101, is further amended by inserting after the item relating to section 729 the following new item: 729A. Administrative investigation board and other accountability actions database. .