Sec. 301. Strengthening whistleblower protections at Department of Veterans Affairs
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Subsection
(e)of section 323 of title 38, United States Code, is amended to read as follows: There is in the Office a General Counsel who shall be the chief legal officer of the Office and provides legal assistance to the Assistant Secretary concerning the programs and policies of the Office. The Assistant Secretary shall appoint the General Counsel of the Office, who shall be a career appointee in the Senior Executive Service and shall report to the Assistant Secretary. In accordance with subsection (d), the Assistant Secretary may hire staff for the General Counsel of the Office to provide such legal assistance pursuant to paragraph (1). The Office shall not be established as an element of the Office of the General Counsel of the Department and the Assistant Secretary may not report to the General Counsel of the Department. . Subsection (c)(1) of such section is amended— in subparagraph (C), by inserting and allegations of whistleblower retaliation after disclosures ; and by striking subparagraphs
(F)and (G), and inserting the following new subparagraphs: Recording, tracking, reviewing, and confirming implementation of relevant accountability and disciplinary recommendations from audits and investigations carried out by the Inspector General of the Department, the Medical Inspector of the Department, the Special Counsel, the Comptroller General of the United States, and such others as the Assistant Secretary considers appropriate, including the imposition of disciplinary actions and other related personnel actions contained in such recommendations. Analyzing data available to the Office of Accountability and Whistleblower Protection from internal and external data sources, disaggregated by facility, region, network, and area of health care, benefits, memorial services, or such other services of the Department as the Assistant Secretary determines relevant, and other pertinent audits and investigations to identify trends relating to accountability matters, whistleblower retaliation and protection, reoccurring management shortcomings, and issue reports and recommendations to the Secretary on these matters based on analysis conducted under this subparagraph. . Subsection
(c)of such section, as amended by subsection (b), is further amended— in paragraph (1), by adding at the end the following new subparagraphs: Tracking the negotiation, implementation, and enforcement of settlement agreements entered into by the Secretary regarding claims of retaliation, including with respect to the work of the General Counsel of the Department regarding such settlements. In conducting tracking pursuant to subparagraph (J), examining factors, including volume, size of monetary value, and other matters, so as to determine and identify— any underlying causes of such settlement agreements relating to management, leadership, accountability, prohibited personnel actions described in section 731(c) of this title, and other similar matters at a facility, office, or organization of the Department; and the need for corrective action. Tracking determinations made by the Special Counsel regarding claims of committal of a prohibited personnel action described in section 731(c) of this title, including— any disciplinary action for the individual who engaged in such prohibited personnel action; and determinations regarding the need for corrective action under section 1214 of title 5, as identified by the Special Counsel, and any settlement agreement resolving claims of whistleblower retaliation entered into by the Secretary with the whistleblower. ; and by adding at the end the following new paragraph: In carrying out subparagraph
(J)of paragraph (1), the Assistant Secretary shall, in consultation with the General Counsel of the Department, establish metrics and standards regarding— the timely negotiation and implementation of settlement agreements entered into by the Secretary regarding retaliation; and reasonable restitution and restoration of employment, and other relief for whistleblowers. The Assistant Secretary shall establish a secure electronic system to carry out subparagraphs
(J)and
(K)of paragraph
(1)in a manner that ensures the confidentiality of the identity of a whistleblower or a party to a settlement agreement described in either of such subparagraphs. . Section 323 of such title is further amended— in subsection (c)(2), by striking receive anonymous whistleblower disclosures and inserting provide information to employees of the Department regarding the rights of and procedures for whistleblowers ; by redesignating subsection
(g)as subsection (h); and by inserting after subsection
(f)the following new subsection (g): The Assistant Secretary shall— in consultation with the Special Counsel, develop annual training on whistleblower protection and related issues; provide and make such training available to employees of the Department; and disseminate training materials and information to employees on whistleblower rights, whistleblower disclosures, and allegations of whistleblower retaliation, including any materials created pursuant to section 733 of this title. . Subsection
(f)of such section is amended— in paragraph (1)(B)(ii), by striking subsection (C)(1)(G) and inserting subsection (c)(1)(E) ; by amending paragraph
(2)to read as follows: If the Secretary, or other relevant management or supervisory official as the case may be, receives a recommendation for disciplinary action under subsection (c)(1)(I) and does not take or initiate, or modifies, mitigates, or delays, the recommended disciplinary action before the date that is 60 days after the date on which the Secretary or other relevant management or supervisory official as the case may be, received the recommendation, not later than 60 days after such date, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a detailed justification for the relevant official not taking, modifying, or mitigating, or delaying or initiating such disciplinary action. ; and by adding at the end the following new paragraph: Not later than June 30, 2024, and semiannually thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on settlements described in paragraph (1)(J) of subsection (c), including, with respect to the period covered by the report— the number of settlements initiated, the disposition of each settlement that was resolved, and the number of settlements that are pending or have not been implemented; the status of each such pending settlement, including any progress or lack of progress toward settlement and the implementation of such a settlement; a description of the metrics described in paragraph (4)(A) of such subsection; and identification of settlement agreements that are not meeting such metrics and standards, or for which there has been any breach of the agreement. .