Sec. 302. Report on implementation of provisions of law relating to accountability and whistleblower protections at Department of Veterans Affairs
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Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report detailing the implementation of Executive Order 13793 ( 38 U.S.C. 301 note; relating to improving accountability and whistleblower protection at the Department of Veterans Affairs) and the provisions of, and amendments made by, the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017 ( Public Law 115–41 ), the effect of such implementation, and lessons learned— to improve accountability and sustain accountability actions; to improve oversight; to follow due process; to reduce future financial expenditures and legal risk due to incomplete personnel actions, insufficient documentation and due diligence, and poor compliance; to support recruitment and retention of high quality employees to serve at the Department of Veterans Affairs; and to ensure accountability actions withstands external judicial or other quasi-judicial or administrative review.
The report submitted pursuant to subsection
(a)shall include, at a minimum, the following: A description and a timeline of pre-planning, reasoning of the policy steps made to implement, and staffing decisions and selections made to carry out Executive Order 13793. A description and a timeline of pre-planning, reasoning of the policy steps made to implement, and staffing decisions and selections for the Office of Accountability and Whistleblower Protection to carry out the provisions of, and amendments made by, the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017 ( Public Law 115–41 ). A description of the actual implementation and staffing decisions made to carry out such Executive Order and the provisions of, and amendments made by, such Act and how the implementation differed from what was planned. A discussion of the legal consequences of not bargaining or notifying the relevant labor organization partners before implementation of section 714 of title 38, United States Code. A discussion of how and why the Department was brought into legal proceedings pursuant to actions in Federal courts, administrative proceedings, or quasi-judicial bodies, relating to the implementation of the provisions of law and amendments described in paragraph
(2)and the Executive Order 13793, including descriptions of— each legal proceeding, including the issues presented; and the current or final status of litigation, judicial review, quasi-judicial review, or administrative proceeding as of the date of the report. A detailed explanation of the staffing, policy, and other decisions made that led to the challenges and recommendations contained in Office of Inspector General of the Department of Veterans Affairs report 18–04968–249, dated October 24, 2019, and titled Office of Accountability and Whistleblower Protection: Failures Implementing Aspects of the VA Accountability and Whistleblower Protection Act of 2017 , which contained 22 recommendations for corrective action. A count of the employees terminated or otherwise removed from service, including their seniority level and date of removal, pursuant to authority provided by the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017 ( Public Law 115–41 ) during the period beginning on June 23, 2017, and ending on the date of the enactment of this Act, including which authority was utilized and which of those were required to be rehired or financially made whole, or received some other form of compensation or corrective action, because their termination was subsequently found to be in violation of a provision of law, regulation, or related matters, or was so directed by judicial, quasi-judicial, or other administrative order or ruling. Information on the establishment of the Office of Accountability and Whistleblower Protection pursuant to Executive Order 13793 and then by the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017 ( Public Law 115–41 ), including a description of the following: How the office was initially staffed and how many of the people hired to staff the office were hired using noncompetitive practices. How the office handled cases in the period between April 27, 2017, and ending on October 31, 2019, where an apparent conflict of interest existed, such as in which one senior official had to carry out or direct a review of another senior official or of equal rank and what firewalls or other procedures were established to prevent potential conflicts of interest. Any leaders who had multiple roles within the office and in other elements of the Department simultaneously and any conflicts of interest or apparent conflicts of interest in those roles. Who was held accountable, and in what manner, as a result of the failures identified in the report described in paragraph
(6)and thereafter, including— how many employees of the office were terminated, demoted, or suspended during the period beginning on April 27, 2017, and ending on October 31, 2019; what authority was used for the terminations, demotions, or suspensions, described in clause
(i)and the reasons for such terminations; and how many employees of the office retired or resigned during the period described in clause (i). What lessons were learned by the Department regarding how to better implement accountability actions in the future to avoid or reduce potential litigation, reduce financial costs incurred, reduce lost accountability actions, increase efficiency, and ensure sustained accountability. The total final, or estimated final, financial cost and employment outcome, such as the rehiring or compensation of employees, of orders, rulings, or other actions by Federal courts, administrative judges, quasi-judicial entities, or final Collective Bargaining Agreement settlement or renegotiation relating to the implementation of the provisions of, and amendments made by, the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017 ( Public Law 115–41 ) from June 23, 2017, to the date of the report. For each of the outcomes under paragraph (10), an indication of whether the Department could have achieved the same outcome, namely of holding relevant employees accountable in a sustained manner, while avoiding litigation and costs incurred and accountability actions rejected. Such other matters as the Secretary considers appropriate to describe lessons learned on implementing and sustaining accountability actions and culture.
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Sec. 302
Report on implementation of provisions of law relating to accountability and whistleblower protections at Department of Veterans Affairs
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